HomeMy WebLinkAboutPSD-038-16 AddendumPlanning Services
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Municipal Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: October 24, 2016
Addendum to
Report Number: PSD-038-16
File Number: ZBA 2016-0005
Resolution Number:
By-law Number:
Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties
Fronting on Tooley Road in Courtice
Recommendations:
1.That Addendum to Report PSD-038-16 be received;
2.That the Zoning By-law Amendment be approved as contained in Attachment 2 of
Addendum to Report PSD-038-16;
3.That the Durham Regional Planning and Economic Development Department be
forwarded a copy of Addendum to Report PSD-038-16 and Council's decision; and
4.That all interested parties listed in Report PSD-038-16 and this Addendum Report
PSD-038-16 and any delegations be advised of Council’s decision.
Municipality of Clarington
Addendum to Report PSD-038-16 Page 2
Report Overview
This addendum report brings forward a recommended Zoning By-law for the subject
portion of Tooley Road. Staff have made changes to the proposed By-law to address
concerns expressed at the May 24, 2016 Council meeting.
1. Background
1.1 At the May 16, 2016 Planning and Development Committee meeting, staff brought
forward a recommendation report for the municipally initiated zoning by-law
amendment for Tooley Road. Three delegations addressed the Committee
regarding this report. Committee approved the zoning amendment and added a
special exception permitting a narrower 14.5 metre frontage for the southerly 14.8
metres of 3270 Tooley Road.
1.2 At the May 24, 2016 Council meeting, two additional delegations addressed
Council. In addition, three correspondence items were received on this matter.
Concerns were raised with respect to the proposed adjustments to the
Environmental Protection (EP) Zone limits on the east side of Tooley Road.
Ultimately, Council did not approve the by-law amendment and referred the matter
back to staff to consult with Rob and Nora Blaauw (the Blaauw’s) and consider the
correspondence items received.
2. Discussion
2.1 The proposed changes to the Zoning By-law implement the Council resolution
from February 8, 2016 in response to comments from residents of Tooley Road to
permit single detached dwellings on larger lots with greater setbacks. It also
implements the 2016 Worden East Neighbourhood Design Plan by allowing for a
medium density block near the future intersection of Tooley Road and Adelaide
Avenue. As part of the rezoning of the subject area, the Environmental Protection
exception zone limits would be adjusted to match the Natural Heritage System on
Map C of the current Official Plan and the most recent information from Central
Lake Ontario Conservation Authority (CLOCA).
Kahraman Exception
2.2 In July, the Land Division Committee approved an application by Dan Kahraman at
3270 Tooley Road to create a 15.0 metre wide frontage, single detached dwelling
lot and retain a 19.4 metre frontage lot with the existing dwelling. This severance
negates the need to recognize a 14.8 metre frontage lot as originally considered
by Committee.
Municipality of Clarington
Addendum to Report PSD-038-16 Page 3
Blaaw Property
2.3 Since the May 24, 2016 Council meeting, staff have met with the Blaaw’s and
walked their property together with CLOCA staff to determine development limits
for a potential severance. The Blaauw’s have an application before the Durham
Land Division Committee to sever one lot. It was approved with conditions on
October 17, 2016. We understand that the balance of their lands are under
contract to a developer.
Environmental Protection Zone
2.4 Staff have reviewed best practices used to provide flexibility in determining the
limits of an Environmental Protection zone. The policies of the Clarington Official
Plan require that an Environmental Impact Study, be submitted in support of a
development application where a natural heritage feature has been identified by
the Municipality, the Region, a Conservation Authority or the Province. The
purpose of this policy is to refine development limits based on the policies and
minimum buffers of the environmental feature(s) on the property.
2.5 Recognizing that this is an infill situation with existing lots and residences staff
have examined how some flexibility could be provided. In order to provide more
flexibility and minimize the need for future rezoning, the provisions of the
Environmental Protection Zone exception have been drafted to allow the zone
boundary to follow the recommendations of required studies or evaluation. This
will continue to extend protection to identified natural heritage and hydrological
features, where necessary, while recognizing that lands beyond the feature and
buffer can be developed without the need for a zoning by-law amendment.
