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HomeMy WebLinkAboutCLD-022-08Clarington Leading the Way 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