HomeMy WebLinkAboutBy-law 3155/89 O~=n IRSUE DATE ~=,~ R 900027
· ' JUN 1 3 1994 0 920002
ontario
081[T~"~ FOLI0#~ Ontario Municipal Board TOWr~
~mmission des affaires municipales de I'Ontario JtJ,~
CLERK'S DEPT
]:N 'z'tus }~,'z'z'~-R OF Section 34(18) of
the ~, 1983
~ TM ~ ]~,'z-.['t~R OF an appeal by
Cornelius DeGraau~ against Sorting
By-laws 3154/89 and 3155/89 of the
Corporation of the Town of Picketing ,,
O.M.B. File No. R 900027
- and -
T~ 'z't~ ~T'I'ER OF Section 17(11) of
the ~~ 1983
A_RD TN ~ MJ~'JL".['=R OF a referral to
this Board by the Honourable
Minister of Municipal Affairs, on a
request by Patricia Hoy, Gregory
Hoy, Fred Beer and others for
consideration of Proposed Amendment
No. 263 to the Official Plan for the
Regional Municipality of Durham
Minister's File No. 18-0P-0010-263
O.M.B. File No. O 920002
BEFORE ~
)
D. M. ROGERS ) Wednesday, the 22nd day
Member )
) of July, 1992
THESE MATTERSHAVING come on for public hearing this day, and after
the hearing~
THE BOARD HAVING been advised by the Corporation of the Town of
Pickering that the site plan agreement between the Town of
Pickering and Cornelius Degraauw has been registered on title to
the Degraauw property;
THE BOARD ORDERS THAT Amendment No. 263 to the Official Plan is
hereby approved;
•
- 2 - R 900027
0 920002
f
AND THE BOARD ORDERS that the appeal against By-law 3154/89 is
dismissed;
THE BOARD ORDERS FURTHER that the appeal against By-law 3155/89 is
allowed in part, and By-law is amended as set out in Schedule "A"
attached hereto and forming part of this order.
AND THE BOARD ORDERS that in all other respects the appeals are
dismissed.
/ 1
::27c.---i-----c,.......
- SECRETARY -------'-'- 4-----:--- ---- ---------_-- -
6
Scl~edule · A *
to the order of
the On~a~o Municipal Board
madeonthe 22:.d ~.ay of JulM1992 ~ntario
Ontario Municipal Board
Commission des affaires municipales de I'Ontario
~ ~~ON O~
Being a By-law to.amend' R_estricted 'Area (Zoning)By-law ~037, as. amc_nde, d, to
impleme.nt _ina Of.~.cial .P_ian o[ the_Town .of Pickerlng-Dist/ict PI .t~..n[~rea, .~eg~on of .
Ddrham in Fart oz Lots I? and 1~, .~oncesston 3, Part of Lots 29 aaa ou, t;once, ss~on 4, Part
of Lots 13~. 14, ~.3 and 34, Concesston 7, and Part of Lots 11 and 17, Concesston 8, in the
Town of P~ckenng, (A 16/89)
WI-mREAS the .C~.uncil of the Corp?ration of the Town of Picketing deems it des~.s.ble to
establish, approprL~t_e go.if_ coupe, z_onmg for existing and' pernutted golf course .faaht/es on.
lends being Part ot tots 17 and. xa, ~oncemon 3, Part of Lots 29 and 3-0, Concession 4, Part o!
_I_.~. ts 13, 14, 33 and 34, Concession 7, and Part of LOts 11 and 17, Cou~!slon ~, in the Town of
P~ckering;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessa~
NOW TKEREFORE THE COUNCIL OF TH~ CORPORATION OF THE TOWN OF
PICKERI1qG HEREBY ENACTS AS FOLLOWS:
Schedule I attached hereto with notations end references shown thereon is hereby
declar[d to be part of thh By-law.
The provisions of' this By-law shall apply to ~ose lands fn Part of Lots 17 and 18,
Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14. 33.and 34,
Con. cession 7 and Part of Lots 11 and 17, Concession 8, in the Town of P~ckering,
designated "A/GC" or "02/GC" on Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof she. Il herea~.er be u. sed, occupled, erected, moved or'
structurally altered'except in conformity with the provisions of By-law 3037 as amended
hereby.
4.
In this By-law, 'Golf Co.urse' shell, re. can. tn area of l.and~ a?d thy ancill.a.,y building,
stmct, ure,.or part.t~erool~,..o, perate.a ~or ina pu_rpose ot pLayt, n. g go.l.f and Includes any
ass. octate~! recreational facihty, such es · club house, snnc~ oar, dining room, lounge,
sw~mming pool and racquet sport court, operated In conjunction therewitl~
(1) (a) ~ ('A/GC' Zone)
No person shall within the lands dedgnated ".A./GC" on Schedule I attached
' hereto use ~,,y lo.t or e~ect, al.:er or use any building or structure for any purpose
~ except the following: '
(i) any use permitted by section 6.1 of By-law 3037;
(ii) a golf course.
-2-
(b) ~ ('A/GC" Zone)
No person shall within the lands designated '..A/.GC' on .Sq. hedule I attach.e.,d
hereto use any lot or erea, alter or use any budding except m accordance vath
the following provisions:
(i) for those uses permitte~! by sectlon'$.(I)(a)(i), above, the provisiom of
section 6.2 of By-law 3037;
(ii) for golf courses, the provisions of section 6.2.4 of By-law 3037.
(2) ia) C02/C C' Zone)
No person shall within the lands deslgnated.'.0.2./GC" on Scbed. ule I attached
hereto use any lot or erect, alter or use any building or structure [or any purpose
except the following:
(i) any use permitted by section 13.1 of By-law 3037;
(ii) a golf course.
(b) 7,~l~,lL~iiI~da~d~ ('02IGC' Zone)
No person shall within the lands designated '02/GC' on Schedule I attached
· hereto use any lot or erect, alter or use any building except in accordance with
section 13.2 of By.law 303?.
By-law 303?, as am. ended, is hereby further, amend, ed only to the exten, t necessary to give
effect to the prowsions of this By-law as ~t applies to the la?ds designated 'A/GC~ or
'02/GC~ on Schedule I attached hereto. Defimtiom and subjec}..matters not specifically
dealt with in this By-law shall be governed by the relevant provmons of By-law 3037,
amended.
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day.or
part thereof upo.n which the contravention has continued after the day on which
he was first conwcted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent c. onv/ction a fine of.not more than $25,.000 for each day or part
thereof upon which the contraven.tion has been continued after the day on
which the corporation was first convicted.;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsectio, n .(1), in addition to any other remedy
or penalty by law, t.he court in which the conv~ctwn has been entered, and any cour~
of competent jurisdiction there.after, may mak.e an,order prohibiting the continuation
or repetition of the offence by the person conv~cten.
This By-law shall take effect from the date of approval by the Ontario Municipal Board.
/
Eg4.~
_~~ O2/GC
sos. Om
PAGE 1 OF 6
PAGE :3 OF 6
' A/GC
[/-:~'.=..~ -~,,'"",~' j~Ji
~?' I I
~ I I
SEVENTH CONCESSION ROAD
PAGE 4 OF $
^/GC
t EZGHTH CONCE~S*ZON ROAD
PAGE $ OF 6
Pa~ 1, 40R-11358
%
A/GC ·
SCHEDULE I TO BY-LAW
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATED -JL3L~ 2-
(O.M.B. FILES: 092000~., Rg000:~?)
PAGE 6 OF 6
TOWN OF
PICKER'.. '.'~
ApPRO~',:.D
AS TO FORM'
EGAL SERviCES
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3155/89
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement
the Official Plan of the Town oi Pickering District Planning Area, Region of Durham in
Part of Lots 17 and lg, Concession 3, Part of Lots 29 and 30, Concession #, Part of Lots 13,
1#, 33 and 3% Concession 7, and Part of Lot 17, Concession 8, in the Town of Picketing.
(A 16/$9)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
establish appropriate golf course zoning for existing golf course facilities on lands being Part
of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 1% 33
and 34, Concession 7, and Part of Lot 17, Concession 8, in the Town of Picketing;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule 1 attached hereto with notations and references shown thereon is hereby declared
to be part of this ByMaw.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18,
Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34,
Concession 7 and Part of Lot 17, Concession 8, in the Town of Pickering, designated
'A/CC" or "02/CC" on Schedule 1 attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of By-law 3037 as amended
hereby.
4. DEFINITIONS
In this By-law, "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 coniunction therewith.
5. PROVISIONS
(l) (a) Uses Permitted ("A/CC" Zone)
No person shall within the lands designated "A/CC" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) any use permitted by section 6.1 of By-law 3037;
(ii) a golf course.
-2 -
(b) Zone Requirements ("A/GC" Zone)
No person shall within the lands designated 'A/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) for those uses permitted by section 5.(l)(a)(i), above, the provisions of
section 6.2 of By-law 3037;
(ii) for golf courses, the provisions of section 6.2.t~ of By-law 3037.
(2) (a) Uses Permitted ("02/GC" Zone)
No person shall within the lands designated "02/GC" on Schedule 1 attached
hereto use any lot or erect, alter or use any building or structure for any
purpose except the following:
(i) any use permitted by section 13.l of By-law 3037;
(ii) a golf course.
(b) Zone Requirements ("02/GC" Zone)
No person shall within the lands designated "02/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
section 13.2 of By-law 3037.
6. BY-LAW 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the lands designated "A/GC" or
"02IGC" on Schedule I attached hereto. Definitions and subject matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as
amended.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20~000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50~000; and
(b) on a subsequent conviction a fine of not more than $25~000 for each day or part
thereof upon which the contravention has been continued after the day on which
the corporation was first convicted;
and not as provided in subsection (l).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered~ and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
-3 -
8. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval of the
Ontario Municipal Board, if required.
READ A FIP. ST AND SECOND TIME THIS 2nd DAY OF October , 1989.
READ A THIRD TIME AND PASSED THIS 6th DAY OF November , 1989.
WAYNE)ARTHUR/
1._~~'k DEPT.
