Bylaw 13561
Closure of a portion of 23 Avenue, located at 23 Avenue and
Hector Road, Haddow
______
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:
All that portion of road, generally as shown on Schedule "A" described as follows:
SE ¼3-52-25-4
All that portion of Government Road Allowance (23 Avenue) contained within the limits of Lot 40, Block 15, Plan 032______, as surveyed by John M. Byrne A.L.S.
Containing ______Hectares
EXCEPTING THEREOUT ALL MINES AND MINERALS
IS HEREBY CLOSED.
2/3
- 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. 2004;
READ a second time thisday of, A.D. 2004;
READ a third time thisday of, A.D. 2004;
SIGNED and PASSED thisday of, A.D. 2004.
THE CITY OF EDMONTON
______
MAYOR
______CITY CLERK
3/3
SCHEDULE “A”
BYLAW*
FILE: LC/03-0023
HADDOW
DESCRIPTION:PROPOSED CLOSURE of a portion of 23 Avenue; HADDOW
LOCATION:23 Avenue, west of Hector Road
APPLICANT:Scheffer Andrew Ltd.
14505 – 123 Avenue
Edmonton AB T5L 2Y6
BENEFICIAL
OWNER:College Woods Development Inc.
ACCEPTANCE OF
APPLICATION:July 25, 2003
______
PLANNING AND
DEVELOPMENT
DEPARTMENT’S
RECOMMENDATION:That Bylaw13561 to close a portion of 23 Avenue west of Hector Road be APPROVED.
1
BYLAW*
FILE: LC/03-0023
HADDOW
DISCUSSION
1.The Application
The application is to close a portion of 23AvenueNW immediately east of the Transportation and Utility Corridor (TUC). Once closed, this area would be consolidated with a remnant parcel to the north to create a single detached residential lot.
2.Site and Surrounding Area
West of the school/park site in the centre of the Haddow neighbourhood, residential subdivisions have been approved that will see the existing rural-standard 23Avenue converted into a local urban-standard roadway called Hector Road. Approximately 260m west of the school/park site, Hector Road will curve to the northwest into a subdivision developed by College Woods Development Inc.
The proposed road closure area, which is approximately 326 m2 in size, is part of a road stub between this curve of Hector Road and the eastern edge of the TUC. Within the TUC, the Government of Alberta is currently building the southwest portion of Anthony Henday Drive, scheduled for completion in 2006.
ANALYSIS
1.Transportation and Utilities
This road closure is required to complete urban development in this portion of the Haddow neighbourhood. The approved subdivision immediately north of the road closure area was designed with a remnant parcel intended to be consolidated with a portion of the 23Avenue right-of-way to create a single detached residential lot.
Alberta Infrastructure has requested a 6m wide access for maintenance and other vehicles occasionally needing to enter the TUC. Accordingly, the road closure area has been delineated such that a right-of-way 6m wide at its narrowest would be retained south of the road closure area to provide pedestrian and restricted vehicle access into the TUC.
The right-of-way being retained would also provide road access to a triangular-shaped residential lot to the south.
1
BYLAW*
FILE: LC/03-0023
HADDOW
No affected utility agency or City department objects to the proposed closure. The Transportation and Streets Department requires that the beneficial owner construct a 1.5m wide walkway, landscaping and fencing in the portion of the 23Avenue right-of-way not being closed. This work will be implemented through a servicing agreement for the final stage of the College Woods Development Inc. subdivision, and has been planned to accommodate a future driveway connecting the triangular lot to Hector Road.
2.Disposition
The Manager of the Land and Buildings Branch, Asset Management and Public Works Department approved a sales agreement between the City of Edmonton and College Woods Development Inc.on November 20, 2003. The sales agreement has a completion date of March 1, 2004, subject to the approval of the closure bylaw by City Council. Once legally closed, the land would be consolidated with the adjacent parcel to the north.
3.Surrounding Property Owners’ Concerns
A representative of the owner of the triangular lot south of the road closure area contacted the Planning and Development Department in response to a mailed letter of notification. After Planning and Development provided the relevant information regarding servicing costs that would be applicable to the property in part as a result of the road closure, she wrote a letter dated November 14, 2003 stating that she had no objection to the closure.
JUSTIFICATION
The Planning and Development Department recommends that Bylaw13561 be APPROVED as the proposed closure area is not required for transportation purposes, helps complete urban development in the west-central portion of the Haddow neighbourhood, meets the technical requirements of affected departments and agencies and retains access for the triangular lot to the south.
ATTACHMENT
2aMaps
Written by: Erik Backstrom
Approved by: Phillip Arendt
Planning and Development Department
December 10, 2003
1
BYLAW*
FILE: LC/03-0023
HADDOW
ATTACHMENT 2a
13561_Att2a.pdf
1
BYLAW*
FILE: LC/03-0023
HADDOW
2
13561_pg2.pdf
1