HomeMy WebLinkAboutPSD-076-08 Addendum 2^_ ~ ~ UNFINISHED BUSINESS
^l/!,'lpe~~ng ~he way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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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.
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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