CITY OF LANGFORD
SUPPLEMENTARY AGENDA
nd
Monday, April 2 , 2012
1.
REPORTS
a) Road Closure and Disposition of a Portion of Brock Avenue
- Staff Report (File No. 3900-1375)
2.
BYLAWS
a)
BYLAW NO. 1375 (File No. 3900-1375)
"Brock Avenue Road Closure Bylaw No. 1375."
(FIRST, SECOND AND THIRD READING)
City of Langford
www. city of la ngford. ca
Staff Report
to
Council
Date:
April 2,2012
Application No.:
3900-20 Bylaw No. 1375
Subject:
Bylaw 1375, Road Closure and Disposition of a Portion of Brock Avenue
Background
Happy Valley Homes LTD in conjunction with the City of Langford is requesting a road closure and
2
disposition of a portion (1928 m ) of Brock Avenue for the purpose of subdividing to create 6 new single
family residential lots.
Commentary
See Figure 1 for an aerial photograph of the land in question. 969 Brock and the adjacent cul-de-sac
(Brock Avenue) to the east are the specific areas considered in this report and closure.
2nd Floor • 877 Goldstream Avenue • Langford, BC Canada • V9B 2X8
T • 250-478-7882 F • 250-478-7864
Figure 2. Proposed Road Closure Area and Legal Plan
The existing Brock Ave cul-de-sac fronts several properties, which are affected by the proposed road
closure. These six properties are: 960 & 950 Brock Avenue (both currently access off Brock AMI), and;
2670,2666,2662, and 2658 Secretariat Way that have legal road frontage from the Trans-Canada
Highway and no practical access yet developed (practical access would like occur through new road that
connected to the future McCallum/Brock Connector).
Several utilities and drainage channels are contained within the road closure area. The following is to
occur as a result of the road closure: .
1.
The existing sanitary sewer right-of-way located on 969 Brock needs to be extended to the new
right of way that will be defined by the proposed road closure
2.
The outlet channel from Florence Lake that is partially enclosed will require a right of way from
the Trans-Canada Highway through to the new portion of Brock Ave. This channel is currently
located largely in road right-of-way
Financial Implications
A purchase and sale agreement has been drafted, and outlines the nature of the cost-share proportion
between Happy Valley Homes and the City. The road closure and use of 969 Brock (currently owned by
Happy Valley Homes) will enable a total of 5 new lots (6 lots total) to be created. Roughly proportioned,
this allows for a 50-50 split between the development partners, as detailed through the Purchase and
Sales Agreement (see Figure 4 for lot layout).
Figure 4. Legal Survey
The Purchase and Sales Agreement has been reviewed by Municipal staff, and is being presented to
Council concurrent with the Bylaw brought forward for 1st, 2nd and 3rd reading in consideration of the
road closure.
2
Based on an assessment of neighbouring lands, the value of the closed road is $325,832.00 for 1928 m
of closed road. The portion which benefits the Happy Valley Homes LTD is 326m , with the remainder
being for the City's use.
2
Legal Implications
Brock Ave, as it fronts 969 Brock contains a portion of roadway that was established through the
Gazette process. The Gazette process is a procedure that the Ministry of Transportation and
Infrastructure used to undertake prior to the mid 1980's to secure roadway. The Gazette process placed
a notice on the land which stated the Ministry's intention to use that land as roadway. T h * process was
used m lieu of expropriation. This portion of land remains under Gazette notice. As such the Gazette
process needs to be completed prior to the City closing that portion of roadway. To omplete the
Gazette process, the developers are required to complete a survey of the portion of land that is formally
Gazette for Road" and the municipality must submit a Form 12 for consideration by the M listry.
Staff has concluded discussions with the Ministry, and the Gazette process has been completed
allowing Council to proceed with considering the road closure Bylaw and giving readings to I hat Bylaw. '
Steps remaining for consideration for this road closure are as follows:
1.
Staff to bring to Council, Road Closure bylaw (Bylaw 1375) for 1st, 2nd, and 3rd reading in a
report to Council
2.
Post public notice as prescribed in the Local Government Act (posting in a local r-wspaper for
two consecutive weeks)
3.
Staff to bring to Council a report for adoption so that Council can consider and give 4th reading
to the Road Closure Bylaw for Brock Ave.
Options
OPTION 1
That Council:
1. Give first and second reading to Bylaw No. 1375 for the Road Closure and Disposition of a Portion of
Brock Avenue;
OR
OPTION 2
2. Take no action at this time with respect to the Closure and Disposition of a Portion of Brcx:k Avenue.
Respectfully submitted,
Mike Leskiw, MA
Parks Manager
:kmc
CITY OF LANGFORD
ROAD CLOSURE BYLAW NO. 1375, 2011
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 those portions of highway comprising
approximately 1928.2 square metres known as Brock Avenue dedicated as highway
by Plans 6252, 6637, and 7689 and by Form 12 accompanying EPP17240 that are
shown outlined in bold black on the sketch plan prepared by James Worton B.C.L.S.,
a reduced copy of which is attached hereto as Schedule "A" (the "Road Closure
Plan");
AND WHEREAS Council wishes to dispose a portion of the closed highway to
Happy Valley Homes Ltd. (Inc. No. BC0815633) for the purpose of creating a
residential subdivision as shown on the subdivision plan prepared by James Worton
B.C.L.S., on the 3 1 day of August 2011, a reduced copy of which is attached hereto
as Schedule "B" (the "Proposed Subdivision") with the intention that the Happy
Valley Homes Ltd. will own new lots 1, 2, and 3 of the Proposed Subdivision, and the
City will own new lots 4, 5, and 6 of the Proposed Subdivision;
s t
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:
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 1928.2 square metre portion of highway (which was
dedicated as highway at the Victoria Land Title Office by Plans 6252, 6637,
and 7689 and Form 12 accompanying Plan EPP17240).
Road Closure Bylaw 1375, 2011
l uge 2 of 4
3.
On deposit of the Road Closure Plan and all other documentation lor 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 City of Langford is hereby authorized to dispose of and convey that
325.8 square metre portion of the Closed Road within new lots 1, 2, and 3 as
shown on the Proposed Subdivision (attached hereto as Schedule "B" i in fee
simple to Happy Valley Homes Ltd., on the conditions that:
(a) that portion of the Closed Road is consolidated with the adjacent parcel
owned by Happy Valley Homes Ltd. legally described as PID: 005-688-612,
Lot 4, Section 5, Esquimau District, Plan 7689, Except part in Plans 990 RW,
VIP61905 and VIP63016 (the "Adjacent Parcel");
(b) the Closed Road and the Adjacent Parcel are subdivided as shown on the
"Proposed Subdivision" (attached hereto as Schedule "B"), including the
transfer of a 176.9 square metre portion of the Adjacent Parcel from Happy
Valley Road Ltd. to the City to result in the ownership of new lots 1, 2, and 3
by Happy Valley Homes Ltd. and the ownership of new lots 4, 5, and 6 by the
City; and
(c) Happy Valley Homes Ltd. performs culvert and retaining wall design and
construction work prior to subdivision registration for those portions of the
Closed Road, having a value of $18,377, and as necessary to complete the
subdivision.
5.
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.
6.
This Bylaw may be cited as "Brock Avenue Road Closure Bylaw No. 1 :*75".
READ A FIRST TIME this
day of
, 2012.
READ A SECOND TIME this
day of
, 2012.
READ A THIRD TIME this
day of
, 2012.
APPROVED BY THE MINISTER OF TRANSPORTATION, this
, 2012 (Approval No.
)
ADOPTED this
Mayor
day of
2012.
Administrator
day of
SCHEDULE "A" - Road Closure Plan
Road Closure Bylaw 1375, 2011
Page 4 of 4
SCHEDULE " B " - Proposed Subdivision
BC Land Surveyor's Sketch Plan
of Proposed Road Closure o f
Parts of Brock Avenue