584. ~
O2/GC
PAGE I OF 5
O2/GC
PAGE 2 OF 5
A/GC
SEVENTH
PAGE 3 OF 5
8.U. ANOLE OF ~' .t
SEVENTH CONCESSION ROAD
PAGE 4 OF 5
^/GC
ETGHTH COIdCESSTON ROAD
SCHEDULE'I TO BY-LAW 3,55/89
PASSED THIS, 6th
DAY OF November 1989
PAGE 5 OF 5
TRANS- C
EIGHTH CONCESSION ROAD
PROI~RTY
SEVENTH
HIGHWAY No. 7
NINTH CONCESSION
EIGHTH CONCESSION ROAD
PROPERTY
. AREA
SEV[NTH ~ ~NCESSION
~ DURHAM ~[ ROAD
~108~ ~ ~o.
II!1~1~1
FOURTH CONCESSION
CLARK'S
HOLLOW
THtRD ;OH ~
CHI )OD ~--
;
AREA
~UBJECT
NINTH CONCESSION FK)AD
EIGHTH CONCESSION ROAD
rt.
SEVENTH CONCESSION ~ ROAD
~ DURHAM ~1[ ~ION ROAD
'.
.o.
March 4, 1994
PICKERING
The Corporation
of the Ontario Municipal Board RECEIVE D
Town of Pickering
Legal Services Suite 1500
(416)420.4626 655 Bay Street MAR 4 1994
kk Chic Centre
o E , Toronto, Ontario
Pickering,OntarioTOWN OF PICKERING
Canada,L1V 6147 M5G 1E5 PLANNING DEPARTMENT
(416)420.2222
(416)66.92760
Fax(416)420-0515
Attention: Neil Palmer
Legal services
Fax Number
(905)420-7648 Subject: OMB Files R900027; 0920002
- Pickering Zoning By-laws 3154/89 and 3155/89 (C. DeGraauw, Appellant)
- Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters)
- Our Files: L939104 (L) and S9302 (L)
On the day set for the hearing of these matters (May 20, 1992), the solicitors for the
persons granted Party status executed Minutes of Settlement on behalf of their clients.
Those Minutes contained, among other provisions,the following:
1. Patricia Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne,
Lorne Almack and The Pickering Conservation Association (also known as the Pickering
Rural Association)withdraw their requests for referral of proposed Amendment No.263 to the
Official Plan for the Regional Municipality of Durham.
2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The
Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so
that it provides for the inclusion of the DeGraauw property,as set out in Schedule A hereto.
14. The Board will be requested to withhold the issuance of all its orders hereunder until Pickering
advises the Board that the Site Plan Agreement between DeGraauw and Pickering has been
registered on title. If such registration has not occurred by December 31, 1992,the Board may
be spoken to upon seven clear days notice to all parties.
In its decision dated July 22, 1992, the Board agreed that orders should issue approving
proposed Durham O.P.A. No. 263, dismissing the appeal against Zoning By-law
3154/89, and allowing the appeal against Zoning By-law 3155/89 insofar as it ought to
be amended to include the DeGraauw property. The Board provided, however, that its
order would not be issued until the Town's Solicitor advised the Board in writing that the
site plan between DeGraauw and the Town had been registered on title to the DeGraauw
property.
On October 5, 1993, the Board heard submissions from Mr. Fred Beer respecting Mr.
DeGraauw's failure to have the site plan submission and approval process completed in
time to have a Site Plan Agreement registered by December 31, 1992. The Board
consequently set November 30, 1993 as the final date for the site plan to be finalized,
registered on title and delivered into the Board's hands.
The events that have occurred since that time are as follows: '
• November 16, 1993 Final Site Plan Approval granted
• November 22, 1993 Site Plan Agreement executed
• December 8, 1993 Site Plan.Agreement registered on title
• January 26, 1994 Agreement Postponing Second Mortgage registered on title
The first mortgagee on title to the DeGraauw lands executed the Site Plan Agreement on
November 22, 1993; the existence of a second mortgagee was not identified until
immediately prior to the registration of the Site Plan Agreement, requiring preparation of f �.
the Agreement Postponing Second Mortgage, and the forwarding of that document out �'
of the country for execution. Enclosed herewith is a copy of the approved Site Plan, a
copy of the registered Site Plan Agreement, and a copy of the registered Agreement
Postponing Second Mortgage.
The Town is now satisfied that Mr. DeGraauw has complied with the site plan
provisions of the Planning Act and suggests that he has complied with the spirit and
intent of the Board's decision dated July 22, 1992, and endorsement dated October 5,
1993. The Town therefore respectfully requests that the Board orders be issued
accordingly. •
.
Yours very truly
U
C. M. Timothy Sheffield
Town Manager/Town Solicitor
CMTS:dat
Enclosures t:•
• Copy(without enclosures)for:
Director of Planning(Town of Pickering) •.
Zen Makuch, Solicitor for Hoy,Beer,et al
Kate MacGregor,Solicitor for Regional Municipality of Durham
Ron Hawkshaw,Solicitor for Cornelius Degraauw
itFred Beer
c. Pia*
DB#1111 FOLIO# 311 j Z.•119
JAN 25 1994 �` � R 900027
+ _
i � O 920002
.®• JAN2 7199 P!'CrIVFD
DECISION ISSUE DATE Ontario TOWN Of PICKETING
Ontario Municipal BoardIM0KINPIya ,
Commission des affaires municipales kiligaim4tMr0� •` `'1 2 7 ,;s•t
CLERK'S DEPT
RECEIVED
IN THE MATTER OF Section 34( 18) of
the Planning Act, 1983
AND IN THE MATTER OF an appeal by PLANU'I OF rIC ERING
Cornelius DeGraauw against Zoning
By-laws 3154/89 and 3155/89 of the
Corporation of the Town of Pickering
OMB File No. R 900027
IN THE MATTER OF Section 17(11) of
the Planning Act, 1983
• AND IN THE MATTER OF a referral to
this Board by the Honourable
Minister of Municipal Affairs , on a
request by Patricia Hoy, Gregory
Hoy, Fred Beer and others for
consideration of Proposed Amendment
No. 263 to the Official Plan for the
Regional Municipality of Durham
• I
Minister' s File No. 18-OP-0010-263 •
OMB File No. 092002
COUNSEL :
Timothy Sheffield - for Town of Pickering
Andrew Allison - for Durham Region
DISPOSITION as endorsed on Hearing Sheet dated October 5, 1993
The Board heard statements from Mr. Sheffield and Mr. Beer (his
statement filed as Exhibit 1) . Mr. Sheffield advised the Board that
negotiations are proceeding and the site plan will be signed and
registered on title by November 1993 .
The Board therefore sets November 30, 1993 for the final date
for the siteplan to be finalized, registered on title and delivered
into the Board' s hands .
As to Mr.Beers request that the Board stop construction the
Board can only say that that is a matter for the local municipality
to deal with through its planning and works departments .
Also with regard to Mr. Beer' s suggestion that the Board
consider the contents of the site plan, the Board can only say that
2 - R 900027
0 920002
is not an issue before the Board at this time. It also is a matter
to be dealt with and agreed upon by the Town and the applicant.
Upon submission of evidence of registration of the site plan,
the Board' s Order will issue to dismiss the appeal and approve
proposed Amendment 263 .
40000007
E.F. CROSSLAND
MEMBER
• E
a
•
0
e .
Ontario
Ontario 180 Dundas Street West
MunlClpal • Toronto,M5G E5 Ontario
Board
180, rue Dundas ouest
Toronto(Ontario)
Commission des M5G 1E5 .
affaires municipaies (416)598-2266
de i'Ontario
FAX/TalAcopieur
(416)979-8808
Please respond to:Neuillez acrire a:
March 26, 1993
C. M. T. Sheffield
Town Solicitor
V Town of Pickering RECEIVE D
Legal Department
Pickering Civic Complex MAR 2) 1
One the Esplanade
Pickering, Ontario TOWN Of PICKMING
L1V 6K7 PLANNING DEPARTMENT
Dear Mr. Sheffield:
RE: O.M.B. File No. (s) 0920002, R900027
By-laws 3154/89, 3155/89_, OPA 263
Your File L939104'"'.
I am writing further to your letter of November 25, 1992 .
Please advise the Board as to any progress made in the Site
Plan Agreement for this property.
The Board will continue to hold this matter in abeyance. If
you should have any questions with respect to this matter, •
please do not hesitate to contact me.
Yours truly,
(•••;-t°.
Neil Palmer
Caseworker
Planning
c.c. Ronald Hawkshaw
Bruce Taylor, Town Clerk •
Catherine Rose, Pickering Planning
Corky Degraauw
November 25, 1992
Ontario Municipal Board F
180 Dundas Street West `!
Toronto, Ontario
M5G 1E5
•
Attention: Mr. N. Palmer ;,...;'.._.. .
Subject: O.M.B. Files 0920002, R900027
-Pickering By-laws 3154/89, 155/89§
Proposed OPA 263
- Our File L939104 (Legal Services)
Further to your letter of November 18, 1992, this is to advise you that the Site Plan
Agreement herein has not, as of this date, been registered on title to the DeGraauw
property. At this time, no such Agreement has been entered into, although
discussions are continuing with DeGraauw with the hope that such an Agreement
will be entered into and registered prior to the end of 1992.
We trust this is satisfactory.
Yours very truly
C. M. Timothy Sheffield
Town Solicitor
CMTS:dat
LTR 1209
cc: R. Hawkshaw
Pickering Town Clerk /
Pickering Director of Planning ✓
b 8 9a
F 3471
\ R 900027
0 920002
Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontari
RECEIVED
JUL 2 4
IN THE MATTER OF Section 34(18) of TOWN OF PIC1(r- -.
the planning Act, 1983 PLANNING DFLRf ,: ;; ,'I
AND IN THE MATTER OF an appeal by
Cornelius DeGraauw agMnst. Zoning
By-laws 3154/89 and 4155J8.9 of the
Corporation of the Town of Pickering
•
OMB File No. R 900027
IN THE MATTER OF Section 17(11) of
the planning Act, 1983
AND IN THE MATTER OF a referral to
this Board by the Honourable
Minister of Municipal Affairs, on a
I request by Patricia Hoy, Gregory
�✓ Hoy, Fred Beer, and others for
consideration of Proposed Amendment
No. 263 to the Official Plan for the
Regional Municipality of Durham
Minister's File No. 18-OP-0010-263
OMB File No. 0 920002
COUNSEL :
K. I . MacGregor . - for Regional Municipality of
Durham
Ronald J. Hawkshaw - for Cornelius DeGraauw
Timothy Sheffield - for Town of Pickering
DECISION OF THE BOARD delivered by D. M. ROGERS
This matter came before the Board on the 20th day of May, 1992
and was adjourned for some period while the parties attempted a
settlement and subsequently they were successful in filing with the
Board Minutes of Settlement executed by the solicitors for all
parties.
