Bylaw No. 2133 – Road Closure Bylaw (a portion of Desmond Drive), 2023

Staff Report to Council

DATE: Tuesday, November 28, 2023
DEPARTMENT: Administration
SUBJECT: Desmond Drive – Road Closure and Park Dedication

BACKGROUND:

Council, at their regular meeting of November 20th, 2023, passed the following resolution with respect to the Road Closure Bylaw No. 2133 for Desmond Road.

THAT Council:

1. Give Bylaw No. 2133 first, second and third readings. AND
   Authorize Mayor and CAO to enter into license agreements with the utility companies to permit them to occupy and maintain their existing infrastructure in the Park Dedication; AND
   Direct staff to post a public notice as prescribed in the Community Charter prior to bylaw adoption; AND
   Authorize the Mayor and CAO or Corporate Officer to execute all documents necessary to complete the road closure and park dedication.

COMMENTARY:

A road closure bylaw, such as Bylaw No. 2133, is not required to be the subject of a Public Hearing prior to bylaw adoption. Council provided the pubic an opportunity to speak to this Bylaw during Public Participation at the regular meeting of November 20th, 2023. Comments from the public indicated strong support for this initiative.

Notices were placed as required by the Community Charter, and staff are recommending that Council adopt the bylaw.

OPTIONS:

Option 1
THAT Council adopt Bylaw No. 2133.

OR Option 2
THAT Council does not adopt Bylaw No. 2133 at this time.

SUBMITTED BY:

Wolfgang Schoenefuhs, Parks Planning Coordinator

Concurrence:
Yari Nielsen, Director of Parks, Recreation and Facilities

Concurrence:
Donna Petrie, Senior Manager of Communications & Economic Development

Concurrence:
Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision

Concurrence:
Katelyn Balzer, P.Eng., Director of Engineering and Public Works

Concurrence:
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:
Marie Watmough, Deputy Director of Corporate Services

Concurrence: Braden Hutchins, Director of Corporate Services

Concurrence:
Darren Kiedyk, Chief Administrative Officer

CITY OF LANGFORD

ROAD CLOSURE BYLAW NO. 2133, 2023

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 that portion of highway comprising a total of approximately 0.385 ha known as Desmond Drive which was dedicated as highway by Plan VIP67850 and is shown outlined in a bold black line on reference plan of Closed Road EPP130990 prepared Minda C. Riley, BCLS 810, 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 0.385 ha of highway which were dedicated as highway (which was dedicated by Plan EPP130989) and labelled “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.

5. This Bylaw may be cited as “Road Closure Bylaw No. 2133 (a portion of Desmond Drive), 2023”.

READ A FIRST TIME this 20th day of November, 2023.
READ A SECOND TIME this 20th day of November, 2023.
READ A THIRD TIME this 20th day of November, 2023.
ADOPTED this day of 2023.

PRESIDING COUNCIL MEMBER

CORPORATE OFFICER

SCHEDULE “A” – Road Closure Plan