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Home My WebLink AboutWD-36-93 THE CORPORATION OF THE MMICIPALITY OF CL INGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# )LD C Date: SEPTEMBER 7, 1993 Res. #_(-LLrL Report#:__WD_-36=_93_ File #: __5_-_02 ,13,005 By-Law# Subject: PETITION REGARDING SIDEWALKS ON EDSALL AND RENDER AVENUES, PLAN 18T-87005, BOWMANVILLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-36-93 be received; 2 . THAT a cash payment of $5,522 .50 be accepted from 671461 Ontario Limited in lieu of the construction of sidewalks in front of 20 to 38 Rehder Avenue and 15 Edsall Avenue within Plan 18T-87005 and in front of 12 to 16 Rehder Avenue, external to Plan 18T-87005; 3 . THAT the $5,522 .50 be kept in a reserve fund to help pay the cost of constructing the sidewalks at some future date if requested by a majority of the property owners within Plan 18T-87005 and the property owners at 12 to 16 Rehder Avenue; and 4 . THAT Mr. Rick Spicer and Mr. R. C. Annaert be advised of Council 's decision. REPORT NO. : WD-36-93 PAGE 2 REPORT 1.0 ATTACHMENTS No. l: Key Map No. 2: Correspondence dated August 18, 1993, from Rick Spicer, 20 Rehder Avenue, Bowmanville No. 3: Petition dated August 9, 1993 No. 4: Correspondence dated August 24, 1993, from Iain and Christie Alexander No. 5: Correspondence dated August 31, 1993, from Mr. R. C. Annaert, D. G. Biddle & Associates Limited 2.0 BACKGROUND 2 . 1 On July 10, 1989, the Town of Newcastle entered into a Subdivision Agreement with 671461 Ontario Limited for a Plan of Subdivision with seventeen ( 17) lots at the west limits of Edsall and Rehder Avenues in Bowmanville (Attachment No. 1) . The Agreement required that a sidewalk be constructed in front of 20 - 38 Rehder Avenue and 15 Edsall Avenue within Plan 18T- 87005 and in front of 12 to 16 Rehder Avenue external to Plan 18T-87005 . The Agreement also required that the developer pay a cash contribution of $10,000 towards the cost of the future construction of a sidewalk on the south side of the existing Edsall Avenue. 3.0 REVIEW AND COMMENT 3 . 1 Petition As illustrated on Attachment No. 2, eleven ( 11) of the fourteen ( 14) property owners in the subdivision have signed the Petition requesting that the sidewalks not be constructed. Also, all of the property owners who own homes on the same side of the street as the sidewalk signed the petition. I The issue of deleting the construction of the sidewalk was discussed with Iain and Christie Alexander, who are one (1) of i the three 3 property owners who did not sign the ( ) P P Y g petition. i I I �, II i REPORT NO. : WD-36-93 PAGE 3 They discussed the matter with Lyle and Ruth Boland, 37 Rehder Avenue, and Mike and Jill Haskins, 39 Rehder Avenue, and obtained their signatures on the letter dated August 24, 1993 (Attachment No. 4) . 3.2 Cash In Lieu The principals of 671461 Ontario Limited were asked to consider contributing the cost of the sidewalks as cash in lieu of the construction of sidewalks . The developer's view was that, if the sidewalks were not needed and were not to be constructed, they should not be required to pay anything. However, as a compromise, 671461 Ontario Limited agreed to make a contribution of $5,522 .50 as detailed in correspondence dated August 31, 1993, from Mr. R. C. Annaert (Attachment No. 5) . 3 . 3 Sidewalks on Edsall and Rehder Avenues External to the Subdivision As illustrated on Attachment No. 1 there exists a two foot (2 ' ) wide sidewalk on part of Rehder Avenue. There are no sidewalks on Edsall Avenue. Drainage on Rehder and Edsall Avenues is by means of open ditches with culverts at the entrances . If either of these streets is reconstructed sometime in the future, it is quite likely that the construction would include a sidewalk. This would be achieved by reconstructing the road with curbs and gutters and storm sewers to provide a location for the sidewalk. At that time, the property owners in Plan 18T-87005 might consider it desirable to construct a sidewalk within the plan. j . 4.0 CONCLUSIONS AND RECOMMENDATIONS 4 . 