The Board agrees that an order issue approving Amendment No. 263
for the Official Plan for the Regional Municipality of Durham (1976)
in the form attached hereto as Schedule 'A' and which will order the
dismissal of the appeal against Zoning By-law No. 3154/89 *of the
N4,
- 2 - R 900027
0 920002
Corporation of the Town of Pickering and further allow the appeal
against By-law 3155/89 of the Corporation of the Town of Pickering
which said by-law is hereby amended to provide as set out as Schedule
'B' hereinto attached.
It is further agreed that the Board order will not issue until
the Solicitor for the Corporation of the Town of Pickering advises
the Board in writing with copies, indicated to be forwarded to all
counsel, that the site plan agreement between DeGraauw and the Town
of Pickering has been registered on the title to the DeGraauw
property.
DATED at TORONTO this 22nd day of July, 1992.
*1 M. ROGERS
MEMBER
•
•
f � I
44C41:0i
• `EE./
•
Ontario
Ontario Municipal Board
Commission des affaires municipales de ('Ontario OMB Files 0920002
t• R900027
I:f
,�. SCHEDULE 'A' +•
‘ •
j IN THE MATTER OF Section 17(11)of the Planning Act, 1983
AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs,
on a request by Patricia Hoy, Gregory Hoy, Fred Beer and others for consideration of Proposed'
Amendment No. 263 to the Official Plan for the Regional Municipality of Durham
(Minister's File No. 18-P-OO1Q 263: OMB File No. 0920002) RECEIVED
THE ONTARIO
MUNICIPAL BOARD
and
JUN - 4 1992
PM
AM
IN THE MATTER OF Section 34(18)of the Planning Act, 1983 71819110111112111213141516
441
AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 3154/89 and
3155/89 of The Corporation of the Town of Pickering
(OMB File No.R900027)
MINUTES OF SETTLEMENT
•
The Parties hereto agree as follows:
1. Patricia Hay, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne,
Lome Almack and The Pickering Conservation Association (also known as the Pickering Rural
Association) withdraw their requests for referral of proposed Amendment No. 263 to the Official
Plan for the Regional Municipality of Durham.
�--2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The
Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so
• that it provides for the inclusion of the DeGraauw property, as set out in Schedule A hereto.
.
3. Any clubhouse to be erected on the OeGiaauwproperty shall be used primarily for golf course
patrons in accordance with By-law 5,155/89.
4.(a) DeGraauw shall install a six foot chain link fence with no trespassing signs attached along the
common boundary of the DeGraauw and Hoy properties adjacent to the active golf course area at
DeGraauw's expense.
•
(b) DeGraauw shall not erect any neon sign on or adjacent to the DeGraauw property.
5. DeGraauw shall rectify off-site migration of water onto the lands immediately south of the
DeGraauw property at DeGraauw's expense to the satisfaction of the adjacent landowner.
6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the Environment as set out
on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs, set
out as Schedule B hereto.
7. DeGraauw shall undertake not to enter into any activity which adversely affects the wells of
neighbouring landowners.
8. I DeGraauw shall install, if required by the Ministry of the Environment, metering devices on zany
water sources for irrigation purposes.
9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural Resources
respecting protection of wetland area and the stream on the DeGraauw property.
• - 2 - •
F
10. DeGraauw shall satisfy the concerns of the Region of Durham Works Department respecting
entrance locations and configurations.
11. DeGraauw shall undertake to minimize disturbance or interference with wildlife and plant
species.
12. DeGraauw shall take steps to ensure that pesticide, herbicide, and fertilizer used in the golf
course operation will be undertaken in a manner which has regard for environmental and human •
health concerns.
13. Pickering shall ensure that the chain link fence and signs referred to in 4(a) above, the sign
prohibition referred to in 4(b), above and the entrance locations and configurations referred to in
10 above, shall be implemented through the site plan approval process under section 41 of the
Planning Act.
•
14. The Board will be requested to withhold the issuance of all its orders hereunder until Pickering
advises the Board that the site plan agreement between DeGraauw and Pickering has been
registered on title. If such registration has not occurred by December 31, 1992, the Board may
be spoken to upon seven days clear notice to all parties. i
.
15. No party shall seek an order for costs to and including May 20, 1992.
DATED AT PICKERING,May 20, 1992.
Zen Makuch, Solicitor, on behalf of Patricia Hoy, Gregory
Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne,
Madge Hayne, Lome Almack, Pickering Conservation
Authority(Pickering Rural Association)
tiftti XidAfl •
Kate MacGregor, Solicit iRegional Municipality of
Durham
1 / .
on aw,Solicitor omelius DeGraauw
•
Tim Sheffield, Solicitor for Town of Pickering
•
4
•
•
. . .. . . .. -- 0 920002
j
�� R 900027
T
Ontario
Ontario Municipal Board
•
Commission des affaires municipales de ('Ontario
• • .i: ,:or, ••• c igDuLE pi Ni. 1` ff ':�',.1 r ''''
'• ..,'THE CORPORATION OF ME TOWN or PICKERING '
'' BY-LAW NUMBER• ,3165 f B 9
t...' ..1 u,1..► .
Being a By-law to'amend: Restricted Area (Zoning) By-law 3037, as amended, to
. implement the..Official Plan of the Town of Pickering District Planning Area, Region of
Durham in Part ofLots 17 and 18,Concession 3,Part of Lots 29 and 30,Concession 4, Part
. of Lots 13, 14, 33 and 34,Concession 7, and Part of Lots 11 and 17, Concession 8, in the
Town of Pickering. ' :r:.(A 16/89). •
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
establish appropriate.golf course zoning for existing and permitted golf course facilities on
lands being Part of Lots 17.and 18, Concession 3 Part of Lots 29 and 30, Concession 4, Part of
Lots 13, 14, 33 and 34, Concession 7, and Part ofLots11 and 17, Concession 8, in the Town of
Pickering; ., . r
• AND WHEREAS an amendment to By-law 3037,as amended, is therefore deemed necessary;
• NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
• 1. SCHEDULE I .0 :, . ' .
'Schedule I.attached hereto with notations and references shown thereon is hereby
declar@d to be part of this By-law.
.
.
2. AREA RESTRICTED •
The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18,
Concession 3,'Part of Lots 29 and 30, Concession 4, Part of Lots 1.3, 14, 33 and 34,
• Concession 7 and Part of Lots 11 and 17, Concession 8, in the Town of Pickering,
• designated"A/GC'or"02/GC'on Schedule I attached hereto.
`, 3. GENERAL PROVISIONS .
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
. structurally altered except inconformity with the provisions of By-law 3037 as amended
r hereby. . .•• •
4. PEFIN.MONS
In this By-law, "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, Suchas a:club house, snack bar, dining room, lounge,
swimming pool and racquet sport :court;opefiiled in conjunction therewith. •
.,-,1-,..-.I ill tll,.JutiliTiml;:!..
5. PROVISIONS ••;..,..:..,../..1.4.i..4.4.,
r•:.tl .•r..,,i,,1,. r...1.r:I .
(1) (a) Uses Permitted("A/GC"Zone) '•...''•,�.''' ..
• No person'shall within the lands designated "A/GC" on Schedule 1 attached
hereto use eNy lot or erect,alt•:r or Use any building or structure for any purpose
.except the following: .
• i): • any use permitted,
. ( by Section 6.1 of By-law 3037;
i
1 (ii) a golf course. •
•
. . . .
.
-2-
•
(b) Zone Requirements("A/GC'Zone)
No person shall within the lands designated "A/GC' on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) for those uses permitted by section 5.(1)(a)(i), above, the provisions of
section 6.2 of By-law 3037;
(ii) for golf courses, the provisions of section 6.2.4 of'By-law 3037.
(2) (a) Uses Permitted ("02/GC'Zone)
No person shall within the lands designated "02/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) any use permitted by section 13.1 of By-law 3037;
•
(ii) a golf course.
• (b) Zone Requirements("02/GC"Zone)
• No person shall within the lands designated "02/GC' on Schedule I attached
• hereto use any lot or erect, alter or use any building except in accordance with
• section 13.2 of By-law 3037.
•
6. BY-LAW 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the lands designated "A/GC' or
"02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as
amended.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than$20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
• or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
8. EFFECTIVE DATE .
This By-law shall take effect from the date of approval by the Ontario Municipal Board.
. f 4
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SCHEDULE I TO BY—LAW 31551.9
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATED
(O.M.B... FILES: 0920002, R900027)
PAGE 6 OF 6
•
•
•
TOWN OF • .
PICKER:.'
APPROVIED
AS TO FORM
LEGAL SERVICES
. .
•
- 9 -
.
•
- A finalized plan be submitted by the proponent outlining the proposed uses on
the site including whether it is intended that there be a resident for the
groundskeeper and or banquet facilities for the clubhouse.
The water supply source for the proposed development has not been
• determined. If groundwater is the proposed source, well(s) should be drilled •
and tested to determine the quantity and quality of the supply.
- If wells are proposed to be installed for irrigation purposes, theyshould be
performance-tested to predict possible interference problems. If water is
proposed to be taken from surface a water body, information should be
submitted with respect to the manner of which the surface water body will be
recharged. Furthermore, the possibility of interference with other wells or
surface water bodies should be investigated.
• •
- Whether the overall water taking for the proposed development will be in •
excess of 50,000 L/day, and if so a Permit To Take Water will be required.
- Th sewage effluent that will be generated by the development has not been
detrmined. Therefore, the impact of the proposed development on the quality
•
of groundwater has not been assessed. A nitrate loading assessment must be
submitted to this office for further review.
▪ The future uses on the site must be finalized. Accordingly, the daily sewage
flows must be predicted in accordance with the Ontario Ministry of the
Environment Manual of Policies, Procedures and Guidelines for On-Site
Sewage Systems.
