DocumentsStaff ReportSep 17, 2018Pages 55–57
Staff Report: Bylaw No. 1807 – Road Closure and Disposition (portion of Spencer Road)
Administration report proposing a revised road closure bylaw for the City's portion of Spencer Road (excluding Ministry of Transportation land) to allow disposition; proceeds and costs to be handled with developer involvement.
Key facts
- Background: earlier closure (Bylaw No.1704) adopted June 8, 2017; Ministry of Transportation later closed its portions
- City finance: sale of this City land would yield $168,938 to the City; all closure/disposition costs borne by developer
- Recommendation: rescind/replace prior closure bylaw and register statutory rights-of-way for services/utilities concurrently with title raising
Staff Report: Bylaw No. 1807 – Road Closure and Disposition (portion of Spencer Road)
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To
Council
Date
September 17, 2018
Department
Administration
Subject
Bylaw No. 1807 – Road Closure and Disposition of a Portion of Spencer Road
Background
Previously Council considered a road closure proposal for Spencer Road, just south of the Trans-Canada Highway. That closure (Bylaw No. 1704) was adopted on June 8th, 2017. However, since that time the Ministry of Transportation has stated that portions of that road actually belong to them and not the City. As the Ministry had no objections to the proposed closure, they have now closed their portions of road.
Commentary
To ensure there are no problems in registering the City’s road closure bylaw at the Land Titles Office, it has been advised that staff prepare a closure bylaw that outlines the City’s land only and excludes the Ministry’s land. The attached bylaw does this, and combined with the Ministry’s closure the total area will be same as originally proposed.
Financial Implications
All costs associated with the closure and disposition of this portion of Spencer Road would be the responsibility of the developer. Additionally, the City would receive $168,938 from the sale of this land
Legal Implications
There are no known legal implications with this proposal.
Options
That Council;
- Rescind Spencer Road Closure Bylaw No. 1807.
AND
- Give Spencer Road Closure Bylaw No. 1807 1st, 2nd, and 3rd readings.
AND
- Direct staff to ensure a statutory right of way for access to services and utilities within the closed road is registered concurrently with the raising of the title to this land to the satisfaction of the service and utility providers.
OR
- Do nothing at this time, and not close Spencer Road 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:
Cory Manton, Manager of Parks and Recreation
Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
Concurrence:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning
Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance
Concurrence:
Braden Hutchins, Director of Corporate Services
Concurrence:
Michelle Mahovlich, Acting Chief Administrative Officer
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