1 From the above, it is concluded that the construction of the REPORT NO. : WD-36-93 PAGE 4 sidewalk within 18T-87005 should be deferred and that the cash in lieu of the construction of sidewalks from 671461 Ontario Limited should be accepted and placed in a reserve fund for possible future use. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. o seff, Director of Public Works Chief Admin 4rative Officer t WAE*ph August 31, 1993 Attachments pc: Mr. Rick Spicer 20 Rehder Avenue Bowmanville, Ontario L1C 2A1 Mr. R. C. Annaert Project Manager D. G. Biddle & Associates Limited Consulting Engineers 96 King Street East Oshawa, Ontario L1H 1B6 i PLAN 18 To 1 + + SCJCTSID WA +. + +1+6 +14 10 8 6 4 2 39 + + + 104 37 L AVE E . 35 + + 0 + +3+6� 13 11 9 7 5 3 1 33 + + + + + + + + + 0 + + + + + + + + + q + + + + + + + 9 + + +� + � 1-6 + +M 12 10 8 6 4 U + + + + + + + + 92 U) + + RENDER AVE . + 88 15 13 +1+1- 9 7 5 3 + + 2 ft. SID WAE + + RE (DENTS OPPOSED TO EXI TING CRABAPPLE THE S rl B W NV I 0 o o ®� C:\ATTACHS\DARL\EDSALL DRAWN BY: m DATE: SEPT, 1993 ' ,r .��a _ . ATTACHMENT N0, 1 WD-36-93 KEY MAP i Iol4 i /YJgYok E NmRE Aug /x,/993 �poae. o7 �ARinGro,J CNT n Po.)s -J�at. 1VeC1. 4kK�C oez Ge Sa1ti 0-��E -CDC R 'ab� tJrsr ,�w ��a �✓ ate ��,� 1oG J �� c�>J a Cr�r��RtN�-ro�l �3c�M4�rivtLLE� L.�NT i -ARE ZC—IFINMTLY tN) i 1 016, Sly Cs--t n L . 1 1 3 4 �Q, n + `! j ATTACHMENT N0. 3 j I WD-36-93 35 Rehder Avenue Bowmanville, Ontario L1C 2A1 August 24, 1993 Mr . Walter Evans Director of Public Works Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Re : Sidewalks - Rehder/Edsall Aves . Dear Sir : It is our understanding that the Municipality is considering not installing sidewalks, contrary to the approved plan of subdivision, on the newly constructed portion of Rehder and Edsall Avenues . In the event that the Municipality should decide not to construct the sidewalks, we request that all monies dedicated for this purpose, and/or improvements to the older sections of Rehder and Edsall Avenues be held in reserve, until such time as both these streets are brought up to urban standards . (curbs, storm sewers, sidewalks etc. ) This will. avoid the need to increase taxes under the Local Improvement Act when Rehder and Edsall Avenues are brought up to urban standards in the future . Respectfully llae Iain and Christie Alexander In Agreement ,�� _ J ATTACHMENT NO. 4 WD-36-93 _... .. _,.. . ... ......_' i D.G. Biddle & Associates Limited consulting engineers 96 KING ST. E., OSHAWA, ONTARIO L1H 1136 PHONE (416) 576-8500 FAX (416) 576-9730 August 31, 1993 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. W. Evans, P.Eng Director of Public Works Re: 671461 Ontario Limited Edsall Avenue - Rehder Avenue Plan 40M-1668 Our File 86095 Dear Sir: Further to our recent discussion concerning the construction of a sidewalk within the above development, this will confirm our client ' s agreement to provide a cash payment to the Municipality in lieu of constructing a sidewalk. It is understood that a petition has been forwarded to the Municipality requesting that the sidewalk not be constructed within this development, contrary to the terms of the Subdivision Agreement between the Municipality and 671461 Ontario Limited. As our client wishes to proceed with the construction of the boulevards and surface works as quickly as possible, they have agreed to your request to a cash contribution of fifty percent (50%) of the cost of the sidewalk in lieu of constructing the sidewalk. The tender amount for constructing the sidewalk is 235 linear meters at $53 . 00 per meter = $12 ,455 . 00 . A credit for additional sodding in the boulevard should be granted in the amount of $1,410 . 00, giving a total of $11, 045 . 00 . The contribution to the Municipality is therefore $5,522 . 50 . A copy of the tender Js attached for your information and verification. i . . . . . ..continued t ATTACHMENT NO. 5 WD-36-93 I - 2- We trust this agreement will allow the completion of this project at an early date. Thank you for your cooperation in this matter. Yours truly, D.G. BIDDLE & ASSOCIATES LIMITED R.C. Annaert Project Manager RCA/er encl : cc: Mr. B. VanAndel Mr. S . Gust Mr. J. Winters I I I I i