- If daily sewage flows are in excess of 4,500 litres, resultant nitrate
concentration must meet this Ministry's Notice 3/87 (Reasonable Use Policy
15-08). Conversely, if daily sewage flows will be less than 4,500 litres, the
maximum ODWO nitrate concentration of 10 mg/L at the site boundary must
be met. -- r
•
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in-rygirkms3
CHRONOLOGICAL SUMMARY
OFFICIAL PLAN AMENDMENT APPLICATION OPA 88-077/D
DRAFT PLAN SUBDIVISION 18T-88078
ZONING BY-LAW AMENDMENT APPLICATION A 45/88
C. de Graauw
Part of Lot 11,Concession 8
Town of Pickering
1. Application Received: August 23, 1988 rezoning)
August 29, 1988 official plan)
October 6, 1988 draft plan)
-applications to permit the
applicant's proposal for a 9-hole golf
course and 8 lot estate residential
development
2. Circulation Notice Dated: November 11, 1988
3. Notice of Meeting Dated: February 16, 1989
•
4. Executive Committee Meeting: February 27, 1989
-staff recommended refusal of all
three applications in Planning
( Report # 11/89
4✓ -Staff also recommended that
Council direct planning staff to
initiate ZBL amendment to deleted
golf courses as a use permitted
as-of-right, and establish appropriate
golf course zoningfor existing
facilities
-Executive Committee
RECOMMENDED REFUSAL of
the three applications
-Executive Committee also
recommended that Council direct
planning staff to initiate ZBL
amendments re deletion of golf
courses as of right and establish
appropriate zoning
L 5. Council Meeting:.. March 6, 1989
-Council passed resolution for
REFUSAL of all three applications
-Council passed resolution to direct
planning staff to initiate zoning
amendments to delete golf courses
as-of-right and establish appropriate
zoning for existinggolf courses (see
next page A 16/8 .
6. Regional Planning Committee: April 25, 1989
-Regional Staff recommended refusal
of OPA and draft plan;
.
-Regional Committee
RECOMMENDED DENIAL of the
application
7. Regional Council:Meeting: May 3, 1989
-Regional Council adopted Planning
Committee's recommendation for
DENIAL
8. Forwarded Recommendation to MMA: May 8, 1989
-forwarded to MMA by the Region
by copy of letter to applicant advising
of Regional Council's decision
•
CHRONOLOGICAL SUMMARY
ZONING BY LAW AMENDMENT APPLICATION A 16/89
TOWN INITIATED
(Golf Courses)
OMB File No.0920002
1. Application Received (initiated): March 6th, 1989
-Council directs staff by resolution to
• initiate zoning amendments to delete
golf courses as-of-right and establish
appropriate zoning for existing golf
courses
2. Advertisement RE Statutory Public Meeting& Circulation:
May 3, 1989 & May 10, 1989
-News Advertiser
3. Notice Re Statutory Public Meeting Dated: May 5, 1989
4. Statutory Public Meeting: June 5, 1989
-an explanation of the application
was given by the Director of Planning
5. Council Meeting: -in a memo to the Deputy Clerk from •
' the Director of Planning, staff
recommended 3 readings of both
by-laws (3154/89;3155/89) - LOST
6. Council Meeting: October 2, 1989
-resolution to reconsider both
by-laws -CARRIED
7. Advertisement RE New Statutory Public Meeting& Circulation:
October 11, 1989 (News Advertiser)
8. Notice RE New Statutory Public Meeting October 5, 1989
9. New Statutory Public Meeting: November 6, 1989
-an explanation of the by-law was
given by the Manager, Policy and
Information Division, Planning
Department
10. Council Meeting:' November 6, 1989
-both by-laws (3154/89; 3155/89)
PASSED
11. Appealed to OMB: • December 4, 1989
-Appealed to the OMB by Mr. C.
deGraauw
-the appellant objected to both
by-laws as they will cause delay in the
appellants own application for a golf
course, which was submitted in
consideration of previous zoning
12. Hearing Date: May 20, 1992
-the OMB decided not to schedule
hearing until the related OPA was
considered (OPA 89-123/D, see next
page)
CHRONOLOGICAL SUMMARY
OFFICIAL PLAN AMENDMENT APPLICATION OPA 89-123/D
C. de Graauw
Part Lot 11, Concession 8
Town of Pickering
OMB File No. 0920002
1. Application Received by Town: November 6th, 1989
-to amend the DROP from
Permanent Agricultural Reserve to
permit a golf course
2. Circulation Notice Dated: February 9, 1990
3. Notice of Public Meeting Dated: March 30, 1990
4. Public Information Meeting: April 19, 1990
-Information Report 29/90
5. Planning Committee Meeting: June 20, 1990
-Staff recommend refusal
(Recommendation Report 14/90);
-Committee DEFERRED pending
approval of locational criteria for
golf courses (see next page OPA
91-008/P)
6. Executive Committee Meeting: October 22, 1990
-Staff recommend refusal of proposal
in an Addendum to
Recommendation Report.14/90
-Exec. Committee RECOMMEND
APPROVAL of proposal
7. Council Meeting : November 5, 1990
-approved Executive Committee
recommendation;
-recommended to Regional Council
APPROVAL of 9-hole golf course
8. Regional Planning Committee: July 2, 1991
-Regional Staff recommend approval;
-Committee RECOMMEND
APPROVAL
9. Regional Council: Jul 10, 1991
-adopted recommendation of
Planning Committee -APPROVED
10. Forwarded to MMA: July 12, 1991
11. Appealed to OMB: August 12, 1991
-appealed to the OMB by various
residents including Liz Lounsbury,
Mr. & Mrs. Hayne, Fred Beer, Lorne
Almack, Patricia& Greg Hoy;
-appellants objections include
intrusion on the rural character,
impact on adjacent active
agricultural lands
12. Hearing Date: May 20, 1992
14.
CHRONOLOGICAL SUMMARY
OFFICIAL PLAN AMENDMENT APPLICATION OPA 91-008/P
TOWN INITIATED
Rural Policies Including Golf Course Policies
1. Application Initiated: November 20, 1989
-Council directed the Director of
Planning by resolution to prepare a
policy to establish locational criteria
for golf courses
2. Circulation Notice Dated: March 19, 1990
-to agencies and Town Departments
3. Advertisement Re Public Meeting and Circulation:
week of June 11, 1990 News
Advertiser, Bay News, Stoufville Trib
4. Notice of Public Meeting: June 8, 1990
5. Planning Committee Meeting: June 20, 1990
-Staff recommended Approval in
Principle in Planning Report 7/90 of
a proposed policy
-Planning Committee recommends to
Council receipt of the amendment to
the PDP and that interested agencies
be circulated for further input
6. Council Meeting: June 25, 1990
-Council adopted the Planning
Committee's recommendation
7. Advertisement/Request for Comments: July 18, July 25, & August 3 in Bay
News, News Advertiser and
Stoufville Trib
-request for comments/input re
Council's request
8. Advertisement/Notice of Meeting: October 17, 1990 (Bay News),
October 19, 1990 (News Advertiser
and Stoufville Trib)
9. Executive Committee Meeting: October 22, 1990
-Staff Recommends in an Addendum
to Planning Report No. 7/90 that
Council recommend to Regional
Council APPROVAL of the
amendment to PDP to establish new
Rural Area policies
-Executive Committee APPROVED
staff's recommendation
10. Council Meeting: November 5, 1990
-Council adopted the
recommendation of the Executive
Committee
-Town Council recommend to
Regional Council that the
amendment to the PDP to establish
new Rural Area Policies, including
locational criteria for golf courses, be
APPROVED as outlined in
Appendix No. I to Addendum to
Planning Report No. 7/90
11. Regional Planning: circulated for comments;
now returned to the Town of
Pickering as a result of amendment
to Region of Durham Act respecting
approval of official plan amendments.
June 16, 1992
Hepco Credit Union
1450 Kingston Road
Pickering, Ontario
L1V 1C1
Attention: Ms. Barb Callery
Loan Manager
Dear Ms. Callery:
RE: Appeal by Cornelius DeGraauw against
Zoning By-laws 3154/89 and 3155/89
of the Town of Pickering
Enclosed, for your retention, are copies of the Minutes of Settlement
regarding the above-noted appeal to the Ontario Municipal Board.
If I can be of any further assistance, please don't hesitate to contact
me.
Yours very truly,
Cat erine L. Rose, (Miss)
/ph / Manager, Policy Division
Enclosure
L)
R CEIVED
JUN 12i
OMB Files 0920002
TOWN Of PICKERlNc R900027
• PLANNING DEPARTMENT
IN THE MATTER OF Section 17(11)of the Planning Act, 1983
AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs,
• on a request by Patricia Hoy, Gregory Hoy, Fred Beer and others for consideration of Proposed
Amendment No. 263 to the Official Plan for the Regional Municipality of Durham
(Minister's File No. 18-P-0010-263: OMB File No. 0920002)
and
•
IN THE MATTER OF Section 34(18)of the Planning Act, 1983
AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 3154/89 and
3155/89 of The Corporation of the Town of Pickering
(OMB File No. R900027)
MINUTES OF SETTLEMENT
The Parties hereto agree as follows:
1. Patricia Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne,
Lorne Almack and The Pickering Conservation Association (also known as the Pickering Rural
Association) withdraw their requests for referral of proposed Amendment No. 263 to the Official
Plan for the Regional Municipality of Durham.
• 2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The
Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so
that it provides for the inclusion of the DeGraauw property, as set out in Schedule A hereto.
3. Any clubhouse to be erected on the DeGraauw property shall be used primarily for golf course
patrons in accordance with By-law 3155/89.
• 4.(a) DeGraauw shall install a six foot chain link fence with no trespassing signs attached along the
common boundary of the DeGraauw and Hoy properties adjacent to the active golf course area at
DeGraauw's expense.
•
(b) DeGraauw shall not erect any neon sign on or adjacent to the DeGraauw property.
5. DeGraauw shall rectify off-site migration of water onto the lands immediately south of the
DeGraauw property at DeGraauw's expense to the satisfaction of the adjacent landowner.
6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the Environment as set out
on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs, set
out as Schedule B hereto.
7. DeGraauw shall undertake not to enter into any activity which adversely affects the wells of
neighbouring landowners.
8. DeGraauw shall install, if required by the Ministry of the Environment, metering devices on any
water sources for irrigation purposes.
9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural Resources
respecting protection of wetland area and the stream on the DeGraauw property.
•
• 10. DeGraauw shall satisfy the concerns of the Region of Durham Works Department respecting
entrance locations and configurations.
11. DeGraauw shall undertake to minimize disturbance or interference with wildlife and plant
species.
