HomeMy WebLinkAboutCLD-022-08Clarington
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Staff Report ~F 1
REPORT
CLERKS DEPARTMENT
Meeting: COUNCIL
Date: Monday, July 14 2008
Report #: CLD-022-08 File #:
By-law #:
Subject: PHOENIX TRANSPORTAION PROPERTY CONCERNS
RECOMMENDATIONS:
It is respectfully recommended to Council:
THAT Report CLD-022-08 be received for information; and
2. That the interested parties listed in this report be advised of Council's decision..
Submitted bye:
Municipal Clerk
CAG*LC
I
P I .Barre CMO
Reviewed by: ~ U ~-' `~ " '"~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: CLD-022-08
PAGE 2
1.0 BACKGROUND
At the meeting held on Monday July 7th of this year Committee heard a delegation from
Joanne McQuaid on behalf of Archie Groth manager of Phoenix Transportation
concerning a property located at 120 Princess Street in Orono requesting Council to
extend the deadline for compliance with a notice issued by the Municipal Law
Enforcement Division. This property was formally the Ministry of Natural Resources'
tree nursery and is currently used by Phoenix Transportation as a School bus
transportation depot.
Phoenix has been operating from this location for at least 5 years. The company stores,
services and dispatches school buses from this location for both the public and separate
school boards. The property is currently zoned Agricultural. In order to lawfully
operate from this location the property needs to be zoned M2 Industrial.
On June 4th of this year staff of the Municipal Law Enforcement Division received a
complaint regarding increased bus traffic on Squair Road which is near the southern
exit of the property. Subsequent investigation revealed numerous buses parked on the
property and a large garage where the vehicles were being serviced. All the buses bear
the Phoenix Transportation logo. Staff spoke to the Manager Archie Groth concerning
the operation in his on-site office.
Mr. Groth was advised of the complaint and verbally notified of the permitted uses for
the property. This was followed up on June 20, 2008 with a letter sent registered mail to
the owner of the property. The owner is 2130543 Ontario Inc. and is based in Toronto.
The owner was advised that the zoning for the property does not permit the
transportation services business currently operating there, and that the owner has to
resolve the matter. The owner can either submit the necessary paperwork to
appropriately rezone the land or remove the current tenants. A compliance deadline
was set for August 25th of this year.
In determining compliance dates staff take a number of factors into consideration. The
first is the amount of time and effort it will take the owner to bring a property into
compliance. This will vary greatly from case to case. On a more subjective level is the
apparent willingness for the Subject of the investigation to co-operate with staff to
resolve the matter. If it is apparent that the Subject is willfully delaying and avoiding
responsibility staff may not be as receptive to extending deadlines.
In this case there was an effort on the part of the Subjects, Phoenix Transportation, to
resolve the matter. However being that Phoenix are the tenants and not the owners of
the land they could not force the owner to rezone. This has left Phoenix with only one
alternative; moving.
The Subjects have stated that the summer months are their busiest time since they are
hiring and training new staff and refurbishing all the buses for the coming school year.
REPORT NO.: CLD-022-08 PAGE 3
They have also retained the services of a real estate agent to find a new and
appropriately zoned property for them.
It should also be noted that had the owner been willing to submit for a rezoning of the
land, Staff would stand down enforcement of the By-law pending the outcome of the
rezoning process.
2.0 CONCLUSION
Given the level of co-operation shown by Mr. Groth staff would not oppose an extension
of one year for the Subjects to vacate the property.
List of interested parties to be advised of Council's decision:
1. Phoenix Transportation
2. 2130543 Ontario Inc.
Phoenix Transportation
(A Division of 1429634 Ontario Limited)
762 Jasmine Crescent, Oshawa, Ontario, L1G 3C3
Phone: 905-697-0503 / 877-526-7536 • Fax: 905-697-0561
Juiy 7, Zoos
Mayor Jim Abernethy
Members of Council
Municipality of Clarington
I am sorry I'm not there to talk to you in person. I had booked my vacation to Nova
Scotia before I knew I would have to vacate my work premises. I have asked my secretary,
Joanne McQuaid to deliver this letter to you and I can also be reached on m}' cell phone at
905-242-0755.
I accept the fact that I have to leave and I have no argument with that fact. All I ask
is that you could perhaps consider giving me a twelve-month extension. I know that seems
rather a long time but with the size of my business, it will be a real hardship to leave by
August 25~', 2008 with school start up on September 2"`', 2008.
I hope by telling you a little about my business that you can understand the
predicament I am in, as the upkeep of my buses is on a daily basis and I can't allow this to
fall behind schedule.
The safety of school buses and the safety of the children riding them are of the
utmost importance to school bus operators.
School board polity requires my mechanics to check each bus front to back, to repair
inside and out and to clean and repair all buses on an ongoing basis. Also prior to September
school startup all annual emission test, annual license renewals and annual safety inspections
have to be completed.
In the office during July and August, our daily workload consist of setting up and
monitoring summer school routes, camp runs and senior citizen charters. In August we
receive our school routes from the school board for the new school year, beginning
September 2"'. T7~is involves calling in our driver to the office to go over their routes and
review company and board policies and procedures so that school start up will proceed
smoothly.
I have talked to Royal La Page Real Estate agent, John Shxewchuck, about my
predicament and he is looking fox a location fox me. It is hard to find something suitable fox
the size of my business, but I have no doubt something will turn up.
My hope is that my business can continue to run uninterruptedly, while the transition
process to a new place of business is taking place. 'I'Ivs is my livelihood and I hope you can
understand that it will be a real hardship to leave these premises by August 25s', 2008. If this
happens I really don't know what I will do or where I can go.
I hope you see fit to extend my stay at this location.
Respectfully
Archie Gtoth