Staff Report: Closure and Disposition of Goldstream Avenue – Bylaw No. 1754

Background

While the applicant of 1085 Goldstream Avenue was progressing with their rezoning, it was noted through their survey work that land which was thought to be privately owned was actually dedicated road. The applicant then approached the City with an offer to purchase this portion of Goldstream Avenue fronting their site. The possibility of closing and selling this portion of Goldstream Avenue was included at the rezoning report and agreed to by Council. The attached Schedule ‘A’ outlines the proposed road closure in bold outline.

Commentary

Wensley Architecture on behalf of Goldstream Holdings Inc. requested to purchase a portion of Goldstream Avenue that abuts their development site. The portion of road proposed to be closed (92m² or 992 ft²) was originally to be use for the location of their building. However, they adjusted the location of the building in order to protect Garry Oak trees in the boulevard of Leigh Road, which the City originally protected when the road improvements occurred on Leigh Road. The developer has agreed to pay the market value for this land, and the City has agreed to return this money if the Garry Oaks on Leigh Road remain undamaged following the construction of their building.

Financial Implications

All costs associated with the closure and disposition of this portion of Goldstream Avenue would be the responsibility of the developer. Any necessary statutory right of ways, easements, or covenants arising as a result from this closure would also be the responsibility of the developer. The City would receive $23,800 for this land, but would return this money if the Garry Oak trees in the Leigh Road boulevard remain undamaged.

Legal Implications

There are no known legal implications with the closure and disposition of this portion of Goldstream Avenue.

Options

That Council;

1. Agrees to close and sell 92.2m² of road fronting 1085 Goldstream Avenue as outlined in this report in exchange for $23,800;

AND

Give Goldstream Avenue Closure Bylaw No. 1754 1st, 2nd, and 3rd readings.

OR

2. Do nothing at this time, and not close Goldstream Avenue as outlined in this report.

Respectfully Submitted

Submitted by:
Robert Dykstra, MCIP, RPP Land Development Planner

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Leah Stohman, MCIP, RPP Deputy Director of Planning

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Michael Dillabaugh, Director of Finance

Concurrence:
Darren Kiedyk, Chief Administrative Officer

Concurrence:
Braden Hutchins, Director of Corporate Services

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Schedule ‘A’

CITY OF LANGFORD

ROAD CLOSURE BYLAW NO. 1754, 2017 Road Closure Bylaw

WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by bylaw, close a portion of a highway to traffic and remove the dedication of the highway, if prior to adopting the bylaw, Council publishes notices of its intention in a newspaper and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council;

AND WHEREAS the Council of the City of Langford deems it expedient to close to traffic and remove the dedication of highway of that portion of highway comprising a total of approximately 92.2m² (992 ft²), which was dedicated as highway by Plan 12587, shown outlined in a bold black line on the reference plan prepared by Joseph S. Hadley, BCLS on the 2nd day of November, 2017, a reduced copy of which is attached hereto (the “Road Closure Plan”);

AND WHEREAS notices of Council’s intention to close that portion of highway to traffic and to remove its dedication as highway were published in a newspaper and posted in the public notice posting place, and Council has provided an opportunity for persons who consider they are affected by the closure to make representations to Council;

AND WHEREAS the Council does not consider that the closure of the Closed Road will affect the transmission or distribution facilities or works of utility operators;

NOW THEREFORE the Council of the City of Langford, in open meeting assembled, enacts as follows:

1. Attached to this Bylaw as Schedule “A” and forming part of this Bylaw is a reduced copy of the reference plan of highway closure (the “Road Closure Plan”).
2. The City hereby authorizes the closure to traffic and removal of highway dedication of: the 92.2 square metres of highway, which was dedicated as highway by Plan 12587, labelled as “Closed Road” on the Road Closure Plan (the “Closed Road”).
3. On deposit of the Road Closure Plan and all other documentation for the closure of the Closed Road in the Victoria Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled.
4. The Mayor and the Chief Administrative Officer of the City are authorized to execute all deeds of land, plans and other documentation necessary to affect this road closure and disposition.
5. This Bylaw may be cited as “Road Closure Bylaw No. 1754 (1085 Goldstream Avenue), 2017”.

Road Closure Bylaw No. 1754, 2017

READ A FIRST TIME this day of, 2018.
READ A SECOND TIME this day of, 2018.

READ A THIRD TIME this day of, 2018.
APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE THIS DAY OF, 2018.
ADOPTED this of, 2018.

MAYOR

(Certified Correct)

CHIEF ADMINISTRATIVE OFFICER

SCHEDULE “A” – Road Closure Plan