Report : CDS-19-014

Department of Community
& Development Services
Telephone (905) 468-3266
Facsimile (905) 468-0301

1593 Four Mile Creek Road
P.O. Box 100
Virgil, Ontario
L0S 1T0

		Submitted on:	March 25, 2019
Report:	CDS-19-014

Report To:	Community & Development Advisory Committee
Subject:	File No. 26T-96005, Phases 1 & 2 (East) of Garrison Village III - Assumption of Services

1. RECOMMENDATION
It is respectfully recommended that:

1.1 The Town assume the primary, secondary and tertiary services installed within "Phase 1 (East)" of the "Garrison Village Phase III" subdivision, File No. 26T-96005, as defined in the subdivision agreement authorized by Town By-law 4263-08, attached as Appendix C, and the subdivision agreement amendment authorized by Town By-law 4263A-09, attached as Appendix D;

1.2 The Town assume the primary, secondary and tertiary services installed within "Phase 2 (East)" of the "Garrison Village Phase III" subdivision, File No. 26T-96005, as defined in the subdivision agreement authorized by By-law 4552-12, attached as Appendix I; and

1.3 The draft assumption by-laws, attached as Appendices A and G to this report, be forwarded to Council for approval.

2. PURPOSE / PROPOSAL
The purpose of this report is to provide a recommendation with respect to municipal assumption of the primary, secondary and tertiary services installed within Phases 1 and 2 (East) of the Garrison Village Phase III Subdivision. The two phases are independent subdivisions registered as phases of the larger Garrison Village Phase III Subdivision, having File 26T-96005. The required assumption by-laws for Phases 1 and 2 are attached as Appendices A and G to this report, respectively.

3. BACKGROUND
Phase 1 (East) of Garrison Village Phase III (30M-386)
Phase 1 (East) of Garrison Village Phase III was registered on November 21, 2008 as Plan 30M-386, attached as Appendix B. The subdivision is located northwest of Regional Road 55 (Niagara Stone Road), east of Garrison Village Drive, and south of the Garrison Village Phase II Subdivision (30M-065).

Council approved By-law 4263-08, being a by-law to authorize a subdivision agreement between the Owner and the Town on November 17, 2008, for Phase I (East) of the Garrison Village III subdivision, attached as Appendix C. Council subsequently approved an amendment to the subdivision agreement on July 27, 2009 by By-law 4263A-09, attached as Appendix D. The subdivision agreement and amending agreement lay out the obligations of the Owner and Town for construction, maintenance and assumption of the services in the subdivision.

Primary, secondary and tertiary services have been constructed within the road allowances of Brock Street, Blackbird Street, Jordan Street, and Norton Street, and were also installed on portions of lots and blocks within the subdivision, for which the Owner has granted the Town easements, designated as Part 72, 73, 74 and 80 on Reference Plan 30R-13234, attached as Appendix E. As required in the subdivision agreement, Blocks 10 and 11 on Plan 30M-386, attached as Appendix B, have been conveyed to the Town for parks purposes as a tertiary service, and for a pedestrian path as a primary service. In addition to the conveyance of the required easements and land dedications to the Town, Block 12 of Plan 30M-386 has been transferred to the Region of Niagara as a one foot reserve as described in the subdivision agreement.

Phase 2 (East) of Garrison Village III (30M-402)
Phase 2 (East) of Garrison Village Phase III was registered on August 17, 2012 as Plan 30M-402, attached as Appendix H. The subdivision is located east of Norton Street, north of Niagara Stone Road, and south-west of Phase 3 (East) of Garrison Village Phase III (Plan 30M-427).

Council approved By-law 4552-12, being a by-law to authorize a subdivision agreement between the Owner and the Town on May 07, 2012, for Phase 2 (East) of the Garrison Village Phase III subdivision, attached as Appendix I. The subdivision agreement lays out the obligations of the Owner and Town for construction, maintenance and assumption of the services in the subdivision.

Primary, secondary and tertiary services have been constructed within the road allowances of Niagara Stone Road, Brock Street, Kirby Street, Murray Street, and Macdonell Road, and were also constructed on portions of lots and blocks within the subdivision, for which the Owner has granted the Town easements, designated as Parts 1 to 4 on Reference Plan 30R-13982, attached as Appendix J. Block 10 of Plan 30M-402, attached as Appendix H, has been transferred to the Town for parks purpose as a tertiary service as required in the subdivision agreement.

4. DISCUSSION / ANALYSIS
Assumption of the services within the two subdivisions by the Town are required by the subdivision agreements upon fulfillment of the preconditions to assumption detailed in Sections 10, 11, and 12 of the respective agreements. Upon expiry of the required maintenance period and written request by the Owner of the subdivisions, the Town issued certificates of completion of the services, including sidewalks, attached as Appendices F and K. Staff note that while the letters speak to assumption by the Town, adoption of the draft by-laws attached as Appendices A and G by Council is required to formalize this process.

5. STRATEGIC PLAN
Not applicable.

6. OPTIONS
Not applicable.

7. FINANCIAL IMPLICATIONS
Upon the assumptions, the Town will be responsible for all future maintenance and replacement of municipal infrastructure within the subdivisions, including, but not limited to municipal roads, water, sanitary, sewer, storm water management, sidewalk maintenance, street cleaning, catch basin cleaning, hydrant and valve maintenance, sewer flushing, parks maintenance, street lighting maintenance, and winter control.

8. COMMUNICATIONS
Not applicable.

9. CONCLUSION
Staff recommend that Council approve the assumption by-laws, attached as Appendices A and G, for Phases 1 and 2 (East) of the Garrison Village Phase III Subdivision.

Respectfully submitted,