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HomeMy WebLinkAboutPDS-019-23Clarftwn 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 27, 2023 Report Number: PDS-019-23 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: File Number: Report Subject: Mary -Anne Dempster, CAO 18T-96013 Resolution#: PD-032-23 By-law Number: 2022-025 Port of Newcastle Phase 2, Stage 3, Certificate of Acceptance and Assumption By -Law, and Final and Other Related Works Recommendations: 1. That Report PDS-019-23 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-2373; 3. That the draft By-law (Attachment 1), assuming certain streets ad block within Plan 40M-2373 (Attachment 1), be approved; and 4. That all interested parties listed in Report PDS-019-23 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-019-23 Report Overview Page 2 This report concerns Port of Newcastle Phase 2, Stage 3. It requests Council's permission to issue the required Certificate of Acceptance for the Final Works, as well as approve a by- law to assume certain streets within Plan 40M-2373 as public highways. 1. Background The Subdivision Agreement 1.1 The Corporation of the Municipality of Clarington entered into a Subdivision Agreement registered October 10, 2007, with 1138337 Ontario Inc., CCCC Durham West Ltd., and Port of Newcastle Harbourview Ltd., to develop lands by land of subdivision, located in Courtice and described as Plan 40M-2373 (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 a subsequent 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 September 1, 2017. This initiated a one (1) year maintenance period, which expired on September 1, 2018. The Works were re -inspected at that time, and although the developer experienced delays in completing repairs, all deficiencies have now been rectified to the satisfaction of the Director of Planning and Infrastructure Services. Municipality of Clarington Report PDS-019-23 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-2373 as public highways (Attachment 2). 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, Shipway Avenue, Milligan Street, Keating Drive, Donaldson Drive, Lakebreeze Drive, and Toronto Street will be added to our asset register and included in asset management planning. 3.2 The operation costs including winter control will be included in the Municipality's operating budget. 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 finals stage roads and other related Works constructed within Plan 40M-2373, and that Council approve the by-law attached to Report PDS-NNN-23 assuming certain streets within Plan 40M-2373 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 Report Interested Parties: Municipality of Clarington Report PDS-019-23 The following interested parties will be notified of Council's decision: William Daniel, 1138837 Ontario Inc. William Daniel, CCCC Durham West Ltd. William Daniel, Port of Newcastle Harbourview Ltd. Page 4 Attachment 1 to Report PDS-NNN-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-2373, 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: 2. That the streets and blocks shown on Plan 40M-2373, 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: Shipway Avenue Milligan Street Keating Drive Donaldson Drive Lakebreeze Drive Toronto Street Block 77 Passed in Open Council this XX day of MMMM, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Block 77 Port of Newcastle Subdivision Phase I2, Stage 3 Plan 40M-2373 Cn 0 c 0 L 0 C.N.R. Milligan St. Cn Cn 2 syi„ Lake Ontario NEWCASTLE KEY MAP \Engineerina\Attachm