Staff Report — Sergio Place Road Closure and Disposition (Bylaw No. 1617)

Background

Relating to the properties that the City of Langford owns along Leigh Road north of Goldstream Avenue, staff have been working with the owner of 2792 Leigh Road (shown as Lot 7 in Figure 1 below) to remove a restrictive covenant that is registered on all the properties abutting Leigh Road north of Goldstream. A road closure and transfer of a portion of Sergio Place as outlined in this report is part of the negotiations that have occurred.

Figure 1 below illustrates where the proposed road closure is located along Sergio Place.

Subject: Road Closure of Sergio Place

Commentary

A restricted covenant is registered on the lands abutting Leigh Road north of Goldstream. In order to release the restricted covenant, all affected properties owners need to sign the release. Staff have been negotiating with the owner of 2792 Leigh Road (one of the last property owners with this covenant on title) to release this covenant. An agreement has been settled upon and has been noted in the rezoning report (Z15-0027) that Council considered on December 7, 2015.

The owners of 2792 Leigh Road agree to release the covenant in exchange for Council's consideration to allow for a secondary suite in an accessory building on their property. Council has considered this and agreed to it. Relating to the secondary suite is the need for appropriate onsite parking, which is where this road closure and transfer comes in.

The proposed road closure and transfer would be used for onsite parking to meet the parking requirements of the zoning bylaw. The closure and transfer of this land is not deemed to be an issue as Figure 2 below illustrates, this area is already being used for parking purposes. Transferring this area would simply legalize the onsite parking spots needed to accommodate the additional suite parking.

As necessary for a road closure process, staff advertised the proposal in a local newspaper for two consecutive weeks. Following these ads, and at the time of writing this report, staff have not received opposition to the proposed road closure and disposition of Sergio Place. However, there may be members of public who wish to speak to this proposal at the public meeting on February 15, 2016.

Financial Implications

As part of the agreement with the owner of 2792 Leigh Road, the costs associated with this road closure and transfer will be borne by the City as it is deemed that the release of the restrictive covenant to City owned lands is worth the costs that will be incurred.

Legal

There are no known legal implications with the road closure and disposition of the subject portion of Sergio Place.

Options

That Council;

1. Direct Staff to review the proposed road closure area for municipal infrastructure and register applicable statutory right of ways prior to, or concurrently with, the road closure and transfer;
   AND

2. Give Sergio Place Road Closure Bylaw No. 1617 1st, 2nd, and 3rd reading;
   AND

3. Direct Staff to have the release document prepared for applicable signatures and signed prior to, or concurrently with, the road closure and transfer;
   OR

4. Do nothing at this time, and not close the portion of Sergio Place as outlined in this report.

Respectfully submitted

Brent Molnar, AScT
Manager of Land Development

atthew Baldwin, MCIP, RPP
Director of Planning

Jim Bowden
dm.nistrator

Steve Teriient
Treasurer

Respectively submitted,

Robert Dykstra, MCIP, RPP
Land Development Planner

Michelle Maholivich, P.Eng.
Director of Engineering