12. DeGraauw shall take steps to ensure that pesticide, herbicide, and fertilizer used in the golf
course operation will be undertaken in a manner which has regard for environmental and human
health concerns.
13. Pickering shall ensure that the chain link fence and signs referred to in 4(a) above, the sign
prohibition referred to in 4(b), above and the entrance locations and configurations referred to in
10 above, shall be implemented through the site plan approval process under section 41 of the
• Planning Act.
14. The Board will be requested to withhold the issuance of all its orders hereunder until Pickering
• advises the Board that the site plan agreement between DeGraauw and Pickering has been
registered on title. If such registration has not occurred by December 31, 1992, the Board may
be spoken to upon seven days clear notice to all parties.
15. No party shall seek an order for costs to and including May 20, 1992.
•
DATED AT PICKERING,May 20, 1992.
• en M uak ch, Solicitor, on behalf of Patricia Hoy, Gregory
Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne,
Madge Hayne, Lorne Almack, Pickering Conservation
Authority (Pickering Rural Association)
Kate MacGregor, Solicitor/egional Municipality of
Durham
•
I. .r _ .4 -
Ro, - aw,Solicitor for omelius DeGraauw
�
71gj
Tim Sheffield, Solicitor for Town of Pickering
•
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3165 /a 9
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part
of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the
Town of Pickering. (A 16/89)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
establish appropriate golf course zoning for existing and permitted golf course facilities on
lands being Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of
Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of
Pickering;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18,
Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34,
Concession 7 and Part of Lots 11 and 17, Concession 8, in the Town of Pickering,
designated "A/GC' or"02/GC'on Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of By-law 3037 as amended
hereby.
4. DEFINITIONS
In this By-law, "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.
5. PROVISIONS
(1) (a) Uses Permitted("A/GC' Zone)
. No person shall within the lands designated "A/GC' on Schedule I attached
hereto use ally lot or a ect, a1 Pr or use any building or structure for any purpose
except the following:
(i) any use permitted by section 6.1 of By-law 3037;
(ii) a golf course.
t -2-
(b) Zone Requirements("A/GC"Zone)
No person shall within the lands designated "A/GC' on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) for those uses permitted by section 5.(1)(a)(i), above, the provisions of
section 6.2 of By-law 3037;
(ii) for golf courses, the provisions of section 6.2.4 of By-law 3037.
(2) (a) Uses Permitted ("02/GC' Zone)
No person shall within the lands designated "02/GC' on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) any use permitted by section 13.1 of By-law 3037;
(ii) a golf course.
(b) Zone Requirements("02/GC" Zone)
No person shall within the lands designated "02/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
section 13.2 of By-law 3037.
•6. flY-LAW 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as it applies to the lands designated "A/GC' or
"02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as
amended.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
(b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the date of approval by the Ontario Municipal Board.
•
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SCHEDULE I TO BY—LAW
AS MADE BY
ONTARIO MUNICIPAL BOARD
ORDER DATED
(0.M.B. FILES: 0920002, R900027)
•
PAGE 6 OF 6
•
TOWN OF
PICKER:.
APPROVED •
AS TO FORM
LEGAL SERVICES
3
•
- A finalized plan be submitted by the proponent outlining the proposed uses on
the site including whether it is intended that there be a resident for the
groundskeeper and or banquet facilities for the clubhouse.
The water supply source for the proposed development has not been
determined. If groundwater is the proposed source, well(s) should be drilled •
and tested to determine the quantity and quality of the supply.
If wells are proposed to be installed for irrigation purposes, they should be
performance-tested to predict possible interference problems. If water is
proposed to be taken from surface a water body, information should be
submitted with respect to the manner of which the surface water body will be
recharged. Furthermore, the possibility of interference with other wells or
surface water bodies should be investigated.
Whether the overall water taking for the proposed development will be in
excess of 50,000 L/day, and if so a Permit To Take Water will be required.
- Thp sewage effluent that will be generated by the development has not been
det rmined. Therefore, the impact of the proposed development on the quality
of groundwater has not been assessed. A nitrate loading assessment must be
`✓ submitted to this office for further review.
•
- The future uses on the site must be finalized. Accordingly, the daily sewage
flows must be predicted in accordance with the Ontario Ministry of the
Environment Manual of Policies, Procedures and Guidelines for On-Site
Sewage Systems.
If daily sewage flows are in excess of 4,500 litres, resultant nitrate
concentration must meet this Ministry's Notice 3/87 (Reasonable Use Policy
15-08). Conversely, if daily sewage flows will be less than 4,500 litres, the
maximum ODWO nitrate concentration of 10 mg/L at the site boundary must
be met. _.
; su,1,,AA-kot
d�G rc a 0 PA- ?.---Z2
VD
THE CORPORATION OF THE TOWN OF/PICKERING
BY-LAW NUMBER I g
Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to
implement the Official Plan of the Town of Pickering District Planning Area, Region of
Durham in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part
• of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the
Town of Pickering. (A 16/89)
WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to
establish appropriate golf course zoning for existing and permitted golf course facilities on
lands being Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of
Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of
Pickering;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. SCHEDULE I
Schedule I attached hereto with notations and references shown thereon is hereby
declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18,
Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34,
Concession 7 and Part of Lots 11 and 17, Concession 8, in the Town of Pickering,
designated "A/GC'or"02/GC'on Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected, moved or
structurally altered except in conformity with the provisions of By-law 3037 as amended
hereby.
4. DEFINITIONS
In this By-law, "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.
5. PROVISIONS
(1) (a) Uses Permitted ("A/GC'Zone)
No person shall within the lands designated "A/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) any use permitted by section 6.1 of By-law 3037;
(ii) a golf course.
r
-2-
(b) Zone Requirements ("A/GC Zone)
No person shall within the lands designated "A/GC" on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
the following provisions:
(i) for those uses permitted by section 5.(I)(a)(i), above, the provisions of
section 6.2 of By-law 3037;
(ii) for golf courses, the provisions of section 6.2.4 of By-law 3037.
(2) (a) Uses Permitted("02/GC' Zone)
No person shall within the lands designated "02/GC' on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) any use permitted by section 13.1 of By-law 3037;
(ii) a golf course.
(b) Zone Requirements ("02/GC'Zone)
No person shall within the lands designated "02/GC' on Schedule I attached
hereto use any lot or erect, alter or use any building except in accordance with
section 13.2 of By-law 3037.
6. BY-LAW 3037
By-law 3037, as amended, is hereby further amended only to the extent necessary toive
effect to the provisions of this By-law as it applies to the lands designated "A/GCS or
"02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as
amended.
7. ENFORCEMENT
(1) Any person who contravenes any of the provisions of this By-law is guilty of an
offence and on conviction is liable,
(a) on a first conviction to a fine of not more than $20,000; and
..- (b) on a subsequent conviction to a fine of not more than $10,000 for each day or
part thereof upon which the contravention has continued after the day on which
he was first convicted.
(2) Where a corporation is convicted under subsection (1), the maximum penalty that
may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction a fine of not more than $25,000 for each day or part
thereof upon which the contravention has been continued after the day on
which the corporation was first convicted;
and not as provided in subsection (1).
(3) Where a conviction is entered under subsection (1), in addition to any other remedy
or penalty by law, the court in which the conviction has been entered, and any court
of competent jurisdiction thereafter, may make an order prohibiting the continuation
or repetition of the offence by the person convicted.
8. EFFECTIVE DATE
This By-law shall take effect from the date of approval by the Ontario Municipal Board.
•
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SCHEDULE I TO BY-LAW
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ORDER DATED
(O.M.B. FILES: 0920002, R900027)
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30454g89000027
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c>-a► m
Ontario Municipal Board
Commission des affaires municipales de I Ontario
IN THE MATTER OF Section 17 ( 11 ) of the
Planning Act , 1983
•
AND IN THE MATTER OF a referral to this
Board by the Honorable Minister of
Municipal Affairs , on a request by
Patricia Hoy , Gregory Hoy , Fred Beer, and
others for consideration of Proposed
• Amendment No. 263 to the Official Plan
•
for the Regional Municipality of Durham
Minister ' s File No . 18-OP-0010-263
OMB File No. 0920002
IN THE MATTER OF Section 34 ( 18 ) of the '
Planning Act , 1983•
AND IN THE MATTER OF an appeal by RECEIVED
. Cornelius de Graauw againstZoning MAR A 1-991
B,y_=.laws 3154 /89 and 3155/89 of the
Corporation of the Town of Pickering TOWN or 1ICY.fP.�FI�
OMB File No. R900027 PLANNING p(DARTt.IINT
APPOINTMENT FOR HEARING
• The Ontario Municipal Board `:ereby appoints Wednesday, the
20th day of May , 1992 , at the hour of 10 : 00 O'CLOCK (LOCAL
•• TIME) in the forenoon at the COUNCIL CHAMBERS , CIVIC COMPLEX ,
1 THE ESPLANADE , PICKERING for the hearing of these.
appeals/referrals .
If you do not attend and are not represented at this hearing ,
the Board may proceed in your absence and you will not be
entitled to any further notice of the proceedings .
In the event the decision is reserved, persons taking part in
the hearing and wishing a copy of the decision may
copy from the presiding Board member or , in writing , from the
- rl ) -
•
:)92r;nnrl2
Board . Such decision will be mailed to you when ava ' b1e .
DATED at Toronto , this 28th day of Februar. , 1992
SECRETARY
•
•
EXPLANATORY NOTE
•
Several requests for referral of Amendment No. 263 to the Official
Plan for the Regional Municipality of Durham were made by landowners
in the area of the subject property because they opposed the
designation of the subject lands for use as a golf course.
The passage of Zoning By-laws 3154/89 and 3155/89 has been appealed
by the owner of the subject lands, Cornelius de Graauw, because the
By-laws do not recognize the owners lands in Lot 11 , Concession 8 as
an existing golf course.
•
• TOWN CLERK
. .- ,
1 iY14-fro,„04/19c -
7, .4,,,,' ,
e 1.
t * f Form P-14
® T . (5/85)
l ntarto .. 3156182
Ontario �j� _la VJ
i Ontario Commission des 180 Dundas St.West/180,rue Dundas,ouest
Toronto,Ontario
Municipal affaires municipales M5G 1E5
t Board de ('Ontario 416/598-2266
Please respond to:/S.V.P.repondre a:
j
February28, 1990
Kathryn McKay i ;
Deputy Clerk MAR - � �' .