Specifically, the proposed by-law states that: “The boundary of the EP-20 zone
may be refined after consultation with the appropriate Conservation Authority”.
2.6 The scope of the study or evaluation will be determined based on the scale of the
proposed development and proximity to and/or significance of the feature and the
extent of the proposal. Where the proposed development is within or adjacent to a
generally “undisturbed” portion of a natural heritage and/or hydrologically sensitive
feature and includes, for example, the creation of new lots, the required study or
evaluation may need to be conducted by a qualified person to the satisfaction of
the Municipality. W here the proposed development is relatively minor (e.g.
accessory building, swimming pool) the Municipality will contact CLOCA to arrange
a site visit to determine the need and scope of the study and alternatively whether
the impacts can be addressed in the field.
3. Concurrence
Not Applicable
Municipality of Clarington
Addendum to Report PSD-038-16 Page 4
4. Conclusion
While it is difficult to draw a precise line without detailed field information, the
proposed approach provides for flexibility implementing the zoning of natural
heritage and hydrologic features. Staff are proposing the attached by-law which
addresses both the concerns of environmental protection and require reasonable
development in an infill situation that may otherwise require rezoning. The
proposed Zoning By-law for the Tooley Road area represents good planning and
staff recommend that it be passed.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO
Director of Planning Services Interim CAO
Staff Contact: Mitch Morawetz, 905-623-3379 ext. 2411 or mmorawetz@clarington.net
Attachments:
Attachment 1 PSD 038-16 and Attachments
Attachment 2 Proposed Zoning By-law Amendment
List of interested parties to be notified of Council's decision is on file in the Planning
Services Department.
CP/MM/df/tg
I:\^Department\LDO NEW FILING SYSTEM\Application Files\ZBA Zoning\2016\ZBA2016-0005 Tooley Road\Staff Report\Addendum to PSD-038-16.docx
Planning Services
If this information is required in an alternate accessible format, please contact the
Municipal Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: May 16, 2016
Report Number: PSD-038-16 Resolution Number:
File Number: ZBA 2016-0005 By-law Number:
Report Subject: Municipally-Initiated Zoning By-law Amendment for Properties
Fronting on Tooley Road in Courtice
Recommendations:
1.That Report PSD-038-16 be received;
2.That the Zoning By-law Amendment be approved as contained in Attachment 1 of
Report PSD-038-16;
3.That the Durham Regional Planning and Economic Development Department be
forwarded a copy of Report PSD-038-16 and Council's decision; and
4.That all interested parties listed in Report PSD-038-16 and any delegations be
advised of Council’s decision.
Municipality of Clarington
Report PSD-038-16 Page 2
Report Overview
The Municipality of Clarington is proposing to amend Zoning By-law 84-63 for lots
fronting onto Tooley Road between Nash Road and McLean Road. The amendment
would allow only single detached dwellings and require a minimum of 17 metres of
frontage per lot. The amendment also proposes a minimum front yard setback of 7
metres for all new dwellings. Further, the amendment would zone the lands near the
future intersection of Tooley Road and Adelaide Avenue to permit, in addition to single
detached dwellings, linked townhouses on a development block of at least 1 hectare in
size.
1. Proposed Rezoning
1.1. Proposal: The Municipality of Clarington is proposing to amend the
Zoning By-law for lots fronting onto Tooley Road by
allowing only single detached dwellings and requiring a
minimum of 17 metres of frontage per lot. The
amendment also requires a minimum front yard setback of
7 metres for all new dwellings.
Furthermore, lands near the future intersection of Tooley
Road and Adelaide Avenue would permit, in addition to
single detached dwellings, linked townhouses on a
development block of at least 1 hectare in size, subject to
the typical development approval process.
