HomeMy WebLinkAboutApril 10, 2000AGENDA
EXECUTIVE COMMITTEE
MEETING
C~..t! OF PlO~
AGENDA
EXECUTIVE COMMITTEE MEETING
MONDAY, APR/L 10, 2000
7:30 P.M.
CHA/RMAN: Councillor Dickerson
(I)
MINUTES
Regular Meeting of March 27, 2000
(II)
MATTERS FOR CONSIDERATION
PAGE
o
PLANNING & DEVELOPMENT REPORT #l 6/00
REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION 99-004/D
PICKERING OFFICIAL PLAN AMENDMENT APPLICATION 99-003/P
ZONING BY-LAW AMENDMENT APPLICATION A 1/99
M. & R. GUY
PART OF LOTS A & 1, CONCESSION 9
(5240 LAKE RIDGE ROAD~ NORTH OF REGIONAL ROAD 5)
1-73
OPERATIONS & EMERGENCY SERVICES REPORT #02-00
O. J. ML~LER LANDSCAPE CONTRACTOR LTD.
LEASE AGREEMENT
Deferred from the March 27th Executive Meeting
74-88
LEGAL REPORT #11A/O0
STREAMLINT~ {r~JF A]"J]~a~rIM-~T'l~ A'fq't~XT t'~g' "o"or~'~/,-r,kTrn¥ A 1' t'"xlr:rrn-r~ .....
89-98
-2-
LEGAL REPORT #17/00
NUTHATCH STREET
STREET NAME CHANGE
PART LOT 20, CONCESSION 8, PICKERING, DESIGNATED AS PART
5 ON PLAN 40R-18149 AND PART 7 ON PLAN 40R-17520
99-102
o
PROCLAMATION
"COMPOSTING AWARENESS WEEK 2000" - APRIL 30 - MAY 6, 2000
"NATIONAL KIDS' DAY - JUNE 10, 2000
103-105
(III)
OTHER BUSINESS
ADJOURNMENT
REPORT NUMBER PD 16-00
0 0 4 Subject: Regional Official Plan Amendrnent Application 99-004/D
Date: April 4, 2000
Page 3
BACKGROUND:
1.0
1.1
Public Meetings
Pickering's Public Meeting
A Public Information Meeting was held by Picketing on June 17, 1999 for the proposed
Zoning and Picketing Official Plan Amendments. Information Report No. 13-99, which
summarized the applicants' proposal and outlined the issues and comments identified
through circulation of the applications to that date, was prepared fi>r the Public Information
Meeting. The text of the Information Report is provided for reference (see
Attachment #21).
At the Public Information Meeting, the owners' Planning Consultant, Mr. Bob Martindale;
commented on the Information Report and listed the studies being undertaken. At the
meeting a member of both "Save the Rouge" and "Save the Oak Ridges Moraine"
organizations indicated opposition to the amendments, and one other individual questioned
the timing of submission and public hearings of the various applications to the City and
Region. The minutes of the public meeting are included as Attachment #20 to this Report.
1.2 Durham Region's Public Meeting
A Public Meeting was held by Durham Region on June 8, 1999 regarding the proposed
Regional Official Plan Amendment. At this meeting, the Regional Planner outlined the
proposed amendment, and the owners' consulting team, including Planning and
Hydrogeological Consultants, Golf Course Designer, and Solicitor responded to questions.
Public representations were made from: a previous owner of the subject property who
spoke about a draft plan submission made a decade earlier which was never approved; a
Picketing resident who questioned the status of the northerly-abutting golf course operation
as shown on the location sketch provided; and the westerly-abutting landowner who
indicated that the gravel pit had not been abandoned as noted on the location sketch. The
Region's staff Report and minutes from their public meeting are included as
Attachments #18 and #19 to this Report.
2.0
2.1
Additional Information
Agency Comments
The following comments were received after the preparation of the Information Report, and
are included with this Report as Attachments #12 to #17:
The Ministry of the Environment (MOE) issued a temporary Permit to Take Water
(PTTW) for irrigation of the golf course from groundwater sources valid from
July 16, 1999 until October 31, 2000 with the understanding that the owners could
apply to renew the permit once in receipt of all the required land use approvals; MOE
REPORT NUMBER PD 16-00
Subject: Regional Official Plan Amendment Application 99-004/D
Date: April 4, 2000
Page 4
cannot be issued until additional information is provided, including the possible
location of a stream, alternative archaeological site locations on the same property, the
handling of areas not impacted by golf course construction, and site plan information;
The Central Lake Ontario Conservation Authority (C£OCA) provided additional
comments reiterating their suggestion that decisions on the applications be deferred
until the required Environmental Impact Study (EIS) has been completed to the
satisfaction of the approval agencies; regarding the local and regional official plan
amendments, after having reviewed the completed EIS, CLOCA feels that the
applications as submitted and the site as developed do not and cannot satisfy the intent
of the Provincial Policy Statement due to the site alteration; they note that the resulting
impacts, and the golf course use itself, are unacceptable; however, they acknowledge
that the EIS has demonstrated that an Environmental Management Plan (EMP) could
prevent continuing impacts and restore much lost function; CLOCA supports the
concept of the establishment of conservation easements on the property referred to in
the EIS, and will pursue this with the owners in order to maintain forest management in
perpetuity; CLOCA recommends that, based on the EIS, the golf course use would
appear to be supportable with appropriate mitigation, subject to their approval of the
resulting EMP prepared as a condition of approval; CLOCA indicates that
consideration of a zoning by-law be deferred until the required EMP has been prepared
which will determine more exactly the limits between areas suitable for golf course
activity, and those for forest preservation and restoration, and for conservation
easement limits;
The Town of Whitby indicates that there is a concern with potential impacts of the golf
course on surface water drainage and groundwater flows in relation to the Lynde Creek
watershed, located primarily within Whitby's Town limits, and recommends that a
stormwater management plan be prepared in order to determine consistency with their
Water Resource Management Strategy; suggests that the ensuing development
agreement require well monitoring of wells on properties located along the east side of
Lake Ridge Road in Whitby; further suggests that the expected impact of herbicides
should also be addressed in the EIS; and notes that a water-taking permit would be
required from MOE for the ground water supply proposed;
The Town of $cugog Council passed a resolution suggesting that Picketing consider
requiring the owners to develop a Turf M0nagement Program addressing certain factors,
and that irrigation water be drawn from captured surface water - not drilled wells;
Canadian Pacific Railway (CPR) have reviewed their earlier fencing requirement and
advise that the 1.83-metre-high chain link fence now need only be located at the green
area of the driving range, leaving, the remainder of the mutual boundary with CPR
separated by existing farm fencing, trees and brush; they indicate further, however, that
should problems arise they reserve the tight to direct the owners to provide the full
fencing requirements at the owners' expense;
· TransCanada Pipelines has no objection to the proposal.
REPORT NUMBER PD 16-00
0 0 6 Subject: Regional Official Plan Amendment Application 99-004/D
Date: April 4, 2000
Page 5
version, incorporating editorial comments, dated April, 2.000 is anticipated to be
received by mid-April];
Gartner Lee was retained by the Region to prepare an Environmental Impact
Study (EIS), as follows: identify and evaluate the natural heritage features and
functions present before site alteration for golf course development; determine the
extent to which natural heritage features have been impacted by site alteration;
determine whether identified impacts can be mitigated and restored; and assess
whether rehabilitation will provide for the re-establishment of the natural heritage
values previously present on the site (see section 3.3 of this Report for a summary
of results of the EIS);
Planning Analysis, prepared, by R. Martindale, March 20, 2000;
This analysis argues that the golf course meets the intent of the goals, objectives
and policies of the Pickering Official Plan; and will provide an overall benefit tO ·
the community by providing an environmentally-friendly outdoor recreational
facility which is currently in demand, and compatible with its surroundings;
Agricultural Assessment, pn~pared by Toombs Consulting, Jtme 7, 1999;
This assessment determines that the site is exempt from the minimum separation
distance formula requirement from the northern swine operation due to the
number of non-farm uses located within the same distance; it also concludes the
majority of the soils are less than prime, the site is not considered farmland, and
there are no other impacting agricultural uses in the vicinity;
Stage 1 Archaeological Assessment of the Appleby Site (BaGs-l), prepared by
Archaeological Services Inc., December, 1999, and Archaeological Procedures letter,
December 16, 1999;
This Assessment indicates that, despite high archaeological potential being
identified for the site,, any evidence of the Appleby Site camp as registered in
1972 is undetectable now given the recent site alteration; therefore, the site may
be considered free of concern;
Environmental Management Plan, prepared by staff of the: Heather Glen Golf and
Country Club, March 20, 2000;
This Plan provides a composite picture of the principles intended to be addressed
through turf management, integrated pest management, natural heritage
rehabilitation, forest regeneration, storm water management, sediment and erosion ·
control, and a monitoring program.
3.0 Discussion
3.1 Site Status
The current owners purchased the subject property in July, 1996 as their primary residence.
Aerial photography taken April 26, 1997 (see Pre-Alteration Vegetation aerial photograph
in Attachment #4~ demnn,qtmte:~ that the .qite had been tree-covered tn an e~qtimated 40 ncr
REPORT NUMBER PD 16-00
Subject: Regional Official Plan Amendment Application 99-004/D
Date: April 4, 2000
Page 6
permit a semi-private golf course. They indicated their original intention and reason for
site alterations was to create a golf course for the personal use of their family and friends
only.
3.2 Official Plan Policy Framework
Both the Durham Regional and Picketing Official Plans establish broad land use
designations for their rural areas but permit consideration of golf courses, by amendment to
the Plans, subject to demonstrating compliance with a number of criteria.
The site is designated "Oak Ridges Moraine" within the "Major Open Space System"
through the Durham Regional Official Plan. Lands within this designation are restricted to
conservation, recreation, reforestation and agricultural uses, but golf courses are permitted
only by site specific amendment to the Plan. In light of the unique attributes of the Oak
Ridges Moraine, the Region requires that this amendment to the Regional Plan to permit a
golf course be subject to the results of an environmental impact study (EIS) conducted by
an appropriate consultant retained by the Region, in consultation with the City, at the
expense of the applicants. In addition to the required EIS, the Regional Plan requires that
other criteria, such as environmental sensitivity, conformity with the Provincial rules
respecting agricultural operations and private servicing also be addressed, as are detailed
further in the text of the Information Report (see page 4 of Attachment #21).
Under the City's Official Plan, Council may consider uses, such as golf courses, in the
Rural Area by amendment to the Plan provided Council is satisfied that,
· through a Planning Analysis, the proposed use is an overall benefit to the City and is not
contrary to the goals, objectives and general purpose and intent of the Plan;
· through an Agricultural Report, the proposed use does not significantly adversely affect
the amount or quality of Class 1 - 3 agricultural lands, complies with the agricultural
minimum distance separation formulae, and cannot be accommodated on less significant
agricultural lands, in a hamlet or urban area; and
· through an Environmental Report, the proposed use will not adversely affect the quality,
or function of natural features and resources, including groundwater, and is energy
efficient and environmentally appropriate in terms of its water usage and sewage
disposal.
3.3 The Environmental Impact Study (EIS) __
In order to satisfy the requirements of both the Official Plans, an Environmental Impact
Study (ELS) was conducted for these applications. Gartner Lee was selected from several
consultants, hired by the Region, funded by the owners, and overseen by a Steering
Committee. The Steering Committee included representatives of the Region, City,
CLOCA, and owners.
The two-phase EIS identified and assessed the site before and after site alteration,
determined there had been impacts to significant natural heritage values, determined that
substantial restoration would be possible, and then set out a general plan of how to achieve
the appropriate site rehabilitation.
008
REPORT NUMBER PD 16-00
Subject: Regional Official Plan Amendment Application 99-004/D
Date: April 4, 2000
Page 7
stormwater and erosion also including integrated pest managernent and sediment control;
natural heritage rehabilitation including replanting of trees and other indigenous vegetation;
and monitoring of groundwater, vegetation regeneration, birds and amphibians. The
owners were helpful in identi(dng areas for rehabilitation. About 3.6 hectares of the site
are to be replanted to restore approximately 75 per cent of the original natural heritage
values. Rehabilitation of this extent would restore the site to a :significant level, albeit not
to the same level as pre-existing natural heritage values.
Based on our review of the EIS, staff is satisfied that the forest values and natural heritage
linkages will be adequately restored through the preparation ~md implementation of an
Environmental Management and Monitoring Program. The requirement for the submission
of this Program will be set out in the development agreement, and will be required prior to
the lifting of the holding provision in the proposed zoning by-law (see Section 3.5 below).
Accordingly, staff recommends that one or more conservation easement(s) be registered
over the environmental protection zone areas, in favour of CLOCA for nominal
consideration (i.e. $2), in order to maintain the integrity of the Environmental Management
and Monitoring Program after the expiry of its term. Staff recommends that the appropriate
conservation easements be prepared and registered on the land title within 6 months of
registration of the development agreement. Therefore, this matter is also to be included in
the development agreement, required to be executed prior to the lifting of the holding
provision in the proposed by-law.
The EIS recommended that a conservation easement be registered over the forested areas in
order to protect the rehabilitated forest values in perpetuity. Conservation easements are
also supported by CLOCA. City staff concurs with the use of conservation easements in
this circumstance.
3.4 Official Plan Policy Review
Staff have reviewed the relevant policies and the reports and studies submitted, and find
there are no outstanding issues regarding impacts on agricultural operations, surface or
ground water supply, or environmental sensitivity, and that the planning justification
provided is acceptable. Recognizing that the natural heritage values will be protected
through the required Environmental Management and Monitoring Program, it is
recommended that Council support the amendment to the Region of Durham Official Plan.
Similarly, on this basis staff also supports the requested amendment to the Picketing
Official Plan provided the Environmental Management and Moniitoring Program forms part
of the development agreement to be entered into between the owners and the City. The
Program must be received and accepted by the City prior to the holding provision being
lifted in the by-law. This will ensure substantial rehabilitation of the site's natural heritage
values.
3.5 Zoning and Site Plan Issues
The zoning strategy recommended by Staff includes a holding (H) symbol preceding the
REPORT NUMBER PD 16-00
Subject: Regional Official Plan Amendment Application 99-004/D
Date: April 4, 2000
Page 8 0 0 9
the associated official plan amendment applications, should Executive Committee support
the development.
The site plan application has already been received and is being processed by staff (S 4/00).
A draft Environmental Management Plan has been submitted, but staffs review indicates it
contains insufficient detail.
3.6 Oak Ridges Moraine Resolution
At their Meeting of January 17, 2000, Picketing Council passed a resolution endorsing the
motion passed by the Greater Toronto Services Board (GTSB) that no more approvals be
given to proposed development or aggregate applications being processed in the Oak
Ridges Moraine for six months (see Attachment # 10).
On February 24% the Honourable W. Michael Fenn, Deputy Minister of Municipal Affairs
and Housing, responded to Pickering's resolution (see Attachment #11). In his letter, the
Deputy Minister states that policy direction is provided to municipalities through the
Implementation Guidelines for the Oak Ridges Moraine and the Provincial Policy
Statement. These documents are intended to assist municipalities in balancing
development with environmental protection goals while making land use decisions within
the Oak Ridges Moraine.
Staff, the EIS Consultants, and CLOCA have taken the Guidelines and Policy Statement
into consideration during the preparation of the recommendations outlined in this Report.
In light of the Ministry's response, these development applications are being forwarded to
Council for consideration.
3.7 Archaeological Concerns
An archaeological resource assessment of the subject property has been completed. This
assessment determines that no significant archaeological resources have been found.
Comments from the Ministry of Citizenship, Culture and Recreation, however, indicate that
additional documentation is required before the Ministry can confirm that all archaeological
resource concerns have been met. Generally, no demolition, grading, filling, or any form of
soil disturbances would be permitted on a subject property prior to receipt of such
confirmation. Given the site alteration status of this property; the requirement has been
included as a matter to be addressed in the-d'6velopment agreement. Therefore, the owners
must satisfy the Region of Durham that archaeological resource matters have been
satisfactorily addressed before the zoning's Holding symbol can be lifted to allow the golf
course use to proceed.
3.8 Applicants' Comments
The basic recommendations of this Report and contents of the draft by-law were discussed
with the applicants. The applicants appear to generally concur with staff's
recommendations.
010
REPORT NUMBER PD 16-00
Subject: Regional Official Plan Arnendment Application 99-004/D
Date: April 4, 2000
Page 9
7. EIS: Summary of Wildlife, and Surface Water Impacts, Pre- and Post-Site Alteration
(Tables 11 and 12)
8. EIS Summary of Net Impacts (Table 14)
9. EIS: Components of the Environmental Management Plan (Figure 11)
10. Council Resolution #04/00 Item #3
11. The Ministry of Municipal Affairs and Housing Comment
12. The Ministry of the Environment Comment
13. The Ministry of Citizenship, Culture and Recreation Comment
14. The Central Lake Ontario Conservation Authority Comments
15. The Town of Whitby Comment
16. The Town of Scugog Comment
17. Canadian Pacific Railway Conunent
18. Durham Region's Public Meeting Minutes
19. Durham Region's Commissioner's Report
20. Pickering's Public Meeting Minutes
21. Pickering's Information Report
Prepared By:
Approved / Endorsed by:
~P, RPP
Senior Planner
Director, PlannXi~ and Development
Catherine L. Rose
Manager, Policy Division
VRR/CLR/ph
Attachments
Copy:
Chief Administrative Officer
City Clerk
Chief Building Official
I Recommended for the consideration of Picketing
[City Council ~
APPENDIX I TO
REPORT NUMBER PD 16-00
011
BY-LAW TO ADOPT AMENDMENT NUMBER 4
TO THE CITY OF PICKERING OFFICIAL PLAN
012
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. -00
Being a By-law to adopt Amendment Number 4 to the Official
Plan for the City of Pickering. (OPA 99-003/P)
WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the
Council of the Corporation of the City of Picketing may by by-law adopt amendments to the
Official Plan for the City of Pickering, and submit them to the Region of Durham for approval.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Amendment Number 4 to the City of Picketing Official Plan, attached to this By-law as
Exhibit 'T', including the Explanatory Text, is hereby adopted.
Amendment Number 4 to the Picketing Official Plan shall not come into effect until the
related Regional Official Plan Amendment Number 65 (OPA 99-004/D) is approved and
has come into effect.
