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HomeMy WebLinkAboutPSD-076-08 Addendum 2^_ ~ ~ UNFINISHED BUSINESS ^l/!,'lpe~~ng ~he way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ~~ol~.~o~n #GPfl-`lc~o-o8 Date: Monday, December 1, 2008 Addendum to Report #: PSD-076-08 File #: S-C-2006-0002 By-law #: COPA2006-0003 & ZBA2006-0029 Subject: APPLICATION FOR PROPOSED DRAFT PLAN OF SUBDIVISION, OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT APPLICANT: BARR'S DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PSD-076-08 be received for information; and 2. THAT all interested parties listed in this report and any delegations be advised of Council's decision. ~~ ~~Q ~,-~ZL Submitted by: Reviewed by: David J. rom , MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer DJC/sn/df 11 November 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 ADDENDUM TO REPORT NO.: PSD-076-08 PAGE 2 1.0 BACKGROUND 1.1 At its meeting of July 14, 2008 Council approved the recommendations of the General Purpose and Administration Committee contained in Report PSD-076-08 with respect to the applications by Barr's Development Ltd. 1.2 Section 10.9 of Report PSD-076-08 reads in part: "The applicant was required. to determine the status of the three unopened road allowances and actual ownership. It has been determined to the satisfaction of the Municipal solicitor and the Clarington Engineering Services Department that both Clarke Street and Bond Street are in the ownership of Barr's Development Limited and that Darcy Street is required to be closed by by-law and sold to Barr's Development Limited for their subdivision." 1.3 I have been advised by the Municipality's solicitor that this passage for Section 10.9 of Report PSD-076-08 is erroneous in respect of Clarke and Bond Streets. He had advised the Department of Engineering Services that the parcel register under the Land Titles Act showed Barr's Development Limited to be the "qualified" owner in fee simple of the portions of these two allowances which abutted the applicant's lands. He advised the Department of Engineering Services that since a comprehensive examination of the title and a search for evidence that the applicant or a predecessor in title had obtained title by adverse possession under the Limitation Act could take considerable time, he would not undertake this work unless he received .further instructions to do so. At that time, no additional work was undertaken; however since then, additional work respecting the title to Clarke and Bond Streets has been undertaken. 1.4 The Municipal solicitor had not given his opinion on the question of whether Barr's Development Limited or the Municipality of Clarington is the owner of Clarke and Bond Streets and whether the parcel register showing the owner to be Barr's Development Limited is correct. The purpose of this report is to correct the statement in Report PSD- 076-08. The Municipal Solicitor will be giving an in-camera report on the issues regarding these road allowances. 2.0 CONCLUSION 2.1 It is respectfully recommended that Addendum to Report PSD-076-08 be received for information. ADDENDUM TO REPORT NO.: PSD-076-08 PAGE 3 Interested parties to be notified for Council's decision: D.G. Biddle & Associates Ltd. A. Wynn Barr's Developments Limited Michel Fleury Noel Gordon Daniel Lang William Skitch Beat Niklaus Roderick McArthur Patricia McDonnell M.R. Davidson Douglas Cronk D. Hanley Gregory Ward Sam & Brian Mountford Ann Harley David Walton-Ball Paul-Andre Larose Peter Fialkowski Dan Strike R.W. Westwood Roger Yates Lynda MacGregor John Yates J. Eilbeck H. Vanden Heuvel