RECOMMENDATION:
That the staff report dated October
4, 2004 entitled “Disposition of a portion of the existing temporary Markham
By-pass through the Cornell Community” be received;
And that, once the parallel section of the permanent Markham By-pass is
dedicated and operational by the Region of York, staff be authorized to
initiate the following actions for the portion of the existing temporary
Markham By-pass identified on Figure 1 to the staff report:
- Enactment of a by-law to stop up and close the
subject portion of the existing temporary Markham By-pass.
- Declaration of
the section to be transferred to the adjacent land owner(s) and developed
for residential or other purposes to be surplus pursuant to Town of Markham By-law 178-96, and the transfer of this
section at a nominal fee to the adjacent land owner(s).
- Giving of notice of the proposed disposition of the surplus
section, as required by Town of Markham By-law 178-96.
- Incorporation
of the stopped up and closed section to be retained by the Town into the
proposed community park. The land area of this section shall be counted
towards the developers group’s contribution towards the community parkland
dedication.
PURPOSE:
The purpose of this report is to recommend the disposition
of the surplus portion of the existing temporary Markham By-pass through the
Cornell Community.
OPTIONS/DISCUSSION:
The original area specific development charge
for the Cornell community includes a $1.8 million component representing approximately
40% of the overall cost of the construction of the existing temporary Markham
By-pass. This arrangement was
negotiated with the Ontario Realty Corporation and the Law Development Group,
then confirmed with the current owners of the Cornell lands, on the
understanding that once the permanent Markham By-pass has been completed , the right-of-way and the roadway of the
temporary Markham By-pass will be integrated into future plans of subdivision.
As shown on Figure 1, attached, the latest
version of the Open Space Master Plan for the Cornell Community incorporates a
significant portion of the right-of-way of the existing temporary Markham
By-pass into a large community park and has to be relocated including new
right-of-way by the developers at no cost to the Town.
The Cornell Developers Group has advised (see
letter attached as Appendix 1) that they will not object to having the $1.8
million component for the existing temporary Markham By-pass continue to be
included in the Area Specific Development Charge for the Cornell community,
provided that the portion no longer required for roadway purposes is treated as
follows:
- That the section to be developed for residential or other purposes
in accordance with the community design plan is transferred at no cost to
the adjacent land owner in return for providing the replacement
right-of-way.
- That the section to be incorporated into the proposed community
park will be retained by the Town and counted as contribution towards the
community parkland dedication obligation of the developers group because
the Group will be providing the replacement right-of-way.
This request from the Developers Group is fair
and reasonable and is supported by staff.
The closing up and conveyance of this portion
of the existing temporary Markham By-pass cannot be finalized until the
parallel section of the permanent Markham By-pass has been dedicated by the
landowners, and constructed by the Region of York, and is operational. Construction of the required section is
scheduled for 2005.
It should be noted that all of the lands
adjoining this portion of the existing temporary Markham By-pass are owned by
members of the Cornell Landowners Group.
FINANCIAL CONSIDERATIONS:
This arrangement will ensure the
Cornell developers’ $1.8 million contribution towards the construction of the
existing temporary Markham By-pass is recognized, and the current Area Specific
Development Charge By-law will not be appealed.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Legal Services Department was
consulted in the preparation of this report.
ATTACHMENTS:
Figure 1
- Location
map
Appendix 1 - letter dated August 27, 2004 from Albert Bishop
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Alan Brown, C.E.T.
Director of Engineering
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Valerie Shuttleworth M.C.I.P., R.P.P.
Director of Planning and Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Q:\Development\Planning\APPL\CORNELL\report
- surplus by-pass row.doc
