HomeMy WebLinkAboutFCS-13-035 - Surplus Lands & Transfer to Region - Bloomingdale Rd Widening
REPORT TO:
Committee of the Whole
DATE OF MEETING:
March 25, 2013
SUBMITTED BY:
Steve Ross, Ext. 7266
PREPARED BY: Steve Ross, Ext. 7266
WARD(S) INVOLVED:
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DATE OF REPORT:
March 11, 2013
REPORT NO.: FCS-13-035
SUBJECT: Declare Surplus and Transfer to Region Portion of Free
Church Cemetery and Bridgeport Cemetery for Road
Widening of Bloomingdale Road
RECOMMENDATION: RECOMMENDATION:
That part of the Free Church Cemetery and Bridgeport Cemetery lands along the
frontage of Bloomingdale Road, to a depth of 1.2 metres more or less, being Part 9 on
Reference Plan 58R-17403(the “Subject Lands”) be declared surplus to the City’s
needs;
That the Subject Lands be transferred to the Region of Waterloo for nominal
consideration on terms and conditions satisfactory to the City Solicitor, including
conditional upon:
Completion of an Archaeological Assessment by a professional archaeologist
and submitted on behalf of the Region of Waterloo to the City and the Ministry of
Consumer Services; and
acceptance and approval by the Ministry of Consumer Services of an application
to remove the Subject Lands from the Free Church Cemetery and Bridgeport
Cemetery Lands;
And further, that Legal Services be instructed to proceed with the preparation of all
documentation required to remove the Subject Lands from the cemeteries and the
transfer of the Subject lands to the Region of Waterloo;
That all costs associated with the closing and sale of the Subject Lands are to be borne
by the Region of Waterloo;
That the Mayor and Clerk be authorized to execute any further documentation required
by the Region or Ministry of Consumer Services in this regard required by and to the
satisfaction of the City Solicitor; and
That the Manager of Cemeteries be authorized and directed to execute the application
to the Ministry of Consumer Services and related documents.
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EXECUTIVE SUMMARY:
N/A
REPORT:
In two years, the Region of Waterloo is undertaking a road widening and sidewalk installation
project on Bloomingdale Road, adjacent to the Free Church Cemetery and Bridgeport
Cemetery. The sidewalk installation requires lands from both the Bridgeport and adjacent
Free Church Cemetery. The Ministry of Consumer Services (“MCS) requires a lengthy and
significant application procedure to remove the road widening lands from the cemeteries due
to the solemnity of the subject matter.
One key step in the application process is the submission of an archaeological assessment.
Region and City staff are working together with MCS to determine and satisfy the
requirements. Even though neither the City cemetery, nor the adjacent cemetery, disclose the
burial of remains within the proposed road widening , bore holes and archaeological trenches
must be dug to prove same, prior to the removal of the Subject Lands from the cemetery.
The Subject Lands are considered to have little value, due to the abutting use as a cemetery
this meaning the Subject Lands have little development potential.
The Free Church Cemetery and Bridgeport Cemetery are designated for heritage purposes.
Leon Bensanson and Chris Mahood have undertaken a preliminary review of the proposal and
do not see the road widening and construction of the sidewalk as compromising the Heritage
attributes of the cemetery. Heritage staff will be bringing a report to the heritage committee,
and to council, under an abbreviated process, to amend the property legal description that
forms part of the heritage by-law. Heritage staff will commence this process provided the
archaeological assessment comes back negative.
Only after the completion of the archaeological assessment and the acceptance of the
application to the MCS would the City be in a position to transfer the Subject Lands to the
Region of Waterloo.
FINANCIAL IMPLICATIONS:
None. The Region of Waterloo will pay all closing costs.
COMMUNICATIONS:
The Region will carry out any public process required as part of the application to MCS.
CONCLUSION:
Staff recommends that Council agree to transfer the lands to the Region, subject to the
aforementioned conditions on terms satisfactory to the City Solicitor.
ACKNOWLEDGED BY: Dan Chapman, Deputy CAO
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