STAFF REPORT. NorthSaanich. District of. Recommendation: Strategic Plan Implications: Purpose: Background:

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1 District of NorthSaanich STAFF REPORT To: RobBuchan Date: ianuary3l,2017 Chief Administrative Officer From: Luke Man File: Road Closure Bylaw No Senior Planner Re: Thompson Road, Road Closure Bylaw No (related: 1515 McTavish Road File) Recommendation: That Council: 1. Proceed with 1st 2nd and 3rd reading of Bylaw No in order to advance the closure and disposition of the southern portion of Thompson Road; and 2. Direct staff to post and publish notice of the intended highway (road) closure in accordance with section 94 ofthe Community Charter. Strategic Plan Implications: Maintain a Safe and Healthy Community Build a Strong and Vibrant Community Ensure Strong Leadership, Fiscal Responsibility, and Transparent Government Purpose: To advise Council on the relevant information required to advance or deny Bylaw No which seeks to close and dispose of a southern portion of Thompson Road in order to support the land transfer of a portion of the Dunsmuir Lands located at 1515 McTavish Road from UVic Properties to the Pauquachin First Nation. This condition of sale was made aware to Council prior to the public hearing and formed a portion of the conditions of Council s consideration of Bylaw No (Dunsmuir OCP and Rezoning Bylaw). Background: The subject lands consist of two lots located in the Central Area of North Saanich approximately 350m south of McTavish Road backing onto John Dean Provincial Park. The total area of the parcels is approximately 41.2 hectares (101.8 acres). The original structure was built in 1974 as a treatment centre for people with alcohol and drug addictions, the Dunsmuir property was donated to the University of Victoria (UVic) in 1985 by the late George Poole and operated as an educational conference centre until its closure in 2009.

2 Rob Buchan, ChiefAdministrative Officer Page 2 Re: OCP/Rezoning Amendment for 1515 McTavish Road Staff has prepared Bylaw No and it was given 1st,2nd Reading on July 18, It was further amended at 2nd Reading on September 19, 2016 and proceeded to public hearing on December 7, 2016 where the Bylaw was given 3rd reading. On December 20, 2016, approval of the Bylaw was given by the Ministry of Transportation and Infrastructure. Since that time, the applicant and staff have been working to complete the list of conditions imposed by Council as recommended by staff. Discussion: Road Closure Under Section 40 ofthe Community Charter, there are specific requirements that a municipality is required to do in order to close a road. In summary, the steps are as follows: 1. Obtain a survey plan showing the highway (road) closure area (Provided by applicant) 2. Prepare a bylaw to close the highway and remove its dedication (Bylaw No. 1419) 3. Give the bylaw first, second, and third readings (Purpose ofthis staff report) 4. Post and publish notice of the intended highway closure in accordance with section 94 of the Community Charter. 5. Give notice to utility operators whose facilities or works will be affected by the highway closure. 6. Hold the opportunity to be heard at a future meeting of Council. 7. Obtain MOTI approval for the highway closure Bylaw No since the road is within $OOm of McTavish Road, a ministry controlled road. 8. Adopt the highway closure/dedication removal Bylaw No File the highway closure/dedication removal Bylaw NO and survey plan with the Land Title Office. 10. File a Form 17 to raise title to the closed highway in the Land Title Office. 11. File a Form 17 application to remove the Province s right of resumption (or ministerial order, if applicable) in the Land Title Office. 12. File a Form A Transfer to transfer the closed highway, along with a consolidation plan (if transferring the closed highway to an adjacent landowner for consolidation with adjacent parcel(s) of land). Options: Council can: 1. Proceed with readings of Bylaw No. 1419; or 2. Deny the applicant s request for road closure. Financial Implications: n/a Legal Implications: Road closures must be done in accordance with provincial legislation. Consultations: Consultation will be done in accordance with section 94 of the Community Charter which includes newspaper notice and an opportunity to be heard by Council. Interdepartmental Involvement/Implications: Infrastructure Services has been involved in the preparation of Bylaw No