1.2. Location: All properties with frontage on Tooley Road in Courtice
from Nash Road to McLean Road (future extension of
Adelaide Avenue) with the exception of the lands that
were part of application ZBA 2015-0002 (by H&H
Properties Inc.).
1.3. Within Built Boundary: Most of the properties fronting on the subject portion of
Tooley Road are within the Built Boundary. The exception
are those properties north of and including 3398 Tooley
Road on the west side of the road only.
2. Background
2.1 In 2015, H & H Building Corp. submitted development applications for lands on the
west side of Tooley Road. As a result of residents’ concerns with this development
proposal and future development within the neighbourhood, staff undertook a
review of the Worden East Neighbourhood Design Plan in 2015.
Municipality of Clarington
Report PSD-038-16 Page 3
2.2 The residents for the most part understand that development on Tooley Road is
inevitable yet want to ensure that the character of their street is maintained.
Protection of the natural environment, maintaining larger lots and allowing homes
with greater setbacks from Tooley Road to maintain ‘green’ along the frontage
rather than a ‘wall’ of garages and driveways were important to the residents.
2.3 At the Council meeting of February 8, 2016, Clarington Council approved a
resolution that supported the revised Worden East Neighbourhood Design Plan
and that authorized Staff to “initiate an amendment to the Zoning By-law to permit
only single detached dwellings with greater lot frontages and setbacks in the
Urban Residential Type One (R1) Zone, fronting on Tooley Road with the
exception of the medium density area, which would be rezoned to an appropriate
zone”.
3. Provincial Policy
3.1 Provincial Policy Statement
The Provincial Policy Statement encourages planning authorities to create healthy
liveable and safe communities by accommodating an appropriate range and mix of
residential; employment; recreation, park and open space; and other uses to meet
long term needs. The proposal is consistent with the Provincial Policy Statement,
as it is consistent with healthy, livable and safe communities by accommodating an
appropriate mix of residential dwelling types and is sensitive to the characteristics
of the neighbourhood.
3.2 Provincial Growth Plan
The Provincial Growth Plan encourages municipalities to manage growth by
directing population growth to settlement areas such as the Courtice Urban Area.
Municipalities are encouraged to create complete communities that offer a mix of
land uses, employment and housing options, high quality open space, and access
to stores and services. The subject area is mainly within the Built-up Area of the
Growth Plan, with the exception of some of the medium density lands at the north
end of the subject area. The Growth Plan includes policies to direct development
to settlement areas, and provides direction for intensification targets within Built-up
Areas. The proposal provides opportunities for intensification within an existing
residential area and is consistent with the Growth Plan.
4. Official Plans
4.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands as Living Areas
and Major Open Space. Lands designated as Living Areas permit the
Municipality of Clarington
Report PSD-038-16 Page 4
development of communities with defined boundaries, incorporating the widest
possible variety of housing types, sizes and tenure to provide living
accommodations that address various socio-economic factors. The proposed
change is consistent with the Living Areas designation. Lands designated Major
Open Space are to be conserved, which the proposed change will also
accomplish.
4.2 Clarington Official Plan
This neighbourhood is designated Urban Residential and Environmental Protection
Area with a medium density symbol at the north end of the subject area on the
west side of Tooley Road. The lands are within the Worden Neighbourhood,
which has a population allocation of 3900 and a housing unit target of 1300,
including 85 medium density units and 50 units for intensification.
The Urban Residential designation allows a (low) density of 10 to 30 units per net
hectare with the predominant form of housing being single and semi-detached
dwellings. The area of the neighbourhood with the medium density symbol allows
a density of 31 to 60 units per net hectare with the predominant form of housing
being townhouses, low rise apartments and mixed use developments.
Tooley Road is a collector road with a sidewalk planned on the west side of the
road.
The revised Worden East Neighbourhood Design Plan was approved February 11,
2016 in harmony with the Clarington Official Plan, as amended.
