HomeMy WebLinkAboutINS-13-111 - Surplus Lands and Closure - Laneway - Waterloo StreetStaff Rep►�►r
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REPORT TO: Committee of the Whole
DATE OF MEETING: November 25, 2013
SUBMITTED BY: Justin Readman, Director of Transportation Services
PREPARED BY: Danny Pimentel, Traffic Technologist
(519- 741 -2200 ext. 7371)
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: November 19, 2013
REPORT NO.: INS -13 -111
POTION OF UNAMED LANEWAY CLOSURE BETWEEN
SUBJECT: WATERLOO STREET AND DUKE STREET AND
DECLARED LANDS SURPLUS
RECOMMENDATIONS:
That the closure of a portion of an unnamed lane between Waterloo Street and Duke Street,
located between Wellington Street and Louisa Street, running a distance of 27 metres north
of Waterloo Street be approved in principle, and that those lands being closed be declared
surplus to the City's needs and that Legal Services be instructed to proceed with the
preparation of an Agreement of Purchase and Sale with the Owner of 62 Waterloo Street at
the purchase price of $1.00, preparation of a by -law and for the necessary advertising in the
local newspaper for the closing of the aforementioned lane. The lane closure is subject to
the following conditions:
1. That a reference plan be completed and deposited prior to the passing of the lane
closure by -law.
2. That all required easements be granted prior to the conveyance of the closed portion
of the lane; including an easement in favour of Rogers for underground and aerial
plant.
3. That the purchaser (62 Waterloo Street) be responsible for all of the costs related to
the closure, including but not limited to the reference plan, City legal fees,
registration and advertising associated with the closure of the laneway; and,
4. Road closing by -law enacted by Council.
And further, that the Mayor and Clerk be authorized to execute all necessary documentation
to effect these transactions, said documentation to be to the satisfaction of the City
Solicitor.
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BACKGROUND:
In February 2013, Transportation Services received a request from the homeowner of 62
Waterloo Street to purchase a portion of an unnamed Ianeway that runs parallel to both
Wellington Street North and Louisa Street, between Waterloo Street and Duke Street West. The
attached map displays the exact location of the lane that has been reviewed.
The City of Kitchener currently owns the above noted lane; however it has not been formally
used as a public thoroughfare for a number of years.
REPORT:
Transportation Services was contacted by the homeowner of 62 Waterloo Street in February
2013, with an inquiry to purchase a portion of the lane that runs parallel to the property. The
homeowner recently purchased this dwelling unit and was in the process of renovating portions
of the property. As a result the homeowner was attempting to obtain a building permit to
address concerns with the driveway and garage located at 62 Waterloo Street. Upon further
investigation, City staff discovered that the portion of the property the homeowner was inquiring
about was in fact City owned lands.
Transportation Services sent a notification letter, dated March 28, 2013, to all affected agencies
to identify any easements that may be required. Rogers has identified the need for an easement
as underground and aerial plants are located within the lane.
There are three (3) properties which border the portion of the lane considered for closure.
However it should be noted that at the present time, 62 Waterloo Street is occupying the entire
portion of the lane. Transportation Services issued a notification letter to the remaining two (2)
property owners, seeking their interest in purchasing a portion of the lane. City staff did not
receive any comments or concerns from those property owners.
As noted previously, 62 Waterloo Street currently occupies the entire lane that runs parallel to
the length of the property. The lane currently serves as a primary access for 62 Waterloo Street
as the driveway and garage are currently located within the lane. The abutting two (2) properties
do not have direct access to the lane and are accessible by the surrounding road network.
From a traffic perspective, this portion of the lane is not needed to serve local traffic. It is not
currently open and has not been for a number of years. The remaining portion of the lane is
accessible via Duke Street West save and except an obstruction or encroachment.
Transportation Services would have no concerns with the closure of that portion of the lane, in
the area of 62 Waterloo Street. (See attached Diagram)
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This initiative falls under the Community Priority of Quality of Life. "Work with partners, including
all orders of government, to create a culture of safety in our community."
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FINANCIAL IMPLICATIONS:
Closure of the lane and any costs associated to the closure would be borne by the homeowner
of 62 Waterloo Street. These costs will be approximately $2500.00 inclusive of all associated
fees. While The City would not incur revenue as a result of the lane closure, it would see an
increase in property taxes to 62 Waterloo Street if the portion of lands were conveyed.
COMMUNICATIONS:
City staff has been in continuous contact with representatives acting on behalf of 62 Waterloo
Street, including various letter and phone conversations. Adjacent properties and affected
agencies have been circulated and comments have been considered in this report.
Pauline Houston, Deputy CAO
ACKNOWLEDGED BY: Infrastructure Services Department
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