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HomeMy WebLinkAboutPDS-010-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 6, 2023 Report Number: PDS-010-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Report Subject: Mary -Anne Dempster, CAO 18T-94027 Resolution#: PD-021-23 By-law Number: 2023-020 Hancock Neighborhood Phase 1A and 1 B, Certificate of Acceptance and Assumption By -Law, and Final and Other Related Works Recommendations: 1. That Report PDS-010-23 and any related delegations or communication items, be received; 2. That the Director of Planning and Infrastructure Services be authorized to issue a Certificate of Acceptance for the Final Works, which includes final stage roads and other related works constructed within Plan 40M-2364; 3. That the draft By-law Attachment 1, assuming certain streets and blocks within Plan 40M-2364 be approved; and 4. That all interested parties listed in Report PDS-010-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-010-23 Report Overview Page 2 This report concerns Hancock Neighborhood Phase 1A and 1B. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a bylaw to assume certain streets within Plan 40M-2364 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered May 31, 2004, with Claret Investments Limited and 1361189 Ontario Ltd. to develop lands by plan of subdivision, located in Courtice and described as Plan 40M- 2364 (Attachment 1). The agreement required the developer to construct all roadworks, including hot -mix paving, sidewalks, curb and gutter, street trees, a storm drainage system, and streetlights, hereinafter referred to as the 'Works'. The Subdivision Agreement provides for: 1.2 Initial Works These works were issued a Certificate of Completion and subsequent and Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.3 Street Lighting System These works were issued a Certificate of Completion and subsequent Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.4 Storm Water Management System These works were issued a Certificate of Completion and subsequent Certificate of Acceptance by the Director of Planning and Infrastructure Services. 1.5 Final Works These works, which include all surface works such as curb and gutter, sidewalk hot mix paving, boulevard works and street trees, were issued a Certificate of Completion dated November 10, 2021. This initiated a one (1) year maintenance period, which expired on November 10, 2022. The Works were re -inspected at that time, and all deficiencies have not been rectified to the satisfaction of the Director of Planning and Infrastructure Services. Municipality of Clarington Report PDS-010-23 2. Proposal Page 3 2.1 It is now appropriate to issue a Certificate of Acceptance for the Final Works. The Subdivision Agreement requires Council approval prior to the issuance of the Certificate of Acceptance for the Final Works. 2.2 Further to the issuance of a Certificate of Acceptance, a by-law is required to permit the Municipality to assume certain streets within Plan 40M-2364 as public highways (Attachment 1). 3. Financial Considerations 3.1 Upon assumption of the subdivision, the Municipality will assume the infrastructure assets. Once the assets are assumed by the Municipality, the repair, maintenance and replacement are the responsibility of the Municipality of Clarington. Specifically, the public highways identified in the attached by-law will be added to our asset register and included in asset management planning 3.2 The operational costs including winter control will be included in the Municipality's operating budgets. 4. Concurrence Not Applicable. 5. Conclusion It is respectfully recommended that the Director of Planning and Infrastructure Services be authorized to issue a Certificate of Acceptance for the Final Works, which includes final stage roads and other related Works constructed within Plan 40M-2364, and that Council approve the by-law attached to Report PDS-NNN-22 assuming certain streets within Plan 40M-2364 as public highways. Staff Contact: Karen Richardson, Manager, Development Engineering, 905-623-3379 ext. 2327 or krichardson@clarington.net. Attachments: Attachment 1 — Key Map and By -Law Interested Parties: The following interested parties will be notified of Council's decision: Municipality of Clarington Report PDS-010-23 Bill Manson, Claret Investments Ltd. Lawson R. Gay, 1361189 Ontario Ltd. Page 4 Attachment to Report PDS-010-23 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2023-XXX Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington, to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington, and to name them. Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That the blocks shown on Plan 40M-2364, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby established, laid out, and dedicated by the Corporation of the Municipality of Clarington as public highways: Block 94 (0.3m Reserve) Block 95 (0.3m Reserve) Block 106 (0.3m Reserve) Block 110 (0.3m Reserve) Block 111 (0.3m Reserve) Block 112 (0.3m Reserve) Block 113 (0.3m Reserve) 2. That the streets and blocks shown on Plan 40M-2364, and listed below in this section, being in the Municipality of Clarington, in the Regional Municipality of Durham, are hereby accepted by the Corporation of the Municipality of Clarington as public highways, and assumed by the said Corporation for public use: Harry Gay Drive George Reynolds Drive Broome Avenue Tabb Avenue Wilbert Hoar Court Block 107 (Street Widening) Block 108 (Street Widening) Block 109 (Street Widening) Block 94 (0.3m Reserve) Block 95 (0.3m Reserve) Block 106 (0.3m Reserve) Block 110 (0.3m Reserve) Block 111 (0.3m Reserve) Block 112 (0.3m Reserve) Block 113 (0.3m Reserve) Passed in Open Council this day of , 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk 0 GEORGE REYNOLDS DR Q O Y U O U Z Q 2 Hancock Neighbourhood Subdivision Phase 1A > Plan 40M-2364 Q Q BR ME V w w U) J WIL3ERIHO CT TABBAV NASH ROAD ME]U) w qFF m .2r- George Reynolds 3 Dr. o v Y V O V C m Nash Rd. _ COURTICE 75 KEY MAP J:\Engineering\Attachments\Attachments Post ESRI Upgrade\40M-2364.mxd