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HomeMy WebLinkAboutPD-027-01 t.., ' .:r:! THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# HI2- Res. # (;IIJ- /!p/-{) / Report #: I I PD-027-01 File #: PLN4.2 I By-law # PROPOSED ROGERS AT&T TELEC1. MMUNICATIONS TOWER OSHAWA VIKINGS RUGBY CLUB HOLT ROAD NORTH OF TAUNTON ~OAD PART LOT 21, CONCESSION S, FORNfER TOWNSHIP OF DARLINGTON FILE NO.: PLN 4.2 I I I I It is respectfully recommended that the General prose and Administration Committee recommend to Council the following: 1. THAT Report PD-027-01 be received for information. I I I I Mr. Chris McKee, President of the Oshawa Vik ngs Rugby Club addressed Council at their February 26,2001 meeting regarding the de elopment potential of their property on Holt Road, west of Hampton. He indicated that he Oshawa Rugby Club purchased the land west of Hampton in 1987. The property w zoned "Agricultural Exception (A-I)". The club submitted a rezoning application which as denied by Council. Monday, March 26, 2001 Date: Subject: Recommendations: 1. BACKGROUND 1.1 Last year, Rogers AT&T approached the Clu to purchase the property to build a telecommunications tower. Rogers AT&T did t receive favourable support from the Municipality for such an application. Mr. Mc ee expressed frustration in owning a property that they cannot use or sell. He subse uently requested that staff review the proposal of Rogers AT&T. 609 " REPORT PD-027-0l PAGE 2 1.2 In addition to Mr. McKee's presentation, Mr. Glenn Elliott of Elliott & Hughes submitted on behalf of the Oshawa Rugby Club a letter requesting Council's assistance in obtaining a building permit for Rogers AT&T to construct the telecommunications tower. Mr. Elliott acknowledged that Rogers AT&T was prepared to completely indemnify the Municipality with respect to the use of the Holt Road unopened road allowance north of Taunton Road. Mr. Elliott was of the opinion this offer adequately protects the Municipality against any liability with respect to the use of the road. 1.3 Council in light of Mr. McKee's presentation and Mr. Elliott's submission approved a resolution that the delegation of Mr. McKee be referred to staff for review and report. 2. STAFF COMMENTS 2.1 Planning staff have had various communications with Rogers AT&T with respect to the submission of a site plan application for a telecommunications tower on the subject lands. Rogers AT&T have been informed that since the subject site is not located on a road which is improved and maintained year round, the Municipality's Zoning By-law does not permit the erection of a building or structure. Accordingly, site plan approval could not be considered. 2.2 The Clarington Public Works Department confirmed that the subject property is located on a section of Holt Road that is both unopened and umnaintained. Municipal Policy for Entrances states that an entrance permit cannot be granted for access to or egress from either an umnaintained road or an unopened or unimproved road. The Municipality's risk for liability could increase when vehicles utilize roads that are not properly maintained. 2.3 With respect to the indemnification proposal offered by Rogers AT&T, the Municipality's solicitor has indicated this does not shield the Municipality of liability in the event of an occurrence from the use of this road. 610 ',. REPORT PD-027-01 PAGE 3 3. CONCLUSION 3.1 In order to permit the development of the subject property, the Oshawa Vikings Rugby Club would be required to file the rezoning application. The question of access to an improved public street would have to be addressed through any applications filed. Respectfully submitted, Reviewed by, O~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer BR *LDT*DJC*cc March 19,2001 Attachment 1 - Attachment 2 - Map of Area Elliott Hughes correspondence Interested parties to be notified of Council and Committee's decision: Chris McKee President Oshawa Rugby Club 1026 King Street Whitby, Ontario LlN 5A5 Glenn Elliott 106 Stevenson Road South Oshawa, Ontario LlJ 5Ml 611 . A~'\ /'fr-<;) , /~O ' ~... f:J~ ATTACHMENT 1 ~,.../I Ii I' I 1-'!HljlL_rlJJ.. ~ i I bJl ~ I ." .. ,I 0 I l- . Z I :::l , I <C I I I- ~ " I I, ... ,,.:c I~l:l ~",liJ>- ~l3~1 ",oqO ' rl (f) I- a (f) ...J ::!! C <C a w a a: s: lii Il / I I- U mfO~ l10H " .., [QW ;:)1- (l)C;; ~.~~ . 6U /21/01 17:14 FAX 905 571 i706 ELLIOTT & HUGHES ATTACHMEINT 2 01 ELLIOTT & HUGHES BARRISTERS - soucrroRS _ NOTARlES ] 06 S~son Road SOlltb ~hawa, Onbsrio Lll SMI Glenn Elliott, B.A., LLB. Jayne E. Hughes. BA. LL.B. Practising in associari<m (not a pannenhip) OIthawa (905)57l~1774 ToU free 1..s".272~5220 Fax (905) 571.7706 21 February, 2001 DELIVERED BY FAX TO: 623-4169 The Clerk of the Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1 C 3A6 Dear Sir or Madam: RE: Proposed Rogers Wireless Tower Installation at 5070 Holt Road. Hampton I act tor the Oshawa Rugby Club, the owners of the above-mentioned property who have given consent to Rogers AT & T Wireless to attempt to obtain a building permit to install a tower on the Rugby team's property. We understand that this building permit was turned down notwithstanding that Rogers AT & T Wireless was prepared to completely indemnify the Town with respect to their use of the unopened road allowance of Holt Road north of Taunton for their monthly maintenance of the tower facility. We feel that this adequately protects the Town against any liability with respect to the use of the road allowance and therefore we are asking that this issue come before the council meeting on February 26th in order to address council with respect to directing the 613 / 1/01 17 :_~\ 905 571 i70.6 ELLIOTT & HUGHES Iill002 -2- staff of the Town to issue a building permit to Rogers Wireless as they have requested. ELL! GL-E N ELLIOTT GF 614