5. Zoning By-law
Zoning By-law 84-63 zones the subject lands “Urban Residential Type One (R1)”
Zone, which permits single detached dwellings on 15 metre (minimum) lots and
semi-detached or linked dwellings on 18 metre (minimum) lots. The current front
yard setback is 4.5 metres to the dwelling and 6 metres to the garage or carport.
6. Public Notice and Submissions
6.1 The Public Notice was given by mail to landowners within 120 metres of the
subject lands in accordance with the Planning Act. The notice also advised of a
Public Information Centre on April 12, 2016 at White Cliffe Terrace Retirement
Residence in Courtice.
6.2 The Statutory Public Meeting was held on April 25, 2016, at the Planning and
Development Committee meeting. Staff provided a presentation on the proposed
zoning changes. No one spoke in support of or opposition to the proposal.
Municipality of Clarington
Report PSD-038-16 Page 5
6.3 Staff received numerous comments leading up to the Statutory Public Meeting. A
number of individuals who live on Tooley Road have commented on the proposal.
No additional comments have been received since the Statutory Public Meeting.
6.4 The comments received are summarized below:
• Support for the proposed Zoning By-law changes;
• Concern from some residents regarding moving the Environmental Protection
zone boundary to match the current Environmental Protection Area designation
in the Official Plan;
• Concern with parking issues on Tooley Road;
• More green space and trails are needed in the area
• Keep the Environmental Study Area, identified on the Worden East
Neighbourhood Design Plan, as green space;
• Do not allow clear cutting of trees;
• Potential for legal non-conforming issues.
These comments were addressed in report PSD-029-16.
7. Agency Comments
Comments are outstanding from Central Lake Ontario Conservation and the
Region of Durham Planning Department.
8. Departmental Comments
Clarington Engineering Services concerns have been addressed through the
amendments to the Neighbourhood Design Plan.
9. Discussion
9.1 The proposed changes to the Zoning By-law implements the Council resolution in
response to comments from residents of Tooley Road to permit single detached
dwellings on larger lots with greater setbacks. As part of the rezoning of the
subject area, the EP zone limits are being adjusted to match the Environmental
Protection Area designation boundary as currently contained within the Clarington
Official Plan. Further adjustments to this boundary will be necessary with the
adoption of the updated Official Plan.
9.2 The proposed zoning changes do not affect the Environmental Study Area
identified on the Worden East Neighbourhood Design Plan with the exception of
the frontage of 3336 and 3362 Tooley Road, which is currently zoned R1 and
would continue to be zoned for residential purposes the same way as the lands to
the south.
Corporation of the Municipality of Clarington
By-law Number 2016-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for
ZBA 2016-0005;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12.4 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE ONE (R1)
ZONE” is hereby amended by adding thereto, the following new Special Exception
Zone 12.4.95 as follows:
“12.4.95 Urban Residential Exception (R1-95) Zone
Notwithstanding the provisions of 12.1, 12.2 b., c., d.i) and f. those lands zoned “R1-95”
on the Schedules to this By-law shall be subject to the following regulations:
a.Permitted Uses
i)A single detached dwelling
ii)A home occupation use in accordance with the provisions of Section 3.11 of
this By-law, save and except the retail sale of antiques, arts, crafts, or hobby
items.
b.Lot Frontage (minimum)
i)Interior 17 metres
ii)Exterior 20 metres
c.Yard Requirements (minimum)
i)Front Yard 7.5 metres to private garage
7 metres to dwelling
d.Lot Coverage (maximum)
i) Dwelling 40 percent
ii)Total of all buildings and structures 45 percent
2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is hereby
amended by adding thereto, the following new Special Exception zone 14.6.50 as follows:
“14.6.50 Urban Residential Exception (R3-50) Zone
Notwithstanding the provisions of 14.1, 14.2 and 14.3 those lands zoned “R3-50” on the
Schedules to this By-law shall be subject to the following regulations:
a. Permitted Uses:
i) A single detached dwelling
ii) A link townhouse dwelling
iii) A home occupation use in accordance with the provisions of Section 3.11 of
this By-law, save and except the retail sale of antiques, arts, crafts, or hobby
items.