The Clerk of the City of Picketing is hereby authorized and directed to submit
Amendment Number 4 to the Picketing Official Plan to the Region of Durham for
approval.
4. This By-law shall come into force and take effect on the day of final passing.
BY-LAW read a first, second and third time and finally passed this day of
2000.
Wayne Arthurs, Mayor
Bruce J. Taylor, Clerk
Exhibit "I" to By-law
-00
0.13
AMENDMENT NUMBER 4
TO THE
CITY OF PICKERING OFFICIAL PLAN
01.4
AMENDMENT NUMBER 4 TO THE PICKERING OFFICIAL PLAN
PURPOSE:
The purpose of this amendment is to redesignate the subject lands
from "Agricultural Areas" and "Open Space System - Natural
Areas" to "Open Space System - Active Recreational Areas" in
order to permit the establishment of a 9-hole golf course, including
a clubhouse, maintenance building, and other ancillary buildings.
LOCATION:
The subject lands are approximately 3(I hectares in area, of which
approximately 18 hectares are intendeq to be used for active golf
course; purposes. Within the remaining 12 hectares, environmental
protection and conservation activities will provide for the
preservation of existing forested areas and the planting and
restoration of associated rehabilitation areas. The subject lands are
locatecl in Part of Lots A & 1, Concession 9, in the City of'
Picketing. The lands have approximately 196 metres of frontage
on Lake Ridge Road (Durham Road 23).
BASIS:
The amendment has been determined to be appropriate for the
following reasons:
· it will provide the opportunity for development of a golf course
that has been determined to be an overall benefit for the
community;
· through implementation of the 'required Environmental
Management and Monitoring Program, approval of this golf
course~ use will ensure the restoration, over time, of an
acceptable level of natural heritage significance, replacing
ecological and forest values which have been impacted during
recent site alteration activities; accordingly, the amendment is
not contrary to the ecological goals, resource management goal,
rural goals, objectives, purpose and intent of the Picketing
Official Plan, and further, it is consis, tent with the principles of
the Oak Ridges Moraine Implementation Guidelines.
ACTUAL
AMENDMENT:
The City of Pickering Official Plan is hereby amended by:
1. Revising Schedule I - Land Use Structure, as set out on
Exhibit "A" attached.
IMPLEMENTATION:
The provisions set forth in the City of Picketing Official Plan, as
amended, regarding the implementation of the Plan, shall apply
with regard to this Amendment.
EXHIBIT 'A' TO AMENDMENT No. 4 TO THE PICKERING OFFICIAL PLAN
REDESIGNATE FROM 'AGRICULTURAL AREAS" AND
· OPEN SPACE SYSTEM - NATURAL AREAS" TO "OPEN
SPACE SYSTEM - ACTIVE RECREATIONAL AREAS"
SCIt~DULE ! TO Ti~
PICKERING
OFFICIAL PLAN
i~mON 2
LAND USE STRUCTURE
OPEN SPACE SYSTEM
NATURAL AREAS
ACTIVE RECREATIONAL AREAS
FREEWAYS AND MAJOR UTILITIES
ACCESS AREAS
CONTROLLED
016
APPENDIX II TO
REPORT NUMBER PD 16-00
DRAFT IMPLEMENTING ZONING BY-LA W
TO AMEND ZONING BY-LAW 3037
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER
OJ7
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended,
to implement the Official Plan of the City of Picketing District Planning Area,
Region of Durham, in Part of Lots A & 1, Concession 9, in the City of
Picketing. (A 1/99; OPA 99-003/P; OPA 99-004/D)
WHEREAS the Council of the Corporation of the City of Picketing passed By-law 3037, as
amended, to zone the subject lands, being Part of Lots A & 1, Concession 9, in the City of
Picketing, for agricultural lands;
AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable
to amend By-law 3037, as amended, to permit the establishment of a golf course while
rehabilitating and protecting certain environmental areas on the subject lands;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon is hereby
declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots A & 1,
Concession 9, in the City of Picketing, designated "A/GC" and "EP" on Schedule I
attached to this By-law.
3~
GENERAL PROVISIONS
No building, structure, land or part thereof shall hereafter be used, occupied, erected,
moved or structurally altered except in conformity with the provisions of this By-law.
DEFINITIONS
In this By-law,
(1)
"Golf Course" shall mean an area of land, and any ancillary building, structure, or part
thereof, operated for the purpose of playing golf, and includes any associated
recreational facility, such as a club house, snack bar, dining room, lounge, swimming
pool and racquet sport court, operated in conjunction therewith.
018 2
(2)
(b) a golf course;
Zone Requirements ("A/GC" Zone)
No person shall, within the lands zoned
By-law, use any lot or erect, alter or
accordance with the following provisions:
(a)
"A/GC" on Schedule I attached to this
use any building or structure except in
for those uses permitted by section 5.(1)(a) above, the provisions of section 6.2
of By-law 3037; and
(b) for golf courses, the provisions of section 6.2.4 of By-law 3037.
PROVISIONS ("EP" Zone)
(1) Uses Permitted ("EP" Zone)
No person shall, within the lands zoned "EP" on Schedule I attached to this By-law,
use any lot or erect, alter or use any building or structure for any purpose except the
following:
(a) conservation of the natural environment, soil, and wildlife; and
(b) resource management;
(2) Zone Requirements ("EP" Zone)
No buildings or structures shall be permitted to be erected nor any existing buildings
or structures be modified or changed, nor shall the placing or removal of fill be
permitted, except where buildings or structures are used for purposes of flood and
erosion control, or resource management;
(3) Special Regulation ("EP':' Zone)
Despite subsection (1) above, cart and pedestrian paths associated with a golf course
use shall be permitted within the lands shown in a dashed line on Schedule I attached
to this By-law.
PROVISIONS ("(H)" Zone)
(1) Uses Permitted ("(H)" Zone)
Despite the Provisions of' Section 5. of this By-law, while ~the (H) Holding Symbol is
in place preceding the "A/GC" Zone, no person shall,, within the lands zoned
"(H)A/GC" on Schedule I attached to this By-law, use any lot for any purpose other
than those permitted.in the "EP" Zone as set out in Section 6. of this By-law;
(2) Removal of the "(I-B" Hol.dine Sm}mi
3
Impact Study prepared by Gartner Lee Limited, to the satisfaction of the
Director, Planning and Development, which shall contain, as a minimum,
the following:
0]9
(i)
a stormwater management plan addressing pre- and
post-development flows, turf management/integrated pest
management, and sedimentation and erosion controls;
(ii) a natural heritage rehabilitation plan, addressing restoration of forest
function, landscape connectivity, and wetland areas; and
(iii)
a monitoring program addressing ground water, surface water
(stormwater and erosion), and natural heritage (wildlife, vegetation,
and invasive species control);
B
carry out the recommendations of the Environmental Management and
Monitoring Program;
C
post performance bonds for remedial works, independent analysis, and
peer review of the Environmental Management and Monitoring Program;
D
permit right-of-access to the City or its designate to undertake the works,
if necessary;
E
distribute the results of the Environmental Management and Monitoring
Program to the City, and other interested parties;
F
undertake any remedial measures or additional monitoring required by the
City following analysis of the results of the Environmental Management
and Monitoring Program;
G
convey, free and clear of all encumbrances, the required sight triangle
located at the entrance to Lake Ridge Road;
H
register on the land title within 6 months of the registration of the
development agreement, one or more conservation easements in favour of
the Central Lake Ontario Conservation Authority (CLOCA) for all or part
of the lands zoned Environmental Protection, to the satisfaction of the
Director, Planning and Dev__elopment, in consultation with CLOCA, and to
prepare and also have registered on title, any reference plan necessary in
order to effect the registration of this conservation easement(s); and
satisfy the Director, Planning and Development through the provision of a
letter fi:om the Region of Durham that archaeological resource matters
have been satisfactorily addressed; and
(b) Enter into a site plan agreement with the City and have it registered on the land
title.
020
4
9. EFFECTIVE DATE
This By-law shall take effect from the day of passing, subject ~to the approval and coming
into effect of Amendments 65 and 4 to the Durham Regional Official Plan and Picketing
Official Plan respectively (resulting from the approval of Regional Official Plan
Amendment Application 99-004/D and Picketing Official Plan Amendment Application
99-003/P respectively), or subject to the approval of the Ontario Municipal Board, if
required.
BY-LAW read a first, second, and third time and finally passed this day of
,2000.
Wayne Arthurs, Mayor
Brace Taylor, Clerk
DRAFT SCHEDULE -
DIMENSIONS TO BE ADDED
401 .gm
(H)GC-1
(H)GC-1
H)GC-1
195.4m
(H)GC-1
105.2m
0
hi
bJ
021
SCHEDULE '[' TO BY-LAW
PASSED THIS
DAY OF 2000
022
ATTACHMENT ~' ~ _TO
REPORT # PD *,~ ~
C.P.R,
REPORT
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AMPHIBIAN POND
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~ EXISTING PONDS
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J EXISTING GOLF
FEATURES
REPORT Cf PD /'~ - ~ --
'~ 0 unit Number
(CUWl) ELC Code
White Cedar Organic
(SWM5) Mixed Swamp
Fresh-Moist Hemlock
(FOM6) Mixed Forest
(SVVT2) Mineral Thicket Swamp
Fresh-Moist Sugar Maple
(FOD6) Deciduous Forest
(FoD2) Dry-Fresh Oak/Maplel
Hickory Deciduous Forest
Mineral Meadow Marsh
(MAM2) Ecosite
Mineral Cultural Woodland
(CUWl) (hedgerow)
(CUP3) Plantation
(CUM1) Mineral Cultural Old Field
(pond) Farm Pond
ATTACHMENT #_ ~'"'~TO
REPORT ~ PO_ /~-~--~
ha cut=O%)
AI'TA~HNIEN'T #-
027
Final Draft -Heather Glenn Golf Course Environmental Impact Study
6.1 Vegetation
Table 10 provides a summary of the impacts that were likely created during site alteration, some of which
are continuing.
Table 10.
Attribute
Forest Functions
Rare Plants
Exotic and Aggressive
Native Invasive
Erosion
Landscape
Connectivity
Wetlands
Summary of Vegetation Impacts, Pre- and Post Site Alteration
Pre-Alteration
~ 5ha
· old growth character
· provided moist refugia for
wildlife
· interior support for trees
potential for two species of
limited to perimeter of forest
unit by interior conditions
· very limited,
· tree mots provide
geotechnical support to steep
slopes
hedgerows and forest provide
connection
three wetland areas:
northwest, northeast and
.soutl~ast
Post Alteration
3.1 ha
reduced to "see-through"
forest
exposure to desiccation and
sunscald
', to wind effects
no potential
· liberal access provided by
cutting
· very severe in areas where
trees have been removed.
· codnections increasingly
limited
· northwest wetland; small area
of loss, some trees removed
· northeast wetland converted
to golf course pond
· southeast wetland some loss
.of wetland area, loss of
portion of adjacent upland
forest
Net Effect
'~ 39% loss in area
· loss of interior characteristics
· unlikely to provide moist
refugia
· trees subject to wind throw
· loss
· net loss of microhabit~
loss of native woodland
species
destabilizafion of portions of
the slope which is ongoing
and will likely result in loss
of more trees through
engineering works to
lost opportunities for plant
dispersal (seed movement
and vegetative reproduction)
and habitat functions on the
Oak Ri~
northwest: functions
impaired
northeast: loss of wetland
area
some loss of function.
increased disturbance to
wetland, less supporting
habitat
ATTACHMENT ~ . ?._..~_._ TO
REPORT # PD~
Final Draft
Table 11.
tnction
Breeding Birds
Habi
~t Birds
r Habi~
Breeding Habitat
-Heather Glenn Golf Course Environmental Impact Study
Summer Habitat-
Reptiles
Landscape
Connectivity'
Summary of Wildlife Habitat Impacts, Pre- and Post Site Alteration
ion
on Net
· 55 species
41 species · loss of most of forest
· 21 area sensitive · 8 area sensitive
· 15 forest associated area · 4 forest associated area breeding bird community
sensitive · loss of regionally rare species
sensitive
loss of one provincially
· 2 interior forest no interior forest vulnerable species
· 5 regionally rare including · 2 new species · reduction in pairs for all
...... communities .
· moderate use .moderate use, marginal 'ji'iii~'~ec~t ..................
· southeast swamp . I in area · little effect
farm pond · southeast swamp impinged principal breeding areas lost
· central pond northeast wetland/pond " prop?sed golf course ponds
· northeast pond damaged rcqmre management for
· southeast swamp · proposed golf course ponds amphibians
8 species, one Regionally · 5 species
rare one Regionally ,, loss of rare and uncommon
uncommon, species
swamp little changed, no
buffer
· woodland habitat for 6 · Joss of woodland habitat * . population and species likeb
species · loss of old field habitat reduced
old field habitat for one
· population likely reduced
· 2 species I species * loss of Eastern Painted Turtle
corridor and connector · reduced to connector · reduction m connectivity
through site for east to west
connections between functions
watersheds
6.3 Surface Water
Table 12 provides a summary of the impacts of site alteration to surface water drainage and erosion
potential.
Table 12.
_ Function
Drainage Paths
Summary of Surface Water Impacts Pre- and Post Site Alteration
Pre-Alteration
~ary drainage pathw,a~'
flo~'ing from north to south
· pathways drain runoff
without obstruction
Post Alteration
~ largest of the three
pathways remains distinct
· two smaller westerly flow
paths have been virtually
eliminated by holes 1.2. 3,
8 and the practice range; all
flow now drains through
most easterly culvert
be. neath tracks
holes 4 and 7 have severed
7'~al drainage paths
have been altered by golf
course.construction resulting
in erosion susceptible areas
· significant erosion has
occurred where the largest
drainage path has been
severed in the north part of
the site
ATTACHMENT ~ ,~
REPORT # PD -7'~-'"(~2)
029
Final Draft -Heather Glenn Golf Course Environmental Impact Study
Table 14. Summary of Net Impact~
Issue Mitigation Potential Mitigation Measures Likely Net Impacts
Groundwater: · it has been demonstrated · adherence to the Permit to Take · negligible
· recharge, discharge and that no significant change Water and the criteria for the
potential to create an to groundwater recharge proposed sewage system
impact or dischar[[e is expected
Hydrology · high: could be · preparation and implementation of a · negligible
· severed drainage extensively mitigated stormwater component to a
pathways Management Plan that provides
properly designed conveyance
elements (ditches, swales, culverts,
etc.) to carry runoff across proposed
.................................................. ' ..... ~.91.f c_ .o.u.~e_f..e..a_t_uFs_z. .......................................................
Hydrology · high: could be · preparation and implementation of a · negligible
. · erosion on steep slopes extensively mitigated · stormwater component of a
Management Plan that provid.es
properly designed conveyance
· elements that can withstand erosion,
and planting of stabilizing
vegetation on erodlng..slp..l~...s
Hydrology · high: could be · preparation and implementation of a · negligible
· erosion where no extensively mitigated stormwater component of a
conveyance mechanisms Management Plan that provides
properly designed conveyance
elements (ditches, swales, culverts,
etc.) to carry runoff across proposed
~olf course features
Hydrology · high: minor issuesince · none · negligible
· drainage pattern altered only a small amount of
in south · mnoffhas been diverted. '
· interior to proposed layout core forest and forest rehabilitation term prospect, will not
· 5 ha older growth core with native species, total of-3 ha 'recover all lost
forest reforestation functions, some
· wildlife and flora · reforestation alongside western edge , wildlife (e.g., seven
attributes of Hy-Hope forest block potential forest
· identified as significant · edge management, plans for invasive associated breeding
by OMNR . species, removal of non-native bird species) will not
planted trees and shrubs, restoration return, others will
of woodland community retum with lower
· long-term management to restore old breeding success or In
...... g_ r_o .w..th_c.. ,h...ar~..ac..[e_ .ri..s t_i.?.. ............... lower numbers
Landscape Connectivity · moderate: opportunities · reinfomement of cast-west · some loss of
· reduction in width exist to improve width of connectivity through thc site, connectivity;
· reduction in "stepping connectivity and improved connectivity to Hy-Hope mitigative measles
stone" functions stepping- stone functions · replace non-native vegetation with will maintain the
native species, reduce impact of cart relative importance of
trail this connection in the
· . ............................................................ ! ................
Wetlands. · high: protection of · enhancement of two selected golf · may re-establish
· 'loss of area existing wgtlands and course ponds, regionally rare
· loss of function creation of/~ wetland area · restore habitat values in northwest salamander species
0.30
ATTACHMENT # ¢ _TO
REPORT# PD ,/(
Final Draft -Heather G.len~n Golf Course Environmental Impact Study
Figure 11. Components of the Environmental Management Plan
IEnvironmental Management Plan ~
Stormwater
Management
and Erosion
· Integrated Pest
Management
· Stormwater
Management
· Sediment and
Erosion Control
Natural Heritage
Rehabilitation
· Forest
Regeneration
· Linkages
Monitoring
· Groundwater
· Vegetation
· Invasive Species
Control
· Birds
· Amphibians
8.3.! Stormwater Management and Erosion Control
Stormwater management and erosion control will be one of the three major components of the
Management Plan. Included within this part of the Plan will be sections dealing with:
stormwater management;
sediment and erosion control, and;
Integrated Pest Management Plan.
A result of the construction of the proposed golf course was the severing of existing drainage pathways
that carried runoff through the site to the outlets at the southern property boundary. ~ The small drainage
paths that carried flow from catchments A and B off-site have been ¥irtually eliminated by the
con.~tnmtion nf =nlf cnnr.qe featnren Aithnuoh much nf the drainaue nath that convev.~ runoff from
ATTACHMENT#_ ~ TO
REPORT # PO ./~ - ~
031
INTER-DEPARTMENTAL MEMORANDUM
CLERK'S DEPARTMENT
DATE:
January 20, 2000
TO:
· Neil Carroll, Director, Planning & Development
FROM:
Bruce Taylor, City Clerk
Please,be advised that the Council of the City of Picketing passed Resolution #04/00 Item #3 at
the Special Council Meeting of January 17t~, 2000, as follows:
That the correspondence dated December 16, 1999 from the Greater Toronto Services
Board regarding the Oak Ridges Moraine be received; and
That the Council of the City of Pickering hereby endorses the motion passed by the
GTSB on December 3, 1999 to urge the Province of Ontario'to ensure that no more
approvals be given to proposed development or aggregate applications going through
the process for six months in the Oak Ridges Moraine; and
That a copy of this resolution be forwarded to:
1. The Honourable Tony Clement, Ministry of Municipal Affairs & Housing
2. The Honourable Janet Ecker, M.P.P., Ajax/Pickering/Uxbridge
3. Greater Toronto Services Board
This resolution is sent to you for your information.