Town of Pickering
Pickering Civic Center TOWN eF F
1 The Esplanade ICKER1N
PoCKERINO,ONTARIO
Pickering, Ontario -
- L1V 6K7
RECEIVED
Dear Ms. McKay:
,..-.R 2199:i
Re: 0.M.B. File: 8900027TCw'VIN OFCK`RNG
By-law No.: 3154/89, 3155/89 _ "`�PLANNING DEPARTMENT
0•P•A. No.: Durham Regional O.P.A. 88-77/D
S;hoLLI ci. bre. SI-/2 3/I)
-.,,,d•4,se,i abard • Har 5jR l
The appeal related to the above by-law will be held in
abeyance until such time as the amendment to the Official
Plan has been approved (or referred to this Board) by the
Ministry of Municipal Affairs (or delegated municipality) . •
` c•✓ Yours truly,
1/2a?,„ �/V a.
lL
Susan Elliott \ti��
Planning and Land Compensation
Compensation 4$,/tiCEIVEb
a
Cs cc: Municipal Affairs, Victor Doyle AR- Y 1990 9
\ . TOWN OF
PICKEEHIG
2 i,3 cam 0
fL
RECEIVED C) C 00 i= 6_: /',4 kQ.
�OEC e� 19896Orli).
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FORM 1 RECEIVED
PLANNING ACT, 1983 NOV 151989
NOTICE OF THE PASSING OF A P gNHN OF PicKEa��
ZONING BY-LAW ►vc �EPARNEWr
THE CORPORATION OF THE TOWN OF PICKERING
TAKE NOTICE that the Council of the Corporation of the Town of
Pickering passed By-law Numbers 3154/89 and '3155/89 (A16/89) on the
6th day of November, 1989 under section 34 of the Planning Act, 1983.
And take notice that any person or agency may appeal to the Ontario
Municipal Board in respect of these by-laws by filing with the Clerk
of the Corporation of the Town of Pickering not later than the 5th
day of December 1989 a notice of appeal setting out the objection to
the by-laws and the reasons in support of the objection.
An explanation of the purpose and effect of the by-laws is included
below. The complete by-laws are available for inspection in the
office of the Clerk during regular office hours.
FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED BY
CONTACTING THE TOWN'S PLANNING DEPARTMENT, 831-2113.
Dated at the Town of Pickering this 15th day of November 1989.
Kathryn McKay, A.M.C.T.
Deputy Clerk
Town of Pickering
1710 Kingston Road,
Pickering, Ontario
L1V 1C7
Purpose and Effect of By-law Numbers 3154/89 and 3155/89
The purpose and effect of By-law Number 3154/89 is to delete golf
courses as a use permitted as-of-right in the Town.
The purpose and effect of By-law 3155/89 is to recognize the existing
golf course facilities in appropriate zone categories.
PICKERING RURAL ASSUeIA 1 ION •■ •■ T�'�W r�stl�
, -,p 4945 Westney Road•Claremont,Ontario•LI 1A2•Telephone 905 649 3876 RECEIVED Oq •GS
•
TOWN SOLICITOR 1
FILE NO. " /
s 7
RECD: )i)QIP
Se to3Et x019 5
SEP 0 5 1995 FWD COP TO:
The Town of Picker .nq FWD/COPY TO - MAYOR COUNCIL
One the Esplanade MAYOR COUNCIL EXEC DIR OPNS CLERK
MANAGER EXEC DIR ORNS r�JL & REC PLANNING
Pickering, Ontario TOWN CLERK PARKS�� b FAG ---
L1V 6K7 �E CH;EF TREASURER `
7RFASURER fI.UL 6 PEC -J
PLANNII'G I I °VB_,G ^�'4FKS & FAC SOLICITOR
o :,��--" L °L:b_IC WORKS MGR. -HR.
Attention: Town Mai --,--- -- TRANSIT EMPL. EQUITY
F— -- LIBRARY H. & SAFETY
Re: Your Letter of:957E8/251���_ � a,GR -IS ECON DEV.
to Cornelius DeGraauw I
We have received a copy of the above noted letter and have the
following comments in roughly the sequence used in that letter.
Re: OMB Files R900027, 0920002
5. Mr. DeGraauw errs when he says that the problem of migration
of water onto lands immediately to the south has been
-�..7 rectified to the apparent satisfaction of the owners. Quite
.•., conversely; absolutely no conversations have taken place and
i '•; absolutely no work has been done to rectify this problem.
' 1 Messrs. Allen Taylor and Rick Vanderkooi, owners of the
property immediately south of the DeGraauw property, will be
out of town for an extended period of time. In their absence
they have asked the undersigned to act on their behalf on all
• . matters related to the construction of the DeGraauw golf
course and with particular reference to article 5 of the OMB
Minutes of Settlement of May 20, 1992. A copy of that
• authorization is attached.
The owners report that they suffer from frequent flooding that
. washes out the only access to their residence and is creating
a new and increasingly large ravine across their property.
Extensive grading of the site seems to have altered surface
r ." flows to the extent that their driveway is, at times, almost
impassable.
This problem is exacerbated by the existence of a very old
drainage tile that has been disturbed and damaged by the rush
of water created by grading in the early stages of the
development. .
We ask that you caution Mr. DeGraauw not to undertake
extensive remedial action prior to exploratory discussions
with the owners or their agent. The Decision of the OMB
clearly sets out that remediation shall be to the satisfaction
of the land owners. I am assured that their "approval" will
not be unreasonably withheld but caution that the job must be
properly done.
Would the Town care to moderate such discussions?
RECEIVED
SEP P too-
• TOWN OF PICKERINQ
PLANNING DEPARTMENT
6 . 3rd bullet - In spite of numerous written assurances to the
contrary, Mr. DeGraauw has been pumping water from the creek
that crosses the "panhandle" at the south-west corner of his
property. At the same time a downstream neighbour has
complained that, for the first time , his pond water level has
dropped by 18 to 24 inches .
He has also been pumping excessive amounts from ground
sources. Neighbours have complained that they are getting air
from their taps , a sign that air has entered the system,
usually through the well pump.
4th bullet - Mr. DeGraauw is dead wrong when he "anticipates"
that he will not take more than 49 , 000 litres of water per
day. We calculate that 50 . 000 litres is equivalent to 0. 5mm
of rain when spread evenly over 10 hectares. That's 0. 5
liters or two cups of water per square meter. That much water
will never keep the golf course green.
250,000 per day would seem to be a little more realistic,.
providing the equivalent of 25 mm per day.
Please have your engineers check us out on this one, it's a
fairly simple calculation.
The metering of water for all uses and from all sources would
eliminate conjecture and doubt as to the amount of water
taken. Water meters are not all that expensive.
5th, 6th and 7th bullets - "Future uses on the land have not
been finalized" . We are very much of the opinion that "future
uses of the land were firmly established at the OMB hearing of
May 20th 1992 and reconfirmed in the site plan that is
registered on title.
That aside for the present; surely all future uses must be
known before water consumption can be established and a Permit
�,. To Take Water granted and before nitrate loadings can be
assessed. We are, after all , trying to assess the impact that
the development of the property will have on the environment
and on the groundwater-dependent community that surrounds it.
Calculations for water taking and nitrate loading assessment
must include the eight additional houses he plans to build.
Re: Site Plan Agreement IDeGraauw Cornelius)
We note that DeGraauw has agreed that development is not being
undertaken in conformity with the approved site plans and drawings.
We further note that the Town and Mr. DeGraauw have agreed that he
will submit plan and drawing revisions for review and assessment.
The site plan agreement has been registered on title, and is itself
a product of the OMB hearing of May 20, 1992. It is probable that
the contemplated changes are intended to accommodate and benefit
the developer and we are concerned that those same changes may
accrue to the disadvantage of .other parties to the hearing and to
other members of the surrounding community.
We signed the May 20th agreement with the understanding that the
golf course would be constructed in compliance with all the terms
of the Minutes of Settlement and the subsequent Site Plan
Agreement. •
Are we correct in understanding that there exists in Pickering a
broad range of laws and regulations that have been put in place to
ensure that any and all development conforms to predetermined
standards? Is there not a system of policing and enforcement with
appropriate penalties to ensure that each developer/builder
conforms to all relevant regulations? If that is more or less
correct, where is the enforcement as it relates to the ongoing
transgressions of Mr. DeGraauw on this particular development? Why
is he allowed to alter the recently agreed site plan rather than
construct the golf course in full compliance with it?
The Town seems to be bending over backward to accommodate and
support this developer rather than policing the construction to
ensure that he fulfils his obligations to the town and to the
community.
How many of us would be allowed to convert a barn to other uses
without a permit? Eliminate a watercourse? Degrade a wetland?
Ignore an OMB Decision? Ignore a Site Plan Agreement?
We now understand that he intends to use a large house trailer to
act as a club house and possible residence. Will the Town ensure
that this does not happen?
We most respectfully suggest that there is a heavy onus on the Town
to fulfil its responsibility and make this developer comply with
the many regulations and agreements governing the construction of
his golf course.
I speak for all the neighbours and other opponents when I say that
we have accepted the fact that we will soon be living with a golf
course. That battle has been fought. We would very sincerely like
to see an end to the ongoing controversy that surrounds this
development .
Can you help us to reach that goal?
We would sincerely appreciate an early response.
Thank you;
Picker' g Rural Association
ed Beer
08/24/95 15:52 p^905 832 7597 MNR DURHAM AREA X 001
' Ontario ••
Ministry of Ministate des
Natural Resources Richesses naturelles NOTE STIX
FAX TRANSMITTAL MEMO
10401 Dufferin Street
I#or pa?es.
Maple,Ontario Notified of receipt
L6A 1S9 / :I i (a<
August 24, 19 9 5 Spo co: a�J Time 'oep:. _67 /
17'h L/2o - 76%7
Town of Pickering signamm
1 the Esplanade Pum /4111111MAIII
Pickering Ontario ;co. ;
L1V 6K7N
Phone x
I
Attention: C.M. Timothy Sheffield Fax *
Town Manager
C.,irm- Dear Sir
Subject (1) OMB Files R900027; 0920002
- Pickering Zoning By-Laws 3154-5/89
- Durham Region OPA 263 Referral
(2) Site Plan Agreement (DeGraauw)
- Part Lot 11, Concession 8
Town of Pickering
We are writing regarding the letter dated August 11, 1995 that
was sent from yourself to Cornelius DeGraauw, and copied to the
Ministry of Natural Resources.
We have reviewed the contents of the noted correspondence and
Nor' wish to reiterate our letter of November 3 , 1993 from the
Ministry of Natural Resources to the Town of Pickering, stating
that all our concerns have been addressed to our satisfaction and
the Ministry of Natural Resources has no further concerns nor
objections with respect to this development.
Should you have further questions please contact Rhonda Gribbon
(905) -832-7182 . r-
TOWN MANAGER
Yours truly - RECEIVED AUG 2 4 1995
e/� FILE NO.
Rhonda M. Grib on ABEY. TO:
Area Planner, Durham FWD/CgPY TO:
MAYOR V COUNCIL
Greater Toronto Area District, ! EXEC.DIF.OPNS Y_ CLERK
. Maple CUL.& REC. PLANNING V
I FIRE CHIEF _ TREASURER
RGPARKS&FAC. } SOLICITOR V
i PUbLIC WORKS V MGR.-HR.
cc. Cornelius DeGraauw fTRANSIT EMPL.EQUITY
LIRRAH. &SAFETY
Metro Toronto and Region Conservation Au 11Fity - ECON. DEV.
WNOFP/c •
Q. •• `�S August 25, 1995
kkat
silliF
The Corporation
of the
Town of Pickering Cornelius DeGraauw • RECEIVE D
Town Manager's 1985 Valley Farm Road
Office Pickering, Ontario E ''3 t995
L 1 V 1X6 . PICKERING
Pickering Civic Complex
X./JAR-WENT
One the Esplanade
Pickering.Ontario
Canada Subjects: (1) OMB Files R900027; 0920002
LIV 6K? - Pickering Zoning By-laws 3154-5/89 (C. DeGraauw,Appellant)
Direct - Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters)
Tel. '905)420.4610
Fax (905)420-7648 - Our File: L939104 (L)
Town
Tel. (905)420-2222 (2) Site Plan Agreement [DeGraauw, Cornelius]
(905)683-2760
Fax (9051 420-0515 - Part Lot 11, Concession 8, Pickering
- Our File: S9302 (L)
This is further to the meeting between you, the Town Manager and the Town Solicitor held
in our offices during the afternoon of August 21, 1995. At that time, you advised us
respecting the contents of our letter of August 11, 1995, as follows.
Re: OMB Files R900027: 0920002
5. You have rectified off-site migration of water onto lands immediately south of your
property to the apparent satisfaction of the adjacent owner. While that owner is not
available at this time to confirm his/her satisfaction, in the present circumstances
we accept your position with respect to.this issue. Should, however, that owner
subsequently advise us that he/she was not satisfied as required, we may require you
to re-address this issue at that time.
6. With respect to the concerns of the Ministry of the Environment,
• you do not believe that you have submitted the required plan to the Ministry yet;
you will ensure that the plan is submitted;
• a well has been drilled but not tested;
• information respecting the recharge of the irrigation pond (Gartner Lee report)
will be submitted to the Ministry shortly;
• you anticipate that water will be taken at a maximum rate of 49,000 litres/day,
obviating the need for a Permit To Take Water;
• • a nitrate loading assessment(Golder and Associates report) has not been submit-
. ted to the Ministry yet;
• future uses on the site have not yet been finalized; and
• daily sewage flows and resultant nitrate concentration are unknown at this time.
Cornelius DeGraauw Page 2
August 25, 1995
You undertook to pursue these matters with the Ministry as soon as possible and to
obtain the Ministry's acknowledgement that you have satisfied its concerns.
8. The Ministry of the Environment does not require that you install metering devices
on water sources for irrigation purposes. You undertook to obtain the Ministry's
acknowledgement of this circumstance.
9. The concerns of the Ministry of Natural Resources have been satisfied respecting
the protection of the wetland area and the stream on your property. You undertook
to obtain the Ministry's acknowledgement of this circumstance.
In this regard, we acknowledge receipt of a letter dated August 24, 1995,from the
Ministry stating that all its concerns have been addressed to its satisfaction.
11. You have made every effort to minimize disturbance or interference with wildlife
and plant species.
In this regard, we acknowledge that the letter dated from the Ministry states in
part that the Ministry has "no further concerns nor objections with respect to this
development". •Given the mandate of that Ministry, we accept that letter as
confirmation of your position with respect to this issue.
You further advised us that.you would be installing a fence "adjacent to the active golf
course area", as required by condition 4(a) of the Minutes, in the immediate future.
Thank you for your cooperation to date in addressing these issues. We look forward to
( receipt of further confirmation that the remaining outstanding issues have been resolved.
1 j 1?,.-
Re: Site Plan Agreement[DeGraauw. Cornelius]
•
You confirmed our observations that you have not been undertaking development in
conformity with the approved site plans and drawings. You have undertaken to submit plan
and drawing revisions to the Town's Planning Department for review and consideration.
Thank you for your cooperation to date in addressing this issue.
Yours very truly
•
C. M. Timothy Sheffield
Town Manager
CMTS:
Copy: See page 3.
j:\genlegal\1939104\letters\95082501.doc
j.'\spa\s9302Uetters\95082501.doc
•
Cornelius DeGraauw Page 3
August 25, 1995
Copy: Mayor Arthurs •
Executive Director of Operations
Town Solicitor
Director of Planning
Director of Public Works (Acting)
Romani Nadarajah, Solicitor for Hoy, Beer, et al, Canadian Environmental
Law Association
Kate MacGregor, Solicitor for Regional Municipality of Durham
Ron Hawkshaw, Solicitor for Cornelius DeGraauw
Karl Jaffary, Solicitor for Cornelius DeGraauw
Secretary, Ontario Municipal Board
Director, Watershed Management, M.T.R.C.A.
Director, Central Region, Ministry of Environment and Energy
Director, Plans Administration Branch, Central and Southwest Regions,
Ministry of Municipal Affairs and Housing
District Manager,Maple District, Ministry of Natural Resources
C
3,N OF plC
,, �«, August 24, 1995
h•74v
istvit
The Corporation Gowling, Strathy & Henderson -
of the Barristers and Solicitors
Town of Pickering Suite 4900, Commerce Court West
Town Manager's
Toronto, Ontario
RECEIVED
Office M5L 1J3 Qilg 7.A 1995
PidteringCivic Complex Attention: Karl D. Jaffary TOWN OF P;CKERING
One the Esplanade
Pickering,Ontario Pt.c.wsat- D FARTMENT
Canada
L1V 6K7
Subjects: (1) OMB Files R900027; 0920002
Tei XDirct 05)420-4610 - Pickering Zoning By-laws 3154-5/89 (C. DeGraauw, Appellant)
fax 05)420-7648 Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters)
TeL n (905)ago-2222 - Our File: L939104 (L)
(905)683-2760
Fax (905)420-05,5
(2) Site Plan Agreement [Degraauw, Cornelius]
- Part Lot 11, Concession 8, Pickering
- Our File: S9302 (L)
We received your letter of August 21, 1995 on August 23, 1995, and have the following
comments in response thereto.
1. The Town does not have a planner "in charge of this location". Mr. Smith is a
junior member of the Town's Planning Department, and is not aware of the
Liactivities of members of other departments, some of whom have indeed visited
this property.
2. Our letter of August 11, 1995 does not contain allegations that your client "has
breached the Minutes of Settlement" herein. Rather, it indicates that "our
observations suggest that certain matters relating to [named] provisions [of the
Minutes] have not been complied with". [emphasis added]
3. Our letter of August 11, 1995 was copied to certain ministries and agencies
because those ministries and agencies were either parties/participants in the
Ontario Municipal Board matter (and were signatories to the Minutes), or had
concerns before the Board that were incorporated into the Minutes as a means of
ensuring that those concerns would be addressed. -
4. At DeGraauw's request, the Town Manager and the Town Solicitor met with him
during the afternoon of August 21, 1995. At that time, DeGraauw confirmed that
Gowling, Strathy & Henderson Page 2
August 24, 1995
some of the matters referred to in our letter of August 11, 1995, have indeed not
been complied with to date, and undertook that they would be complied with
before the end of August. Such matters include, but are not limited to,
• submission to the Ministry of Environment and Energy of various documents
and data as required by that Ministry's letter of April 30, 1992, attached as
Schedule B to the Minutes, and
• submission to the Town of red-lined site plans reflecting the actual
development of the site (which DeGraauw acknowledged differs from the
development as previously-approved).
5. In these circumstances, no consideration will be given to your request for a
retraction and apology.
6. DeGraauw has advised us that he is content to continue to deal directly with the
Town in resolving the outstanding matters respecting this development, and that
consequently, we need not facilitate meetings through your office.
We trust this is satisfactory.
Yours very truly
C. M. Timothy Sheffield
Town Manager
CMTS:jh
Copy: Mayor Arthurs
Executive Director of Operations
Town Solicitor
Director of Planning
Director of Public Works(Acting)
Romani Nadarajah, Solicitor for Hoy, Beer, et al, Canadian Environmental Law
Association
Kate MacGregor, Solicitor for Regional Municipality of Durham
Ron Hawkshaw, Solicitor for Cornelius DeGraauw
Secretary, Ontario Municipal Board
Director, Watershed Management,M.T.R.C.A.
Director,Central Region,Ministry of Environment and Energy
Director, Plans Administration Branch, Central and Southwest Regions, Ministry
of Municipal Affairs and Housing
District Manager, Maple District, Ministry of Natural Resources
Cornelius DeGraauw
j:\genlegal\1939104\letters\95082401.doc
j:\spa\s93 02\letters195082401.doc
♦ w
• COWLING, STRATI-1Y €HENDERSON
BARRISTERS&SOLICITORS•PATENT&TRADE MARK AGENTS
•
tel •••
rSuits 4900.Commerce Court Wast
p i1i = r I f Toronto.Ontario.Canada MSL 1J3
'V,► I� t�;r u J ti II Telephone:(416)862-7525
J,, f Lji Facsimile:(416)862-7661
AUG( 2 9 1995 ���••• Karl 0.Jeffery.O.C.