b. Regulations for Single Detached Dwelling
i) Lot Frontage for single detached dwellings (minimum)
a) Interior 17 metres
b) Exterior 20 metres
ii) Yard Requirements (minimum)
a) Front Yard 7.5 metres to private garage;
7 metres to dwelling
b) Interior Side Yard
(i) With an attached garage 1.2 metres
(ii) Without an attached garage 1.2 metres on one side,
4.5 metres on the other
c) Exterior Side Yard 4.5 metres
d) Rear Yard 7.5 metres
iii) Lot Coverage (maximum)
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iv) Dwelling Unit Area (minimum)
a) 1 storey or split level 85 square metres
b) 1 ½ or two storey 100 square metres
v) Landscaped Open Space (minimum) 30 percent
vi) Building Height (maximum) 10.5 metres
c. Regulations for Link Townhouse Dwelling
i) Lot Area (minimum) 1 hectare
ii) Unit Requirements
For the purpose of establishing regulations for each Link Townhouse
Dwelling Unit, the following specific regulations shall apply as if each unit is
located on a lot:
a)Lot Area (minimum)180 square metres
b)Lot Frontage (minimum) 6 metres
c)Lot Coverage (maximum)50 percent
d)Landscaped Open Space (minimum)30 percent
e)Yard Requirements (minimum)
(i)Front Yard
(a)Garage or carport 6.0 metres
(b)Dwelling 4.0 metres
(c) Porch 2.0 metres
(ii)Rear Yard 7.5 metres
(iii)Side Yard 1.5 metres
Nil where a building has a common wall with any
building on an adjacent lot in the same zone
f)Parking spaces shall not be located in the required yard between a
public street and Link Townhouse Dwelling Unit.
Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Type One (R1) Zone" to "Urban Residential Type One Exception
(R1-) Zone";
"Urban Residential Type One (R1) Zone" to "Urban Residential Type Three
Exception (R3-) Zone";
"Urban Residential Type One (R1) Zone" to "Environmental Protection (EP) Zone";
and
“(Holding) Urban Residential Type One ((H)R1) Zone” to “Environmental Protection
(EP) Zone”
as illustrated on the attached Schedule ‘A’ hereto.
Schedule ‘A’ attached hereto shall form part of this By-law.
This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk
Attachment 2 to
Municipality of Clarington Addendum to Report PSD-038-16
Corporation of the Municipality of Clarington
By-law Number 2016-______
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the
Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2016-0005;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 12.4 “SPECIAL EXCEPTIONS – URBAN RESIDENTIAL TYPE ONE (R1)
ZONE” is hereby amended by adding thereto, the following new Special Exception
Zone 12.4.95 as follows:
“12.4.95 Urban Residential Exception (R1-95) Zone
Notwithstanding the provisions of 12.1, 12.2 b., c., d.i) and f. those lands zoned “R1-
95” on the Schedules to this By-law shall be subject to the following regulations:
a. Permitted Uses
i) A single detached dwelling
ii) A home occupation use in accordance with the provisions of Section 3.11
of this By-law, save and except the retail sale of antiques, arts, crafts, or
hobby items.
b. Lot Frontage (minimum)
i) Interior 17 metres
ii) Exterior 20 metres
c. Yard Requirements (minimum)
i) Front Yard 7.5 metres to private garage
7 metres to dwelling
d. Lot Coverage (maximum)
i) Dwelling 40 percent
ii) Total of all buildings and structures 45 percent”
2. Section 14.6 “Special Exceptions – Urban Residential Type Three (R3) Zone” is
hereby amended by adding thereto, the following new Special Exception Zone
14.6.50 as follows:
“14.6.50 Urban Residential Exception (R3-50) Zone
Notwithstanding the provisions of 14.1, 14.2 and 14.3 those lands zoned “R3-50”
on the Schedules to this By-law shall be subject to the following regulations:
a. Permitted Uses:
i) A single detached dwelling
ii) A link townhouse dwelling
iii) A home occupation use in accordance with the provisions of Section
3.11 of this By-law, save and except the retail sale of antiques, arts,
crafts, or hobby items.
