Closure of Walkway at Lot 27U, Block 13, Plan 1742 NY;
Bylaw 12971
Closure of walkway at Lot 27U, Block 13, Plan 1742 NY;
located at 92A Avenue and 87 Street; Strathearn
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WHEREAS the Municipal Council of the City of Edmonton may pass a Bylaw for the purpose of closing any road provided that the bylaw is advertised and any person who claims to be affected prejudicially by the bylaw, or their agent, has been given an opportunity of being heard by City Council in relation to the proposed Bylaw; and
WHEREAS City Council has considered the proposed closing and has agreed that it is in the public interest to pass this Bylaw;
NOW THEREFORE the Municipal Council of the City of Edmonton, duly assembled, enacts as follows:
1.All that portion of road, generally as shown on Schedule "A" described as follows:
Plan 1742 NY
Block 13
All of Lot 27U in the said Block and Plan
EXCEPTING THEREOUT ALL MINES AND MINERALS
IS HEREBY CLOSED.
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- When title or titles are created for the former portion of road as described in Section 1 of this Bylaw, it is understood and agreed that such title or titles for the former portion of road may be issued excepting Mines and Minerals, the City however, reserving the right to the said Mines and Minerals if in fact the City is the owner thereof.
READ a first time thisday of , A.D. 2002;
READ a second time thisday of, A.D. 2002;
READ a third time thisday of, A.D. 2002;
SIGNED and PASSED thisday of, A.D. 2002.
THE CITY OF EDMONTON
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MAYOR
______CITY CLERK
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SCHEDULE “A”
ATTACHMENT 2
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DESCRIPTION:PROPOSED CLOSURE of a walkway located south of 92AAvenue at 87 Street, on Lot 27U, Block 13, Plan 1742NY; STRATHEARN
LOCATION:South of 92A Avenue at 87 Street
APPLICANT:Asset Management and Public Works Department
City of Edmonton
OWNER:City of Edmonton
ACCEPTANCE OF
APPLICATION:December 24, 2001
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PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:That Bylaw12971 to close a walkway located south of 92AAvenue at 87 Streetbe APPROVED.
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DISCUSSION
1.The Application
This is an application to close a walkway that occupies a public utility lot (Lot 27 PUL). Lot 27 PUL currently contains above ground power, telephone, and cable TV infrastructure and is developed with a hard surfaced walk.
In its consideration of an inquiry by the abutting owner (of Lot 36) to acquire Lot 27 PUL, the Transportation and Streets Department sent notice of the proposal to the surrounding property owners and the Strathearn Community League in May 2001. When no objections were received in response to the notice, the Department advised the abutting owner that it could support a closure application. The abutting owner then approached the Asset Management and Public Works Department regarding a possible closure and the Department subsequently submitted the closure application.
The abutting Lot 36 is currently undeveloped. The purpose of acquiring Lot 27 PUL and consolidating it with Lot 36 is to accommodate the development of a new single detached house with an expanded building envelope.
2.Site and Surrounding Area
Lot 27 PUL is located within the Strathearn Neighbourhood at the southern terminus of 87 Street and connects the street to the east-west lane south of 92A Avenue, which in turn connects to Connors Road. The lots abutting Lot 27 PUL are zoned RF1. A single detached house occupies the abutting lot to the east and the abutting lot to the west is undeveloped.
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View of Lot 27 PUL looking north toward 87 Street and 92A Avenue. The utility poles are located along the centre line of Lot 27 PUL and the hard surfaced walk is aligned with the boulevard walk further north along 87 Street,
View of Lot 27 PUL looking south from 87 Street and 92A Avenue.
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ANALYSIS
1.Compliance with Approved Plans
Objective 5.9.A of the Southeast Area Plan is,
“To ensure that the transportation systems support the southeast communities circulation requirements.”
The Transportation and Streets Department is of the view that the walkway on Lot 27 PUL is not a significant linkage and that pedestrian and cyclist traffic can be adequately accommodated on the existing local sidewalks and roadways.
2.Transportation
The Transportation and Streets Department has no outstanding concerns regarding this application.
- Utilities
EPCOR Distribution, TELUS Communications Inc., and Shaw Cable have above ground facilities along the centerline of Lot 27 PUL and require their protection by easement.
- Disposition
A conditional sales agreement for the proposed closure area was approved on November20,2001. If closed, Lot 27 PUL will be consolidated with the abutting Lot 36, an easement will registered on the property in favour of EPCOR, Telus, and Shaw Cable, and the physical walk will be removed at the expense of the owner of Lot 36.
5Surrounding Property Owners’ Concerns
Fifty-seven area property owners and the Strathearn Community League were provided notice of the proposed closure on two occasions; once by the Transportation and Street Department (May 2001), and most recently by the Planning and Development Department (January 2002). No objections were received in response to the first notice, but four homeowners did register an objection to the closure in response to the second notice by the Planning and Development Department. It is unclear why these owners did not register their objections in response to the previous notice provided by the Transportation and Streets Department. All of the objectors live nearby (two on Connors Road and two on 92A Avenue) and they indicated that the closure of the walkway would be an inconvenience to local pedestrians and cyclists. The Transportation and Streets Department maintains the view that the walkway is not required as 92A Avenue serves as
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an adequate alternative connection between 87 Street and Connors Road to accommodate pedestrian and cyclists.
Due to the four objections, the Planning and Development Department received in response to its notice, the Department contacted the Strathearn Community League directly by telephone. The Strathearn Community League President confirmed that the Community League had reviewed the proposed closure and had no concerns.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw12971 be APPROVED as the proposed closure of the walkway meets the technical requirements of the affected City Departments and utility agencies, and the community at large generally does not have any concern related to the closure.
ATTACHMENT
2aMaps
Written by: Susan Chychota
Approved by: Larry Benowski
Planning and Development Department
February 4, 2002
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ATTACHMENT 2a
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