Bruce Taylor, City Clerk
cc. T.J. Quinn, ChiefAdmini~rative Officer
032
ATTACHMENT f f/ _ TO
REPORT # PD
Mlnist.i'y of ' ...
· Muhl.cipal .Affai.r$
-" · and Housi.ng' . . ..
Office Of the Deputy MIn!Ste'r ·
..'777 .Bay' Street. ..
.'Toronto ON'. M5G 2.E5
~(416) 585-7100
777 rue Bay
· Toronto OIq M5o 2E5
.(416) 585-1100
et du.' Log~me. nt :
Bureau du Sous-ministrg'. · . ',iT.Y OF PICK .
· Feb'mary 24i 2000' "'
Mr.:B. ruce Taylor' "·'"' .... ..
T6~ Clerk ,'
· City of'Picketing' ":.. '
P.icke',ring,'.C.'i~i~ complex ... · ....
· one. The Esplanade , ..,.
Pickeritig'ON LtV 6K7'-
Sub. j.."e~.t: Council. R~solution re~artiing, the Oak md~es'
"Dear'Mr.'Taylor:· .. ' ' ': ' ":
Moraine
FEB 21.8'2000' "
CiTY oF PiCKERINGf
· PiC~(ER~Na,'O~O '.
RECEIVED':
.FEB 2.~ ~
,- ' c,~vo~ P~m~
p~NN~G A~
~EVELOPMENT DE~R~
! am: .~i~ing h:r.e=sp~;'nse:~o'yo~ le:~ter '.of !an. u~7 20, 2..000; addressea to the Hon.'o~aSte
· ' Tony Clement, Min. ist. er 'of MuniciPal :A/fairs .and. H6gs.ing: informing him of.~e' ,..
.resolutiOn'adopted By'the Co/thcil of il/& C!.ty' b. fpickering dn January.17,'2000, ' -
r. egar .ding .the O.a!~ Ridges Mgraim;~' ' " . ,'.-
.. The-b&remment ~ec0gh'izes the.im/~6rtanc~ of the O~ Ridg;s'Mo"raine..This is
· deii/0nstr, ated in'its reliance on the..Impiementation ,Guideiines..for ~,.the.O~,Ridges"
Moraine, which s~t direction'for municipal pi.aiming document~ and devel0pmerit- .'."
';/)rop6sals-ih the area. · .,"
Together With the Pr,0.vinciaI:Po!icy Statement, as. revised:in February !9~97,.th.e' .;'.
implementation guid.elin~s provide: a framework fro: municipalitieS'to balance
development arid envirb.nm.'ental protection.' · . :...
Thank ydu for bringing Council's resolution on this important matter to the
Go-~emment's .attention. · ..
Yours truly,
Ontario
ATTACHMENT If /,,2.~
REPORT # PD / (~ -~-~
TO
033
Ministry of the Ministbre de
Environment I'Environnement
Central Region
July 16, 1999
Mr. Robert Guy
Lakeridge Precision Inc.
884 Dillingham Road
Picketing, Ontario
LlW 1Z6
R~gion du Centre
5775 Yonge Street
8th Floor
Toronto, Ontario
M2M 4J1
5775, rue Yonge
8ibme 6tage
Toronto (Ontado)
M2M 4J1
I 'JUl
TOWN 0
PERMIT TO TAKE WATER FOR: IRRIGATION
HEATHER GLEN GOLF COURSE
LOT 1, CONCESSION 9
TOWN OF PICKERING, REGIONAL MUNICIPALITY OF DURttAM
PERMIT TO TAKE WATER NO. 99-P-3014
FILE: SI-DU-PI-220
Please find attached Permit No. 99-P-3014 issued to Lakeridge Precision Inc. which authorizes the
withdrawal of water in accordance with the application for this Permit to Take Water, and Schedule "A",
Schedule "B" and Schedule "C" which are attached to and form part of this Permit.
This Permit is valid until October 31, 2000 and shall be kept available for inspection by the Ontario Ministry
of the Environment staff.
Upon receiving your required land use approvals, you may make application to renew this permit for an
extended period of time. In support of that application, the Ministry will require you to submit a report
detailing the monitoring data collected to that date along with appropriate interpretations, conClusions and
recommendations for further takings. This report, to be prepared by a qualified consultant, will be required
as technical support for a renewal application.
Take notice that in issuing this Permit to Take Water, terms and conditions pertaining to the taking of water
and to the results of the taking have been imposed on Lakeridge Precision Inc. The terms and conditions
have been designed to allow for the development of water resources for beneficial purposes, while providing
reasonable protection to existing water uses and users.
Our main concern is that thc taking of water under the authority of this Permit does not cause negative
impacts to other water supplies which were in use prior to the date of this Permit or to the natural
environment. If the taking of water should result in any negative impacts, the Permit Holder will be required
to restore the water supplies of those affected in a manner acceptable to the Ontario Ministry of the
Environment or to reduce the rate and amount of taking until any negative impacts are eliminated.
Any change of address or ownership of the property for which this Permit is issued must be reported
promptly to the Director.
The issuance of this Permit to Take Water does not relieve you from compliance with other legislative
requirements of this or any other agencies.
It is the responsibility of Lakeridge Precision Inc. to ensure that any person taking water under the authority
of this Permit is familiar with and complies with the terms and conditions.
ATTACHMENT #.. //,,2~ TO
REPORT # PD_
PERMIT TO TAKE WATER
99-P-3014
Page 1 of 7
Notice of Terms and Conditions
Section 100, Ontario Water Resources Act, R.S.O. 1990
Pursuant to Section 34 of the Ontario Water Resources Act, R.S.O. 1990 permission is hereby granted to:
Lakeridge Precision Inc.
884 Diilingham Road
Pickering, Ontario, L1W 1Z6
for the taking of water for irrigation purposes in accordance with the application for this Permit to Take
Water, and Schedule "A", Schedule "B"and Schedule "C", which are attached to and form part of this
Permit.
Located at:
Lot 1, Concession 9
Town of Pickering .
Regional Municipality of Durham
DEFINITIONS
1. (a) "Director" means a Director, Section 34, Ontario Water Resources Act, R.S.O. 1990.
(b)
"District Office" means York-Durham District Office, Central Region, Ontario Ministry of
the Environment.
(c)
"District Manager" means District Manager, York-Durham District Office, Central Region,
Ontario Ministry of the Environment.
(d) "Ministry" means Ontario Ministry of the Environment.
(e)
"Permit" means this entire Permit to Take Water including its schedules, if any, issued in
'accordance with Section 34 of the Ontario Water Resources Act, R.S.O. 1990.
(f) "Permit Holder" means Lakeridge Precision Inc.
ATTACHMENT # .... /~ TO
REPORT# PD.,, /([~o~?
035
PERMIT TO TAKE WATER
99-P-3014
Page 2 of 7
o
GENERAL CONDITIONS
2. This Permit shall be kept available for inspection by Ministry staff.
The Director may, from time to time, where a situation of interference or anticipated interference
with water supply exists, or in a situation requiring information on water takings for purposes of
water resource inventory and planning, give written notice to the Permit Holder to undertake any
of the following actions. The Permit Holder shall comply with any such notice:
(a) To establish and maintain a system for the measurement of the quantities of water taken;
(b)
To operate such a system and to record measurements of the quantfies of water taken on
forms provided by the District Manager or the Director, with such a frequency or for such
periods of time as the District Manager or the Director may specify;
(c)
To return to the District Manager or the Director records made pursuant tO clause 3(b) at
such times or with such frequency as the District Manager or the Director may spedify; and
(d)
To keep records made pursuant to clause 3(b) available for inspection by Ministry staff until
such time as they are returned to the District Manager or the Director pursuant to clause
3(c).
The Permit Holder shall immediately notify the District Manager of any complaint arising from the
taking of water authorized under this Permit and shall report any action which has been taken or is
proposed with regard to such complaint.
For Groundwater Takings, if the taking of water is forecast to cause any negative impact, or is
observed to cause any negative impact to other water supplies obtained from any adequate sources
that were in use prior to the initial issuance of a permit for this water taking, the Permit Holder shall
take necessary actions to make available to those affected a supply of water equivalent in quantity
and quality to their normal takings, or shall compensate such persons for their reasonable costs of
so doing, or shall reduce the rate and amount of taking to prevent the forecasted negative impact or
alleviate the observed negative impact. Pending permanent restoration of the affected supplies, the
Permit Holder shall provide, to those affected, temporary water supplies adequate to meet their
normal requirements, or shall compensate such persons for their reasonabl6 cost of so doing.
The Permit Holder shall report, to the Director, any changes of address or telephone number, or
change of ownership of the property for which this Permit is issued within thirty days of any such
change. The Permit Holder shall not assign his rights under this Permit to another person without
036
ATTACHMENT ~_ / ~ TO
REPORT #
PERMIT TO TAKE WATER
99-P-3014
Page 3 of 7
No water may be taken under authority of this Permit after the expiry date of this Permit, unless the
Permit is renewed, or after the expiry date shown on any subsequent renewal of this Permit, unless
is likewise renewed.
This Permit does not release the Permit Holder from any legal liability or obligation and remains in
force subject to all limitations, requirements and liabilities imposed by law. This Permit shall not
be construed as precluding or limiting any legal claims or rights of action that any person, including
the Crown in right of Ontario or any agency thereof, has or may have against the Permit Holder, its
officer, employees, agents, and contractors.
The Permit Holder must forthwith, upon presentation of credentials, allow Ministry personnel, or
a Ministry authorized representatiive(s) to carry out any and all inspections authorized by Section
15, 16 or 17 of the Ontario Wate. r Resources Act, R.S.O. 1990, Section 156, 157 or 158 of the
Environmental Protection Act, R.S.O. 1990 or Section 19 or 20 of the Pesticides Act, R.S.O. 1990.
SPECIAL CONDITIONS
10. This Permit expires on October 31., 2000.
11. The Permit Holder shall conduct the monitoring program described in Schedule "B"of this Permit.
12.
Records of water level and water volume data collected, shall be maintained by the permit holder
and made available to Ministry personnel upon request.
13.
If at any time, the monitoring program identifies an adverse impact, the Director must be notified
immediately_
PERMIT TO TAKE WA TER
99-P-3014
Page 4 of 7
Schedule "A"
This Schedule "A" forms part of Permit t.o Take Water 99-P-3014 dated July 16, 1999.
Table 1
Source
Source Name or Description
Maximum Amount of Water Taken ]per
Minute (Imnerial ~allnn.q~
Well TW- 1
83.5
PERMIT TO TAKE WA TER
99-P-$014
Page 5 of 7
Schedule "B"
This Schedule "B" forms part of Permit to Take Water 99-P-3014 dated July 16, 1999.
Monitoring Program
The following wells should be part of the monitoring plan. Well locations are included in the letter
dated July 6, 1999 from B. Golas of Hydro-Geo Limited to R. Stewart of MOE.
· test well TW-1
· on-site wells W-1 and W-2
· on-site observation wells B 1-, B-2 and B-3
The water levels in all the wells listed in Section 1. of this scheduled shall be measured and recorded
as follows:
· weekly for the first 2 months upon commencement of taking;
· bi-weekly thereafter for the remainder of the permit life;
Prior to the opening of the golf course, water quality sampling of all the wells listed in section 1. of
this schedule should be performed to establish baseline conditions.
The water volumes taken from Test Well TW-1, and the duration of the water takings shall be
recorded daily.
The above monitoring program shall be expanded to include neighboring wells as indicated in the
letter dated July 6, 1999 from B. Golas of Hydro-Geo Limited to R. Stewart of MOE, provided
access to those well can be obtained.. It is the responsibility of the Permit Holder to arrange for the
access to those wells. Although the MOE encourages the neighboring homeowners to participate in
this monitoring program, this Permit does not obligate neighboring homeowners to participate or
to make their wells accessible to the Permit Holder.
PERMIT TO TAKE WATER
99-P-3014
Page 6 of 7
Schedule "C"
This Schedule "C" forms part of Permit to Take Water 99-P-3014 dated July 16, 1999.
1. Application for Permit to Take Water dated April 5, 1999, signed by Robert Guy, Lakeridge
Precision Inc.
038
ATTACHMENT ~ //O,,., TO
REPORT #
PERMIT TO TAKE WATER
99-P-3014
Page 7 of 7
You may, by written notice served upon me and the Environmental Appeal Board within 15 days after
receipt of this Notice, require a hearing by the Board. Section I01 of the Ontario Water Resources Act,
R.S.O. 1990, as amended, provides that the Notice requiring the hearing shall state:
4.
5.
6.
7.
8.
The portions of the approval of each term or condition in the approval in respect of which' the
hearing is required, and;
The grounds on which you intend to rely at the hearing in relation to each portion appealed.
In addition to these legal requirements, the Notice should also include:
The name of the appellant;
The address of the appellant;
The Permit to Take Water number;
The date of the Permit to Take Water;
The name of the Director;
The municipality within which the works are located;
The Notice should be signed and dated by the appellant.
This Notice must be served upon:
and
and
The .Secretary
Environmental Appeal Board
112 St. Clair Avenue West, Suite 502
Toronto, Ontario
M4V 1N3
The Director, Section 34
Ontario. Water Resources Act, R.S.O. 1990
Ministry of the Environment
5775 Yonge Street, 8th Floor
NortJh York, Ontario
M2M 4J 1
The ]Environmental Commissioner
1075 Bay Street, Suite 605, 6th Floor
Toronto, Ontario
M5G 2W5
DATED AT TORONTO this /~4~ day of
,1999.
HYDROGEOLOGISTS & ENVIRONMENTAL ENGINEERS
July 6, 1999
HGL File 037A-99
Mrs. Rosa Stewart
Ministry of the Environment
5775 Yonge Street
8th Floor
North York, Ontario
M2M 4J 1
Re:
Monitoring Program
Heather Glenn Golf Course
Part of Lot 1, Concession 9
Town of Pickering
Durham Region
Dear Mrs. Stewart:
As per our telephone conversation of yesterday (July 5, 1999), enclosed is a monitoring program for
the proposed Heather Glenn Golf Course. It is recommended that the monitoring program will
continue during the first operating year on the following wells:
* test well (TW-1),
· on-site wells (W-1 and W-2),
· on-site observation wells (B-I, B-2 and B-3)
· off-site neighboufing wells (W-5, W-8, W-9 and W-10)
The locations of the wells to be monitored are shown on the Well Location Map, Figure 1, and Site
Map, Figure 2, attached to this letter.
The wells should be monitored during the first operating year with regard to water levels on a
weekly basis for the first 2 months and bi-weekly thereafter.
040
ATTACHMEklT ¢~ /o2,., . TO
REPORT # PD /¥ ~ 0-~ _
Monitoring Program
Heather Glenn Golf Course
Part of Lot 1, Concession 9
HGL File No. 0374-99
July 6, 1999
Prior to the opening of Heather Glenn Golf Course, water quality sampling of the following wells
should be performed to establish baseline conditions in case of any possible water quality impact
complaints in the future:
· on-site wells (W-1 and W-2),
· on-site observation wells (B-l, B-2 and B-3)
· off-site neighbouring wells (W-5, W-8, W-9 and W-10)
A summary annual report, including the monitoring program data, should be submitted to the
Ministry of Environmem and the Durham Health Department.
We trust that the information provided in this letter sufficiently addresses your present
requirements. We will be pleased to answer any questions you might have regarding this project.
Yours truly,
HYDRO-GEO LIMITED
Beata M. Golas, M. Sc.
Hydrogeologist, Principal
ATTACHMENT ~ /,~'~ TO
REPORT # PD_ /~ -0-'~ O, 4 1~.
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BH-~
BH-S
BH-IO
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BH-$
BH-2
BH-1
BH-9
TP-I,J~
TP-S~
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T-8
T-6
T-1
TP-3
~.§1.90 m
T-S' TP-6
TP-7
T-7
·
T-lO
T-3
LEGEND:
TEST WELL FOR THIS INVESTIGATION
BORING FOR THIS INVESTIGATION
TEST PIT FOR THIS INVESTIGATION
DRILLED WELL
BORING BY OTHERS
TEST PIT BY OTHERS
3fA. S,! ,mJ~, TP-1
TW-
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ATTACNMENT d', /,,'.2.b. ~
Cutt~ro and Rm;r~
Tomm~ ON MTA ~q9
,-,iniG~tre d~ Albims ,c~,lquee,
043
Ontario
ami Librari=s Branch
Op~ns Unit
Tck(41~)}14--?l$2 Fax;(416)31~7175
03 Apffi 2000
M~in Cooper
Archaeololiir~l 8m'vic~ Inc.
528 Bathurst St~t
Tomnl~, Ontntio
MSS 2P9
Th~ I-Ietitag~ Ope~aions Unit of'the MJ~su7 of Citizenship, Culture ~ t~on 0VlCzCR)
revleweg th~ archs~lo~ ass~ssmeat repm't noted above. Th~ MCzCR ~nnot pmvlde lke. uc~ or
· ~ P,e~tnm~dsIiDm of lhe report ~ onl~ tl~ si~ location of Bs0s..l ss ~ iu
Ftgur~ 2. A~ this location does not neesssatily correspcmd t.-, the exact lo~ion aftM_~ site., or
odin' potandal sim ~ltat may lm locamt on the mbjeot pmtm~, srch~gical poum~ for ~
044
0~/$1/00 FRI l~:O? FAX
ATTACHMENT ~ / ~7z TO
REPORT # PD ..... //~
~ Central
Lake Ontario
Conservation
March 31, 2000
City of Picketing
P~s~nlng Dcpartmcm
One ~e Espl~
Picketing, Ozr~rio
LI¥ 5K7
Attention: Ms._~alerie Rod:
Dear Madam:
SubSet:
103 Whiting Avenue
Oshawa, Ontario
L1H 3T3
Tel: (9a5} 579-0411
Fax:. {905] 579-0994
Pfeke.~ug C~i~ I Plan Amenament Application
Zoning By-I~ ~mendment Apidicati~n A 1/99
/vi. & R. Guy
Part Lots A & 1,J Conce~. sion 9
City of Pickering
Anthority ]~e N_~.: OPA 99-004 = CLOCA JMS. F.i_le: POFG4fi
act the .undersigned.
Yours trt~y,
lrMrp~ of Application: Jl '
To permit the development of a trfiole gbOr co~rce.
Please f/nd attached a copy of a ]~trer to:thc Rcg{on of Dllrham ~egardillg ii Regional
Official Plan Amendment for t~: subjccL site. We ask thnt our comments bc applied'to the
local ame~..__meat application as well.
As for thc rczo,~, ;li '
_ . g app cation, ~ve. not~ that owing to eavironmetmal significance, portion~
of thc site ahould :not be zoned, t~ allow a golf course. These areas generally include
.~atea. As we ,an~.'c~at¢ that the ~×act lh~its of these areas ~ be more closely deHned '
mro_.ugh the EIlvlronmental Man~t~ geuicn~: lalan, Silould the Official Plan AIIwllc~tle.~
applications be approved, con~exafi,on ? the zoaing'~hould be delta-red until that time..
Wc tn~ thcsc commcnts arc sfac'to for yo~ requirements. If you .have any questions
regarding this ms~er, please eot
CENTRAL LAKE ONTARIO CA
Lake O tario
Conservation
March 31, 2000 .
The Regional Municipality of Du'rh~
Planning Department
Box 623, 1615 Dtmdas
4th Floor Lang Towe~Vest B~lding,i
I '
De~ Sir:.
Purpose of Application',,
To permit the development of a
· '
Authority staff has reviewed
Impact Study (ELS), and offers
1 O0 Whiling Avenue
Oshawo, Ontorio
L1H 3T3
T~a: [905) §79-0411
Fax: [90,5) §79-.099'4
Northwest Wcnniland -.'
Application to immnd ~he Dm'ham Regional Offidal ~ (OPA 99-004}
Jack LaIly.~ '.
Part Lot I & 3 Cone&sion 9 '
Town'of Iqcke .rm~ ' ' '
Auth6rlty File 1~.: OPA 99-004, I.M.S. #: POFG40.
9-hole 'golf course,
%
lc subject application, and an accompanying Environmental
the loll'owing commehts for your eonrdderation.
The environmental ~udy, al r~quireMent of the Durham Region and City of Picketing
Official Hans, was &ndertakert in order to assess the appropriateness of the proposed land
u~e at th $ location, to defin~s:gmfi, e..ant envl'ronmcnml features and functions on-site,
.determine impacts, as.s~.iated ~vith th..e use, and to reconimend measures for mitigating
~mpacts. In consMeranon of[?remamre development of the course (i.e. constructed in
advance of planning approvals), it, was necessary that the study utilize historical
reformation, oil-site observafiot~s, and surrogate/reference site data in Order to satisfy the
objectives of the study.
The most significant, environrrental/n~tural heritage feamres/funmions associated with the
site in~lud~ the following: i
significarR based ripen size, old growth characteristics and
p~vlsioni of breeding habRat for forest imerior, area sensitive
bi~d species (significant wildlife habitat)
045
~oo4
04G
ATTACHMU',IT, .... /_.,~___ 1'0
REPORT # RD. f/g, -
05/$1/00 FR! 13:08 FAX 9055790994
:
!
[~oo
The findings o~ th~ study s~,
stgnlflc,-mL The Oak. Ridges
ia th¢ review of devg[opmem
T~ ~gio~ Mu~cip~i~ of Durhm~'
Att~ti~ ~. Ga~y M~. . 03131/~
Wetl~ds - · 1~ ~ the no~we~, no~-~, ~ muscat ~fio~
o{ ~e si~, ~ f~ms pmvid~ b~ding habitat for
m~p~bt~s, mcl~mg un,tureen ~ec es
.
~~e ~ctivi~ - '~e ~ ~st-we~.co~dor colorlon between ~ Lynde
· C~k v~ley ~$t~m ~d t~ mom wm~rly ~re n~ml
'(l~ffins Cr~k ~16y and Glen M~or feral
N a~hw~t wo~lot pm~elopment w~ l~e enoch
p:: ovi~ cb~dor ~tion ~ oppomd ~ conn~tor
o~ dy (i.e.~ habitat for ~ mnsitive
ppo~ ~¢ c~fi~ion of ~e oh-si~
[orMne)mpl~tation Guideli~ (1991) pr~u~
~plicaqons on the O~ ~dges Mo~ di~t develop~t
ou~i~ of si~fic~t namr~ ~, ~d pmmom the pro~fion ~d e~mcnt of
~ce~m of naMrM ~ ~loWs JBr development therein provid~ ~em will be:' no
negate im~a~s on the ~ ~m~ez or on the e~mt ~un~ns ~or ~ht~
developed do not, and cannot
In addition to the natured herk~
have al~o been identified.
aEd/fiorta/informatio"n' and site:
Environmental Management Pi
dry sat!sly the intent of these documents.
ge lssu6s as discussed above, $tormwater management issues
lie mitigation POtential for impacts is noted as being high,
modificJat{on will Ix: required.
Thc ElS has found that signffi~ant impacts ha, c resulted from the construction of the golf
caur~e, and will centi.nue to '.~ experienced unle.~s action is taken. In the absence of work,
addressing Natural Heritage ar{d stomiwater is-me~, the impaet~ of, and thus the requested
land u~e at this location axe ~aecepta~le. ' .
· !
However, the EIS ha~ laid o t the framework for an F. nvironmental Management Plan
(EMP) that in the eni:t would restore rduch of the function to the site, and prevent continued
and/or additional impacts as a]result ~f the u~.' -: We generally support the concept of thc
~.MP, and 'd,,e framework wlfieh wofild see it broken into three sectiot~. 'a storm water
! ' se6tilon addressing issues relating to stormwatet flowing through
management and erosion
and off of the site; .a natural lheritag~ r~ab~iitation section, and; a monitoring section.
Significant eomponehts of each r~etidn have then been further described within th~ ElS,
with specific red~abili~on W~rk$ b~ing diaeus~d as 'Opportunities' for mitigation. An
EMP prepare, by a qualified' ~xpert(s~ (accept.ble to the Ca~ation ~.Authority, Ci~,. and.
Regien) providing d!recdon,f~ the de. velopment and necessary restoration, .and con.~stent
with the I~iS-noled opportumt;i~ is now requked for the application lo proce~.
ATTACHMEF~T ,~./__~ TO
REPORT # PD_ /6 -6'~
047
CENTRAL IAKE ONTt~IlO CA
: Central ~ Omar'Jo Conservation
TI~ Regional M~cipMi~ of [ urh~
for~ ~ in pe~etui~. Given ~ sign[fi~ce of ~e forest cover
co~dor fu~tions ~u~ ~ pmpe~, we rapport this concept ~d will ~ pur~ing
~ncl~:ion: ~d R~omm~d~on
In ~vicwing d~clop~nt ~pli~i~ns, ~p~ov~ ~=nci~ m~ have rega~ tbr
Pmviuci~ Policy sm~gt. I~ res~ m me in~m of ~e ~licies cont~ ~emin, which
is ~ pm~t ~ m~n~n si~Mfic~ ~ologic~ feam~ ~ ~nctions w~le Mlowing
appmpda~ ~velopmnt to ~Ur, if this ~plic~ion is m ~ ~pmv~ eve~ effort mst be
rome m e~m ~. signifiC~ f~m~ ~d ~ncfio~ ~ res~~ ~ ~e g~st ex~nt '
posstbl& To ~s end, ~ en~tm~ep~ s~y ~o~ends ~ ~P that will, over time
msm~ ~fion m appmximt~ly 75%~ of ~e origi~ level. Al~qugh ~s lev~
~tis~ ~ '~ negate ~pe~' s~[fi~ion of Pmvi~i$ Policy, in consideration of
ml~ve im~ of t~ f~ ~ ~tions on si~, ~ ~ ~ wl~m restoration
P~, in ~is i~ ~ level ~e~s ~nable ~d ~mo,~es mg~d m
polic~(s). : ~ r
T~rebre, b~ u~n ~e fi~ings o[ the EIS, 'wi~ appropfi~ ~figation ~ ~te would
appe~ able to ~ppon the golf ~ur~. Hog, ever, prior m finM ~provM of t~
n~ m i~le~nt ~e' u~e, or ~ app~val of a Si~ PI~ Agr~menL we Would
~n~ ~m ~e pmpon~t ~ mqu~md ~ h~ve p~pared ~ ~viro~nml M~e~t
PI~ ~ the satisf~tion of ~ ~nse~mion Authori~, Ci~ ~d Region ~at derails
mi6gmion. Thc~. based
easement limits can be
EMP
~ ~ou for ~ o~o~t
You~ ~1~,
T~
T~
cc:
V. Rodrigucs:, Ci~ of
J. Lally, 29 Redmond.
D. l-ead~amr, Garmer
the aPProved EMP, the ultimate zoning and consurvation
and a Sim Plan Agruemunt to imp{ement thc findings of
;
to comment on this matter. If you have an7 questions
e contact the undersiF~d.
ekering, P]ann'mg
r. Aja~
Lee Limited
006
048
ATTACHMENT # /'~L 'nT
REPORT # PD"-- ,/'~'--~-~
Central
cl ° ;erO ;tai°ri°n
1 O0 Whiting Avenue
Oshawa, Ontario
L1H 3T3
Tel: (905) 579-0411
Fax: (905) 579-0994
June 1, 1999
Town of Picketing
Planning Department
One the Esplanade
Picketing, ON L1V 5K7
Attention: Ms. Valerie Rodri~ues
Dear Madam:
Subject:
Pickering Official Plan Amendment Application 99-003/D
Zoning By-law Amendment Application A 1/99
M. & R. Guy
Part of Lots A & 1, Concession 9
5240 Lakeridge Road
Town of Pickering.
Authority File No.'s: OPA 99-003/D, A 1/99 I.M.S. #: POFG40.
I-REC;EivED
J U Ii 9 1999
TOWN OF PICKERING
Purpose of Application:
To re-designate the subject lands from Agriculture and Natural Areas and rezone them to permit the
development of a nine hole golf course and associated club house, maintenance buildings and other
ancillary structures.
Authority staff has reviewed this site with regard to an application to amend the Region of Durham
Official Plan. We ask that our comments on that application be applied to the current circulation from
the Town. A copy of those comments has previously been forwarded to the Town.
In brief, the comments suggest that a decision on the application be deferred until such time as the
required environmental studies have been completed and approved to the satisfaction of the approval
agencies. At such time, a more informed decision can be made with respect to the proposal.
Thank you for the opportunity to comment on this application. If you have any questions regarding
our comments, or require an additional copy of the referenced letter, please contact the undersigned.
Yours truly,
ATTMHUENTf_ / p
TO
REPORT f PD_ /~ - ~
THE CORPORATION OF THE TOWN OF WHITBT
In the Regional Municipality of Durham
Telephone
905-668-5803
Toronto
905-686-2621
Fax
905-686-7005
MUNICIPAL BUILDING
575 Rossland Road East
Whitby, Ontario
C. nnada
PLANNING DEPARTMENT/ JUt t 9 l~ /
TOWN o~ m
Gary Muller, Planner ~~...~
Region of Durham Planning Department
1615 Dundas Street East, P.O. Box 623
Whitby, Ontario
L1N 6A3
Re:
Durham Regional Official Plan Amendment Application
Jack Lally on Behalf of R. & M. Guy
Lot I and A, Concession 9
Town of Pickering
File: OPA-99-004
Whitby Planning and Public Works staff have reviewed the above-note application, the
purpose of which is to permit a 9-hole golf course, club house and maintenance building
located on the west side of Lakeridge Road north of the CPR line. The following comments
are provided for your consideration.
Given that the receiving watershed for the subject property is the Lynde Creek Watershed
situated primarily within the Town of Whitby, there is concern with potential impacts of the
proposal on surface water drainage and groundwater flows respectively. In particular,
Town staff have reviewed the supporting Hydrogeological Study prepared by Hydro-Geo
Limited for the applicant for compatibility with the Lynde Creek Water Resource
Management Strategy, prepared by Gartner Lee Limited, August 1994 and subsequently
adopted by Whitby Council.
Surface Water Drainage
Whitby staff recommend that the applicant should be requested to prepare a storm water
management plan addressing any potential change to local drainage characteristics, such
as quantity of run-off and erosion potential, which would be of detrimental impact to the
rights of downstream riparian owners. Otherwise, the development of a golf course is not
050
-2-
Groundwater FloWs
Town staff would be concerned should well water quantity or quality of nearby Whitby
residences be adversely impacted as a result of the development proposal. While the
projections of the Hydro-Geo report in this area appear favourable, it is noted that there is
a neighbouring well monitoring program being proposed for the first operating year of the
golf course, and acknowledged responsibility on the part of the applicant to correct individual
well problems should they occur. VVhile this approach is generally satisfactory, should the
principle of development be established through a successful ROPA, a subsequent
development agreement should provide for the well monitoring program including.those
wells of ·adjacent Whitby properties east of Lakeridge Road.
It is noted that the Hydro-Geo report speaks to the use of fertilizers and the expected impact
in terms of nitrate-nitrogen levels, yet no similar comment was made in terms of herbicides
and any proposed plan for controlling their use. This is also an important consideration
which has potential to impact the receiving water course, and should be addressed in the
required Environmental Impact Study (E.I.S.) which we understand is to be prepared.
The Hydro-Geo report indicates that the ground water supply for potable and irrigation
purposes will be obtained from on-site wells, requiring an M.O.E.E. water taking permit.
Your_s truly, f~ /7
La~r~ R~. Cav~~Ma~n ager~
Long Range Policy Planning
CoCo
Phil Watts, Manager of Development Services
N. Carroll, Director of Planning - Town of Pickering
ATTACHMENT # //~ TO
REPORT # PD /~o - ~
051
EARL S. CUDDLE, A.M.C.T., C.M.C.
Administrator-Clerk
June 4, 1999
TOWNSHIP OF SCUGOG
The Regional Municipality of Durham
Planning Depadment
WHITBY, Ontario
L1N 6A3
Attention:
Re:
181 PERRY STREET- P.O. BOX 780
PORT PERRY, ONTARIO L9L IA7
Phone: 905-985-7346
or 905-985-7393
Main Office Fax: 905-985-9914
Clerk's Officc Fax: 905-985-1931 '
Mr. Gary Muller
Current Operations Branch
Application for Regional Official Plan Amendment
Region of Durham File No. OPA 99-004
Mr, Jack Lally, Town of Pickeri.g
Dear Mr. Muller:
Your correspondence dated April 22nd, 1999 requesting comments on the above-noted
Official Plan Amendment Application was presented to the Council of the Township of
Scugog at their last regular meeting, held May 31st, 1999.
Upon review of the application, Council enacted Resolution No. 99-293, a copy of which
is enclosed. I believe the resolution is self explanatory and requires no fudher explanation
on my part.
Should you require any additional information in this regard, please do not hesitate to call
me.
Yours truly,
Earl 8. Cuddie
A.M.C.T., C.M.C.
Administrator-Clerk
O52
ATTACHMENT # /~ TO
REPORT # PD_ /~ -mT)
e
CORRESPONDENCE
8th Regular Meeting
May 31, 1999
579-99
Mr. Gary Muller, Current Operations Branch
The Regional Munici0ality of Durham
Re:
Application for a Regional Official Plan Amendment with
respect to the nine-hole golf course, club house and
maintenance shed in the Town of Pickering - Oak Ridges
Moraine designation
RESOLUTION NO: 99-;293
Moved by: Councillor Gadsden
Seconded by: Councillor Bacon
THAT the Township of Scugog recommends that during
consideration of the proposed golf course, the Town of
Picketing consider the following:-
1. A turf management program should be development to:
curl[ail the use of chemicals in proximity to water
courses;
resl[rict and control the use of fertilizer;,
require an integrated pest management
program; and
require that a qualified consultant be engaged to
report on the above at the end of each golfing
sealson.
Irrigation water should be ddrawn from captured surface
water and not drilled wells.
Carried
ATTACHMENT # / 7 ,TO
REPORT # PD /'/~ - ~
053
June 29, 1999
Our file: RBZ,402,81-48
Your file: O.P.A. 99-004
VIA FAX: (905) 436-6612
The Regional Municipality of Durham
Planning Department
P.O. Box 623, 1615 Dundas St. E.
4th Floor Lang Tower, West Building
Whitby, ON
L1N 6A3
Attention: Gary Muller
Dear Sir'.
RE: Application by Jack Laliy, Part Lot I & A Conc. 9, Town of Pickering
Further to our letter of May 4, 1999 regarding the above application, we have had further
discussions with the applicant with respect to Canadian Pacific Railway's (CPR) fencing
requirement.
We have agreed wiih the applicant that the fencing as provided in our earlier letter, (1.83
metre chain link) will be required at the green area only. The remainder of the site,
along the CPR right of way will remain as is with the current farm fence and existing
trees and brush.
CPR would also like to advise that we have agreed with the applicant, that should
problems arise in the future, upon direction by CPR, the applicant shall provide chain link
fencing (1.83m) along the property 'line, at the applicant's sole cost and expense.
Please do not hesitate to contact me if you require any further information.
Yours truly,.
Josie Tomei
Area Manager
Real Estate
(416) 863-3155
cc: Mr. Robert H. Guy - Lakeddge Precision Inc.
.054
ATFACHMENT#_ J~t:~ TO
REPORT # PD /'G -- oz~
Planning Department
Commissioner's Report to Planning Committee
Report No. 1999-P-47
Date: 'June 8,1999
Public Meeting Report
Application to Amend the Durham Regional Official Plan, submitted by Robert
and Margaret Guy, to permit a nine hole golf course, club house and
maintenance building in the Town of Pickering., File: OPA 99-004
.RECOMMENDATIONS
1. THAT Commissioner's Report No. 1999-P-47 be received for information; and
2. THAT all submissions receiwed be referred to the Planning Department for
consideration.
REPORT
1. Pu .mose
1.1
1.2
2.1
This report provides informatiion on a proposed amendment to the Durham
Regional Official Plan, which is the subject of today's public meeting.
A "Notice of Public Meeting" has been advertised in the appropriate
newspaper. This report was made available to the public prior to the meeting.
Pumose. Site Location and Site Characteristir..~.
On April 16, 1999, Mr. Jack Lally submitted the subject application on behalf of
Robert and Margaret Guy to permit a nine-hole golf course, club house and
maintenance building.
2.2 The subject land.~ ~r~..~ih~t~rl nn th,- ~,--,~ o;,~,~ ,.~, ,.[,.. ~=.~..~ m---, ~n ,
ATTACHMENT # //r~ TO
REPORT#PD , , /'*~
055
Commissioner's Report No. 1999-P-47
Page 2
2.3
2.4
2.5
Town of Pickering. The lands consist of part of Lots 1 & ^, Concession 9, in
the former Township of Pickering (refer to Attachment 1). Access to the
proposed golf course is from an existing driveway onto Lake Ridge Road.
The subject lands are approximately 29.5 ha (73 ac.) in size, are located on the
Oak Ridges Moraine, and slope from north to south. The topography changes
from rolling and hilly at the north end of the site to gently rolling at the south
end. Mature wooded vegetation exists on the north-west and on the east parts
of the site. Substantial work for the golf course has been undertaken, including
tree removal at the north-west part of the site; an irrigation system, including
ponds; construction of retaining walls and the base for paved areas; the
majority of the tees, fairways and greens; sodding, seeding, and coniferous
tree planting; and the maintenance shed, club house and deck.
In addition to the above, the development concept also includes a practice tee,
putting green, chipping green, 50 car parking lot, and a turning circle (refer to
Attachment 2).
The applicants have explained that the golf course was originally intended as a
private facility, for use by their family and friends. The intent now is to operate
the facility as a commercial golf course. The applicant has applied to the
Ministry of Environment for a permit to take water, and to the Health
Department for a permit for a sewage system, but has not received approvals.
Under the Region's Tree Conservation By-law, tree removal that is not
provided for through a building permit or a tree preservation plan approved by
an area municipality, under the provisions of a subdivision, site.plan or
development agreement is not permitted. The applicant did not apply for a
Minor Exception to the Tree Conservation By-law required for tree removal. On
May 3, 1999 the Town of Pickering wrote to the applicant to cease work on the
subject lands until the required applications have been fully dealt with by the
appropriate authorities.
2.6 The following land uses surround the subject lands:
· north -
Hy-Hope Farm, which is a mixed recreational and agricultural
056
ATTACHMENT//_ ?~' TO
REPORT # PD ..... /~;- ~
Commissioner's Report No. 1999-F'-47
Page 3
37.4 ha (92 ac.) of land. Further north is the Dagmar Ski Resort
in the Township of Uxbridge;
· east -
a woodlot, a pond used for skating and a cabin belonging to Hy-
Hope Farms. East of Lake Ridge Road, in the Town of Whitby, .
are single-detached residences on lots approximately 4 ha (10
ac.) in size;
· south -
· west -
CPR tracks, rural residences and farms; and
an abandoned gravel pit, vacant lands and farms.
2.7 A hydrogeologic study, dated March, 1999 prepared by Hydro-cjeo Limited, was
submitted with the application.
3. Durham Regional Official Plan Context
3.1
The site is designated Major' open Space - Oak Ridges Moraine in the Durham
Regional Official Plan. The Major Open Space policies allow conservation,
recreation, reforestation and agriculture and farm related.uses. A golf course
may be permitted in this designation by amendment to the Regional Official.
Plan, subject to the consideration of the following:
·
·
·
·
·
conformity to the Agricultural Code of Practice;
no adverse impact On surrounding agricultural operations;
protection of environmental features;
compliance with Provincial water taking standards; and
compliance with Regional private servicing standards.
4. Pro.nosed Official Plan Amendment
4.1 The applicant is proposing that the Durham Regional Official Plan be amended
by adding the following to Section 14.3.2 (Major Open Spa¢~ System):
"The following golf course has been considered by amendrnent to this Plan and
is permitted:
ATTACHUE~T ~/~_.___TO
REPORT #
057
Commissioner,s Report No. 1999-P-47
Page 4
5.1 The application has been circulated to the Ministry of Municipal Affairs an
Housing, the Town of Picketing, neighbouting municipalities including the ToWn
of Whitby
and the Townships of Uxbr/dge and Scugog, the Central Lake
Ontario Conservation Authority (CLOCA), the Canadian Pacific Railway,
Ontario Hydro Services, and the Regional Works and Health Departments.
5.2 No comments were received as of the date of the PreParation of this report.
6. P__ublic Participatio~
6.1 Anyone who attends the Region's public meeting may present an oral
submission, and/or provide a written submission, to Regional Planning
Committee on the proposed amendment. AlSo, any person may make written
submissions at any time before Regional Council makes a decision.
6.2 If a person who files an appeal to the Ontario Municipal Board of Regional
Council's decision on a proposed official plan amendment does not make oral
submissions at a public meeting, or does not make written submissions before
an amendment has been adopted by Regional Council, the Ontario Municipal
Board may dismiss all or part of the appeal.
6.3
Anyone wishing to be notified of Regional Council's decision on the subject
amendment must submit a written request to:
A. L. Georgieff, M.C.I.P., R.P.P.
Commissioner of Planning, Planning Department
Regional Municipality of Durham
P. O. Box 623, 1615 Dundas Street East
4th Floor, Lang Tower, West Building
Whitby ON LIN 6A3
7. _Future Regional Council Decisiou
(~55
REPORT # PD__/'~- o'~ __
Commissioner's Report No. 1999-P-47
7.2
Page 5
All persons who made oral or written submissions, or have requested
notification in writing, will be given written notice of the future meetings of
Planning Committee and Regional Council at which the subject application will
be considered.
Geo~~ ~~.I.P,,
Commissioner of Planning
Attachments 1. Location Sketch
2. Concept Plan
RECOMMENDED FOR PRESENTATION TO COMMI'i-i'EE
/~.H. C,,~,'M.S.W., C.A.O.
ATTACHMENT
REPORT # PD
~,~ TO
053
TOWNSHIP dj E ~
lIP OF SCUGO~3
TOWN OF WHITBY
Attachment: 1
File: OPA 99-004
Municipality: TOWN OF
PICKERING
UBJECT
SITE
CON 9
LOT 3 ~,
GO'COURSE
CON 1
LOT 1
LOT 1
LOT,
LOT 34
062
ATTACHMENT# /f TO
REPORT # PD ,/~ - ¢,~
STAFF PRESENTATION
MR. GARY MULLER, PLANNER, RE: COMMISSIONER'S
REPORT #1999-P-47 (OPA #99-004)
Mr. Gary Muller, Planner, outlined in detail the contents of
Commissioner's Report #1999-P~47. He advised that the
Planning Department received an application to amend the
Durham Regional Official Plan from Jack Lally, on behalf of
Robert and Margaret Guy, to allow a nine hole golf course, club
house and maintenance building in the Town of Picketing. He
added that the applicants' concept also illustrates a practice
range, parking lot, ponds, and a chipping green. He also noted
that access is proposed from an existing ddveway from Lake
Ridge Road.
Mr. Muller provided information with regard to the subject
property's si;'e and location. He also reported on surrounding
land uses. He noted that because the subject property is next to
the municipal boundary of Whitby, and also within one kilometer
of the Townships of Uxbridge and Scugog, these municipalities
were circulated the application is accordance with Planning Act
regulations.
Mr. Muller also advised that the subject property is designated
"Major Open Space - Oak Ridges Moraine" in the Durham
Regional Official Plan. He noted that any recreational use,
including a golf course, requires an amendment. He reviewed
the criteria provided in the Official Plan for evaluating golf course
amendments.
Mr. Muller further advised that the applicants have submitted a
hydrogeologiical report in support of the application.
Mr. Muller also reported that the Region, in consultation with the
Conservation Authority, the Town of Picketing and the
applicants, is developing Terms of Reference for an
Environmental Impact Study which would be funded by the
applicants.
Mr. Muller also advised that consultation is occurring with
ATTACHM£1~ T #~ TO
REPORT # p~.~.~.~
0 ;3
information from the hydrogeological report. He added that the
Ministry supports the Region in requiting an Environmental
Impact Study.
Mr. Muller further advised that that Regional Health Department
has indicated they will comment when they have received the
comments from the Ministry of Environment regarding the
hydrogeological report; Central Lake Ontario Conservation
Authority has indicated they will comment when an
Environmental Impact Study has been completed and reviewed;
Regional Works Department require that the existing access be
improved to meet the Region's standard for rural commercial
entrances; CPR has provided comments regarding fencing and.
drainage; the Township of Uxbridge has indicated it does not
support the application and notes the golf course and some
accessory buildings were completed without regard roi: the
planning process; and the Township of Scugog has requested al
turf management plan and has also requested that irrigation
water be drawn from surface water and not drilled wells.
Mr. Muller noted that he is still awaiting comments from the
Towns of Picketing and Whitby.
Mr. Muller also advised that no written public submissions have
been received to date;' however there have been two telephone
inquiries requesting information on the status of the application
and noting concerns' about the progress of development on the
site.
Mr. Muller further advised that the applicant has indicated that
site works have been completed including: tree removal,
sodding, seeding, grading, tree planting, changes to the existing
dwelling to facilitate the club house, the introduction of ponds,
the irrigation system and grading for the parking lot.
Mr. Muller also reported that on May 5, 1999, the Town of
Pickering Chief Building Official issued a Stop Work Order, as a
result of construction taking place without the required permits.
Mr. Muller added that the Town of Picketing By-Law
Enforcement Office is also investigating the matter.
REPORT # PD~
.064
MR. PAY WiNTERSTEIN, 177 LAKE NIPISSING ROAD,
NIPISSING, ONTARIO, P0H 1W0, RE: cOMMISSIONER'S'
Mr. Winterstein introduced himself as the previous owner of the
subject property, twice removed. He indicated that he had
submitted an application for a draft plan of subdivision ten years.
ago which was not approved as a result of inactivity. He stated
that he is not against the proposed golf o3urse development.
His purpose in appearing before the Committee today is to
ensure that all of the proper studies are .conduCted with respect
to the current application.
Mr. Winterstein reviewed the problems which ultimately rendered
his application inactive ten years ago, including: the inability to
address concerns expressed by local Conservation Authorities
with respect to development in the Oak Ridges Moraine; the
inability to meet technical requirements to address the issue of
access from Regional Road 23; and the inability to comply with
the request from the Province for an archaeological assessment
on the subject site because of the high potential for
archaeological remains.
Mr. Winterstein noted there had been no resident opposition to
the proposed development at that time.
Mr. Winterstein agreed to provide the Planning Department with
copies of documentation from ten years ago that he was using
as reference material.
Mr. Winterstein responded to questions from members of the'
Committee.
The recommendations contained in Commissioner's Report
#1999-P-47 were adopted later in the meeting (see Page 7, item
2.1).
O6O
ATTACHMENT f/ ,,/,'~, TO
REPORT # PD /~- d-o
I!
SCORECARD
$ 50Z
3 & ~
& & ZTS Z69
S ~ 17S 163
6 & 3Z3
ATTACHMENT # /'~::~ TO
REPORT # PD ./~-
053
TOWNSHIP
KEY MAP
tiP OF SCU¢
Attachment: 1
File: OPA 99-004
Municipality: TOWN OF
PICKERING
TOWN OF
TOWN OF WHITBY
PIT :
BJE
SITE
CON 1
GOLF COURSE
LOT 1
LOT 34
CON 9
LOT 3
LOT 1
LOT
ATTACHMENT#_ /7 TO
REPORT # PD_ /'~- C~
t
COMMISSIONER'S REPORTS
APPLICATION TO AMEND THE DURHAM REGIONAL
OFFICIAL PLAN, SUBMITTED BY ROBERT AND MARGARET
GUY, TO PERMIT A NINE HOLE GOLF COURSE, CLUB
HOUSE AND MAINTENANCE BUILDING IN THE TOWN OF
PICKERING, FILE: OPA #99-004 (#1999-P-47)
Report #1999-P-47 was received from A.L. Georgieff,
Commissioner of Planning. Staff presentations and delegations
were heard eadier in the meeting. [See Pages 3 to 7, Items 3.a)
and 4.a) to d).]
MOVED by Councillor Dickerson,
(124) "a) THAT Report #1999-P-47 of the Commissioner
of Planning be received for information; and
b)
THAT all submissions received be referred to
the Planning Department for consideration."
CARRIED
062
ATTACHMENT
REPORT # PD
STAFF PRESENTATION
MR. GARY MULLER, PLANNER, RE: COMMISSIONER'S
REPORT #1999-P-47 (OPA #99-004)
Mr. Gary Muller, Planner, outlined in detail the contents of
Commissioner's Report #1999-P:47. He advised that the
Planning Department received an application to amend the
Durham Regional Official Plan from Jack Lally, on behalf of
Robert and Margaret Guy, to allow a nine hole golf course, club
house and maintenance building in the Town of Picketing. He
added that the applicants' concept also illustrates a practice
range, parking lot, ponds, and a chipping green. He also noted
that access is proposed from an existing ddveway from Lake
Ridge Road.
Mr. Muller provided information with regard to the subject
property's size and location. He also reported on surrounding
land uses. He noted that because the subject property is next to
the municipal boundary of Whitby, and also within one kilometer
of the Townships of Uxbridge and Scugog, these municipalities
were circulated the application is accordance with Planning Act
regulations.
Mr. Muller also advised that the subject property is designated
"Major Open Space - Oak Ridges Moraine" in the Durham
Regional Official Plan. He noted that any recreational use,
including a golf course, requires an amendment. He reviewed
the criteria provided in the Official Plan for evaluating golf course
amendments.
Mr. Muller further advised that the applicants have submitted a
hydrogeological report in support of the application.
Mr. Muller also reported that the Region, in consultation with the
Conservation Authority, the Town of Pickering and the
applicants, is developing Terms of Reference for an
Environmental Impact Study which would be funded by the
applicants.
Mr. Muller also advised that consultation is occurring with
v~rinus ~oencies. He noted that the Ministry of Munici[:)al Affairs
ATTACHMENT//_ /~ TO
REPORT//PD,., (% - o~
065
DEPUTATIONS
MR. DONALD STEWART, 2115 AUTUMN BREEZE DRIVE,
MISSISSAUGA, ONTARIO, L5B 1R3, RE: COMMISSIONER'S
REPORT #1999-P-47 (OPA #99-004) ~
Mr. Stewart introduced himself as the owner of the property
immediately to the west of the subject property. His purpose in
appearing before the Committee today is to advise that his
property has not been abandoned, as indicated on the location
sketch.
The recommendations contained in Commissioner's Report
#1999-P-47 were adopted later in the meeting (see Page 7, Item
2.1).
There were no further comments from the public with respect to
this application.
066
ATTACHMENT f/ .J,%oTO
REPOR'I' # PD /~, -' ~':~
Excerpts from Statutory Information Meeting Minutes
of
Thursday, June 17, 1999
STATUTORY PUBLIC INFORMATION MEETING MINUTES
A Statutory Public Information Meeting was held on Thursday, June 17, 1999 at 7:00
p.m. in the Council Chambers.
The Manager, Policy Division, provided an overview of the requirements of the Planning
Act and the Ontario Municipal Board respecting this meeting and matters under
consideration thereat.
(1)
o
DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION
99-004/D, PICKERING OFFICIAL PLAN AMENDMENT APPLICATION
99-003/P, ZONING BY-LAW AMENDMENT APPLICATION A 1/99
M. AND R. GUY
PART OF LOTS A & 1, CONCESSION 9
(5240 LAKE RIDGE ROAD~ NORTH OF REGIONAL ROAD 5)
Valerie Rodrigues, Senior Planner, provided an explanation of the application, as
outlined in Information Report # 13-99.
Bob Martindale, Planning Consultant representing the applicant, commented that
the overall tenure of the report appears to be quite negative. All residents
approached concerning the application were in support. He advised that he will
be contacting the MOE questioning what is missing in the hydrogeological report.
An Environmental Impact Study has already been undertaken. The Central Lake
Ontario Conservation Authority will be participating in the environmental study.
An archaeological study will be undertaken.
Lois James, 2270 Meadowvale Road, Scarborough, member of Save the Rouge
and Save the Oak Ridges Moraine Conservation, stated her opposition to this
application. She questioned if a statement has been received from either of these
organizations concerning this item.
Richard Ward, 3709 Regional Road 9, Orono, stated his concern with respect to
process and procedure. He questioned when the Town received this application
and why it was heard at the Region of Durham first.
Bob Martindale, Planning Consultant representing the applicant, stated that the
ATTACHMENT # ,~ (' , TO
REPORT # PD ~;
067
INFORMATION REPORT NO. 13-99
FOR PUBLIC INFORMATION MEETING OF
June 17, 1999
IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS
OF THE PLANNING ACT, R.S.O. 1990, chapter P.13
SUBJECT:
Durham Regional Official Plan Amendment Application 99-004/D
Picketing Official Plan Amendment Application 99-003/P
Zoning By-law Amendment Application A 1/99
M. & R. Guy
Part of Lots A & 1, Concession 9
(5240 Lake Ridge Road, north of Regional Road 5)
Town of Picketing
1.0 PROPERTY LOCATION AND DESCRIPTION
the site is located on the west side of Lake Ridge Road directly north of the Canadian
Pacific Railway tracks, north of the Ninth Concession Road (see Attachment #1 for
location map);
- the site has an area of just less than 30 hectares, and has approximately 196 metres of
frontage on, including an access to, Lake Ridge Road;
- a 9-hole golf course has recently been established on the site;
- the site is sodded, has natural and relocated vegetated areas with mature wooded areas
to the north and east of the site, six man-made ponds and an irrigation system, a stone
and wood-frame building with extensive deck (previous residence) now partially
renovated into a club house, a large metal maintenance/storage building, and a pump
house;
- an intermittent tributary of the Duffins Creek passes through the site from the
north-west to the south-east through the wooded area alongside Lake Ridge Road;
- the site has generally rolling topography, and the elevation rises steeply to the north
of the site;
- lands directly to the north and north-east, directly south of the Township of Uxbridge,
support a mixed agricultural operation (primarily pork production with between
200 to 700-head), including a greenhouse, apple orchard, bake shop/associated retail
operation, a residence and trailer; and active seasonal recreational uses, including an
18-hole executive golf cour.se, and tobogganing area;
- lands to the east, in Whitby, are agricultural and rural residential; to the west and
south are rural residential, agricultural, and include an abandoned gravel extraction
operation.
