DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Mavis Urquhart, Senior Planner

Markham Centre Team

Simon Hung

Development Engineer, Markham Centre Team

 

 

 

 

DATE OF MEETING:

January 20, 2004

 

 

 

 

SUBJECT:

Potential Surplus Property

Lunar Crescent

MI 482

 

 

 


 

RECOMMENDATION:

That the lands at the south end of Lunar Crescent as shown on Figure 2, remain in public ownership.

 

And that the Operations and Asset Management Department staff be authorized to undertake the permanent final works for the closure of Lunar Crescent from funds collected from abutting landowners.

 

PURPOSE:

To review the options respecting the future use of the lands at the south end of Lunar Crescent, south of the erected barricade (see Figures 1 and 2- Location Plan and Aerial Photo).

 

BACKGROUND:

On June 26, 2001, Council received a report on the closure of the south end of Lunar Crescent, adjacent to Highway 7. Council directed that:

 

 

On June 17, 2002, Finance & Administration Committee received a report from the Manager of Real Property respecting these lands. The report recommended that:

 

 

The Committee received the report and directed that this matter be deferred and that the Acting Commissioner of Development Services and the Manager of Real Property be requested to prepare a report outlining further options available. This report addresses that request.

 

OPTIONS/DISCUSSION:

Property Description

The property is the southerly portion of the Right of Way for Lunar Crescent, with a small portion of a turning circle located at the northerly end of the Burger King property, as shown on Figure 3 (attached). The roadway is approximately 65 metres in depth, varying in width with a total area of approximately 1,500 square metres. The roadway has been permanently blocked off just south of the existing residential properties at 44 Hughson Drive and 15 Lunar Crescent. Council directed the closure of the road on June 26, 2001, and that has been completed physically through the erection of a barricade. There are funds available for landscaping treatment of the strip of land on which the barricade is located that was collected from the two adjoining commercial property owners.

 

The lands are Split-Zoned

The lands are split into two zones. The westerly portion is zoned Business Corridor (B.C.) Zone by By-law 165-80, as amended by By-law 2001-165 and the easterly portion is subject to land use By-law 1507 (See Area Context map – Figure 3). Both zones permit a wide range of commercial uses. It should be noted, however, that the parcel is not of sufficient size to be viable on its own and so these lands would have to be added to an adjoining parcel(s) to comply with the zoning by-law requirements.

 

There are 3 options for future use of the subject lands

There are 3 options for the future use/disposal of these lands: to sell, lease or retain them. The following is a brief analysis and discussion of the factors influencing selection of the preferred option.

 

Sale or Lease of the Lands is not recommended

Sale or lease of the lands to abutting landowners would relieve the Town from maintaining this portion of road (i.e. snowploughing, repair, cleaning) in the estimated amount of $350.00  annually. The potential sale/lease of the lands is significantly constrained, however, because:

 

·        in the case of Burger King, Lunar Crescent is the only public road access. Similarly, access to the signalized intersection at Lunar Crescent and Highway 7 enables left turn movements to be made onto Highway 7 from the plaza to the east. Prior to offering the subject lands for sale the Town would have to ensure alternative access for these developments, possibly through cross easements that may hinder the lands potential use.

 

·        the lands constitute the existing Lunar Crescent right of way (see Figure 2) and so their use is limited by the services and utilities located there. Municipal Services, (including storm, sanitary, water services), are located under the road pavement and construction is not permitted over them. Also, there are underground utilities, as well as a fire hydrant and hydro poles within the boulevards. This existing infrastructure would significantly limit development potential.

 

·        sale of the lands may result in proposals not suitable to this location. While limited uses, such as more parking, or a patio addition to the Burger King restaurant may be an option over the below ground infrastructure, they are not regarded as desirable in this prominent location, exposed to Highway 7.

 

The main benefit to the municipality of selling or leasing the lands would be potential financial gain and the opportunity to eliminate some maintenance costs. However, given the limited size and identified constraints, these lands would likely have limited market value at this time and maintenance costs are insignificant.

 

Retention is recommended

Retention of the lands located south of the barricade in public ownership is desirable to ensure:

·        protection of opportunities for possible longterm future redevelopment and consolidation of properties along the Highway 7 frontage, utilizing this signalized intersection, particularly in consideration of plans for intensification and transit along this corridor;

·        the adjoining landowner to the west who has contributed to the signalization costs will want to continue to benefit from access to this signalized intersection; and,

·        both adjoining properties (to the east and west) can continue to make full turn movements via the lighted intersection to Highway 7 without which these traffic movements would be constrained.

 

FINANCIAL CONSIDERATIONS:

Minor costs associated with the maintenance of a portion of a road right of way.

 

BUSINESS UNITS CONSULTED AND AFFECTED

Manager of Real Property and Operations and Asset Management staff have been consulted on this matter.

 

CONCLUSION

Based upon this analysis, the advantages of retaining the lands at this time outweigh the disadvantages and so the preferred option is to retain the property. Subject to Council’s concurrence with the recommendations, the Operations and Asset Management Staff will complete the final works for closure with funds collected from the abutting landowners.

 

 

 

 

 

 

___________________________________

 

 

 

___________________________________

Alan Brown, C.E.T.

Director of Engineering

 

 

 

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

 

 

 

 

 


Figure 1

 

DOCUMENT #:Q:\Development\Planning\MISC\MI482\Lunar Crescent ROW.doc

 

 

ATTACHMENTS:

Figure 1-          Location Plan

Figure 2            Aerial Photo

Figure 3            Area Context Map

 

APPLICANT/AGENT:          N/A

 

LOCATION PLAN: