DocumentsBylawSep 3, 2019Pages 188–193
Bylaw No. 1863 — Road Closure Bylaw (Citation Road)
Bylaw No. 1863 to close and dispose of a portion of road on Citation Road; presented for first, second and third readings.
Key facts
- Bylaw No.: 1863
- Subject: Road closure (Citation Road)
- Agenda: First, Second and Third Readings
Staff Report to Council
Date: September 3, 2019
Department: Planning
Subject: Road Closure and Sale of a Portion of Citation Road
Background
Earlier this year, Council directed staff to prepare a road closure bylaw for a portion of unused Citation Road and enter into a purchase and sale agreement for the land with the owners of Strata Plan VIS1976. The area of closure is approximately 688 m2 and is shown heavily bolded below:
Commentary
This road closure is associated with rezoning file number Z18-0031 currently under consideration. The applicant would like to purchase the land to consolidate it with the Common Property (shown above) to create a more viable development site.
This portion of Citation Road is currently gated at both McCallum and Secretariat and is used for emergency access. It is also a commonly used pedestrian pathway. The Engineering and Fire Departments have noted that currently hydro, telecommunication, and gas utilities are located within the portion of proposed closed road. The existing utilities should be moved, or an SRW registered, prior to closing the road. The developer has indicated that any utilities would be moved as part of the building permit process should the rezoning be successful.
The legal plan EPP93087 shows that at least 6 meters of road width will remain to accommodate the existing CRD water main, a useable pedestrian connection, and continued emergency access.
Financial Implications
Any costs associated with the road closure will be borne by the owners. The owners have provided a legal plan showing the total area to be closed is approximately 688 m2, or 7,406 square feet. The owners have offered to pay the City $1,000,000 per acre which puts the proposed value of the land at $170,000.
Legal Implications
This road closure is subject to the legal requirements of s.40 and s.94 of the Community Charter and s.120 of the Land Title Act. The requirements for public notification of the road closure and disposition have been fulfilled.
The applicant’s acquisition of the closed road depends on the rezoning of the adjacent land and the modification of the existing strata. The road closure bylaw should only be adopted following the successful adoption of the rezoning bylaw and the signing of the Purchase and Sale Agreement.
Options
Option 1:
That Council give Road Closure Bylaw No. 1863, 2019 (Citation Rd) 1st, 2nd, and 3rd readings.
Direct Staff to withhold bringing Bylaw No. 1863, 2019 (Citation Rd) forward for adoption until Rezoning Bylaw No. 1853 has been adopted and the utilities within the proposed closed road have been moved or otherwise secured within a Statutory Right of Way.
Option 2:
- Take no action at this time with respect to the proposed road closure.
Respectfully submitted
Submitted by:
- James Oliver, D. Approving Officer
Concurrence:
- Adriana Proton, Manager of Legislative Services
- Matthew Baldwin, MCIP, RPP Director of Planning
- Chris Aubrey, Fire Chief - Signed by email
- Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
- Yari Nielson, Parks and Recreation
- Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
- Leah Stohmann, MCIP, RPP, Deputy Director of Planning
- Michael Dillabaugh, Director of Finance
- Braden Hutchins, Director of Corporate Services
:jo
CITY OF LANGFORD
ROAD CLOSURE BYLAW NO. 1863, 2019
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 of approximately 688m² (7406ft²), known as Citation Road (which was dedicated as highway by Strata Plan 1876) and is shown outlined in bold black on the reference plan prepared by Powell & Associates, B.C.L.S. on the ___th day of ______________, 2019, 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 and disposition 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:
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).
The City hereby authorizes the closure to traffic and removal of highway dedication of the 688m² (7406ft²) of highway (which was dedicated as highway at the Victoria Land Title Office by Strata Plan 1876), labelled “Closed Road” on the Road Closure Plan (the “Closed Road”).
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.
The Mayor and the Administrator of the City are authorized to execute all deeds of land, plans and other documentation necessary to affect this road closure and disposition.
Bylaw No. 1863
Page 2 of 3
- This Bylaw may be cited as “Road Closure Bylaw No. 1863, 2019” (Citation Road).
READ A FIRST TIME this __ day of September, 2019.
READ A SECOND TIME this __ day of September, 2019.
READ A THIRD TIME this __ day of September, 2019.
APPROVED BY THE MINISTRY OF TRANSPORTATION this ___th day of September, 2019
ADOPTED this __ day of September, 2019.
MAYOR
CORPORATE OFFICER
SCHEDULE “A” – Road Closure Plan