0 ~ ~ Information Report No. 13-99
ATTACHMENT # ~ / TO
REPORT # PD /'~, ~ 07)
Page 2
- four new wells were drilled for the purpose of pump testing, one of which was
successful and was used as the test well for the hydrogeological study, and is intended
to be used for furore irrigation;
- the applicant's site plan, entitled "Heather Glenn Golf Course" is included as
Attachment #2.
3.0 OFFICIAL PLAN AND ZONING
3.1 Durham Regional Official Plan
designated "Oak Ridges Moraine" within the "Major Open Space System";
the Oak Ridges Moraine is to, be protected as a unique landform containing the
headwaters of the Region's major rivers and waterfronts as vital components of the
Region's natural, built and cultural environments; lands within this designation are
restricted to conservation, recreation, reforestation and agricultural uses;
this designation does not permit recreational uses, except by amendment to the
Regional Plan, and such uses are subject to the results of an environmental impact
study conducted by an appropriate consultant retained by the Region, in consultation
with the Town, at the expense of the applicant;
Lake Ridge Road is under the jurisdiction of the Region of Durham, and is designated
a Type A Arterial;
3.2 Pickerin~ Official Plan
- Schedule I - "Land Use Structure" designates the lands "Agricultural Areas" and
"Open Space System - Natural Areas";
- Agricultural Areas permit primary agricultural uses, as well as complementary and
supportive agricultural uses; Natural Areas permit conservation, environmental
protection, restoration, education, passive recreation, an existing lawful dwelling, and
one new dwelling on a vacant lot;
- redesignation to "Open Space System - Active Recreational Areas" is necessary in
order to permit this proposal;
- Schedule III - "Resource Management" designates the lands "Oak Ridges Moraine";
this designation recognizes that the Moraine provides a wide range of environmental
functions critical to the maintenance of healthy water resources and natural heritage
values; uses and activities within the Moraine are to be consistent with the principles
of the Oak Ridges Moraine Implementation Guidelines;
- Schedule II "Transportation System" designates Lake Ridge Road as a
Type A Arterial; these types of roads are designed to carry large volumes of traffic
over relatively long distances; have access restrictions; and generally have a right-of-
way of width between 36 to 50 metres;
3.3 Zoning By-law 3037
the site is zoned "A" - Rural Agricultural in By-law 3037, which permits primarily
agricultural uses, including a residential dwelling;
Information Report No. 13-99
ATTACHMENT # ,~ / TO
REPORT # PD _/'E; - ccd .__
I-'age J
4.0
RESULTS OF CIRCULATION
06.9
4.1
4.2
Resident Comments
To date, no comments have been received in response to the Town's circulation;
however, comments have been received by the Town as part of a booklet prepared by
the owners and submitted with the application; a map of residents contacted, a
summary of their comments, and copies of the comment letters, most of which
indicate support for the golf course development, are attached (see Attachments # 3
to #11);
Agency Comments
Ontario Ministry of Municipal Affairs and Housing - the submitted hydrogeological
report has been forwarded to the Ministry of the Environment (MOE) for review and
technical input; the MOE has indicated that the hydrogeological report is not adequate to
determine whether or not the proposal satisfies the Provincial Policy Statement respecting
the Oak Ridges Moraine (ORM) Implementation Guidelines, and that MOE will resume
its review once a revised report, which satisfies the ORM principles, is submitted; an
environmental impact study (EIS) is also required, and once submitted, will be forwarded
to the Ministry of Natural Resources for review regarding the ORM Guidelines (see
Attachments #12 and #13);
Ontario Ministry of the Environment - indicates that they will determine whether the
proposal meets the principles of the ORM Guideline once it is circulated to them through
the Provincial "One Window" plan review process; they further comment that the
applicant has submitted a Permit to Take Water application; however, their normal
practise is to not issue a permit until the planning designation is in place as they do not
wish to pre-empt or pre-judge the outcome of the plan review, nor do they reserve water
for future use (see Attachment #14);
The Regional Municipality of Durham Planning Department - indicates that additional
studies are required to address Regional Official Plan and Provincial plan review
responsibilities; an Environmental Impact Study (EIS) is required to be funded by the
applicant indicating, in addition to the hydrogeological study already undertaken, an
assessment of vegetation, wildlife, drainage, and other matters, as well as a comparison of
these with previous documented conditions, to indicate how the proposal satisfies the
Regional Official Plan and Oak Ridges Moraine Guidelines; a draft terms of reference for
the EIS is provided; also identified is a high archaeological potential for the site,
therefore, an archaeological assessment, independent to the EIS, is required (see
Attachment # 15);
The Regional Municipality of Durham Health Department - is unable to comment as
they have not received positive comments from MOE regarding the hydrogeological
assessment of the proposed water supply and sewage system (see Attachment #16);
The Central Lake Ontario Conservation Authority - staff have reviewed the proposal
and note that the property is located on the southern limits of the Oak Ridges Moraine;
O7O
Information Report No. 13-99
ATTACHMENT f_ ,-.~ ! TO
REPORT # PD 4
Page '
4.3
Amendment Application as the recent activities on the lands have been completed in total
disregard for the planning process and are contrary to local zoning and the Region's
Official Plan, whereas the Regional policies require adherence to stringent criteria in
order to ensure that proposed uses are appropriate and the Moraine is protected (see
Attachment # 18);
Canadian Pacific Railroad - requests a 1.83-m-high chain link fence be constructed and
maintained, with a covenant to this effect, along the common property line at the owner's
expense; any changes to drainage patterns affecting the Railway lands must receive prior
approval from the Railway, and be substantiated by a drainage report; and any utilities
proposed to pass over or beneath Railway property must have prior approval and be
covered by the Railway's standard agreement (see Attachment # 19);
No Objections or Concerns: - The Durham District School Board;
Staff Comments
4.3.1
Policy Requirements of the Town's and Regional Official Plans
golf courses may be permi~ed by' amendment to the Plan if the proposal meets the
intent of the Oak Ridges Moraine Guidelines, as determined by MOE, MAAH, and
MNR, and provided:
· it is conformity with the Agricultural Code of Practice for the minimum distance
of separation from existing livestock operations;
· it does not adversely impact existing agricultural operations;
· it is environmentally sensitive to existing wetlands, water courses and
groundwater resources;
· it conforms to MOE and CLOCA guidelines for water usage;
· it conforms with MOE and/or Regional standards for private sewage works; and
that
· a report addressing the above points is submitted prior to the passing of an
implementing by-law;
the Town aims to protect and enhance the cultural and natural heritage of the Rural
Area while conserving the rural agricultural land resource base for future generations.
In addition, the Town aims to encourage a vibrant rural economy with a wide range of
rural uses and activities, including outdoor rural recreational uses, which contribute to
the diversity of economic activities in the area;
Town Council may consider additional uses in the Rural Area, by amendment to the
Plan, provided Council is satisfied that:
· through a Planning Analysis, the proposed use is an overall benefit to the Town
and is not contrary to the goals, objectives and general purpose and intent of the
Plan;
· through an Agricultural Report, the proposed use does not significantly adversely
affect the amount or quality of Class 1 - 3 agricultural lands, complies with the
agricultural minimum distance separation formulae, and cannot be accommodated
on less significant agricultural lands, in a hamlet or urban area; and
Information Report No. 13-99
ATTACHMENT # ..~/ TO
REPORT # P~age 5 '/~ ~ c~
071
4.3.2
4.3.3
Environmental Impact Study (EIS)
a steering team has been established by Regional Planning staff to prepare or refine
the draft terms of reference for the Environmental Impact Study required through the
Regional Official Plan;
the team is composed of the proponent's representatives, being the consulting
Planner, Hydrogeologist, and Golf Course Designer; a CLOCA representative; and
Town and Regional Planning staff;
a revised draft terms is currently being produced;
once the terms of reference is completed, the Region will seek proposals from several
qualified consultant firms to undertake the study;
the matters covered by the EIS largely overlap many of the requirements of the
Town's Official Plan, particularly with regard to the specified Environmental Report;
the EIS must also address the principles of the Oak Ridges Moraine Guidelines,
primarily relating to hydrogeological impacts to baseflows, water quality, storage
levels and capacities, and to recharge capacity, and groundwater quality;
the Provincial departments which provide plan review services through the one
window approach, being MAAH, MOE, and MNR, the Town, the Region, and
CLOCA will all review the final EIS report to determine the environmental
acceptability of the subject golf course;
Hydrogeologic Investigation
- the study prepared indicates that the site is located within the Lynde Creek Drainage
Basin of the Oak Ridge Moraine (ORM), as defined by the 245m ASL topographic
contour;
- the study further determines, however, that the subject site is actually located just
beyond the glacial kame moraines feature, and are not therefore located within the
true physiographic region of the Oak Ridges Moraine, nor, apparently are the soils
characteristic of the ORM;
the site was used mainly for farming from 1890 to 1986;
the owner's hydrogeological consultants did 72-hour well pump testing between
November 6 and 30th, 1998;
of 5 possible acquifers identified in the study area, acquifer No. 3 at a depth of from
30.5 to 61 metres and which supplies domestic water to about a quarter of the wells
within 1.5 kilometres of the site, was chosen by the consultant as the test well and to
provide the water supply for the proposal;
during the test pumping, 7 on- and off-site wells were monitored for possible well
interference;
- the results of the test pumping was no significant interference between the test well
and the existing monitored off-site wells;
- the overall results of the study are that the test well could supply the Water for the
course, the dug-out on-site ponds could serve as water reservoirs for irrigation, and
that a conventional in-ground leaching bed sewage system could operate during the
golf course season;
- the study recommendations include a water quantity monitoring program for the first
operating season on the 7 wells initially monitored, water quality sampling on
neighboring wells to establish baseline conditions prior to the course opening, and
Information Report No. 13-99
ATTACHMENT #_
REPORT # PD_
Page
4.3.4 Additional Matters
5.0
- Durham Region's Public Meeting for the Regional Official Plan amendment
application was held on June 8th, 1999; a staff representative from the Town was
present to hear presentations from Regional Planning staff and the public; 3 area
landowners spoke at the meeting, yet indicated neither support nor objection to the
proposal;
- a "stop work order" was issued by the Town in April for the club house renovations
which were proceeding without a building permit;
- golf course proposals are also subject to site plan review.
BACKGROUND
6,,0
7.0
7. I
7.2
these lands have been the subject of two previous sets of applications (Regional
Official Plan Amendment:s; Draft Plan of Subdivision; & Zoning By-law
Amendments) proposing estate residential subdivisions; the first applications were
submitted in 1988 by G. & J. Mueller, for 8 lots; this proposal' was withdrawn and
superseded in 1990 by applications by ERS Holdings Lt& & Ray Winterstein
Masonry Ltd.; this second proposal included westerly-abutting property
(Part of Lot 2, Concession 9),; it proposed 26 lots;
the latter proposal was refused by the Region of Durham at the end of 1995, as it was
inactive.
PROCEDURAL INFORMATION
- written comments regarding 'this proposal should be directed to the Planning
Department; oral comments may be made at the Public Information Meeting;
- all comments received will be noted and used as input in a Recommendation Report
prepared by the Planning Department for a subsequent meeting of Council or a
Committee of Council;
if you wish to reserve the option to appeal Council's decision on the zoning by-law, or
the Region's decision on the official plan amendment, you must provide comments to
the Town before Council adopts a zoning by-law or official plan amendment for this
proposal;
- if you wish to be notified of Council's decision regarding this proposal, you must
request such in writing to the Town Clerk.
OTHER INFORMATION
Appendix I
list of neighbourhood residents, community associations, agencies, and
Town Departments that have commented on the applications at the time of writing
report;
Information Received
a copy of the "Hydrogeologic Study: Heather Glenn Golf Course", prepared bv
ATTACHMENT ~._ ~/ .TO
REPORT # PD ~'~
APPENDIX I TO
INFORMATION REPORT NO. 13-99
COMMENTING RESIDENTS AND LANDOWNERS
(1)
submission from owner including: map showing location of residents responding;
summary of comments from 14 residents/landowners; and letters from:
L. Avis;
· C. & S. Fennell;
· F. & B. Andrews;
· A. Mcneillie;
· K. & D. Sanderson;
· the Starling Family;
· S. & J. Connechie;
COMMENTING AGENCIES
0)
(:)
(3)
(4)
(6)
(7)
Ontario Ministry of Municipal Affairs and Housing
Ontario Ministry of the Environment
The Township of Uxbridge
The Regional Municipality of Durham Planning Department
The Central Lake Ontario Conservation Authority
The Durham District School Board
Canadian Pacific Railroad
COMMENTING TOWN DEPARTMENTS
(1) Planning Department
07,4
C..~4,.1, OF Plo.,
RECOMMENDATION OF THE EXECUTIVE COMMITTEE
DATE
MOVED BY
SECONDED BY
A by-law should be enacted to authorize the execution of a lease agreement with O.J.
Muller to lease those lands consisting ora stone house and 6.074 acres, to use and occupy
the property or the premises to cultivate the land for cash and to store market nursery
stock. The property and premises are located on Brock Road North, Pickering, and
compromising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3,
Plan 40R-7012.
REPORT TO
COUNCIL
075
FROM:
Everett Buntsma
Director, Operations & Emergency Services
DATE: February 8, 2000
REPORT NUMBER: OES 02-00
SUBJECT:
O.J. Muller Landscape Contractor Ltd.
Lease Agreement
- File: CO1000
RECOMMENDATION:
A by-law should be enacted to authorize the execution of a lease agreement with O.J. Muller to
lease those lands consisting of a stone house and 6.074 acres, to use and occupy the property or
the premises to cultivate the land for cash and to store market nursery stock. The property and
premises are located on Brock Road North, Pickering, and compromising those parts of Lot 19,
Concession 3, Picketing, designated as Parts 2 and 3, Plan 40R-7012.
ORIGIN:
Property formerly owned byVeridian Connection (formerly known as Picketing Hydro-Electric
Commission)
AUTHORITY:
Municipal Act, R.S.O. 1990, chapter M.45, subsection 191(1)
FINANCIAL IMPLICATIONS:
Rent for 2000 $1,200/month x 12 =
Rent for 2001 $1,200/month x 12 =
Rent for 2002 $1,200/month x 12 =
Plus G.S.T.
Business taxes
$14,400
$14,400
$14,400
$43,2OO
(to be determined)
0 7 ~ Report to Council OES 02-00
~ubject:O.J. Muller Landscape Contractor Ltd.
Lease Agreement
Date: February 8, 2000
Page 2
BACKGROUND:
The subject property was deeded to the City as part of an agreement with Veridian Connection
(formerly known as Picketing Hydro Electric Commission) in November 1999.
The property is presently used as a nurse .ry for a landscape business and the home on the property
is used' for residential purposes. Much of the property is natural woodlot ancillary to the
residential and nursery use.
The lease is generally similar to other leases of land in the vicinity owned by the City of
Pickering. Some new clauses have been included by our Legal Services Division to cover the
residential use of the existing home.
The term of lease is 3 years, which will result in this lease terminating on the same date as other
leases of land in the immediate vicinity owned by the City.
The rent being recommended is similar to what the tenant was paying in 1999. Any increase
will require further notification to the tenant.
The Department of Operations & Emergency Services recommends approval of the lease
agreement as it is presented.
Land values are similar to other City owned properties in the area (approximately $6,000/acre).
ATTACHMENTS:
1. By-Law
2. Location Map
3. Lease Agreement
Prepared B : ~ Reviewed:
verett Buntsma
Director, Operations & Emergency Services City Solicitor
EB:mld
Attachments
Copy: Chief Administrative Officer
City Solicitor
A. AC e EN'r# / TO REPORT
THE CORPORATION OF THE CITY OF PICKERING
077
BY-LAW NO.
Being a by-law to authorize the execution of a Lease Agreement
between The Corporation of the City of Pickering and O.J. Muller
Landscape Contractor Ltd. for the leasing of those lands consisting
of a stone house and 6.074 acres located on Brock Road North,
Picketing, and compromising those parts of Lot 19, Concession 3,
Picketing, designated as Parts 2 and 3, Plan 40R-7012.
WHEREAS pursuant to the provisions of subsection 191 (1) Municipal Act, R.S.O. 1990, chapter
M.45, the Council of The Corporation of the City of Picketing may by by-law lease premises
owned by the Corporation;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
The Mayor and clerk are hereby authorized to execute a Lease Agreement in the form
acceptable to the City Solicitor for a three (3) year term ending December 31, 2002,
between the Corporation of the City of Picketing and O.J. Muller Landscape Contractor
Ltd.
BY-LAW read a first, second and third time and finally passed this 28th day of February, 2000.
Wayne Arthurs, Mayor
Brace Taylor, Clerk
078
ATTACHPIENT #,,~ TO REPORT #,,~-~ ~'
F'OUF;~TH CONCESSION
ROAD
of Pick_er~ng
Centre
DERSAN
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STREET
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Driving F/ange
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ATTACHHENT #~_ TO REPORT #0~ (~-~
THIS LEASE made pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapter
M.45, as of the 1st day of January 2000.
BETWEEN:
THE CORPORATION OF THE CITY OF PICKERING
herein called the "Landlord"
OF THE FIRST PART,
O.J. MULLER LANDSCAPE CONTRACTOR LTD.
herein called the "Tenant"
OF THE SECOND PART.
In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as
follows:
LEASE AND TERM
The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located
on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Picketing,
designated as Parts 2 and 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein called the
"Term") commencing on the 1st day of January 2000 and expiring on the 31st day of December 2002
unless the Term is earlier terminated.
RENT
(1)
(2)
The amount of the rent payable by the Tenant to the Landlord monthly and every month during
the Term is $1,284.00 ($1,200.00 plus G.S.T. of $84.00) payable in monthly installments, plus
any applicable taxes.
Place and Manner of Payment
Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of
the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or
at such other place as the Landlord shall from time to time designate, and the Landlord may
require the Tenant to provide post-dated cheques for this purpose.
