b. Confirmation of Notice The Manager of Development Services will confirm how Notice was served to advertise this Public Hearing.

Transcription

1 The Corporation of the Municipality of Sioux Lookout Agenda Public Hearing Meeting Wednesday, April 19, 2017, at 5:30 PM Municipal Office, Council Chambers 1. Call Meeting to Order/Mayor's Introductory Remarks 2. Agenda a) Introduction of Amendments to the Agenda Page b) Confirmation of Agenda THAT the Agenda of the Public Hearing of April 19, 2017, be approved, as presented. 3. Declarations of Pecuniary Interest 4. Applications (Staff Reports - Public Hearing) a) Road Allowance Closure and Sale: To authorize the closure and sale of shoreline road allowance more particularly described as: PT RDAL IN FRONT OF MINING LOCATION RJ 10 DRAYTON, NOW IN FRONT OF LT H PL M259, PT 1 23R 14504; MUNICIPALITY OF SIOUX LOOKOUT; BEING ALL OF THE PIN ; and abutting the property locally known as 557 Highway 72. Applicant: Robert J. Michieli a. Introduction and Overview This is a Public Hearing convened under the Ontario Municipal Act, 2001 to close an unopened road allowance legally described as PT RDAL IN FRONT OF MINING LOCATION RJ 10 DRAYTON, NOW IN FRONT OF LT H PL M259, PT 1 23R 14504; MUNICIPALITY OF SIOUX LOOKOUT; BEING ALL OF THE PIN b. Confirmation of Notice The Manager of Development Services will confirm how Notice was served to advertise this Public Hearing. c. Staff Report The Manager of Development Services will provide a summary of the application. d. Correspondence from Government Agencies & Municipal Page 1 of 9

2 Public Hearing Agenda April 19, 2017 Staff The Manager of Development Services will read out any correspondence received from Government agencies. e. Correspondence from Members of the Public The Mgr. of Development Services will read out any correspondence received from members of the public. f. Applicant's Presentation The Applicant or a Representative is invited to speak to the application. g. Questions from Members of Council and the Public i) Questions from Members of Council ii) Questions from members of the public Members of the public are invited to speak to the application. The public can ask questions of clarification or seek background information, speak in support of the application or speak in opposition to the application. All questions will be directed through the Chair. It is requested that only one question be asked at a time. Please identify yourself before you ask your question so that you can be properly recorded in the Minutes of the Hearing. h. Conclusion and Right of Appeal Process This concludes the Public Hearing regarding the closure and sale of unopened road allowance legally described as PT RDAL IN FRONT OF MINING LOCATION RJ 10 DRAYTON, NOW IN FRONT OF LT H PL M259, PT 1 23R 14504; MUNICIPALITY OF SIOUX LOOKOUT; BEING ALL OF THE PIN There is no appeal process. THAT Council receives the Planning Consultant s Report dated April 19, 2017 respecting Road Allowance Closure and Sale Application for Robert J. Michieli. b) Road Allowance Closure and Sale Application - Michieli Road Allowance Closure and Sale Application - Michieli - Pdf 4-9 THAT Council receives the Report dated March 24, 2017, respecting Road Allowance Closure and Sale Application for Mr. Robert J. Michieli. 5. Confirmatory By-law Page 2 of 9

3 Public Hearing Agenda April 19, 2017 a) By-law No Confirm the Proceedings of The Corporation of the Municipality of Sioux Lookout THAT Council gives Three Readings and passes By-law No Being a By-law to Confirm the Proceedings of The Corporation of the Municipality of Sioux Lookout (April 19, 2017 Public Hearing). 6. Motion to Adjourn a) Motion to Adjourn the Hearing. THAT the Public Hearing of April 19, 2017, be adjourned at. Page 3 of 9

4 REPORT MEETING TYPE: Public Hearing TO: Mayor and Council FROM: Jamie Robinson, MCIP, RPP Planning Consultant, MHBC Planning Limited DATE: April 19, 2017 SUBJECT: RP Road Allowance Closure and Sale Application - Michieli TITLE: Road Allowance Closure and Sale Application - Michieli RECOMMENDED MOTION - COUNCIL MEETING THAT Council authorize the passing of By-law No , being a By-law To Permanently Close, Declare Surplus and Authorize the Sale of a Highway of the Municipality of Sioux Lookout. RECOMMENDATION: THAT Council receives the Report dated March 24, 2017, respecting Road Allowance Closure and Sale Application for Mr. Robert J. Michieli. PURPOSE: To authorize the closure and sale of shoreline road allowance more particularly described as: PT RDAL IN FRONT OF MINING LOCATION RJ 10 DRAYTON, NOW IN FRONT OF LT H PL M259, PT 1 23R 14504; MUNICIPALITY OF SIOUX LOOKOUT; BEING ALL OF THE PIN ; and abutting the property locally known as 557 Highway 72. Page 14 of 96

5 BACKGROUND: An offer to purchase the shoreline road allowance as described above has been received from Mr. Robert J. Michieli. It is Mr. Michieli s intention to use the additional land to expand the existing property to have undisturbed access to the shoreline area and to have an opportunity to maintain the shoreline area and yard to the high water mark. It is noted for Mr. Michieli that one of the principles of the Official Plan is to protect the integrity of the natural environment. As such, Mr. Michieli should be encouraged to maintain the area between the dwelling and shoreline in a natural state. Mr. Michieli also owns the adjacent property locally known as 555 Highway 72. The shoreline road allowance has already been purchased abutting the adjacent property at 555 Highway 72. The subject lands, being the portion of the shoreline road allowance abutting 557 Highway 72, are shown in Figure 1. Figure 1: Subject Lands - See Figure 1 Subject Lands Attachment DISCUSSION: ROAD ALLOWANCE SALES POLICY The Road Allowance Sales Policy states that shoreline road allowances will only be sold to owners of abutting land. In light of the fact that shoreline road allowances are primarily utilized by the abutting landowner, Council generally entertains requests to purchase shoreline road allowances within the Municipality. In accordance with the Policy, if an addition of a shoreline road allowance to the upland parcel will result in a significant increase in value (i.e. could result in the creation of an additional lot in the future or facilitate development on an existing undersized lot) road allowances leading to the water will be subject to one appraisal. Otherwise the current administrative fee will be charged for the disposition of a road allowance. Current practice is to charge only the administration fee for the cost of the land to recover the administrative costs of processing applications, unless the transaction will result in a significant increase in the value of the upland parcel, then market value for the land would apply. DISCUSSION The closure and sale of the shoreline road allowance abutting 557 Highway 72 will add additional lands to the overall holding, but is not necessary for the future development of the property. Page 25 of 96

6 The Tariff of Fees By-law provides guidance for the sale of shoreline road allowances. The consideration to be applied for a sale/purchase is either Fair Market Value, if the addition results in a significant increase in value, or $1, Additionally, the purchaser is responsible for all survey costs, legal fees and registration costs. An additional administration fee of $1, is paid by the purchaser to cover the cost of advertising and staff time to process the application. Council has the option of requiring a market value appraisal if they feel that the addition of the shoreline road allowance will substantially increase the value of the lot. The applicant would be responsible for the cost of the Market Value Appraisal. In this case it is recommended that the standard sale/purchase price of $1,000 be applied to this sale. This small addition should not add a significant increase in the value of the upland parcel. RELATIONSHIP TO THE STRATEGIC PLAN: Strategic Direction 1: Community Development. FINANCIAL IMPLICATIONS: The entire cost to purchase the shoreline road allowance is the responsibility of the applicant and the purchaser is responsible for all survey costs, legal fees and registration costs. An additional administration fee of $1, is paid by the purchaser to cover the cost of advertising and staff time to process the application. The revenue from the sale would be, as recommended, $1, SIGNATURES: Ann Mitchell Chief Administrative Officer Page 36 of 96

7 Jody Brinkman Manager of Development Services Page 47 of 96

8 THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO BEING A BY-LAW TO PERMANENTLY CLOSE, DECLARE SURPLUS AND AUTHORIZE THE SALE OF A HIGHWAY OF THE MUNICIPALITY WHEREAS it is desirable to close the highway hereinafter referred to the Highway ; to declare it surplus to the requirements of The Corporation of the Municipality of Sioux Lookout ( the Corporation ) and to authorize its sale; AND WHEREAS notice to the public of the intention of the Council to pass this By-law has been given as required by the Municipal Act, 2001 and the Corporation s By-laws; AND WHEREAS the Council has heard all persons wishing to make submissions with respect to the proposed closing, surplus declaration and sale of the Highway; NOW THEREFORE, the Council of The Corporation of the Municipality of Sioux Lookout ENACTS AS FOLLOWS: 1. The Highway, more particularly described as follows, namely: PT RDAL IN FRONT OF MINING LOCATION RJ 10 DRAYTON, NOW IN FRONT OF LT H PL M259, PT 1 23R 14504; MUNICIPALITY OF SIOUX LOOKOUT BEING ALL OF THE PIN IS PERMANENTLY CLOSED as a highway of the Corporation. 2. Upon registration of this By-law: a. the Highway is declared to be surplus to the requirements of the Corporation; and b. the closed Highway may be sold by direct sale to the abutting owner for nominal consideration plus costs associated with the transaction as determined by the clerk. 3. The Mayor and Clerk are authorized and directed to take such action and execute such documents, under the Corporate Seal of the Corporation where required, as may be necessary and expedient to give effect to this By-law. 4. This By-law shall come into force and take effect upon the final passing hereof, subject to compliance with Subsection 34(1) the Municipal Act, 2001 as to the coming into effect of the highway closure by registration in the appropriate Land Registry Office. READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS NINETEENTH DAY OF APRIL Doug Lawrance, Mayor Brian P. MacKinnon, Municipal Clerk Page 58 of 96

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