Sirect a862-3546
August 21, 1995 ryU ::(416)63 62-3421
T^ , •V C i';r-< I r1 C'
File:T797630
J•
i 1{r.`.is F:I/V•i•CM i nl;10
Mr. C.M. Timothy Sheffield,
Town.Manager
Town.of Pickering
One the Esplanade
Pickering, Ontario
L1V6K7 RECEIVED
Dear Mr. Sheffield: AUG 29 toot
RE: Cornelius DeGraauw TOWN PKG
PLANNINGOF O�PAKERINATMENT
9th Line and Westnev Road, Pickering
We have been retained by Mr. Cornelius DeGraauw, the developer of the golf course
located at 4988 Westney Road North (at Ninth Line) Pickering. Mr. DeGraauw has
consulted us with respect to your extremely disturbing letter of August 11, 1995.
After having spoken with the Town's Planner in charge of this particular location, Adrian
Smith, my client has determined that no Town employee has ever attended at the property
to determine whether or not the provisions of the Minutes of Settlement set out in your
letter have in fact been complied with. The fact that your letter does not refer to any
specific problem bears out this conclusion. Our client finds it outrageous that the Town
would send a letter containing allegations that he has breached the Minutes of Settlement
to numerous Ministries and agencies without having obtained any evidence or details of any
such breach. The letter and its wide circulation to individuals and agencies is negligent on
your part and may result in our client suffering damages. As you are aware, our client has
an application for subdivision which is being circulated to those agencies. The letter and its
circulation may also constitute actionable defamation.
In fact, Mr. DeGraauw has complied with all of the items set out in your letter. He would
have been happy to provide you with that information if you did not have it. However he
objects to the allegation that he is in breach of those provisions. A letter asking for evidence
of compliance would have been appropriate, but a letter copied and circulated widely which
falsely or negligently alleges breach of several provisions is not. Our client expects a written
retraction of the allegations and an apology, which must be copied and circulated to anyone
Suits 2600 Sults 1100 19 Thorns Street Suits 1723 Kholzunov Pereulok
•
160 Elgin Street. 50 Queen Street North Cambridge 595 Bullard Street Moscow 119021 Russia
Ottawa.Canada KIP 1C3 KltChenar.Canada N21•16M2 Canada NI R 5W1 Vancouver Canada V7X 1J1 Internat.Tel/Fax
Tel:(613)233-1781 Tel:(519)576-6910 Tel:(519)621-6910 Tel:(604)683-6498 011-7402-220-2114
GOWLING,STRATHY &HENDERSON
BARRISTERS&SOUCITORS•PATENT&TRADE MARK AGENTS
- 2 -
who received a copy of your August 11, 1995 letter. Failure to remedy the situation by
clearing our client's name will result in our client suffering additional damages, for which he
will look to you for compensation.
Since you do not have any information on the items set out in your letter, Mr. DeGraauw
will attempt to provide you with evidence of compliance. For your information at this time,
we offer the following.
Off-site migration of water onto lands immediately south of the DeGraauw property has
been rectified to the satisfaction of the adjacent owner. Mr. DeGraauw has spoken with the
tenant of the lands to the south and has been assured that he is satisfied and has no
complaints. The owner is currently in the East Coast and cannot provide you with written
confirmation that he is satisfied. However Mr. DeGraauw consulted with him when
remedying the run-off situation and the owner was satisfied with Mr. DeGraauw's work. We
have consulted with the Ministry of the Environment and have determined that metering
devices were not required by the Ministry. The Ministry of the Environment has no
outstanding concerns at this time. The Ministry of Natural Resources' concerns concerning
the wetland area and the stream have also been complied with as Mr. DeGraauw consulted
and worked closely with the Ministry when carrying out work in the vicinity of the wet area
at the north of the site. Wildlife and plant species have been disturbed to the least possible
extent.
If the Town's inspector has any evidence to the contrary, that should have been set out in
the letter.
As your letter makes no mention of the specific manner in which my client is in breach of
the items set out therein, there is nothing further my client can tell you. We cannot provide
you with evidence to counter your allegations if there are no details and no evidence to
support them. Our client therefore requests a meeting with yourself and the Town's
Planning Department to clarify the outstanding issues (if any). At that time, my client will
try to provide you with evidence of the satisfaction of the Minutes of Settlement's provisions
you have set out in your letter, notwithstanding the fact that there is no requirement that he
do so at this point in time. We look forward to hearing from you to set up a meeting date.
If you would telephone my associate, David Tang at (416) 862-3547 to set up any meetings,
I would appreciate it.
•
GOWLING,STRATHY &HENDERSON
BARRISTERS d SOLICITORS•PATENT&TRADE MARX AGENTS
- 3 -
If we do not hear from you, we will advise our client of his legal remedies.
Yours very truly,
GOWLING, STRATHY & HENDERSON
Per:
Karl D. Jaffary, Q.C.
DT/KDJ/kdh
cc. Mayor Arthurs
Executive Director of Operations
Town Solicitor
Director of Planning /
Director of Public Works (Acting)
Romani Nadarajah, Solicitor for Hoy, Beer et al, Canadian Environmental Law
Association
Kate MacGregor, Solicitor for Regional Municipality of Durham
Ron Hawkshaw, Solicitor for Cornelius DeGraauw
Secretary, Ontario Municipal Board
Director, Watershed Management, Metropolitan Toronto and Region Conservation
Authority
Director, Central Region, Ministry of Environment and Energy
Director, Plans Administration Branch, Central and Southwest Regions, Ministry of
Municipal Affairs and Housing
District Manager, Maple District, Ministry of Natural Resources
h\c11re\m\munic\degreaua\sheffiel.101
0,‘.4 ()
�N OF PCF •
‘ze ; August 11, 1995
z
•
Delivered by Hand
The Corporation
of the
Town of Pickering
Cornelius DeGraauw RECEIVED
Town Manager's 1985 Valley Farm Road
Office Pickering, Ontario AUG 14 1995
L1V 1X6
RdceringGvicComplex
TOWN OF PICKERING
One the Esplanade PLANNING DEPARTMENT
Pickering,Ontario
Canada
L1V6K7 Subjects: (1) OMB Files R900027; 0920002
- Pickering Zoning By-laws 3154-5/89 (C. DeGraauw, Appellant)
Direct
Tel. c05)420-4610 - Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters)
Fax �35)42o-7648 - Our File: L939104 (L)
Town
TeL (905)420-2222 •
(905)683-2760 (2) Site Plan Agreement [Degraauw, Cornelius]
Fax (905)420-0515
- Part Lot 11, Concession 8, Pickering
- Our File: S9302 (L)
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Re: OMB Files R900027: 0920002
On the day set for the hearing of these matters (May 20, 1992), the solicitors for the persons
granted Party status executed Minutes of Settlement on behalf of their clients. Those
Minutes contained, among other provisions, the following:
5. DeGraauw shall rectify off-site migration of water onto lands immediately south
V of the DeGraauw property at DeGraauw's expense to the satisfaction of the
adjacent owner.
•
•
6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the
Environment as set out on page 3 of the Ministry's letter dated April 30, 1992 to
the Ministry of Municipal Affairs... .
8. DeGraauw shall install, if required by the Ministry of the Environment, metering
devices on any water sources for irrigation sources.
9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural
Resources respecting the. protection of wetland area and the stream on the
DeGraauw property.
11. DeGraauw shall undertake to minimize disturbance or interference with wildlife
and plant species.
We note that development is underway at this site, and that you are proposing an "official
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Cornelius DeGraauw Page 2
August 11, 1995
Re: OMB Files R900027; 0920002 (continued)
opening" next month. However, our observations suggest that certain matters relating to the
above provisions have not been complied with. Consequently we request that you provide
to us, in writing, on or before August 25, 1995:
5. Evidence that off-site migration of water onto lands immediately south of your
property has been rectified at your expense to the satisfaction of the adjacent
owner.
6. Evidence that you have satisfied the concerns of the Ministry of the Environment
as set out on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of
cji Municipal Affairs.
8. Evidence that you have installed metering devices on any water sources for
irrigation sources, or alternatively, that the Ministry of the Environment does not
require such devices.
(We understand that you may have been pumping irrigation water from the stream on your property
in such quantities that the water level in the pond on the adjacent lands to the south has dropped by
over a foot. You should ensure that this matter is specifically addressed in your response.)
9. Evidence that you have satisfied the concerns of the Ministry of Natural
Resources respecting the protection of wetland area and the stream on the your
property.
(We understand that you may have diverted water from the wetland thereby lowering its water
level, that you may have converted a portion of the wetland for golf course use, and that you may
have diverted a stream thereby affecting downstream riparian rights. You should ensure that these
matters are specifically addressed in your response.)
11. Evidence that you have minimized disturbance or interference with wildlife and
plant species.
(In view of the apparent diversion of water from the wetland noted above, you should specifically
address in your response how that diversion "minimized disturbance or interference with wildlife
and plant species".)
Failure to respond satisfactorily to the above request may result in the Town and/or other
applicable agencies taking legal action against you. Kindly govern yourself accordingly.
Re: Site Plan Agreement [DeGraauw, Cornelius]
On November 22, 1993, you entered into a Site Plan Agreement with the Town (which
Agreement was subsequently registered on title to your lands). That Agreement provides in
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Cornelius DeGraauw Page 3
August 11, 1995
part that,
No development ... shall be undertaken except in conformity ... with [certain] plans and
drawings [specified in the Agreement].
Our observations suggest that you are not undertaking development in conformity with
those plans and drawings.
Consequently, you are hereby required,
(a) on or before August 25, 1995, to cease any development activity that does not
conform with those plans and drawings; and
(b) on or before September 1, 1995, to bring into conformity any portion of the lands
that has been developed in non-conformity.
Failure to respond satisfactorily to the above requirements may result in the Town and/or
other applicable agencies taking legal action against you. Kindly govern yourself
accordingly.
Yours very truly
C. M. Timothy Sheffield
Town Manager
CMTS:jh
Copy: Mayor Arthurs
Executive Director of Operations
Town Solicitor
Director of Planning
Director of Public Works (Acting)
Romani Nadarajah, Solicitor for Hoy, Beer, et al, Canadian Environmental Law
Association
Kate MacGregor, Solicitor for Regional Municipality of Durham
Ron Hawkshaw, Solicitor for Cornelius DeGraauw
Secretary, Ontario Municipal Board
Director, Watershed Management,Metropolitan Toronto and Region
Conservation Authority
Director, Central Region,Ministry of Environment and Energy
Director, Plans Administration Branch, Central and Southwest Regions, Ministry
of Municipal Affairs and Housing
District Manager,Maple District,Ministry of Natural Resources
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