3 . - Bylaw Rob Buchan, ChiefAdministrative Officer Page 3 Re: OCP/Rezoning Amendment for 1515 McTavish Road Summary: In order to satisfy conditions of the approval associated with Bylaw No. 1415, the OCP and Zoning Bylaw amendment for 1515 Mclavish Road, a road closure process must be undertaken in order for UVic Properties to transfer the remainder lands of the Dunsmuir property to the Pauquachin First Nation. Recommendation: That Council: 1. Proceed with 1st 2nd and 3rd reading of Bylaw No in order to advance the closure and disposition of the southern portion ofthompson Road; and 2. Direct staff to post and publish notice of the intended highway (road) closure in accordance with section 94 of the Community Charter. Luke Man Senior Planner Concurrences: On v Rob uchan nne Berry Chief Administrative Officer Director of Planning and Community Services Concurrence: Curt Kingsley, Director of Corporate Services John Trelford, Director of Emergency Services Eymond Toupin, Director of Infrastructure Services Stephanie Munro, Director of Financial Services Attachments: No. 1419

4 DISTRICT OF NORTH SAANICH BYLAWNO A BYLAW TO CLOSE A PORTION OF HIGHWAY WHEREAS, pursuant to Section 40 of the Community Charter, Council may, by bylaw, close to traffic a portion of a highway that is vested in the municipality and remove the dedication of the highway, if prior to adopting the bylaw Council publishes notices of its intention in a newspaper and at the District s public notice posting place and provides an opportunity for persons who consider they are affected by the bylaw to make representations to Council; AND WHEREAS the Council of the District of North Saanich deems it expedient to close to traffic and remove the dedication ofhighway ofthat portion ofthompson Road comprising approximately hectares (2,400 m2) dedicated as road by BC Gazette Notice dated December 19, 1883 and by Plan EPP68293, (the Closed Road ), which is shown outlined in bold black on the reference plan prepared by Brad Cunnin, B.C.L.$., of Brad Cunnin Land Surveyor, on the 2nd day ofdecember, 2016, a reduced copy ofwhich is attached hereto as Schedule A (the Road Closure Plan ); NOW THEREFORE the Council of the District of North Saanich, in open meeting assembled, enacts as follows: 1. The Council hereby authorizes the closure to traffic and removal of highway dedication of the hectares (2,400 m2) portion of highway dedicated as road by BC Gazette Notice dated December 19, 1883 and by Plan EPP68293 shown on and labelled Road to be Closed on the Road Closure Plan. 2. On deposit of the Road Closure Plan and all other documentation for the closure of the Closed Road in the Victoria Land Title Office, the Closed Road is closed to public traffic, it shall cease to be public highway, and its dedication as a highway is cancelled. 3. The Mayor and Corporate Officer are authorized to execute all plans and other documentation necessary to effect this road closure. 4. This Bylaw may be cited as Thompson Road Road Closure Bylaw No. 1419, READ A FIRST TIME this day of, READ A SECOND TIME this day of, APPROVED BY THE MINISTER OF TRANSPORTATION UNDER S. 41(3) OF THE COMMUNITY CHARTER this day of, READ A THIRD TIME this day of, ADOPTED this day of, 2017.

5 By-law No Page 2 MAYOR CORPORATE OFFICER

6 Reference By-law No Page 3 SCHEDULE A Plan of Closed Road BYLAW NO.1419, 2017 REFERENCE PLAN: TO ACCOMPANY BYLAW NO. OF THE DISTRICT OF NORTH SAANICH TO CLOSE ROAD DEDICATED ON PLAN EPPECjQ4RANGE1EAS NORTH SAANICH DISTRICT, PURSUANT TO SECTION 120 LAND TITLE ACT, AND SECTION 40 OF THE COMMUNITY CHARTER. SCALE BCGS - 92B.064 SEC (i4a46o.oao McTAVI TNORTH ROAD 6 PLAN EPP68294 U- C F- C -J U- 0 F- LOT A (DD FA ) rn s B : REM 3 4 >- w 0 z Ui O Ui m %.J U) Ui 0) j - Li z d 1- P LAN SEC ;J,, I- LEGEND id bii diiid fii thsti I.dIiI ItI M.tI tidid diltis fi dtii ItII II!Ik 77F3O2 d &! MI ThISpt ti IthII thl Cpiht RgIII DItiIt. SEC 1 D Li U, C _JI REM SEC 4 Thil p[ LI Ithi th j1iitiii f th AppIIIIg O1fftI f th DIt ftt If NI th SfIIh. TI td by this p1 Ipttd fh O2fd dly f BIdt1y Wbsl C61111, BCLS 677 F I C E BRaLmniR L&yor f0 030g[ls Street Victorle, BC V8T 483 pc ft fl SEC