b. Regulations for Single Detached Dwelling
i) Lot Frontage for single detached dwellings (minimum)
a) Interior 17 metres
b) Exterior 20 metres
ii) Yard Requirements (minimum)
a) Front Yard 7.5 metres to private garage
7 metres to dwelling
b) Interior Side Yard
(i) With an attached garage 1.2 metres
(ii) Without an attached garage 1.2 metres on one side
4.5 metres on the other
c) Exterior Side Yard 4.5 metres
d) Rear Yard 7.5 metres
iii) Lot Coverage (maximum)
a) Dwelling 40 percent
b) Total of all buildings and structures 45 percent
iv) Dwelling Unit Area (minimum)
a) 1 storey or split level 85 square metres
b) 1 ½ or two storey 100 square metres
v) Landscaped Open Space (minimum) 30 percent
vi) Building Height (maximum) 10.5 metres
c. Regulations for Link Townhouse Dwelling
i) Lot Area (minimum) 1 hectare
ii) Unit Requirements
For the purpose of establishing regulations for each Link Townhouse
Dwelling Unit, the following specific regulations shall apply as if each unit is
located on a lot:
a) Lot Area (minimum) 180 square metres
b) Lot Frontage (minimum) 6 metres
c) Lot Coverage (maximum) 50 percent
d) Landscaped Open Space (minimum) 30 percent
e) Yard Requirements (minimum)
(i) Front Yard
(a) Garage or carport 6.0 metres
(b) Dwelling 4.0 metres
(c) Porch 2.0 metres
(ii) Rear Yard 7.5 metres
(iii) Side Yard 1.5 metres, Nil where a
building has a common
wall with any building
on an adjacent lot in the
same zone.
f) Parking spaces shall not be located in the required yard between a
public street and Link Townhouse Dwelling Unit.”
3. Section 5.2 “Special Exceptions – Environmental Protection (EP) Zone” is hereby
amended by adding thereto, the following new Special Exception Zone 5.2.20 as
follows:
“5.2.20 Environmental Protection Exception (EP) Zone
Notwithstanding Section 5.1, those lands zoned EP-20 on the Schedules to this
By-law shall be subject to the following regulations:
a. Permitted Uses:
i) Conservation
ii) Flood and erosion control works
b. Zone Regulations:
i) The boundary of the EP-20 zone may be refined without amendment
to the Zoning By-law, after consultation with the appropriate
Conservation Authority.
ii) An Environmental Impact Study or Natural Heritage/ Hydrologic/
Geotechnical Evaluation may be required in order to determine the
extent to which the boundary of the EP-20 zone can be refined in
accordance with the Clarington Official Plan.
iii) Where the EP-20 zone boundary is refined, lands determined to be
developable within the boundary of the EP-20 zone shall be subject to
the regulations of the adjacent zone.”
4. Schedule ‘4’ to By-law 84-63, as amended, is hereby further amended by changing
the zone designation from:
"Urban Residential Type One (R1) Zone" to "Urban Residential Type One
Exception (R1-95) Zone";
"Urban Residential Type One (R1) Zone" to "Urban Residential Type Three
Exception (R3-50) Zone";
"Urban Residential Type One (R1) Zone" to "Environmental Protection Exception
(EP-20) Zone"; and
“(Holding) Urban Residential Type One ((H)R1) Zone” to “Environmental Protection
(EP) Zone”
as illustrated on the attached Schedule ‘A’ hereto.
5. Schedule ‘A’ attached hereto shall form part of this By-law.
6. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
By-Law passed in open session this _____ day of ____________, 2016
____________________________
Adrian Foster, Mayor
____________________________
C. Anne Greentree, Municipal Clerk