File #: BL 23-010    Version: 3 Name: Bylaw 2023-03 Road Closure for the Pupose of Sale and Consolidation - Portion of Beachway Road within S.E.15-53-5-W5
Type: Bylaw Status: Second Reading
File created: 3/23/2023 In control: Council
On agenda: 4/11/2023 Final action: 4/11/2023
Title: 9:30 a.m. Public Hearing - Bylaw 2023-03 Road Closure for the Purpose of Sale and Consolidation - Portion of Beachway Road within SE 15-53-5-W5 Proposed Motion That Bylaw 2023-03 receive first reading.
Attachments: 1. 1. Bylaw 2023-03 Road Closure Partial Beachway Road-Sale, 2. 2. AER Road Closure Beachway Road-Sale, 3. 3. PLN Road Closure Beachway Road-Sale, 4. 4. Policy EN 009 Road Allowances - Sale, Lease, 5. 5. Chair's Procedural Notes Bylaw 2023-03, 6. 6. Bylaw 2023-03 Resident Submission, 7. HANDOUT - Bylaw 2023-03 Resident submission, 8. HANDOUT - Bylaw 2023-03 Resident submission, 9. HANDOUT - MAP April 11 2023 Council Bylaw 2023
Related files: BL 24-042

Title

9:30 a.m. Public Hearing - Bylaw 2023-03

Road Closure for the Purpose of Sale and Consolidation - Portion of Beachway Road within SE 15-53-5-W5

 

Proposed Motion

That Bylaw 2023-03 receive first reading.

 

Body

Administration Recommendation

Administration supports the proposed motion.

 

Purpose

To close a portion of Beachway Road for the purpose of sale and consolidation into an adjacent parcel.

 

Summary

A formal request was received to close a portion of road right-of-way, Beachway Road (0.027 acres/ 0.011 hectares) for the purpose of sale and consolidation into an existing parcel. The portion of Beachway Road proposed to be closed is adjacent to the south boundary of Plan 2664CL, Block A as shown on the attachment AER Road Closure Beachway Road-Sale.

 

Administration has reviewed the proposed road closure request and supports the motion to address a current encroachment into Beachway Road. Closing this portion of road right-of-way and consolidating into the adjacent property will ensure the existing enclosed deck lies fully within private property as can be seen on attachment PLN Road Closure Beachway Road-Sale. The deck encroaches 2.6 metres into road right-of-way. 

 

Alberta Environment and Parks has reviewed the road closure request and does not object to the proposed closure. Alberta Transportation and Economic Corridors has reviewed the road closure request and does not object to the proposed closure as it will not impact the ability for the traveling public to use Beachway Road. The proposed sale footprint will not impact the existing area drainage.

 

Administration has completed road closure requirements identified in the Municipal Government Act Section 22(1), giving notice of this Public Hearing in accordance with Section 606.

 

Historical Information:

In 2000, Bylaw 29-00 received final reading to close 18.3 metres of road right-of-way (Beachway Road) between Wabamun Lake and the south boundary of Block A for the purpose of lease. The applicant has been leasing this area since 2001. The current lease expires June 30, 2023 and the Lessee has been advised by the County the property must be brought into compliance with all improvements contained within property boundaries before the County considers presenting an option to renew the lease.

 

Strategic Plan/Policy/Legal/Staff Implications:

Section 22(1) and Section 606, Municipal Government Act

Policy EN-009 Road Allowances and Diversions - Sale, Lease or Permitting

 

Financial Impact:

The 0.027 ac/ 0.011 ha will be sold for a minimum of current market value as consolidated with the adjacent parcel.

Cost:   Nil

Source of Funding:  N/A

 

Other:

Administration received a letter from an area resident regarding the proposed road closure and has been included in this report as Attachment #6.