HomeMy WebLinkAboutPD-58-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD -58 -97
REPORT
Meeting: General Purpose and Administration Committee File # �!
Date: Monday, April 21, 1997
Res.
Report #: PD -58 -97 File #: LD 40/94 By -law #
Subject: TRANSFER OF METRE BLOCK ON 40M-1839
LAND DIVISION COMMITTEE APPLICATION - LID ,0.,
PART LOT 29 AND 30, CONC., O. TOWNSHIP DARLINGTO
FILE: LID 40/94 1
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -58 -97 be received;
2. THAT the request submitted by D.G. Biddle & Associates on behalf of Gay Family
Partnership that the Municipality transfer ownership of the 0.3 metre reserve
shown as block 48 of Plan 40M -1839 to Gay Family Partnership be APPROVED,
subject to the applicant bearing all costs associated with the preparation and
registration of the transfer documents; and
3. THAT D.G. Biddle & Associates and any delegations be advised of Council's
decision.
1.1 BACKGROUND
1.1 In 1994, prior to the development of draft Plan of Subdivision 18T- 87092, a Land
Division Committee application was filed by the Developer to sever off a 315 m2
parcel of the land located in the north -west corner of the total land holdings. The
ownership of the 315m2 parcel of land was to be transferred to the abutting
property owner to the north to be developed in conjunction with draft plan of
subdivision 18T- 88060. Attachment number 1 to this report illustrates the
relationship of the three (3) parcels of land.
1.2 The Land Division Committee application was approved by the Region of Durham,
subject to the applicant fulfilling a number of conditions of approval.
M
PD -58 -97 PAGE 2
1.3 One of the Municipality's conditions of approval required that the applicant
provide to the Municipality, free and clear of all encumbrances a 0.3 metre
reserve along the frontage of Avondale Drive immediately abutting the 315 m2
parcel of land. This reserve was requested to ensure that access to the severed
land via Avondale Drive through Plan of Subdivision 18T -87092 was restricted until
such time that a Plan of Subdivision had to be approved for the lands to the north
and west of 18T- 87092. Staff would note that this reserve would be transferred
back to the abutting owner at the time of Plan of Subdivision proceeds through
to development.
1.4 In light of the Land Division Committee's approval, the applicant attempted to
clear the various conditions. One of the first conditions completed was the
preparation and registration of the reference plan for the 0.3 metre reserve.
Ownership of this 0.3 metre reserve was then transferred to the Municipality.
1.5 During the ensuing time period that the applicant attempted to finalize the
remaining conditions of approval, staff was advised that in consideration of a
mutual agreement (financial and otherwise) that had been reached between the
abutting land owners, the necessity of obtaining the severance as applied for was
no longer warranted. A copy of their agreement was provided for staff's
information and records.
1.6 As the applicant no longer wished to proceed with the Land Division Committee
application, the remaining conditions of approval were not fulfilled and the
approval as issued, lapsed on April 13, 1994.
2. STAFF COMMENTS
2.1 D.G. Biddle & Associates, on behalf of the Owner has requested that as the
severance application was no longer required, the 0.3 metre reserve that was
transferred to the Municipality be transferred back to the Owner.
682
PD -58 -97 PAGE 3
2.2 Staff's initial request for the 0.3 metre reserve through the Land Division
Committee process was to ensure that any access and the eventual development
of the lands immediately abutting Plan of Subdivision 18T -87092 proceeded in an
orderly manner.
2.3 Staff is satisfied that in light of the mutual agreement reached by the abutting
property Owners, the registration of the fourth phase (Plan 40M -1839) of Plan of
Subdivision 18T -89092 and draft plan approval being issued for the abutting lands
in Plan 18T- 88060, the need for the 0.3 metre reserve to ensure the orderly
development of the abutting lands is not longer required.
3. CONCLUSION
3.1 In light of the above noted comments, staff would have no objections to the
Municipality's transferring ownership of the 0.3 metre reserve shown as Block 48
on Plan 40M -18396 back to Gay Family Partnership, subject to the applicant
bearing all costs associated with the preparation and registration of the transfer
documents.
Respectfully submitted,
C] r 0'a- �,S) ,�,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
LT *FW *km
April 10, 1997
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
ff IN
VA0100 WOOMWO WIVA
ATTACHMENT #1
•
ign
....... ....
............
�z "gz
OP
11 A
315 SQ. mETRES
TO BE CONVEYED
694