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HomeMy WebLinkAboutDTS-06-038 - Unnamed Laneway Between #136 & #140 Weber St W1 Kd LR Development& Technical Services 6 REPORT Report To: Development &Technical Services Committee Date of Meeting: March 27, 2006 Submitted By: John McBride, Director of Transportation Planning Prepared By: Dennis Lopes, Traffic Technologist (741 -2369) Ward(s) Involved: Bridgeport — Centre Ward (1) Date of Report: February 16, 2006 Report No.: DTS 06 -038 Subject: Unnamed Laneway Between #136 & #140 Weber Street West RECOMMENDATIONS: That the closure of a portion of the unnamed lane between #136 and #140 Weber Street West that runs from a point 77.5 metres north of Weber Street West to a point 20 metres north thereof be approved in principle, and that Legal Services be instructed to proceed with the preparation of a by -law to close the lane and the necessary advertising in the local newspaper, subject to the following conditions: 1. That the purchaser, being the registered owner of the property municipally known as 130 Weber Street West, enter into an Agreement of Purchase and Sale with the City of Kitchener, satisfactory to the City Solicitor, to purchase part of the unnamed lane for $1.00. 2. That a reference plan to describe the above land be prepared and submitted to Legal Services for approved prior to it being deposited on title in advance of the preparation of the lane closure by -law. 3. That the purchaser be responsible for all of the costs related to survey, legal registration, advertising and Legal Services administration fee associated with the closure of the lane. 4. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey this part of the unnamed lane to the registered owner of the property municipally known as 130 Weber Street West. BACKGROUND: Transportation Planning received a request to review an unnamed lane that runs from Weber Street West to a point 97.5 metres north thereof between #136 and #140 Weber Street West and through the rear lands at 130 Weber Street West. The purpose of the request is to close that portion of the unnamed lane that bisects the rear yard at 130 Weber Street West to enable the owner to consolidate its property and erect a fence to enclose the rear yard of its property. REPORT: In April of 2005, the owner of #130 Weber Street West approached the City of Kitchener with a proposal to close and purchase a portion of the unnamed lane between #136 and #140 Weber Street West that directly abuts their property, with the intent to provide a safe and secure fenced area for its' tenants occupying the building at #130 Weber Street West. The City of Kitchener currently owns the laneway, however it hasn't been formally used as a public thoroughfare for a number of years. The laneway is used as an access for #140 Weber Street West and as an alternative access for #136 Weber Street West. However, the portion of the laneway under review only serves as a secondary access to #130 Weber Street West which already has a direct access to Breithaupt Street (see attached overview map). As part of the laneway closure review, Transportation Planning circulated a copy of the application for road closure to internal departments, Region of Waterloo and outside utilities to determine easement requirements and comments. Comments were received from two (2) agencies that received the package and responded by the deadline date of November 25, 2005. The following comments were received: City of Kitchener Planning Division: Planning Division has no objections to the lane closure, however, if it's the applicant's intention to use the property north of the proposed lane closure for parking accessory to an industrial use, the use would not be in conformity with the City's Zoning By -law. A zone change would be required to utilize the aforementioned property as a parking facility for any non - residential use. The applicant has been made aware of the zoning change needed if the property is to be used as a parking facility for any non - residential use. City of Kitchener Operations Services: Operations Services will be impacted by the closure of this section of the laneway as snow clearing /removal services push the snow to the end of the laneway and store the snow at the end. With the closure of that section of the laneway Operations Services will be required to load and remove the snow from the laneway as a storage area will no longer be present. Operations staff may be required to dedicate more time in these areas, possibly impacting their budget. Additionally, no easements will be required for the section of the laneway proposed to be closed. Transportation Planning has been in contact with the abutting property owners to determine if there would be interest in the lands, further to the interest shown by the owner of #130 Weber Street West. There was no interest to purchase the laneway by other abutting property owners. Therefore, in order to address the concerns indicated by the owners of #130 Weber Street West, Transportation Planning is recommending the closure of that part of the unnamed lane between #136 and #140 Weber Street West from a point 77.5 metres north of Weber Street West to a point 20 metres north thereof (as indicated in the attached overview map). If Council approves the closure, the City's Legal Services Division will prepare the necessary documentation to effect the transaction. 14 FINANCIAL IMPLICATIONS: The closure and ownership transfer of the unnamed lane between #136 and #140 Weber Street West from a point 77.5 metres north of Weber Street West to a point 20 metres north thereof will incur no additional costs to the City. However, the closure of this section of the laneway could result in Operations' snow clearing costs increasing by approximately $3,000 per year ($2,000 existing to $5,000 proposed). John McBride, Director Transportation Planning Dennis Lopes, Traffic Technologist Transportation Planning DL Attach. 3 Ken Carmichael, C.E.T. Supervisor of Traffic & Parking 1 Kj aR UNNAMED LANEWAY ,°„�,'°;Se�;e, WEBER STREET WEST