3. GENERAL COVENANTS
08O
4. USE AND OCCUPANCY OF PREMISES
The Tenant covenants with the Landlord:
(a)
(c)
(d)
(e)
Conduct of Business
To use and occupy the prope~y or the Premises during the Term, to cultivate the land for cast
crops and to store and market nursery stock, which would include natural stone, packaged pea
moss and other related landscape materials. The outdoor storage area for these materials are t¢
be in a location that would not: be visible from the road. The Tenant covenants to not use th{
property or Premises for any use that is in contravention of any ordinance or law;
Hours of Operation and Illumination
To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, local time, ant
not to illuminate any sign or ar~y part of the Premises not contained within a building o
structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time;
Business Name
To carry on business on the Premises under the name and style of O.J. Muller Landscape
Contractor and under no other name or style unless approved in writing by the Landlord;
Appearance, etc. of Premises
To maintain and operate the Premises so that they shall always be of good appearance an(
suitable for the proper operation of the business required to be carded on therein and comparabl~
with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy
clean and clear of all refuse; and.
By-Laws
To comply at its own expense with all municipal, federal and provincial sanitary, fire and safet,
laws, regulations and requirements pertaining to the occupation and use of the Premises, th~
conditions of the Leasehold Improvements, trade fixtures, furniture and equipment installed by o
on behalf of the Tenant therein and the making by the Tenant of any repairs, changes o
improvements therein.
5. TAXES
(IL)
Payment by Tenant
The Tenant covenants with the Landlord to pay promptly when due to the taxing authority o
authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoeve~
whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of th~
Premises and any and every business carried on in the Premises by the Tenant, or in respect o
the use or occupancy thereof (including licence fees and including, without limitation, any G.SJ
and realty taxes which may be applicable).
08I
LICENCES, ASSIGNMENT AND SUBLETTING
(1) Licences
The Tenant shall not permit any part of the Premises to be used or occupied by any persons other
than the Tenant and the employees of the Tenant, or permit any part of the Premises to be used or
occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other
than the Tenant, its employees, customers and others having lawful business with it.
(2) Assignment and Subletting
The Tenant shall not assign this Lease or sublet all or any part of the Premises.
SIGNS
(a)
(b)
(c)
(d)
The Tenant shall be permitted to maintain an identification sign at or near the frontage of the
Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant
is required to carry on business under the provisions of this Lease unless the Landlord shall
otherwise approve in writing.
Such sign, including the size, location, arrangement and type of lettering, its colour, illumination
and all its other appearance and design features shall be subject to the prior written approval of
the Landlord.
The Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or
display of any kind anywhere outside the Premises or within the Premises so as to be visible
from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands
adjacent to the Premises, except with the prior written consent of the Landlord.
Should the Landlord at any time object to any sign, symbol, notice, lettering or display either
affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith
upon request.
ABANDONED PROPERTY
The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the
Tenant left in the Premises if the Tenant has vacated the Premises.
10.
DEATH OF A TENANT
If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be
terminated 30 days after the death of the Tenant.
11. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES
(3)
(4)
by an adequate description of the contemplated work and, where appropriate, working drawings
and specifications thereof. All work to be performed on the Premises shall be performed b3
competent contractors and subcontractors of whom the Landlord shall have approved, sucl:
approval not to be unreasonably withheld. All such work shall be subject to inspection by and the
reasonable supervision of the, Landlord, and shall be performed in accordance with an3
reasonable conditions or regulations imposed by the Landlord and completed in a good an¢
workmanlike manner in accordance with the description of work approved by the Landlord.
Liens and Encumbrances on Improvements and Fixtures
In connection with the making, erection, installation or alteration of Leasehold Improvement,~
and trade fixtures and all other work or installations made by or for the Tenant in or on the
Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and othe]
statutes from time to time applicable thereto, including any provision requiring or enabling the
retention by way of hold-back of portions of any sums payable, and except as to any such hold.
back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage
conditional sale agreement or ether encumbrance in respect of its Leasehold Improvements or
without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take
any action as a consequence of' which any such mortgage, conditional sale agreement or othe]
encumbrance would attach to tire Premises or any part thereof. If and whenever any mechanics
or other lien for work, labour, se, rvices or materials supplied to or for the Tenant or for the cost o:
which the Tenant may be in any' way liable or claims therefore shall arise or be filed or any suc[
mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall withir
twenty (20) days after receipt of notice thereof procure the discharge thereof, including an)
certificate of action registered in respect of any lien, by payment or giving security or in sucl:
other manner as may be required or permitted by law, and failing which the Landlord may ir
addition to all other remedies hereunder avail itself of its remedy under section 12 hereof ant
may make any payments required to procure the discharge of any such liens or encumbrances
shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right tc
reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establisl:
or claim that any lien or encumbrance so discharged was without merit or excessive or subject tc
any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgagin~
or encumbering its chattels, furn~tm:e or equipment not of the nature of fixtures.
Removal of Improvements and Fixtures
(a)
All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed b)
the Tenant from the Premises either during or at the expiration or sooner termination o~
the Term. Such removal shall be at the expense of the Tenant.
(b)
The Tenant shall, in the case of every removal either during or at the end of the Term.
make good at the expense of the Tenant, any damage caused to the Premises by the
installation and removal of all Leasehold Improvements, trade fixtures, furniture ani
equipment.
12.
INSURANCE AND LIABILITY
(1) Tenant's Insurance
(2)
(3)
(b) insurance against such other perils and in such amounts as the Landlord may from time to
time reasonably require upon not less than 90 days written notice, such requirement to be
made on the basis that the required insurance is customary at the time for prudent tenants
of similar properties.
All insurance required to be maintained by the Tenant hereunder shall be on terms and with
insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver
by the insurer of any rights of subrogation or indemnity or any other claim over to which the
insurer might otherwise be entitled against the Landlord or the agents or employees of the
Landlord, and shall also contain an undertaking by the insurer that no material change adverse to
the Landlord or the Tenant will be made, and the policy will not lapse or be cancelled, except
after not less than thirty days written notice to the Landlord of the intended change, lapse or
cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it,
certificates or other evidences acceptable to the Landlord as to the insurance from time to time
effected by the Tenant and its renewal or continuation in force, together with evidence as to the
method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade
fixtures, furniture and equipment, and if the Landlord reasonably concludes that the full
replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent
increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in
force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding
sentence are unacceptable to the Landlord or no such evidences are submitted within a
reasonable period after request therefore by the Landlord, then the Landlord may give to the
Tenant written notice requiring compliance with this section and specifying the respects in which
the Tenant is not then in compliance with this section. If the Tenant does not, within 72 hours or
such lesser period as the Landlord may reasonably require having regard to the urgency of the
situation, provide appropriate evidence of compliance with this section, the Landlord may, but
shall not be obligated to, obtain some or all of the additional coverage or other insurance which
the Tenant shall have failed to obtain, without prejudice to any other rights of the Landlord under
this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by
the Landlord in that connection as additional rent pursuant to section 12 hereof.
Limitation of Landlord's Liability
The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any
property belonging to the Tenant or its employees, invitees or licensees or any other person in, or
about the Premises.
Indemnity of Landlord
The Tenant shall indemnify and save harmless the Landlord in respect of:
(a)
all claims for bodily injury or death, property damage or other loss or damage arising
from the conduct of any work by or any act or omission of the Tenant or any agent,
employee, contractor, invitee or licensee of the Tenant, and in respect of all costs,
expenses and liabilities incurred by the Landlord in connection with or arising out of all
such claims, including the expenses of any action or proceeding pertaining thereto;
(b)
any loss, cost, expense or damage suffered or incurred by the Landlord arising from any
breach by the Tenant of any of its covenants and obligations under this Lease; and
084
(b) To provide to the Landlord with particulars of all automobiles (which term includes passenge:
vans and light trucks) to be parked on the Premises and to comply with all by-laws relater
thereto;
(c) The water closets and other water apparatus shall not be used for any purpose other then those fo:
which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substance:
shall be thrown therein. Any. damage resulting to them fi.om misuse or fi.om unusual o'
unreasonable use shall be borne; by the Tenant who or whose family, guests, visitors, servants
clerks or agents shall cause it;
(d) All awnings or shades over and. outside of the windows desired by Tenants shall be erected a
their own expense: they must be; of such shade, colour, material and make as may be prescribe~
by the Landlord and shall be put up under the direction of the Landlord or his agents;
(e) The Tenant must observe strict care not to allow their windows to remain open so as to admi
rain or snow. For any injury caused to the property of the Landlord by such carelessness th,
Tenant neglecting this rule will be held responsible;
(f) No additional locks shall be placed upon any door of the Premises, without the written consent o
the Landlord which shall be endorsed hereon;
(gl} No Tenant shall do, or permit anything to be done in said Premises or bring or keep anythint
therein which will in any way increase the risk of fire or the rate of fire insurance on th,
Premises, or on property kept therein, or conflict with any of the rules and ordinances of th,
Board of Health or with any statute or municipal by-law;
(h) Nothing shall be placed on the outside of window sills or projections;
(i) The water shall not be left nmning unless in actual use in the leased Premises; spikes, hooks
screws or nails shall not be put into the walls or woodwork of the building;
0) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direc
the electricians as to where and how the wires are to be introduced and without such direction m
boring or cutting for wires will be; permitted. If the Tenant desires to install, add to or alter, ga
or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord fo
the necessary connections and no gas pipe or electric wires will be permitted which has not bee~
authorized in writing by the Landlord or his agents;
(k) No auction sale shall be held in the Premises without consent in writing of the Landlord;
(1) No stores of coal or any combustible or offensive goods, provisions or materials shall be kep
upon the Premises;
(m) That no assent or consent to changes in or waiver of any part of this agreement in spirit or lette
shall be deemed or taken as made, unless the same be done in writing and attached to or endorse~
hereon by the Landlord or his agents;
(n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant;
(o) No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to marl
same;
(p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb othe
tenants;
(q) The Tenant will be held responsible for any damage to the Premises caused by moving fumitur,
in or out of said Premises; and
(r) The Premises be lett clean and in good condition at expiration of Term.
The Landlord shall have the right to make such other and further reasonable rules and regulations as i~
his judgrnent may fi.om time to time be needful for the safety, care and cleanliness of the Premises an~
for preservation of good order therein and the same shall be kept and observed by tenants, their families
visitors, guests, clerks, servants and agents.
085
(2)
~mises
Premises
entry
to
the
The Landlord and its authorized agents and employeeSfor the purposeShall beofperm~tteOexhibiting
during the last six (6) months of the Term them to prospective
tenants.
15.
DELAY AND NON-WAIVER
(1)
Unavoidable Delax
Except as herein otherwise expressly provided, if and whenever and to the extent that either the
Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any
obligation hereunder in respect of the making of any repair, the doing of any work or any other
thing, other than the payment of rent or other monies due, by reason of:
(a)
(b)
(c)
strikes or work stoppages;
inability to obtain any material, service, utility or labour required to fulfill such
obligation;
any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting such
fulfillment; or
(d) other avoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which such
circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party
shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby
occasioned.
(2)
Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach
or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of
such obligation in respect of any continuing or subsequent default, breach or non-observance,
and no such waiver shall be implied but shall only be effective if expressed in writing.
16.
REMEDIES OF LANDLORD
(1)
In addition to all rights and remedies of the Landlord available to it in the event of any default
hereunder by the Tenant through improper compliance or non-compliance with any obligation
arising either under this or any other provision of this Lease or under statute or the general law
the Landlord:
(a)
shall have the right at all times to remedy or attempt to remedy any default of the Tenant,
and in so doing may make any payments due or alleged to be due by the Tenant to third
IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested tr
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
O.J. MULLER LANDSCAPE CONTRACTOR LTD.
O.J. Muller, President
lease/LOOOl/misc/lease
055
(2)
Exhibiting Premises
The Landlord and its authorized agents and employeeSfor the purposeShall beof permittedexhibitingentrYthemtOtothep Premises
during the last six (6) months of the Term _rospective
tenants.
15.
DELAY AND NON-WAIVER
Unavoidable Delay
Except as herein otherwise expressly provided, if and whenever and to the extent that either the
Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any
obligation hereunder in respect of the making of any repair, the doing of any work or any other
thing, other than the payment of rent or other monies due, by reason of:
(a)
(b)
(c)
strikes or work stoppages;
inability to obtain any material, service, utility or labour required to fulfill such
obligation;
any statute, law or regulation of, or inability to obtain any permission from, any
government authority having lawful jurisdiction preventing, delaying or restricting such
fulfillment; or
(d) other avoidable occurrence,
the time for fulfillment of such obligation shall be extended during the period in which such
circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party
shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby
occasioned.
(2)
Waiver
If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach
or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of
such obligation in respect of any continuing or subsequent default, breach or non-observance,
and no such waiver shall be implied but shall only be effective if expressed in writing.
16.
REMEDIES OF LANDLORD
In addition to all rights and remedies of the Landlord available to it in the event of any default
hereunder by the Tenant through improper compliance or non-compliance with any obligation
arising either under this or any other provision of this Lease or under statute or the general law
the Landlord:
(a)
shall have the right at all times to remedy or attempt to remedy any default of the Tenant,
and in so doing may make any payments due or alleged to be due by the Tenant to third
.. ___ a ................ +1~ D~;o~o +,~ rln anx* xxrc~rk nr ntho. r thin~r.q therein, and in
(3)
(4)
(2)
lending rate to prime commercial borrowers from time to time current at the City's bar~
from the date upon which the same was due until I actual payment thereof.
Remedies Cumulative
The Landlord may from time to time resort to any or all of the rights and remedies available to i'
in the event of any default hereunder by the Tenant, through improper compliance or non.
compliance with any obligation arising either under any provision of this Lease or under statut~
or the general law, all of which rights and remedies are intended to be cumulative and no'
alternative, and the express provisions hereunder as to certain rights and remedies are not to b{
interpreted as excluding any other or additional rights and remedies available to the Landlord b3
statute or the general law.
Right of Re-Entry on Default or Termination
If and whenever the rent hereby reserved or other monies payable by the Tenant or any par
thereof shall not be paid on the day appointed for payment thereof, whether lawfully demander
or not, and the Tenant shall have riffled to pay such rent or other monies within five (5) busines~
days after the Landlord shall have given to the Tenant notice requiring such payment, or if th{
Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos
conditions and other obligations on the part of the Tenant to be kept, observed or performe(
hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or i
the Landlord shall have become emitled to terminate this Lease and shall have given notic{
terminating it pursuant to any provision hereof, then and in every such case it shall be lawful fo:
the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the
whole and the same to have again, repossess and enjoy as of its former estate, anything in thi:
Lease contained to the contrary notwithstanding.
Termination and Re-Entry
If and whenever the Landlord becomes entitled to re-enter upon the Premises under an~
provision of this Lease the Landlord, in addition to all other rights and remedies, shall have th~
right to terminate this Lease forthwith by leaving upon the Premises notice in writing of sucl
termination.
(5)
Payment of Rent, etc. on Termination
Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuan
to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and an,
other payments for which the Tenant is liable under this Lease shall be computed, apportione[
and paid in full to the date of sucl:t termination, and the Tenant shall immediately deliver ul
possession of the Premises to the Landlord, and the Landlord may re-enter and take possession o
them.
17.
IMPROPER USE OF PREMISES; BANKRUPTCY
(1) Bankruptcy, etc.
In case without the written consent of the Landlord the Premises shall be used by any othe
087
18.
MISCELLANEOUS PROVISIONS
(1) Registration of Lease
Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease.
(2) Lease Constitutes Entire Agreement
There are no covenants, representations, warranties, agreements or conditions express or implied,
collateral or otherwise forming part of or in any way affecting or relating to this Lease save as
expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord
and the Tenant and may not be modified except as herein explicitly provided or except by
agreement in writing executed by the Landlord and the Tenant.
(3) Notices
Any notice required or contemplates by any provision hereof shall be given in writing, and
(a)
if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid
registered mail addressed to the City Clerk at Pickering Civic Complex, One The
Esplanade, Pickering, Ontario L1V 6K7; and
(b)
if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally or
mailed by prepaid registered mail addressed to O.J. Muller Landscape Contractor at
Brock Road North, Pickering, Ontario.
Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid,
upon the day after the day it is mailed. Either party may from time to time by notice in writing to
the other, designate another address in Canada as the address to which notices are to be mailed to
it.
(4) Interpretation
All of the provisions of this Lease are to be construed as covenants and agreements as though
words importing such covenants and agreements were used in each separate provision hereof,
and the captions appearing for the provisions of this Lease have been inserted as a matter of
convenience and for reference only and in no way define, limit or enlarge the scope or meaning
of this Lease or of any provision hereof.
(5) Extent of Lease Obligations
This Lease and everything herein contained shall enure to the benefit of and be binding upon the
respective heirs, executors, administrators and other legal representatives, as the case may be, of
each party hereto, and every reference herein to any party hereto shall include the heirs,
executors, administrators, and other legal representatives of such party.
19. RIGHT OF FIRST REFUSAL
IN WITNESS WHEREOF the Parties hereto have ihereunto affixed their respective Corporate Seals attested t(
by the hands of their authorized officers.
SIGNED, SEALED AND DELIVERED
THE CORPORATION OF THE CITY OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
O.J. MULLER LANDSCAPE CONTRACTOR LTD.
O.J. Muller, President
lease/LOOO l /misc/lease
c~OF
RECOMMENDATION OF THE EXECUTIVE COMMITTEE
DATE
MOVED BY
SECONDED BY
That Report L11.4/00 be received and that Council:
Endorse the Consultant's recommendation that the Region of Durham be the Service
Provider for the courts administration and prosecution of proceedings pursuant to
the Streamlining of Administration of the Provincial Offence Act, 1998, S.O. 1998,
c.4 (Bill 108);
Endorse the revenue sharing formula recommended by the seven Area Treasurers
those being the Town of Ajax, Township of Brock, Municipality of Claringtorg City
of Pickering, Township of Scugog, Town of Whitby, Township of Uxbridge and the
Treasurer of the Regional Municipality of Durham;
o
Authorize the Mayor and Clerk to execute the Intermunicipal Service Agreemem
and other related documentation necessary to finalize the Provincial Offence Act
transfer in a form satisfactory to the City Solicitor and Director, Corporate Services
and Treasurer; and
Direct that such Intermunicipal Service Agreement include, among other matters, the
establishmem of a Joint Board of Management/Committee (made up of
representatives from the municipalities and the Region) that will monitor the
performance and activities of the Service Provider.
