HomeMy WebLinkAboutPD-027-01
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File# HI2-
Res. # (;IIJ- /!p/-{) /
Report #:
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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
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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.
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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
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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.
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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
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/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
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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