090 '
LEGAL
SERVICES
(
DIVISION
March 29, 2000
To:
Mayor ArthUrs and
Members of Council
From:
Jane Burton
City Solicitor
Subject:
Gillis Paterson
Director, Corporate Services and Treasurer
Streamlining of Administration of Provincial Offences Act (Bill 108)
- Provincial Offe'nces Act - Transfer
- File: L959502
Further to the Special Council Meeting of March 27, 2000, the Mayor has requested that
we provid& Council with some additional information respecting the Provincial Offences
Act Transfer.
THE PR O F1NCIAL OFFENCES A CT "
As You are aware, provincial offences and contraventions are enforced by Municipal Law
Enforcement 'Officers, Municipal and Provincial Police and Federal enforcement
authorities as well as enforcement officers employed by ministries, such as the Ministry
of the Environment. The Provincial Offences Act is the procedural law for administering
and prosecuting provincial offences, including offences created under municipal by-laws ·
and minor federal offences.
'l]aere are three parts under the Provincial Offences Act:
These are minor offences with a maximum $500.00 fine. Examples include the Highway
Traffic Act, £iquor Licence Act, Trespass to Property Act and the Compulsory
Automobile Insurance Act. Individuals can plead guilty.without a court appearance.
It should be noted that 66% of total charges filed under the Provincial Offences Act in the
Oshawa Court Service Area (Durham Region) in 1998/99 were Part I offences. Highway
Traffic Act charges (example:. speeding tickets) made up 57% of the total Part I charges
filed in 1997/98.
-2-
The Province is transferring the administrative and court support for Part I offences. The
Service Provider will administer and prosecute these charges, however, the net revenue
would be distributed among, the area 'municipalities and First Nations based on the
revenue sharing formula.
091
Part H deals with parking in&actions. The City of Pickering currently administers and
prosecutes parking in,actions and will continue to do so. All net revenue from all
parking tickets issued in Picke'ring will remain with Pickering. The Transfer will not
affect Part I1 parking infractions. --
These are more. serious offences where a court appearance is mandatory. These offences
include By-law, Building Code, Fire Code and Zoning ir~actions. While the Service
Provider will provide the administrative function for. Par~. III charges,' the City. of
Picketing will continue to keep any of the net revenue generated from these charges.
The more serious offences under Part III will continue to be prosecuted by the Province.
The Province will accept only one submission -from each Court Service Area and while
the deadline for this area's submission is September 30, 2000, 'it should be noted that the
local municipalities 'and the Region of Durham must negotiate and execute an
Intermunicipal Service Agreement prior to that submission being made.
The attached chart outlining revenue sharing options has been prepared by the Director,
Corporate Services and Treasurer.
If you have any questions please contact either of the undersigned at your convenience.
'Copy: Chief Administrative Officer ·
Gillis Paterson
092
C
uJ
REPORT
TO COUNCIL
093
FROM:
Jane Burton
City Solicitor
Gillis A. Paterson
Director, Corporate Services and Treasurer
DATE: March 8, 2000
REPORT NUMBER: L1 lA/00
SUBJECT:
Streamlining of Administration of Provincial Offences Act (Billl 08)
- Provincial Offences Act - Transfer
- File: L959502
RECOMMENDATIONS:
That Report L1 lA/00 be received and that Council:
Endorse the Consultant's recommendation that the Region of Durham be the Service
Provider for the courts administration and prosecution of proceedings pursuant to the
Streamlining of Administration of the Provincial Offence Act, 1998, S.O. 1998, c.4 (Bill
108);
Endorse the revenue sharing formula recommended by the seven Area Treasurers those
being the Town of Ajax, Township of Brock, Municipality of Clarington, City of
Pickering, Township of Scugog, Town of Whitby, Township of Uxbridge and the
Treasurer of the Regional Municipality of Durham;
Authorize the Mayor and Clerk to execute the Intermunicipal Service Agreement and
other related documentation necessary to finalize the Provincial Offence Act transfer in a
form satisfactory to the City Solicitor and Director, Corporate Services and Treasurer;
and
Direct that such Intermunicipal Service Agreement include, among other matters, the
establishment of a Joint Board of Management/Committee (made up of representatives
from the municipalities and the Region) that will monitor the performance and activities of
the Service Provider.
ORIGIN:
The Ministry of the Attorney General - Provincial Offences Act Transfer.
AUTHORITY: Streamlining of Administration of Provincial Offences Act, 1998, S.O. 1998, c.4
(Bill 108).
094
Report to Council L11/00
Subject: Bill 108, The Streamlining of Adminiistration
of Provincial Offences Act
March 8, 2000
Page 2
EXECUTIVE SUMMARY:
Bill 108, The Streamlining of Administration of Provincial Offences Act, 1997, provides the
framework for the transfer of responsibility of the Provincial Offences Act ("POA") administration
and prosecution matters from the Province to the municipalities.
In June, 1998, a POA Task Force (the "Task Force") was formed with representatives from all
municipalities in Durham and one from the Region of Durham. The purpose of the Task Force was
to gather information and to explore the possibility of a coordinated approach among the eight
municipalities and the Region.
The Task Force retained PSTG Consulting (the "Consultant") to provide a comprehensive review of
the nature and operations of the POA administration for Durham (the "Oshawa Court Service Area")
and to provide recommendations regarding the preferred service delivery option and revenue
sharing.
The Consultant's Final Report (the "Report") was submitted on January 31, 2000 and recommends:
that the Region of Durham be the Service Provider for the Oshawa Court Service Area;
and
· a formula for revenue sharing.
It should be noted that, the City of Oshawa does not concur with the Consultant's recommendation
for the Service Provider. In light of this, the Consultant sets out in the Report:
"If the POA Task Force cannot reach agreement on the preferred POA Service Provider, it is
recommended that their moving forward action be to prepare and release an internal tender
for the interested potential Service Providers to bid. An independent, objective third party
would be required to manage the process."
The Consultant further advises that if the Mun~icipal and Regional Councils cannot reach a consensus
respecting the Service Provider, the Ministry may select a Service Provider from a neighbouring site
that has already implemented the transfer (i.e. York Region).
The Ministry of the Attorney General ("Ministry") will accept only one submission from each Court
Service Area and intends to complete all POA transfers by March, 2001; submissions should be
delivered to the Ministry, at the latest by September, 2000.
Once a Service Provider is determined every municipality, including the Region of Durham, as well
as First Nations, will be required to enter into an Intermunicipal Service Agreement ("ISA"). This
ISA wi[Il, among other things, detail the distribution of revenue, the arrangements regarding facilities
and technology and establish a Joint Board o,f Management (made up of representatives from the
municipalities and the Region) that will monitor the performance and activities of the POA
operations.
BACKGROUND:
At the present time, the Ministry administers 'the Provincial Offences Courts in Ontario and retains
Report to Council L11/00
Subject: Bill 108, The Streamlining of Administration
of Provincial Offences Act
March 8, 2000
Page 3
There are three procedural "streams" under the POd affected by the Transfer:
Part I - Minor Regulatory Offences
Administrative, prosecutorial and court support functions for Part I offences (regulatory ticket
offences - including speeding under the Highway Traffic Act);
Part II - Parking Infractions
Administrative, prosecutorial and court support functions for the remainder of Part II offences
(parking tickets) not currently administered by municipalities; and
Part III - Serious Re--Offences £which a court a_p__pearance is mandatory)
Administrative and court support functions for Part III offences, which are offences arising from
more serious circumstances, and/or where no set fine exists for the offence and to which a court
appearance is mandatory.
It should be noted that certain Provincial ministries will continue to prosecute some Part I and
Part III charges. The Transfer does not affect existing municipal prosecutorial functions, i.e. City
of Pickering's Part II (Parking) and Part III (by-law offences) will not be affected by this
transfer; all revenue collected will continue to be retained by the City.
In 1998, the Task Force was convened for the Oshawa Court Service Area to review and examine
the information provided by the Ministry. The Task Force was comprised of one representative from
each of the eight municipalities and one representative from the Region. Pursuant to an RFP
process, the Task Force retained a Consultant to provide a comprehensive review of the nature and
operations of the POA administration for Oshawa Court Service Area and to provide
recommendations regarding the preferred service delivery option and method of revenue sharing.
Service Provider Options
The Consultant reviewed each municipality's ability and willingness to provide this service. The
following options were examined:
· Region of Durham
· City of Oshawa
· City of Pickering
· Region of Durham together with either Pickering or Oshawa
· Pickering and Oshawa (joint)
· Private Sector firm
The Consultant evaluated each option based on operational efficiency and effective performance.
The quantitative evaluation resulted in the Region of Durham achieving the highest score, with the
Region and Oshawa/Pickering being second, Oshawa as third and Pickering as fourth. All members
of the Task Force, with the exception of Oshawa, are in agreement that the Region of Durham should
be the Service Provider.
Revenue Estimates
Gross annual revenue estimates for the year 2000 are approximately $5,990,083.00. Gross annual
revenue is projected to be approximately $7,645,032.00 by the year 2005.
Report to Council L 11/00
Subject: Bill 108, The Streamlining of Administration
of Provincial Offences Act
March 8, 2000
Page 4
The Consultant examined various options of revenue sharing with a view that the Service Provider
would receive no more or less than if it was not the Service Provider. This would minimize the
competition between the municipalities to be the Service Provider. The Service Provider would be
compensated for providing the service (thrt>ugh a management fee) and the balance would be
distributed based upon the revenue distribution model determined in the ISA.
The Consultant recommends a management fee of 36% be paid to the Service Provider from the net
revenues received. The Consultant advised that this method was used in most of the pilot POA
transfer sites and given the uncertainty of the costs and revenues in the first year of operation, a
management fee of 36% should provide 'the optimal solution. The Treasurers involved in
considering the revenue sharing models did not disagree with this position.
The Consultant recommends the "Stratified Equal Share" option for revenue distribution (5th
option). This option provides that all of the urban municipalities (Pickering, Ajax, Whitby, Oshawa,
and Clarington) as well as the Region of Durham would each receive 15% of the net revenue and the '
northern municipalities (Uxbridge, Brock, Scugog and First Nations) would share 10%.
The Task Force presented the five options to the Area Treasurers for their review and consideration.
Seven of the eight Area Treasurers and the Treasurer of the Region concluded that the five options
for revenue sharing including the recommended "Stratified Equal Share" option were not acceptable
and endorsed another option, namely that net POA revenues, after payment of costs to the
Service Provider, should be split 50% to the Region and 50% to the area municipalities. The
area municipalities' share would be distributed amongst the eight lower tier municipalities
based upon taxable assessment. This option also allows for the benefits of the Regional share to
flow back to the local taxpayers of each area municipality based upon taxable assessment.
The Treasurer for the City of Picketing ini.tially advocated the "Regional Tax Levy" (2nd option)
approach, even though it provided slightly less revenue for Picketing. As a result, advocating the
50.'50 approach was relatively straight forward as it was the option that would provide the fairest
approach for all partners.
Note: The City of Oshawa does not endorse the recommendation made by the Area Treasurers,
preferring the Stratified Equal Share option recommended by the Consultant.
In addition to collecting future revenues, each municipal partner will receive the accumulated net
revenue for its area held in trust since January 1, 1998. Municipalities will receive these funds at the
time the transfer agreement is finalized. The accumulated net revenue will be shared among
municipalities within the Oshawa Court Service Area according to the terms set out in the ISA.
The:re are approximately $2,000,000.00 in POA revenue being held on account at the Region for the
1997/1998 year end and there will be additional POA revenue attributable to the Oshawa Court
Service Area for the years ending 1998/1999 and 1999/2000.
Costs
The projected operating costs for the year 2000 is approximately $2,162,000.00. These costs include
salaries/benefits; facilities; additional courtroom and support; technology and provincial chargeback
costs. There will also be transitional costs of approximately $500,000.00 incurred in the transferring
the POA administration from the Province to the Oshawa Court Service Area's designated Service
Provider. Such costs may include space acquisition; office equipment; supplies; etc. There may also
.... .~.a:,:__~ ~^,,,o C .... rmirino technoloev for "mobile" data input by enforcement agencies. (While
Report to Council L11/00
Subject: Bill 108, The Streamlining of Administration
of Provincial Offences Act
March 8, 2000
Page 5 097
Conclusion
We recommend that Council support the Region of Durham as the Service Provider. We further
recommend that the revenue sharing option favoured by the seven Area Treasurers and the
Treasurer for the Region be supported.
Once a Service Provider is determined, every' municipality, including the Region of Durham will be
required to enter into an ISA. This ISA will, among other things, detail the distribution of revenue,
the arrangements regarding facilities and technology and establish a Joint Board of Management
(made up of representatives from the municipalities and the Region) that will monitor the
performance and activities of the POA operations.
It should be noted that if Municipal and Regional Councils cannot reach a consensus respecting the
Service Provider, the Ministry may select a Service Provider from a neighbouring site that has
already implemented the transfer (i.e. York Region).
Please note, all background documentation relating to this matter has been sent to Council under
separate cover for information purposes.
ATTACHMENTS:
1. Revenue Sharing Option Chart as recommended by the Area Treasurers and Regional
Treasurer.
Prepared By:
Approv~ d / Endors.e~ By:
Jane -' ' ~
Gillis A. Paterson
Attachments
Copy: Chief Administrative Officer
City Clerk
Director, Operations and Emergency Services
Director, Planning and Development
CityRec°mmendedcou/n/eil//'-"Nf°r the consideration~ ,, .,,°f Pickering~ I
~eh~a's J. (D6inn, ~ief Ad~ /
ATTACHMENT # I_]__._ TO P, EPOP, T
,.~,( OF Plo.,
09.9
RECOMMENDATION OF THE EXECUTIVE COMMITTEE
DATE
MOVED BY
SECONDED BY
That Report to Council L17-00 concerning the renaming of Nuthatch Street, be
received; and
That Council authorize the City SoUcitor to commence the process to change the
name of Nuthatch Street to Kodiak Street.
100
REPORT TO
COUNCIL
FROM:
Jane Burton
City Solicitor
DATE: March 30, 2000
REPORT NUMBER: L 17-00
SUBJ-ECT:
Nuthatch Street
- Street Name Change
- Part Lot 20, Concession 8, Pickering, designated as Part 5 on Plan 40R-18149
- and Part 7 on Plan 40R-17520
- File W2306.44
RECO'MMENDATION:
A Resolution should be passed authorizing the City Solicitor to commence the process to change
the nmne of Nuthatch Street to Kodiak Street.
ORIGIN: Request from City Council.
AUTHORITY: MunicipalAct, R.S.O. 1990, c.M.45, s.210.111.
FINANCIAL IMPLICATIONS:
Advertising Costs - Community Page
Munici[pal Property and Engineering installat!ion of new signage (Approximate)
Signage Budget - 2320-2409 (Not a budgeted Item)
Nil
$100.00
EXECUTIVE SUMMARY: Not applicable
BACKGROUND:
On October 4, 1999, Council enacted By-law 5562/99 naming a portion of Part Lot 20,
Concession 8, Pickering, (Part 5, Plan 40R-18149) "Nuthatch Street". That By-law was
registered on October 13, 1999. On December 20, 1999, following a request by staff for
enactment of another by-law which would effectively name the remaining portion of Part Lot 20,
Report to Council
L 17-00
Subject: Street Name Change
Date: March 30, 2000
Page 2
I01
During the process of finding a replacement name for Nuthatch Street, a subsequent listing was
submitted to the Region reflecting names that, once approved, would form part of the City's
Street Name Reserve List. As the Region did not approve any of the names submitted for the
purpose of renaming "Nuthatch Street" and as the timing of this renaming is crucial to minimize
the disruption to residents having homes built on the lots affected by this name change
(occupancy scheduled for early spring), the name "Kodiak Street" was taken from the Reserve
List approved by the Region for Pickering.
If Council finds this name to be satisfactory, the process to change the street name from Nuthatch
Street to Kodiak Street must be implemented pursuant to the Municipal Act. This process
includes giving Notice of the name change in a local newspaper for four consecutive weeks and
enacting a by-law authorizing the name change. Council should note that the Notice gives
residents affected by the name change the opportunity to address Council respecting any
objections they may have prior to the enactment of the by-law. Once a new by-law is enacted, it
must be registered to effect the name change.
It is recommended that Council pass a Resolution authorizing the City Solicitor to initiate the
process to have the street named "Nuthatch Street" changed to "Kodiak Street".
ATTACHMENTS
1. Location map/Site Sketch.
Prepared By:
De~nis~e~
Approved / Endorsed By:
Jane
Attachments
Copy: Chief Administrative Officer
Director, Planning and Development
Recommended for the consideration of
Picketing ~C}ty C~r-.~ it
T~8~ J. Qui~, C~eYA~st~~cer
STREET
ROAD
CENTRAL
STREET
lane
c~OF
RECOMMENDATION OF THE EXECUTIVE COMMITTEE
DATE
MOVED BY
SECONDED BY
That Mayor Arthurs be authorized to make the following proclamation:
"Composting Awareness Week 2000" - April 30th -- May 6th
"National Kids' Day - June 10th, 2000
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City of Pickering
Proclamation
Nationa! Kids' Day
June 10, 2000
WHEREAS:
National Kids' Day/The Smile Trust has been established to celebrate and help
Canada's children. It is a day for the Canadian public, corporations,
governments and associations to recognize the special place children hold in our
society and raise funds for our children in need..
WHEREAS:
National Kids' Day/The Smile Trust's goal is to provide funds for financial
support of children's charities and to develop a link with schools through
websites, study programs and other means to seek children's, counsel and to
educate them about the need to give back to the community, volunteer and
support charities.
WHEREAS:
Members of National Kids' Day/The Smile Trust include concerned associations,
corporations and organizations who are leaders in their fields.
WHEREAS:
On Saturday, June 10, 2000, The Smile Trust is celebrating the 3ra Annual
National Kids' Day across Canada to recognize and help Canada's children.
NOW THEREFORE:
I, ., Mayor of
hereby proclaim June 10, 2000 to be National Kids' Day in
and urge all residents to join in celebrating children on this day.
~ do
Signed: