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HomeMy WebLinkAboutApril 10, 2000AGENDA EXECUTIVE COMMITTEE MEETING C~..t! OF PlO~ AGENDA EXECUTIVE COMMITTEE MEETING MONDAY, APR/L 10, 2000 7:30 P.M. CHA/RMAN: Councillor Dickerson (I) MINUTES Regular Meeting of March 27, 2000 (II) MATTERS FOR CONSIDERATION PAGE o PLANNING & DEVELOPMENT REPORT #l 6/00 REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION 99-004/D PICKERING OFFICIAL PLAN AMENDMENT APPLICATION 99-003/P ZONING BY-LAW AMENDMENT APPLICATION A 1/99 M. & R. GUY PART OF LOTS A & 1, CONCESSION 9 (5240 LAKE RIDGE ROAD~ NORTH OF REGIONAL ROAD 5) 1-73 OPERATIONS & EMERGENCY SERVICES REPORT #02-00 O. J. ML~LER LANDSCAPE CONTRACTOR LTD. LEASE AGREEMENT Deferred from the March 27th Executive Meeting 74-88 LEGAL REPORT #11A/O0 STREAMLINT~ {r~JF A]"J]~a~rIM-~T'l~ A'fq't~XT t'~g' "o"or~'~/,-r,kTrn¥ A 1' t'"xlr:rrn-r~ ..... 89-98 -2- LEGAL REPORT #17/00 NUTHATCH STREET STREET NAME CHANGE PART LOT 20, CONCESSION 8, PICKERING, DESIGNATED AS PART 5 ON PLAN 40R-18149 AND PART 7 ON PLAN 40R-17520 99-102 o PROCLAMATION "COMPOSTING AWARENESS WEEK 2000" - APRIL 30 - MAY 6, 2000 "NATIONAL KIDS' DAY - JUNE 10, 2000 103-105 (III) OTHER BUSINESS ADJOURNMENT REPORT NUMBER PD 16-00 0 0 4 Subject: Regional Official Plan Amendrnent Application 99-004/D Date: April 4, 2000 Page 3 BACKGROUND: 1.0 1.1 Public Meetings Pickering's Public Meeting A Public Information Meeting was held by Picketing on June 17, 1999 for the proposed Zoning and Picketing Official Plan Amendments. Information Report No. 13-99, which summarized the applicants' proposal and outlined the issues and comments identified through circulation of the applications to that date, was prepared fi>r the Public Information Meeting. The text of the Information Report is provided for reference (see Attachment #21). At the Public Information Meeting, the owners' Planning Consultant, Mr. Bob Martindale; commented on the Information Report and listed the studies being undertaken. At the meeting a member of both "Save the Rouge" and "Save the Oak Ridges Moraine" organizations indicated opposition to the amendments, and one other individual questioned the timing of submission and public hearings of the various applications to the City and Region. The minutes of the public meeting are included as Attachment #20 to this Report. 1.2 Durham Region's Public Meeting A Public Meeting was held by Durham Region on June 8, 1999 regarding the proposed Regional Official Plan Amendment. At this meeting, the Regional Planner outlined the proposed amendment, and the owners' consulting team, including Planning and Hydrogeological Consultants, Golf Course Designer, and Solicitor responded to questions. Public representations were made from: a previous owner of the subject property who spoke about a draft plan submission made a decade earlier which was never approved; a Picketing resident who questioned the status of the northerly-abutting golf course operation as shown on the location sketch provided; and the westerly-abutting landowner who indicated that the gravel pit had not been abandoned as noted on the location sketch. The Region's staff Report and minutes from their public meeting are included as Attachments #18 and #19 to this Report. 2.0 2.1 Additional Information Agency Comments The following comments were received after the preparation of the Information Report, and are included with this Report as Attachments #12 to #17: The Ministry of the Environment (MOE) issued a temporary Permit to Take Water (PTTW) for irrigation of the golf course from groundwater sources valid from July 16, 1999 until October 31, 2000 with the understanding that the owners could apply to renew the permit once in receipt of all the required land use approvals; MOE REPORT NUMBER PD 16-00 Subject: Regional Official Plan Amendment Application 99-004/D Date: April 4, 2000 Page 4 cannot be issued until additional information is provided, including the possible location of a stream, alternative archaeological site locations on the same property, the handling of areas not impacted by golf course construction, and site plan information; The Central Lake Ontario Conservation Authority (C£OCA) provided additional comments reiterating their suggestion that decisions on the applications be deferred until the required Environmental Impact Study (EIS) has been completed to the satisfaction of the approval agencies; regarding the local and regional official plan amendments, after having reviewed the completed EIS, CLOCA feels that the applications as submitted and the site as developed do not and cannot satisfy the intent of the Provincial Policy Statement due to the site alteration; they note that the resulting impacts, and the golf course use itself, are unacceptable; however, they acknowledge that the EIS has demonstrated that an Environmental Management Plan (EMP) could prevent continuing impacts and restore much lost function; CLOCA supports the concept of the establishment of conservation easements on the property referred to in the EIS, and will pursue this with the owners in order to maintain forest management in perpetuity; CLOCA recommends that, based on the EIS, the golf course use would appear to be supportable with appropriate mitigation, subject to their approval of the resulting EMP prepared as a condition of approval; CLOCA indicates that consideration of a zoning by-law be deferred until the required EMP has been prepared which will determine more exactly the limits between areas suitable for golf course activity, and those for forest preservation and restoration, and for conservation easement limits; The Town of Whitby indicates that there is a concern with potential impacts of the golf course on surface water drainage and groundwater flows in relation to the Lynde Creek watershed, located primarily within Whitby's Town limits, and recommends that a stormwater management plan be prepared in order to determine consistency with their Water Resource Management Strategy; suggests that the ensuing development agreement require well monitoring of wells on properties located along the east side of Lake Ridge Road in Whitby; further suggests that the expected impact of herbicides should also be addressed in the EIS; and notes that a water-taking permit would be required from MOE for the ground water supply proposed; The Town of $cugog Council passed a resolution suggesting that Picketing consider requiring the owners to develop a Turf M0nagement Program addressing certain factors, and that irrigation water be drawn from captured surface water - not drilled wells; Canadian Pacific Railway (CPR) have reviewed their earlier fencing requirement and advise that the 1.83-metre-high chain link fence now need only be located at the green area of the driving range, leaving, the remainder of the mutual boundary with CPR separated by existing farm fencing, trees and brush; they indicate further, however, that should problems arise they reserve the tight to direct the owners to provide the full fencing requirements at the owners' expense; · TransCanada Pipelines has no objection to the proposal. REPORT NUMBER PD 16-00 0 0 6 Subject: Regional Official Plan Amendment Application 99-004/D Date: April 4, 2000 Page 5 version, incorporating editorial comments, dated April, 2.000 is anticipated to be received by mid-April]; Gartner Lee was retained by the Region to prepare an Environmental Impact Study (EIS), as follows: identify and evaluate the natural heritage features and functions present before site alteration for golf course development; determine the extent to which natural heritage features have been impacted by site alteration; determine whether identified impacts can be mitigated and restored; and assess whether rehabilitation will provide for the re-establishment of the natural heritage values previously present on the site (see section 3.3 of this Report for a summary of results of the EIS); Planning Analysis, prepared, by R. Martindale, March 20, 2000; This analysis argues that the golf course meets the intent of the goals, objectives and policies of the Pickering Official Plan; and will provide an overall benefit tO · the community by providing an environmentally-friendly outdoor recreational facility which is currently in demand, and compatible with its surroundings; Agricultural Assessment, pn~pared by Toombs Consulting, Jtme 7, 1999; This assessment determines that the site is exempt from the minimum separation distance formula requirement from the northern swine operation due to the number of non-farm uses located within the same distance; it also concludes the majority of the soils are less than prime, the site is not considered farmland, and there are no other impacting agricultural uses in the vicinity; Stage 1 Archaeological Assessment of the Appleby Site (BaGs-l), prepared by Archaeological Services Inc., December, 1999, and Archaeological Procedures letter, December 16, 1999; This Assessment indicates that, despite high archaeological potential being identified for the site,, any evidence of the Appleby Site camp as registered in 1972 is undetectable now given the recent site alteration; therefore, the site may be considered free of concern; Environmental Management Plan, prepared by staff of the: Heather Glen Golf and Country Club, March 20, 2000; This Plan provides a composite picture of the principles intended to be addressed through turf management, integrated pest management, natural heritage rehabilitation, forest regeneration, storm water management, sediment and erosion · control, and a monitoring program. 3.0 Discussion 3.1 Site Status The current owners purchased the subject property in July, 1996 as their primary residence. Aerial photography taken April 26, 1997 (see Pre-Alteration Vegetation aerial photograph in Attachment #4~ demnn,qtmte:~ that the .qite had been tree-covered tn an e~qtimated 40 ncr REPORT NUMBER PD 16-00 Subject: Regional Official Plan Amendment Application 99-004/D Date: April 4, 2000 Page 6 permit a semi-private golf course. They indicated their original intention and reason for site alterations was to create a golf course for the personal use of their family and friends only. 3.2 Official Plan Policy Framework Both the Durham Regional and Picketing Official Plans establish broad land use designations for their rural areas but permit consideration of golf courses, by amendment to the Plans, subject to demonstrating compliance with a number of criteria. The site is designated "Oak Ridges Moraine" within the "Major Open Space System" through the Durham Regional Official Plan. Lands within this designation are restricted to conservation, recreation, reforestation and agricultural uses, but golf courses are permitted only by site specific amendment to the Plan. In light of the unique attributes of the Oak Ridges Moraine, the Region requires that this amendment to the Regional Plan to permit a golf course be subject to the results of an environmental impact study (EIS) conducted by an appropriate consultant retained by the Region, in consultation with the City, at the expense of the applicants. In addition to the required EIS, the Regional Plan requires that other criteria, such as environmental sensitivity, conformity with the Provincial rules respecting agricultural operations and private servicing also be addressed, as are detailed further in the text of the Information Report (see page 4 of Attachment #21). Under the City's Official Plan, Council may consider uses, such as golf courses, in the Rural Area by amendment to the Plan provided Council is satisfied that, · through a Planning Analysis, the proposed use is an overall benefit to the City and is not contrary to the goals, objectives and general purpose and intent of the Plan; · through an Agricultural Report, the proposed use does not significantly adversely affect the amount or quality of Class 1 - 3 agricultural lands, complies with the agricultural minimum distance separation formulae, and cannot be accommodated on less significant agricultural lands, in a hamlet or urban area; and · through an Environmental Report, the proposed use will not adversely affect the quality, or function of natural features and resources, including groundwater, and is energy efficient and environmentally appropriate in terms of its water usage and sewage disposal. 3.3 The Environmental Impact Study (EIS) __ In order to satisfy the requirements of both the Official Plans, an Environmental Impact Study (ELS) was conducted for these applications. Gartner Lee was selected from several consultants, hired by the Region, funded by the owners, and overseen by a Steering Committee. The Steering Committee included representatives of the Region, City, CLOCA, and owners. The two-phase EIS identified and assessed the site before and after site alteration, determined there had been impacts to significant natural heritage values, determined that substantial restoration would be possible, and then set out a general plan of how to achieve the appropriate site rehabilitation. 008 REPORT NUMBER PD 16-00 Subject: Regional Official Plan Amendment Application 99-004/D Date: April 4, 2000 Page 7 stormwater and erosion also including integrated pest managernent and sediment control; natural heritage rehabilitation including replanting of trees and other indigenous vegetation; and monitoring of groundwater, vegetation regeneration, birds and amphibians. The owners were helpful in identi(dng areas for rehabilitation. About 3.6 hectares of the site are to be replanted to restore approximately 75 per cent of the original natural heritage values. Rehabilitation of this extent would restore the site to a :significant level, albeit not to the same level as pre-existing natural heritage values. Based on our review of the EIS, staff is satisfied that the forest values and natural heritage linkages will be adequately restored through the preparation ~md implementation of an Environmental Management and Monitoring Program. The requirement for the submission of this Program will be set out in the development agreement, and will be required prior to the lifting of the holding provision in the proposed zoning by-law (see Section 3.5 below). Accordingly, staff recommends that one or more conservation easement(s) be registered over the environmental protection zone areas, in favour of CLOCA for nominal consideration (i.e. $2), in order to maintain the integrity of the Environmental Management and Monitoring Program after the expiry of its term. Staff recommends that the appropriate conservation easements be prepared and registered on the land title within 6 months of registration of the development agreement. Therefore, this matter is also to be included in the development agreement, required to be executed prior to the lifting of the holding provision in the proposed by-law. The EIS recommended that a conservation easement be registered over the forested areas in order to protect the rehabilitated forest values in perpetuity. Conservation easements are also supported by CLOCA. City staff concurs with the use of conservation easements in this circumstance. 3.4 Official Plan Policy Review Staff have reviewed the relevant policies and the reports and studies submitted, and find there are no outstanding issues regarding impacts on agricultural operations, surface or ground water supply, or environmental sensitivity, and that the planning justification provided is acceptable. Recognizing that the natural heritage values will be protected through the required Environmental Management and Monitoring Program, it is recommended that Council support the amendment to the Region of Durham Official Plan. Similarly, on this basis staff also supports the requested amendment to the Picketing Official Plan provided the Environmental Management and Moniitoring Program forms part of the development agreement to be entered into between the owners and the City. The Program must be received and accepted by the City prior to the holding provision being lifted in the by-law. This will ensure substantial rehabilitation of the site's natural heritage values. 3.5 Zoning and Site Plan Issues The zoning strategy recommended by Staff includes a holding (H) symbol preceding the REPORT NUMBER PD 16-00 Subject: Regional Official Plan Amendment Application 99-004/D Date: April 4, 2000 Page 8 0 0 9 the associated official plan amendment applications, should Executive Committee support the development. The site plan application has already been received and is being processed by staff (S 4/00). A draft Environmental Management Plan has been submitted, but staffs review indicates it contains insufficient detail. 3.6 Oak Ridges Moraine Resolution At their Meeting of January 17, 2000, Picketing Council passed a resolution endorsing the motion passed by the Greater Toronto Services Board (GTSB) that no more approvals be given to proposed development or aggregate applications being processed in the Oak Ridges Moraine for six months (see Attachment # 10). On February 24% the Honourable W. Michael Fenn, Deputy Minister of Municipal Affairs and Housing, responded to Pickering's resolution (see Attachment #11). In his letter, the Deputy Minister states that policy direction is provided to municipalities through the Implementation Guidelines for the Oak Ridges Moraine and the Provincial Policy Statement. These documents are intended to assist municipalities in balancing development with environmental protection goals while making land use decisions within the Oak Ridges Moraine. Staff, the EIS Consultants, and CLOCA have taken the Guidelines and Policy Statement into consideration during the preparation of the recommendations outlined in this Report. In light of the Ministry's response, these development applications are being forwarded to Council for consideration. 3.7 Archaeological Concerns An archaeological resource assessment of the subject property has been completed. This assessment determines that no significant archaeological resources have been found. Comments from the Ministry of Citizenship, Culture and Recreation, however, indicate that additional documentation is required before the Ministry can confirm that all archaeological resource concerns have been met. Generally, no demolition, grading, filling, or any form of soil disturbances would be permitted on a subject property prior to receipt of such confirmation. Given the site alteration status of this property; the requirement has been included as a matter to be addressed in the-d'6velopment agreement. Therefore, the owners must satisfy the Region of Durham that archaeological resource matters have been satisfactorily addressed before the zoning's Holding symbol can be lifted to allow the golf course use to proceed. 3.8 Applicants' Comments The basic recommendations of this Report and contents of the draft by-law were discussed with the applicants. The applicants appear to generally concur with staff's recommendations. 010 REPORT NUMBER PD 16-00 Subject: Regional Official Plan Arnendment Application 99-004/D Date: April 4, 2000 Page 9 7. EIS: Summary of Wildlife, and Surface Water Impacts, Pre- and Post-Site Alteration (Tables 11 and 12) 8. EIS Summary of Net Impacts (Table 14) 9. EIS: Components of the Environmental Management Plan (Figure 11) 10. Council Resolution #04/00 Item #3 11. The Ministry of Municipal Affairs and Housing Comment 12. The Ministry of the Environment Comment 13. The Ministry of Citizenship, Culture and Recreation Comment 14. The Central Lake Ontario Conservation Authority Comments 15. The Town of Whitby Comment 16. The Town of Scugog Comment 17. Canadian Pacific Railway Conunent 18. Durham Region's Public Meeting Minutes 19. Durham Region's Commissioner's Report 20. Pickering's Public Meeting Minutes 21. Pickering's Information Report Prepared By: Approved / Endorsed by: ~P, RPP Senior Planner Director, PlannXi~ and Development Catherine L. Rose Manager, Policy Division VRR/CLR/ph Attachments Copy: Chief Administrative Officer City Clerk Chief Building Official I Recommended for the consideration of Picketing [City Council ~ APPENDIX I TO REPORT NUMBER PD 16-00 011 BY-LAW TO ADOPT AMENDMENT NUMBER 4 TO THE CITY OF PICKERING OFFICIAL PLAN 012 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. -00 Being a By-law to adopt Amendment Number 4 to the Official Plan for the City of Pickering. (OPA 99-003/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Picketing may by by-law adopt amendments to the Official Plan for the City of Pickering, and submit them to the Region of Durham for approval. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Amendment Number 4 to the City of Picketing Official Plan, attached to this By-law as Exhibit 'T', including the Explanatory Text, is hereby adopted. Amendment Number 4 to the Picketing Official Plan shall not come into effect until the related Regional Official Plan Amendment Number 65 (OPA 99-004/D) is approved and has come into effect. The Clerk of the City of Picketing is hereby authorized and directed to submit Amendment Number 4 to the Picketing Official Plan to the Region of Durham for approval. 4. This By-law shall come into force and take effect on the day of final passing. BY-LAW read a first, second and third time and finally passed this day of 2000. Wayne Arthurs, Mayor Bruce J. Taylor, Clerk Exhibit "I" to By-law -00 0.13 AMENDMENT NUMBER 4 TO THE CITY OF PICKERING OFFICIAL PLAN 01.4 AMENDMENT NUMBER 4 TO THE PICKERING OFFICIAL PLAN PURPOSE: The purpose of this amendment is to redesignate the subject lands from "Agricultural Areas" and "Open Space System - Natural Areas" to "Open Space System - Active Recreational Areas" in order to permit the establishment of a 9-hole golf course, including a clubhouse, maintenance building, and other ancillary buildings. LOCATION: The subject lands are approximately 3(I hectares in area, of which approximately 18 hectares are intendeq to be used for active golf course; purposes. Within the remaining 12 hectares, environmental protection and conservation activities will provide for the preservation of existing forested areas and the planting and restoration of associated rehabilitation areas. The subject lands are locatecl in Part of Lots A & 1, Concession 9, in the City of' Picketing. The lands have approximately 196 metres of frontage on Lake Ridge Road (Durham Road 23). BASIS: The amendment has been determined to be appropriate for the following reasons: · it will provide the opportunity for development of a golf course that has been determined to be an overall benefit for the community; · through implementation of the 'required Environmental Management and Monitoring Program, approval of this golf course~ use will ensure the restoration, over time, of an acceptable level of natural heritage significance, replacing ecological and forest values which have been impacted during recent site alteration activities; accordingly, the amendment is not contrary to the ecological goals, resource management goal, rural goals, objectives, purpose and intent of the Picketing Official Plan, and further, it is consis, tent with the principles of the Oak Ridges Moraine Implementation Guidelines. ACTUAL AMENDMENT: The City of Pickering Official Plan is hereby amended by: 1. Revising Schedule I - Land Use Structure, as set out on Exhibit "A" attached. IMPLEMENTATION: The provisions set forth in the City of Picketing Official Plan, as amended, regarding the implementation of the Plan, shall apply with regard to this Amendment. EXHIBIT 'A' TO AMENDMENT No. 4 TO THE PICKERING OFFICIAL PLAN REDESIGNATE FROM 'AGRICULTURAL AREAS" AND · OPEN SPACE SYSTEM - NATURAL AREAS" TO "OPEN SPACE SYSTEM - ACTIVE RECREATIONAL AREAS" SCIt~DULE ! TO Ti~ PICKERING OFFICIAL PLAN i~mON 2 LAND USE STRUCTURE OPEN SPACE SYSTEM NATURAL AREAS ACTIVE RECREATIONAL AREAS FREEWAYS AND MAJOR UTILITIES  ACCESS AREAS CONTROLLED 016 APPENDIX II TO REPORT NUMBER PD 16-00 DRAFT IMPLEMENTING ZONING BY-LA W TO AMEND ZONING BY-LAW 3037 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER OJ7 Being a By-law to amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Picketing District Planning Area, Region of Durham, in Part of Lots A & 1, Concession 9, in the City of Picketing. (A 1/99; OPA 99-003/P; OPA 99-004/D) WHEREAS the Council of the Corporation of the City of Picketing passed By-law 3037, as amended, to zone the subject lands, being Part of Lots A & 1, Concession 9, in the City of Picketing, for agricultural lands; AND WHEREAS the Council of the Corporation of the City of Picketing now deems it desirable to amend By-law 3037, as amended, to permit the establishment of a golf course while rehabilitating and protecting certain environmental areas on the subject lands; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots A & 1, Concession 9, in the City of Picketing, designated "A/GC" and "EP" on Schedule I attached to this By-law. 3~ GENERAL PROVISIONS No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) "Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the purpose of playing golf, and includes any associated recreational facility, such as a club house, snack bar, dining room, lounge, swimming pool and racquet sport court, operated in conjunction therewith. 018 2 (2) (b) a golf course; Zone Requirements ("A/GC" Zone) No person shall, within the lands zoned By-law, use any lot or erect, alter or accordance with the following provisions: (a) "A/GC" on Schedule I attached to this use any building or structure except in for those uses permitted by section 5.(1)(a) above, the provisions of section 6.2 of By-law 3037; and (b) for golf courses, the provisions of section 6.2.4 of By-law 3037. PROVISIONS ("EP" Zone) (1) Uses Permitted ("EP" Zone) No person shall, within the lands zoned "EP" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (a) conservation of the natural environment, soil, and wildlife; and (b) resource management; (2) Zone Requirements ("EP" Zone) No buildings or structures shall be permitted to be erected nor any existing buildings or structures be modified or changed, nor shall the placing or removal of fill be permitted, except where buildings or structures are used for purposes of flood and erosion control, or resource management; (3) Special Regulation ("EP':' Zone) Despite subsection (1) above, cart and pedestrian paths associated with a golf course use shall be permitted within the lands shown in a dashed line on Schedule I attached to this By-law. PROVISIONS ("(H)" Zone) (1) Uses Permitted ("(H)" Zone) Despite the Provisions of' Section 5. of this By-law, while ~the (H) Holding Symbol is in place preceding the "A/GC" Zone, no person shall,, within the lands zoned "(H)A/GC" on Schedule I attached to this By-law, use any lot for any purpose other than those permitted.in the "EP" Zone as set out in Section 6. of this By-law; (2) Removal of the "(I-B" Hol.dine Sm}mi 3 Impact Study prepared by Gartner Lee Limited, to the satisfaction of the Director, Planning and Development, which shall contain, as a minimum, the following: 0]9 (i) a stormwater management plan addressing pre- and post-development flows, turf management/integrated pest management, and sedimentation and erosion controls; (ii) a natural heritage rehabilitation plan, addressing restoration of forest function, landscape connectivity, and wetland areas; and (iii) a monitoring program addressing ground water, surface water (stormwater and erosion), and natural heritage (wildlife, vegetation, and invasive species control); B carry out the recommendations of the Environmental Management and Monitoring Program; C post performance bonds for remedial works, independent analysis, and peer review of the Environmental Management and Monitoring Program; D permit right-of-access to the City or its designate to undertake the works, if necessary; E distribute the results of the Environmental Management and Monitoring Program to the City, and other interested parties; F undertake any remedial measures or additional monitoring required by the City following analysis of the results of the Environmental Management and Monitoring Program; G convey, free and clear of all encumbrances, the required sight triangle located at the entrance to Lake Ridge Road; H register on the land title within 6 months of the registration of the development agreement, one or more conservation easements in favour of the Central Lake Ontario Conservation Authority (CLOCA) for all or part of the lands zoned Environmental Protection, to the satisfaction of the Director, Planning and Dev__elopment, in consultation with CLOCA, and to prepare and also have registered on title, any reference plan necessary in order to effect the registration of this conservation easement(s); and satisfy the Director, Planning and Development through the provision of a letter fi:om the Region of Durham that archaeological resource matters have been satisfactorily addressed; and (b) Enter into a site plan agreement with the City and have it registered on the land title. 020 4 9. EFFECTIVE DATE This By-law shall take effect from the day of passing, subject ~to the approval and coming into effect of Amendments 65 and 4 to the Durham Regional Official Plan and Picketing Official Plan respectively (resulting from the approval of Regional Official Plan Amendment Application 99-004/D and Picketing Official Plan Amendment Application 99-003/P respectively), or subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this day of ,2000. Wayne Arthurs, Mayor Brace Taylor, Clerk DRAFT SCHEDULE - DIMENSIONS TO BE ADDED 401 .gm (H)GC-1 (H)GC-1 H)GC-1 195.4m (H)GC-1 105.2m 0 hi bJ 021 SCHEDULE '[' TO BY-LAW PASSED THIS DAY OF 2000 022 ATTACHMENT ~' ~ _TO REPORT # PD *,~ ~ C.P.R, REPORT I ;~ :3°0 -,l ' ... · '" I Iii I= I§~,ol I · 8 I ~.1[ I U I c3 ..... -' /~ I ,, I~-.~ I.~1 MAIIV 1 I SCORECARD JJ HOLE PAR BLUE RED Ii 5 50Z /.,81 · JJ ~ 5 17Z 159 024 ATTACHMENT # ~ TO REPORT#PD /~-~ HOLE 0.52 HA CORE FOREST (2.2/-+HA) 'UOLE ',0.~7 HOLE AMPHIBIAN POND LEGEND ~ EXISTING PONDS EXISTING FORESTED AREAS ~,/~/ / PROPOSED AREAS OF ~' REFORESTATION (?.86HA) REHABILITATION AREAS ~~ Low GROWING CONNECTIVITY PLANTINGS (0.61HA) REHABILITATION AREAS 5~0 J EXISTING GOLF FEATURES REPORT Cf PD /'~ - ~ -- '~ 0 unit Number (CUWl) ELC Code White Cedar Organic (SWM5) Mixed Swamp Fresh-Moist Hemlock (FOM6) Mixed Forest (SVVT2) Mineral Thicket Swamp Fresh-Moist Sugar Maple (FOD6) Deciduous Forest (FoD2) Dry-Fresh Oak/Maplel Hickory Deciduous Forest Mineral Meadow Marsh (MAM2) Ecosite Mineral Cultural Woodland (CUWl) (hedgerow) (CUP3) Plantation (CUM1) Mineral Cultural Old Field (pond) Farm Pond ATTACHMENT #_ ~'"'~TO REPORT ~ PO_ /~-~--~ ha cut=O%) AI'TA~HNIEN'T #- 027 Final Draft -Heather Glenn Golf Course Environmental Impact Study 6.1 Vegetation Table 10 provides a summary of the impacts that were likely created during site alteration, some of which are continuing. Table 10. Attribute Forest Functions Rare Plants Exotic and Aggressive Native Invasive Erosion Landscape Connectivity Wetlands Summary of Vegetation Impacts, Pre- and Post Site Alteration Pre-Alteration ~ 5ha · old growth character · provided moist refugia for wildlife · interior support for trees potential for two species of limited to perimeter of forest unit by interior conditions · very limited, · tree mots provide geotechnical support to steep slopes hedgerows and forest provide connection three wetland areas: northwest, northeast and .soutl~ast Post Alteration 3.1 ha reduced to "see-through" forest exposure to desiccation and sunscald ', to wind effects no potential · liberal access provided by cutting · very severe in areas where trees have been removed. · codnections increasingly limited · northwest wetland; small area of loss, some trees removed · northeast wetland converted to golf course pond · southeast wetland some loss .of wetland area, loss of portion of adjacent upland forest Net Effect '~ 39% loss in area · loss of interior characteristics · unlikely to provide moist refugia · trees subject to wind throw · loss · net loss of microhabit~ loss of native woodland species destabilizafion of portions of the slope which is ongoing and will likely result in loss of more trees through engineering works to lost opportunities for plant dispersal (seed movement and vegetative reproduction) and habitat functions on the Oak Ri~ northwest: functions impaired northeast: loss of wetland area some loss of function. increased disturbance to wetland, less supporting habitat ATTACHMENT ~ . ?._..~_._ TO REPORT # PD~ Final Draft Table 11. tnction Breeding Birds Habi ~t Birds r Habi~ Breeding Habitat -Heather Glenn Golf Course Environmental Impact Study Summer Habitat- Reptiles Landscape Connectivity' Summary of Wildlife Habitat Impacts, Pre- and Post Site Alteration ion on Net · 55 species 41 species · loss of most of forest · 21 area sensitive · 8 area sensitive · 15 forest associated area · 4 forest associated area breeding bird community sensitive · loss of regionally rare species sensitive loss of one provincially · 2 interior forest no interior forest vulnerable species · 5 regionally rare including · 2 new species · reduction in pairs for all ...... communities . · moderate use .moderate use, marginal 'ji'iii~'~ec~t .................. · southeast swamp . I in area · little effect farm pond · southeast swamp impinged principal breeding areas lost · central pond northeast wetland/pond " prop?sed golf course ponds · northeast pond damaged rcqmre management for · southeast swamp · proposed golf course ponds amphibians 8 species, one Regionally · 5 species rare one Regionally ,, loss of rare and uncommon uncommon, species swamp little changed, no buffer · woodland habitat for 6 · Joss of woodland habitat * . population and species likeb species · loss of old field habitat reduced old field habitat for one · population likely reduced · 2 species I species * loss of Eastern Painted Turtle corridor and connector · reduced to connector · reduction m connectivity through site for east to west connections between functions watersheds 6.3 Surface Water Table 12 provides a summary of the impacts of site alteration to surface water drainage and erosion potential. Table 12. _ Function Drainage Paths Summary of Surface Water Impacts Pre- and Post Site Alteration Pre-Alteration ~ary drainage pathw,a~' flo~'ing from north to south · pathways drain runoff without obstruction Post Alteration ~ largest of the three pathways remains distinct · two smaller westerly flow paths have been virtually eliminated by holes 1.2. 3, 8 and the practice range; all flow now drains through most easterly culvert be. neath tracks holes 4 and 7 have severed 7'~al drainage paths have been altered by golf course.construction resulting in erosion susceptible areas · significant erosion has occurred where the largest drainage path has been severed in the north part of the site ATTACHMENT ~ ,~ REPORT # PD -7'~-'"(~2) 029 Final Draft -Heather Glenn Golf Course Environmental Impact Study Table 14. Summary of Net Impact~ Issue Mitigation Potential Mitigation Measures Likely Net Impacts Groundwater: · it has been demonstrated · adherence to the Permit to Take · negligible · recharge, discharge and that no significant change Water and the criteria for the potential to create an to groundwater recharge proposed sewage system impact or dischar[[e is expected Hydrology · high: could be · preparation and implementation of a · negligible · severed drainage extensively mitigated stormwater component to a pathways Management Plan that provides properly designed conveyance elements (ditches, swales, culverts, etc.) to carry runoff across proposed .................................................. ' ..... ~.91.f c_ .o.u.~e_f..e..a_t_uFs_z. ....................................................... Hydrology · high: could be · preparation and implementation of a · negligible . · erosion on steep slopes extensively mitigated · stormwater component of a Management Plan that provid.es properly designed conveyance · elements that can withstand erosion, and planting of stabilizing vegetation on erodlng..slp..l~...s Hydrology · high: could be · preparation and implementation of a · negligible · erosion where no extensively mitigated stormwater component of a conveyance mechanisms Management Plan that provides properly designed conveyance elements (ditches, swales, culverts, etc.) to carry runoff across proposed ~olf course features Hydrology · high: minor issuesince · none · negligible · drainage pattern altered only a small amount of in south · mnoffhas been diverted. ' · interior to proposed layout core forest and forest rehabilitation term prospect, will not · 5 ha older growth core with native species, total of-3 ha 'recover all lost forest reforestation functions, some · wildlife and flora · reforestation alongside western edge , wildlife (e.g., seven attributes of Hy-Hope forest block potential forest · identified as significant · edge management, plans for invasive associated breeding by OMNR . species, removal of non-native bird species) will not planted trees and shrubs, restoration return, others will of woodland community retum with lower · long-term management to restore old breeding success or In ...... g_ r_o .w..th_c.. ,h...ar~..ac..[e_ .ri..s t_i.?.. ............... lower numbers Landscape Connectivity · moderate: opportunities · reinfomement of cast-west · some loss of · reduction in width exist to improve width of connectivity through thc site, connectivity; · reduction in "stepping connectivity and improved connectivity to Hy-Hope mitigative measles stone" functions stepping- stone functions · replace non-native vegetation with will maintain the native species, reduce impact of cart relative importance of trail this connection in the · . ............................................................ ! ................ Wetlands. · high: protection of · enhancement of two selected golf · may re-establish · 'loss of area existing wgtlands and course ponds, regionally rare · loss of function creation of/~ wetland area · restore habitat values in northwest salamander species 0.30 ATTACHMENT # ¢ _TO REPORT# PD ,/( Final Draft -Heather G.len~n Golf Course Environmental Impact Study Figure 11. Components of the Environmental Management Plan IEnvironmental Management Plan ~ Stormwater Management and Erosion · Integrated Pest Management · Stormwater Management · Sediment and Erosion Control Natural Heritage Rehabilitation · Forest Regeneration · Linkages Monitoring · Groundwater · Vegetation · Invasive Species Control · Birds · Amphibians 8.3.! Stormwater Management and Erosion Control Stormwater management and erosion control will be one of the three major components of the Management Plan. Included within this part of the Plan will be sections dealing with: stormwater management; sediment and erosion control, and; Integrated Pest Management Plan. A result of the construction of the proposed golf course was the severing of existing drainage pathways that carried runoff through the site to the outlets at the southern property boundary. ~ The small drainage paths that carried flow from catchments A and B off-site have been ¥irtually eliminated by the con.~tnmtion nf =nlf cnnr.qe featnren Aithnuoh much nf the drainaue nath that convev.~ runoff from ATTACHMENT#_ ~ TO REPORT # PO ./~ - ~ 031 INTER-DEPARTMENTAL MEMORANDUM CLERK'S DEPARTMENT DATE: January 20, 2000 TO: · Neil Carroll, Director, Planning & Development FROM: Bruce Taylor, City Clerk Please,be advised that the Council of the City of Picketing passed Resolution #04/00 Item #3 at the Special Council Meeting of January 17t~, 2000, as follows: That the correspondence dated December 16, 1999 from the Greater Toronto Services Board regarding the Oak Ridges Moraine be received; and That the Council of the City of Pickering hereby endorses the motion passed by the GTSB on December 3, 1999 to urge the Province of Ontario'to ensure that no more approvals be given to proposed development or aggregate applications going through the process for six months in the Oak Ridges Moraine; and That a copy of this resolution be forwarded to: 1. The Honourable Tony Clement, Ministry of Municipal Affairs & Housing 2. The Honourable Janet Ecker, M.P.P., Ajax/Pickering/Uxbridge 3. Greater Toronto Services Board This resolution is sent to you for your information. Bruce Taylor, City Clerk cc. T.J. Quinn, ChiefAdmini~rative Officer 032 ATTACHMENT f f/ _ TO REPORT # PD Mlnist.i'y of ' ... · Muhl.cipal .Affai.r$ -" · and Housi.ng' . . .. Office Of the Deputy MIn!Ste'r · ..'777 .Bay' Street. .. .'Toronto ON'. M5G 2.E5 ~(416) 585-7100 777 rue Bay · Toronto OIq M5o 2E5 .(416) 585-1100 et du.' Log~me. nt : Bureau du Sous-ministrg'. · . ',iT.Y OF PICK . · Feb'mary 24i 2000' "' Mr.:B. ruce Taylor' "·'"' .... .. T6~ Clerk ,' · City of'Picketing' ":.. ' P.icke',ring,'.C.'i~i~ complex ... · .... · one. The Esplanade , ..,. Pickeritig'ON LtV 6K7'- Sub. j.."e~.t: Council. R~solution re~artiing, the Oak md~es' "Dear'Mr.'Taylor:· .. ' ' ': ' ": Moraine FEB 21.8'2000' " CiTY oF PiCKERINGf · PiC~(ER~Na,'O~O '. RECEIVED': .FEB 2.~ ~ ,- ' c,~vo~ P~m~ p~NN~G A~ ~EVELOPMENT DE~R~ ! am: .~i~ing h:r.e=sp~;'nse:~o'yo~ le:~ter '.of !an. u~7 20, 2..000; addressea to the Hon.'o~aSte · ' Tony Clement, Min. ist. er 'of MuniciPal :A/fairs .and. H6gs.ing: informing him of.~e' ,.. .resolutiOn'adopted By'the Co/thcil of il/& C!.ty' b. fpickering dn January.17,'2000, ' - r. egar .ding .the O.a!~ Ridges Mgraim;~' ' " . ,'.- .. The-b&remment ~ec0gh'izes the.im/~6rtanc~ of the O~ Ridg;s'Mo"raine..This is · deii/0nstr, ated in'its reliance on the..Impiementation ,Guideiines..for ~,.the.O~,Ridges" Moraine, which s~t direction'for municipal pi.aiming document~ and devel0pmerit- .'." ';/)rop6sals-ih the area. · .," Together With the Pr,0.vinciaI:Po!icy Statement, as. revised:in February !9~97,.th.e' .;'. implementation guid.elin~s provide: a framework fro: municipalitieS'to balance development arid envirb.nm.'ental protection.' · . :... Thank ydu for bringing Council's resolution on this important matter to the Go-~emment's .attention. · .. Yours truly, Ontario ATTACHMENT If /,,2.~ REPORT # PD / (~ -~-~ TO 033 Ministry of the Ministbre de Environment I'Environnement Central Region July 16, 1999 Mr. Robert Guy Lakeridge Precision Inc. 884 Dillingham Road Picketing, Ontario LlW 1Z6 R~gion du Centre 5775 Yonge Street 8th Floor Toronto, Ontario M2M 4J1 5775, rue Yonge 8ibme 6tage Toronto (Ontado) M2M 4J1 I 'JUl TOWN 0 PERMIT TO TAKE WATER FOR: IRRIGATION HEATHER GLEN GOLF COURSE LOT 1, CONCESSION 9 TOWN OF PICKERING, REGIONAL MUNICIPALITY OF DURttAM PERMIT TO TAKE WATER NO. 99-P-3014 FILE: SI-DU-PI-220 Please find attached Permit No. 99-P-3014 issued to Lakeridge Precision Inc. which authorizes the withdrawal of water in accordance with the application for this Permit to Take Water, and Schedule "A", Schedule "B" and Schedule "C" which are attached to and form part of this Permit. This Permit is valid until October 31, 2000 and shall be kept available for inspection by the Ontario Ministry of the Environment staff. Upon receiving your required land use approvals, you may make application to renew this permit for an extended period of time. In support of that application, the Ministry will require you to submit a report detailing the monitoring data collected to that date along with appropriate interpretations, conClusions and recommendations for further takings. This report, to be prepared by a qualified consultant, will be required as technical support for a renewal application. Take notice that in issuing this Permit to Take Water, terms and conditions pertaining to the taking of water and to the results of the taking have been imposed on Lakeridge Precision Inc. The terms and conditions have been designed to allow for the development of water resources for beneficial purposes, while providing reasonable protection to existing water uses and users. Our main concern is that thc taking of water under the authority of this Permit does not cause negative impacts to other water supplies which were in use prior to the date of this Permit or to the natural environment. If the taking of water should result in any negative impacts, the Permit Holder will be required to restore the water supplies of those affected in a manner acceptable to the Ontario Ministry of the Environment or to reduce the rate and amount of taking until any negative impacts are eliminated. Any change of address or ownership of the property for which this Permit is issued must be reported promptly to the Director. The issuance of this Permit to Take Water does not relieve you from compliance with other legislative requirements of this or any other agencies. It is the responsibility of Lakeridge Precision Inc. to ensure that any person taking water under the authority of this Permit is familiar with and complies with the terms and conditions. ATTACHMENT #.. //,,2~ TO REPORT # PD_ PERMIT TO TAKE WATER 99-P-3014 Page 1 of 7 Notice of Terms and Conditions Section 100, Ontario Water Resources Act, R.S.O. 1990 Pursuant to Section 34 of the Ontario Water Resources Act, R.S.O. 1990 permission is hereby granted to: Lakeridge Precision Inc. 884 Diilingham Road Pickering, Ontario, L1W 1Z6 for the taking of water for irrigation purposes in accordance with the application for this Permit to Take Water, and Schedule "A", Schedule "B"and Schedule "C", which are attached to and form part of this Permit. Located at: Lot 1, Concession 9 Town of Pickering . Regional Municipality of Durham DEFINITIONS 1. (a) "Director" means a Director, Section 34, Ontario Water Resources Act, R.S.O. 1990. (b) "District Office" means York-Durham District Office, Central Region, Ontario Ministry of the Environment. (c) "District Manager" means District Manager, York-Durham District Office, Central Region, Ontario Ministry of the Environment. (d) "Ministry" means Ontario Ministry of the Environment. (e) "Permit" means this entire Permit to Take Water including its schedules, if any, issued in 'accordance with Section 34 of the Ontario Water Resources Act, R.S.O. 1990. (f) "Permit Holder" means Lakeridge Precision Inc. ATTACHMENT # .... /~ TO REPORT# PD.,, /([~o~? 035 PERMIT TO TAKE WATER 99-P-3014 Page 2 of 7 o GENERAL CONDITIONS 2. This Permit shall be kept available for inspection by Ministry staff. The Director may, from time to time, where a situation of interference or anticipated interference with water supply exists, or in a situation requiring information on water takings for purposes of water resource inventory and planning, give written notice to the Permit Holder to undertake any of the following actions. The Permit Holder shall comply with any such notice: (a) To establish and maintain a system for the measurement of the quantities of water taken; (b) To operate such a system and to record measurements of the quantfies of water taken on forms provided by the District Manager or the Director, with such a frequency or for such periods of time as the District Manager or the Director may specify; (c) To return to the District Manager or the Director records made pursuant tO clause 3(b) at such times or with such frequency as the District Manager or the Director may spedify; and (d) To keep records made pursuant to clause 3(b) available for inspection by Ministry staff until such time as they are returned to the District Manager or the Director pursuant to clause 3(c). The Permit Holder shall immediately notify the District Manager of any complaint arising from the taking of water authorized under this Permit and shall report any action which has been taken or is proposed with regard to such complaint. For Groundwater Takings, if the taking of water is forecast to cause any negative impact, or is observed to cause any negative impact to other water supplies obtained from any adequate sources that were in use prior to the initial issuance of a permit for this water taking, the Permit Holder shall take necessary actions to make available to those affected a supply of water equivalent in quantity and quality to their normal takings, or shall compensate such persons for their reasonable costs of so doing, or shall reduce the rate and amount of taking to prevent the forecasted negative impact or alleviate the observed negative impact. Pending permanent restoration of the affected supplies, the Permit Holder shall provide, to those affected, temporary water supplies adequate to meet their normal requirements, or shall compensate such persons for their reasonabl6 cost of so doing. The Permit Holder shall report, to the Director, any changes of address or telephone number, or change of ownership of the property for which this Permit is issued within thirty days of any such change. The Permit Holder shall not assign his rights under this Permit to another person without 036 ATTACHMENT ~_ / ~ TO REPORT # PERMIT TO TAKE WATER 99-P-3014 Page 3 of 7 No water may be taken under authority of this Permit after the expiry date of this Permit, unless the Permit is renewed, or after the expiry date shown on any subsequent renewal of this Permit, unless is likewise renewed. This Permit does not release the Permit Holder from any legal liability or obligation and remains in force subject to all limitations, requirements and liabilities imposed by law. This Permit shall not be construed as precluding or limiting any legal claims or rights of action that any person, including the Crown in right of Ontario or any agency thereof, has or may have against the Permit Holder, its officer, employees, agents, and contractors. The Permit Holder must forthwith, upon presentation of credentials, allow Ministry personnel, or a Ministry authorized representatiive(s) to carry out any and all inspections authorized by Section 15, 16 or 17 of the Ontario Wate. r Resources Act, R.S.O. 1990, Section 156, 157 or 158 of the Environmental Protection Act, R.S.O. 1990 or Section 19 or 20 of the Pesticides Act, R.S.O. 1990. SPECIAL CONDITIONS 10. This Permit expires on October 31., 2000. 11. The Permit Holder shall conduct the monitoring program described in Schedule "B"of this Permit. 12. Records of water level and water volume data collected, shall be maintained by the permit holder and made available to Ministry personnel upon request. 13. If at any time, the monitoring program identifies an adverse impact, the Director must be notified immediately_ PERMIT TO TAKE WA TER 99-P-3014 Page 4 of 7 Schedule "A" This Schedule "A" forms part of Permit t.o Take Water 99-P-3014 dated July 16, 1999. Table 1 Source Source Name or Description Maximum Amount of Water Taken ]per Minute (Imnerial ~allnn.q~ Well TW- 1 83.5 PERMIT TO TAKE WA TER 99-P-$014 Page 5 of 7 Schedule "B" This Schedule "B" forms part of Permit to Take Water 99-P-3014 dated July 16, 1999. Monitoring Program The following wells should be part of the monitoring plan. Well locations are included in the letter dated July 6, 1999 from B. Golas of Hydro-Geo Limited to R. Stewart of MOE. · test well TW-1 · on-site wells W-1 and W-2 · on-site observation wells B 1-, B-2 and B-3 The water levels in all the wells listed in Section 1. of this scheduled shall be measured and recorded as follows: · weekly for the first 2 months upon commencement of taking; · bi-weekly thereafter for the remainder of the permit life; Prior to the opening of the golf course, water quality sampling of all the wells listed in section 1. of this schedule should be performed to establish baseline conditions. The water volumes taken from Test Well TW-1, and the duration of the water takings shall be recorded daily. The above monitoring program shall be expanded to include neighboring wells as indicated in the letter dated July 6, 1999 from B. Golas of Hydro-Geo Limited to R. Stewart of MOE, provided access to those well can be obtained.. It is the responsibility of the Permit Holder to arrange for the access to those wells. Although the MOE encourages the neighboring homeowners to participate in this monitoring program, this Permit does not obligate neighboring homeowners to participate or to make their wells accessible to the Permit Holder. PERMIT TO TAKE WATER 99-P-3014 Page 6 of 7 Schedule "C" This Schedule "C" forms part of Permit to Take Water 99-P-3014 dated July 16, 1999. 1. Application for Permit to Take Water dated April 5, 1999, signed by Robert Guy, Lakeridge Precision Inc. 038 ATTACHMENT ~ //O,,., TO REPORT # PERMIT TO TAKE WATER 99-P-3014 Page 7 of 7 You may, by written notice served upon me and the Environmental Appeal Board within 15 days after receipt of this Notice, require a hearing by the Board. Section I01 of the Ontario Water Resources Act, R.S.O. 1990, as amended, provides that the Notice requiring the hearing shall state: 4. 5. 6. 7. 8. The portions of the approval of each term or condition in the approval in respect of which' the hearing is required, and; The grounds on which you intend to rely at the hearing in relation to each portion appealed. In addition to these legal requirements, the Notice should also include: The name of the appellant; The address of the appellant; The Permit to Take Water number; The date of the Permit to Take Water; The name of the Director; The municipality within which the works are located; The Notice should be signed and dated by the appellant. This Notice must be served upon: and and The .Secretary Environmental Appeal Board 112 St. Clair Avenue West, Suite 502 Toronto, Ontario M4V 1N3 The Director, Section 34 Ontario. Water Resources Act, R.S.O. 1990 Ministry of the Environment 5775 Yonge Street, 8th Floor NortJh York, Ontario M2M 4J 1 The ]Environmental Commissioner 1075 Bay Street, Suite 605, 6th Floor Toronto, Ontario M5G 2W5 DATED AT TORONTO this /~4~ day of ,1999. HYDROGEOLOGISTS & ENVIRONMENTAL ENGINEERS July 6, 1999 HGL File 037A-99 Mrs. Rosa Stewart Ministry of the Environment 5775 Yonge Street 8th Floor North York, Ontario M2M 4J 1 Re: Monitoring Program Heather Glenn Golf Course Part of Lot 1, Concession 9 Town of Pickering Durham Region Dear Mrs. Stewart: As per our telephone conversation of yesterday (July 5, 1999), enclosed is a monitoring program for the proposed Heather Glenn Golf Course. It is recommended that the monitoring program will continue during the first operating year on the following wells: * test well (TW-1), · on-site wells (W-1 and W-2), · on-site observation wells (B-I, B-2 and B-3) · off-site neighboufing wells (W-5, W-8, W-9 and W-10) The locations of the wells to be monitored are shown on the Well Location Map, Figure 1, and Site Map, Figure 2, attached to this letter. The wells should be monitored during the first operating year with regard to water levels on a weekly basis for the first 2 months and bi-weekly thereafter. 040 ATTACHMEklT ¢~ /o2,., . TO REPORT # PD /¥ ~ 0-~ _ Monitoring Program Heather Glenn Golf Course Part of Lot 1, Concession 9 HGL File No. 0374-99 July 6, 1999 Prior to the opening of Heather Glenn Golf Course, water quality sampling of the following wells should be performed to establish baseline conditions in case of any possible water quality impact complaints in the future: · on-site wells (W-1 and W-2), · on-site observation wells (B-l, B-2 and B-3) · off-site neighbouring wells (W-5, W-8, W-9 and W-10) A summary annual report, including the monitoring program data, should be submitted to the Ministry of Environmem and the Durham Health Department. We trust that the information provided in this letter sufficiently addresses your present requirements. We will be pleased to answer any questions you might have regarding this project. Yours truly, HYDRO-GEO LIMITED Beata M. Golas, M. Sc. Hydrogeologist, Principal ATTACHMENT ~ /,~'~ TO REPORT # PD_ /~ -0-'~ O, 4 1~. BH-7 BH-~ BH-S BH-IO ~)?00 m N BH-$ BH-2 BH-1 BH-9 TP-I,J~ TP-S~ RA. CKS T-8 T-6 T-1 TP-3 ~.§1.90 m T-S' TP-6 TP-7 T-7 · T-lO T-3 LEGEND: TEST WELL FOR THIS INVESTIGATION BORING FOR THIS INVESTIGATION TEST PIT FOR THIS INVESTIGATION DRILLED WELL BORING BY OTHERS TEST PIT BY OTHERS 3fA. S,! ,mJ~, TP-1 TW- mO ! I I E ATTACNMENT d', /,,'.2.b. ~ Cutt~ro and Rm;r~ Tomm~ ON MTA ~q9 ,-,iniG~tre d~ Albims ,c~,lquee, 043 Ontario ami Librari=s Branch Op~ns Unit Tck(41~)}14--?l$2 Fax;(416)31~7175 03 Apffi 2000 M~in Cooper Archaeololiir~l 8m'vic~ Inc. 528 Bathurst St~t Tomnl~, Ontntio MSS 2P9 Th~ I-Ietitag~ Ope~aions Unit of'the MJ~su7 of Citizenship, Culture ~ t~on 0VlCzCR) revleweg th~ archs~lo~ ass~ssmeat repm't noted above. Th~ MCzCR ~nnot pmvlde lke. uc~ or · ~ P,e~tnm~dsIiDm of lhe report ~ onl~ tl~ si~ location of Bs0s..l ss ~ iu Ftgur~ 2. A~ this location does not neesssatily correspcmd t.-, the exact lo~ion aftM_~ site., or odin' potandal sim ~ltat may lm locamt on the mbjeot pmtm~, srch~gical poum~ for ~ 044 0~/$1/00 FRI l~:O? FAX ATTACHMENT ~ / ~7z TO REPORT # PD ..... //~ ~ Central Lake Ontario Conservation March 31, 2000 City of Picketing P~s~nlng Dcpartmcm One ~e Espl~ Picketing, Ozr~rio LI¥ 5K7 Attention: Ms._~alerie Rod: Dear Madam: SubSet: 103 Whiting Avenue Oshawa, Ontario L1H 3T3 Tel: (9a5} 579-0411 Fax:. {905] 579-0994 Pfeke.~ug C~i~ I Plan Amenament Application Zoning By-I~ ~mendment Apidicati~n A 1/99 /vi. & R. Guy Part Lots A & 1,J Conce~. sion 9 City of Pickering Anthority ]~e N_~.: OPA 99-004 = CLOCA JMS. F.i_le: POFG4fi act the .undersigned. Yours trt~y, lrMrp~ of Application: Jl ' To permit the development of a trfiole gbOr co~rce. Please f/nd attached a copy of a ]~trer to:thc Rcg{on of Dllrham ~egardillg ii Regional Official Plan Amendment for t~: subjccL site. We ask thnt our comments bc applied'to the local ame~..__meat application as well. As for thc rczo,~, ;li ' _ . g app cation, ~ve. not~ that owing to eavironmetmal significance, portion~ of thc site ahould :not be zoned, t~ allow a golf course. These areas generally include .~atea. As we ,an~.'c~at¢ that the ~×act lh~its of these areas ~ be more closely deHned ' mro_.ugh the EIlvlronmental Man~t~ geuicn~: lalan, Silould the Official Plan AIIwllc~tle.~ applications be approved, con~exafi,on ? the zoaing'~hould be delta-red until that time.. Wc tn~ thcsc commcnts arc sfac'to for yo~ requirements. If you .have any questions regarding this ms~er, please eot CENTRAL LAKE ONTARIO CA Lake O tario Conservation March 31, 2000 . The Regional Municipality of Du'rh~ Planning Department Box 623, 1615 Dtmdas 4th Floor Lang Towe~Vest B~lding,i I ' De~ Sir:. Purpose of Application',, To permit the development of a · ' Authority staff has reviewed Impact Study (ELS), and offers 1 O0 Whiling Avenue Oshawo, Ontorio L1H 3T3 T~a: [905) §79-0411 Fax: [90,5) §79-.099'4 Northwest Wcnniland -.' Application to immnd ~he Dm'ham Regional Offidal ~ (OPA 99-004} Jack LaIly.~ '. Part Lot I & 3 Cone&sion 9 ' Town'of Iqcke .rm~ ' ' ' Auth6rlty File 1~.: OPA 99-004, I.M.S. #: POFG40. 9-hole 'golf course, % lc subject application, and an accompanying Environmental the loll'owing commehts for your eonrdderation. The environmental ~udy, al r~quireMent of the Durham Region and City of Picketing Official Hans, was &ndertakert in order to assess the appropriateness of the proposed land u~e at th $ location, to defin~s:gmfi, e..ant envl'ronmcnml features and functions on-site, .determine impacts, as.s~.iated ~vith th..e use, and to reconimend measures for mitigating ~mpacts. In consMeranon of[?remamre development of the course (i.e. constructed in advance of planning approvals), it, was necessary that the study utilize historical reformation, oil-site observafiot~s, and surrogate/reference site data in Order to satisfy the objectives of the study. The most significant, environrrental/n~tural heritage feamres/funmions associated with the site in~lud~ the following: i significarR based ripen size, old growth characteristics and p~vlsioni of breeding habRat for forest imerior, area sensitive bi~d species (significant wildlife habitat) 045 ~oo4 04G ATTACHMU',IT, .... /_.,~___ 1'0 REPORT # RD. f/g, - 05/$1/00 FR! 13:08 FAX 9055790994 : ! [~oo The findings o~ th~ study s~, stgnlflc,-mL The Oak. Ridges ia th¢ review of devg[opmem T~ ~gio~ Mu~cip~i~ of Durhm~' Att~ti~ ~. Ga~y M~. . 03131/~ Wetl~ds - · 1~ ~ the no~we~, no~-~, ~ muscat ~fio~ o{ ~e si~, ~ f~ms pmvid~ b~ding habitat for m~p~bt~s, mcl~mg un,tureen ~ec es . ~~e ~ctivi~ - '~e ~ ~st-we~.co~dor colorlon between ~ Lynde · C~k v~ley ~$t~m ~d t~ mom wm~rly ~re n~ml '(l~ffins Cr~k ~16y and Glen M~or feral N a~hw~t wo~lot pm~elopment w~ l~e enoch p:: ovi~ cb~dor ~tion ~ oppomd ~ conn~tor o~ dy (i.e.~ habitat for ~ mnsitive ppo~ ~¢ c~fi~ion of ~e oh-si~ [orMne)mpl~tation Guideli~ (1991) pr~u~ ~plicaqons on the O~ ~dges Mo~ di~t develop~t ou~i~ of si~fic~t namr~ ~, ~d pmmom the pro~fion ~d e~mcnt of ~ce~m of naMrM ~ ~loWs JBr development therein provid~ ~em will be:' no negate im~a~s on the ~ ~m~ez or on the e~mt ~un~ns ~or ~ht~ developed do not, and cannot In addition to the natured herk~ have al~o been identified. aEd/fiorta/informatio"n' and site: Environmental Management Pi dry sat!sly the intent of these documents. ge lssu6s as discussed above, $tormwater management issues lie mitigation POtential for impacts is noted as being high, modificJat{on will Ix: required. Thc ElS has found that signffi~ant impacts ha, c resulted from the construction of the golf caur~e, and will centi.nue to '.~ experienced unle.~s action is taken. In the absence of work, addressing Natural Heritage ar{d stomiwater is-me~, the impaet~ of, and thus the requested land u~e at this location axe ~aecepta~le. ' . · ! However, the EIS ha~ laid o t the framework for an F. nvironmental Management Plan (EMP) that in the eni:t would restore rduch of the function to the site, and prevent continued and/or additional impacts as a]result ~f the u~.' -: We generally support the concept of thc ~.MP, and 'd,,e framework wlfieh wofild see it broken into three sectiot~. 'a storm water ! ' se6tilon addressing issues relating to stormwatet flowing through management and erosion and off of the site; .a natural lheritag~ r~ab~iitation section, and; a monitoring section. Significant eomponehts of each r~etidn have then been further described within th~ ElS, with specific red~abili~on W~rk$ b~ing diaeus~d as 'Opportunities' for mitigation. An EMP prepare, by a qualified' ~xpert(s~ (accept.ble to the Ca~ation ~.Authority, Ci~,. and. Regien) providing d!recdon,f~ the de. velopment and necessary restoration, .and con.~stent with the I~iS-noled opportumt;i~ is now requked for the application lo proce~. ATTACHMEF~T ,~./__~ TO REPORT # PD_ /6 -6'~ 047 CENTRAL IAKE ONTt~IlO CA : Central ~ Omar'Jo Conservation TI~ Regional M~cipMi~ of [ urh~ for~ ~ in pe~etui~. Given ~ sign[fi~ce of ~e forest cover co~dor fu~tions ~u~ ~ pmpe~, we rapport this concept ~d will ~ pur~ing ~ncl~:ion: ~d R~omm~d~on In ~vicwing d~clop~nt ~pli~i~ns, ~p~ov~ ~=nci~ m~ have rega~ tbr Pmviuci~ Policy sm~gt. I~ res~ m me in~m of ~e ~licies cont~ ~emin, which is ~ pm~t ~ m~n~n si~Mfic~ ~ologic~ feam~ ~ ~nctions w~le Mlowing appmpda~ ~velopmnt to ~Ur, if this ~plic~ion is m ~ ~pmv~ eve~ effort mst be rome m e~m ~. signifiC~ f~m~ ~d ~ncfio~ ~ res~~ ~ ~e g~st ex~nt ' posstbl& To ~s end, ~ en~tm~ep~ s~y ~o~ends ~ ~P that will, over time msm~ ~fion m appmximt~ly 75%~ of ~e origi~ level. Al~qugh ~s lev~ ~tis~ ~ '~ negate ~pe~' s~[fi~ion of Pmvi~i$ Policy, in consideration of ml~ve im~ of t~ f~ ~ ~tions on si~, ~ ~ ~ wl~m restoration P~, in ~is i~ ~ level ~e~s ~nable ~d ~mo,~es mg~d m polic~(s). : ~ r T~rebre, b~ u~n ~e fi~ings o[ the EIS, 'wi~ appropfi~ ~figation ~ ~te would appe~ able to ~ppon the golf ~ur~. Hog, ever, prior m finM ~provM of t~ n~ m i~le~nt ~e' u~e, or ~ app~val of a Si~ PI~ Agr~menL we Would ~n~ ~m ~e pmpon~t ~ mqu~md ~ h~ve p~pared ~ ~viro~nml M~e~t PI~ ~ the satisf~tion of ~ ~nse~mion Authori~, Ci~ ~d Region ~at derails mi6gmion. Thc~. based easement limits can be EMP ~ ~ou for ~ o~o~t You~ ~1~, T~ T~ cc: V. Rodrigucs:, Ci~ of J. Lally, 29 Redmond. D. l-ead~amr, Garmer the aPProved EMP, the ultimate zoning and consurvation and a Sim Plan Agruemunt to imp{ement thc findings of ; to comment on this matter. If you have an7 questions e contact the undersiF~d. ekering, P]ann'mg r. Aja~ Lee Limited 006 048 ATTACHMENT # /'~L 'nT REPORT # PD"-- ,/'~'--~-~ Central cl ° ;erO ;tai°ri°n 1 O0 Whiting Avenue Oshawa, Ontario L1H 3T3 Tel: (905) 579-0411 Fax: (905) 579-0994 June 1, 1999 Town of Picketing Planning Department One the Esplanade Picketing, ON L1V 5K7 Attention: Ms. Valerie Rodri~ues Dear Madam: Subject: Pickering Official Plan Amendment Application 99-003/D Zoning By-law Amendment Application A 1/99 M. & R. Guy Part of Lots A & 1, Concession 9 5240 Lakeridge Road Town of Pickering. Authority File No.'s: OPA 99-003/D, A 1/99 I.M.S. #: POFG40. I-REC;EivED J U Ii 9 1999 TOWN OF PICKERING Purpose of Application: To re-designate the subject lands from Agriculture and Natural Areas and rezone them to permit the development of a nine hole golf course and associated club house, maintenance buildings and other ancillary structures. Authority staff has reviewed this site with regard to an application to amend the Region of Durham Official Plan. We ask that our comments on that application be applied to the current circulation from the Town. A copy of those comments has previously been forwarded to the Town. In brief, the comments suggest that a decision on the application be deferred until such time as the required environmental studies have been completed and approved to the satisfaction of the approval agencies. At such time, a more informed decision can be made with respect to the proposal. Thank you for the opportunity to comment on this application. If you have any questions regarding our comments, or require an additional copy of the referenced letter, please contact the undersigned. Yours truly, ATTMHUENTf_ / p TO REPORT f PD_ /~ - ~ THE CORPORATION OF THE TOWN OF WHITBT In the Regional Municipality of Durham Telephone 905-668-5803 Toronto 905-686-2621 Fax 905-686-7005  MUNICIPAL BUILDING 575 Rossland Road East Whitby, Ontario C. nnada PLANNING DEPARTMENT/ JUt t 9 l~ / TOWN o~ m Gary Muller, Planner ~~...~ Region of Durham Planning Department 1615 Dundas Street East, P.O. Box 623 Whitby, Ontario L1N 6A3 Re: Durham Regional Official Plan Amendment Application Jack Lally on Behalf of R. & M. Guy Lot I and A, Concession 9 Town of Pickering File: OPA-99-004 Whitby Planning and Public Works staff have reviewed the above-note application, the purpose of which is to permit a 9-hole golf course, club house and maintenance building located on the west side of Lakeridge Road north of the CPR line. The following comments are provided for your consideration. Given that the receiving watershed for the subject property is the Lynde Creek Watershed situated primarily within the Town of Whitby, there is concern with potential impacts of the proposal on surface water drainage and groundwater flows respectively. In particular, Town staff have reviewed the supporting Hydrogeological Study prepared by Hydro-Geo Limited for the applicant for compatibility with the Lynde Creek Water Resource Management Strategy, prepared by Gartner Lee Limited, August 1994 and subsequently adopted by Whitby Council. Surface Water Drainage Whitby staff recommend that the applicant should be requested to prepare a storm water management plan addressing any potential change to local drainage characteristics, such as quantity of run-off and erosion potential, which would be of detrimental impact to the rights of downstream riparian owners. Otherwise, the development of a golf course is not 050 -2- Groundwater FloWs Town staff would be concerned should well water quantity or quality of nearby Whitby residences be adversely impacted as a result of the development proposal. While the projections of the Hydro-Geo report in this area appear favourable, it is noted that there is a neighbouring well monitoring program being proposed for the first operating year of the golf course, and acknowledged responsibility on the part of the applicant to correct individual well problems should they occur. VVhile this approach is generally satisfactory, should the principle of development be established through a successful ROPA, a subsequent development agreement should provide for the well monitoring program including.those wells of ·adjacent Whitby properties east of Lakeridge Road. It is noted that the Hydro-Geo report speaks to the use of fertilizers and the expected impact in terms of nitrate-nitrogen levels, yet no similar comment was made in terms of herbicides and any proposed plan for controlling their use. This is also an important consideration which has potential to impact the receiving water course, and should be addressed in the required Environmental Impact Study (E.I.S.) which we understand is to be prepared. The Hydro-Geo report indicates that the ground water supply for potable and irrigation purposes will be obtained from on-site wells, requiring an M.O.E.E. water taking permit. Your_s truly, f~ /7 La~r~ R~. Cav~~Ma~n ager~ Long Range Policy Planning CoCo Phil Watts, Manager of Development Services N. Carroll, Director of Planning - Town of Pickering ATTACHMENT # //~ TO REPORT # PD /~o - ~ 051 EARL S. CUDDLE, A.M.C.T., C.M.C. Administrator-Clerk June 4, 1999 TOWNSHIP OF SCUGOG The Regional Municipality of Durham Planning Depadment WHITBY, Ontario L1N 6A3 Attention: Re: 181 PERRY STREET- P.O. BOX 780 PORT PERRY, ONTARIO L9L IA7 Phone: 905-985-7346 or 905-985-7393 Main Office Fax: 905-985-9914 Clerk's Officc Fax: 905-985-1931 ' Mr. Gary Muller Current Operations Branch Application for Regional Official Plan Amendment Region of Durham File No. OPA 99-004 Mr, Jack Lally, Town of Pickeri.g Dear Mr. Muller: Your correspondence dated April 22nd, 1999 requesting comments on the above-noted Official Plan Amendment Application was presented to the Council of the Township of Scugog at their last regular meeting, held May 31st, 1999. Upon review of the application, Council enacted Resolution No. 99-293, a copy of which is enclosed. I believe the resolution is self explanatory and requires no fudher explanation on my part. Should you require any additional information in this regard, please do not hesitate to call me. Yours truly, Earl 8. Cuddie A.M.C.T., C.M.C. Administrator-Clerk O52 ATTACHMENT # /~ TO REPORT # PD_ /~ -mT) e CORRESPONDENCE 8th Regular Meeting May 31, 1999 579-99 Mr. Gary Muller, Current Operations Branch The Regional Munici0ality of Durham Re: Application for a Regional Official Plan Amendment with respect to the nine-hole golf course, club house and maintenance shed in the Town of Pickering - Oak Ridges Moraine designation RESOLUTION NO: 99-;293 Moved by: Councillor Gadsden Seconded by: Councillor Bacon THAT the Township of Scugog recommends that during consideration of the proposed golf course, the Town of Picketing consider the following:- 1. A turf management program should be development to: curl[ail the use of chemicals in proximity to water courses; resl[rict and control the use of fertilizer;, require an integrated pest management program; and require that a qualified consultant be engaged to report on the above at the end of each golfing sealson. Irrigation water should be ddrawn from captured surface water and not drilled wells. Carried ATTACHMENT # / 7 ,TO REPORT # PD /'/~ - ~ 053 June 29, 1999 Our file: RBZ,402,81-48 Your file: O.P.A. 99-004 VIA FAX: (905) 436-6612 The Regional Municipality of Durham Planning Department P.O. Box 623, 1615 Dundas St. E. 4th Floor Lang Tower, West Building Whitby, ON L1N 6A3 Attention: Gary Muller Dear Sir'. RE: Application by Jack Laliy, Part Lot I & A Conc. 9, Town of Pickering Further to our letter of May 4, 1999 regarding the above application, we have had further discussions with the applicant with respect to Canadian Pacific Railway's (CPR) fencing requirement. We have agreed wiih the applicant that the fencing as provided in our earlier letter, (1.83 metre chain link) will be required at the green area only. The remainder of the site, along the CPR right of way will remain as is with the current farm fence and existing trees and brush. CPR would also like to advise that we have agreed with the applicant, that should problems arise in the future, upon direction by CPR, the applicant shall provide chain link fencing (1.83m) along the property 'line, at the applicant's sole cost and expense. Please do not hesitate to contact me if you require any further information. Yours truly,. Josie Tomei Area Manager Real Estate (416) 863-3155 cc: Mr. Robert H. Guy - Lakeddge Precision Inc. .054 ATFACHMENT#_ J~t:~ TO REPORT # PD /'G -- oz~ Planning Department Commissioner's Report to Planning Committee Report No. 1999-P-47 Date: 'June 8,1999 Public Meeting Report Application to Amend the Durham Regional Official Plan, submitted by Robert and Margaret Guy, to permit a nine hole golf course, club house and maintenance building in the Town of Pickering., File: OPA 99-004 .RECOMMENDATIONS 1. THAT Commissioner's Report No. 1999-P-47 be received for information; and 2. THAT all submissions receiwed be referred to the Planning Department for consideration. REPORT 1. Pu .mose 1.1 1.2 2.1 This report provides informatiion on a proposed amendment to the Durham Regional Official Plan, which is the subject of today's public meeting. A "Notice of Public Meeting" has been advertised in the appropriate newspaper. This report was made available to the public prior to the meeting. Pumose. Site Location and Site Characteristir..~. On April 16, 1999, Mr. Jack Lally submitted the subject application on behalf of Robert and Margaret Guy to permit a nine-hole golf course, club house and maintenance building. 2.2 The subject land.~ ~r~..~ih~t~rl nn th,- ~,--,~ o;,~,~ ,.~, ,.[,.. ~=.~..~ m---, ~n , ATTACHMENT # //r~ TO REPORT#PD , , /'*~ 055 Commissioner's Report No. 1999-P-47 Page 2 2.3 2.4 2.5 Town of Pickering. The lands consist of part of Lots 1 & ^, Concession 9, in the former Township of Pickering (refer to Attachment 1). Access to the proposed golf course is from an existing driveway onto Lake Ridge Road. The subject lands are approximately 29.5 ha (73 ac.) in size, are located on the Oak Ridges Moraine, and slope from north to south. The topography changes from rolling and hilly at the north end of the site to gently rolling at the south end. Mature wooded vegetation exists on the north-west and on the east parts of the site. Substantial work for the golf course has been undertaken, including tree removal at the north-west part of the site; an irrigation system, including ponds; construction of retaining walls and the base for paved areas; the majority of the tees, fairways and greens; sodding, seeding, and coniferous tree planting; and the maintenance shed, club house and deck. In addition to the above, the development concept also includes a practice tee, putting green, chipping green, 50 car parking lot, and a turning circle (refer to Attachment 2). The applicants have explained that the golf course was originally intended as a private facility, for use by their family and friends. The intent now is to operate the facility as a commercial golf course. The applicant has applied to the Ministry of Environment for a permit to take water, and to the Health Department for a permit for a sewage system, but has not received approvals. Under the Region's Tree Conservation By-law, tree removal that is not provided for through a building permit or a tree preservation plan approved by an area municipality, under the provisions of a subdivision, site.plan or development agreement is not permitted. The applicant did not apply for a Minor Exception to the Tree Conservation By-law required for tree removal. On May 3, 1999 the Town of Pickering wrote to the applicant to cease work on the subject lands until the required applications have been fully dealt with by the appropriate authorities. 2.6 The following land uses surround the subject lands: · north - Hy-Hope Farm, which is a mixed recreational and agricultural 056 ATTACHMENT//_ ?~' TO REPORT # PD ..... /~;- ~ Commissioner's Report No. 1999-F'-47 Page 3 37.4 ha (92 ac.) of land. Further north is the Dagmar Ski Resort in the Township of Uxbridge; · east - a woodlot, a pond used for skating and a cabin belonging to Hy- Hope Farms. East of Lake Ridge Road, in the Town of Whitby, . are single-detached residences on lots approximately 4 ha (10 ac.) in size; · south - · west - CPR tracks, rural residences and farms; and an abandoned gravel pit, vacant lands and farms. 2.7 A hydrogeologic study, dated March, 1999 prepared by Hydro-cjeo Limited, was submitted with the application. 3. Durham Regional Official Plan Context 3.1 The site is designated Major' open Space - Oak Ridges Moraine in the Durham Regional Official Plan. The Major Open Space policies allow conservation, recreation, reforestation and agriculture and farm related.uses. A golf course may be permitted in this designation by amendment to the Regional Official. Plan, subject to the consideration of the following: · · · · · conformity to the Agricultural Code of Practice; no adverse impact On surrounding agricultural operations; protection of environmental features; compliance with Provincial water taking standards; and compliance with Regional private servicing standards. 4. Pro.nosed Official Plan Amendment 4.1 The applicant is proposing that the Durham Regional Official Plan be amended by adding the following to Section 14.3.2 (Major Open Spa¢~ System): "The following golf course has been considered by amendrnent to this Plan and is permitted: ATTACHUE~T ~/~_.___TO REPORT # 057 Commissioner,s Report No. 1999-P-47 Page 4 5.1 The application has been circulated to the Ministry of Municipal Affairs an Housing, the Town of Picketing, neighbouting municipalities including the ToWn of Whitby and the Townships of Uxbr/dge and Scugog, the Central Lake Ontario Conservation Authority (CLOCA), the Canadian Pacific Railway, Ontario Hydro Services, and the Regional Works and Health Departments. 5.2 No comments were received as of the date of the PreParation of this report. 6. P__ublic Participatio~ 6.1 Anyone who attends the Region's public meeting may present an oral submission, and/or provide a written submission, to Regional Planning Committee on the proposed amendment. AlSo, any person may make written submissions at any time before Regional Council makes a decision. 6.2 If a person who files an appeal to the Ontario Municipal Board of Regional Council's decision on a proposed official plan amendment does not make oral submissions at a public meeting, or does not make written submissions before an amendment has been adopted by Regional Council, the Ontario Municipal Board may dismiss all or part of the appeal. 6.3 Anyone wishing to be notified of Regional Council's decision on the subject amendment must submit a written request to: A. L. Georgieff, M.C.I.P., R.P.P. Commissioner of Planning, Planning Department Regional Municipality of Durham P. O. Box 623, 1615 Dundas Street East 4th Floor, Lang Tower, West Building Whitby ON LIN 6A3 7. _Future Regional Council Decisiou (~55 REPORT # PD__/'~- o'~ __ Commissioner's Report No. 1999-P-47 7.2 Page 5 All persons who made oral or written submissions, or have requested notification in writing, will be given written notice of the future meetings of Planning Committee and Regional Council at which the subject application will be considered. Geo~~ ~~.I.P,, Commissioner of Planning Attachments 1. Location Sketch 2. Concept Plan RECOMMENDED FOR PRESENTATION TO COMMI'i-i'EE /~.H. C,,~,'M.S.W., C.A.O. ATTACHMENT REPORT # PD ~,~ TO 053 TOWNSHIP dj E ~ lIP OF SCUGO~3 TOWN OF WHITBY Attachment: 1 File: OPA 99-004 Municipality: TOWN OF PICKERING UBJECT SITE CON 9 LOT 3 ~, GO'COURSE CON 1 LOT 1 LOT 1 LOT, LOT 34 062 ATTACHMENT# /f TO REPORT # PD ,/~ - ¢,~ STAFF PRESENTATION MR. GARY MULLER, PLANNER, RE: COMMISSIONER'S REPORT #1999-P-47 (OPA #99-004) Mr. Gary Muller, Planner, outlined in detail the contents of Commissioner's Report #1999-P~47. He advised that the Planning Department received an application to amend the Durham Regional Official Plan from Jack Lally, on behalf of Robert and Margaret Guy, to allow a nine hole golf course, club house and maintenance building in the Town of Picketing. He added that the applicants' concept also illustrates a practice range, parking lot, ponds, and a chipping green. He also noted that access is proposed from an existing ddveway from Lake Ridge Road. Mr. Muller provided information with regard to the subject property's si;'e and location. He also reported on surrounding land uses. He noted that because the subject property is next to the municipal boundary of Whitby, and also within one kilometer of the Townships of Uxbridge and Scugog, these municipalities were circulated the application is accordance with Planning Act regulations. Mr. Muller also advised that the subject property is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. He noted that any recreational use, including a golf course, requires an amendment. He reviewed the criteria provided in the Official Plan for evaluating golf course amendments. Mr. Muller further advised that the applicants have submitted a hydrogeologiical report in support of the application. Mr. Muller also reported that the Region, in consultation with the Conservation Authority, the Town of Picketing and the applicants, is developing Terms of Reference for an Environmental Impact Study which would be funded by the applicants. Mr. Muller also advised that consultation is occurring with ATTACHM£1~ T #~ TO REPORT # p~.~.~.~ 0 ;3 information from the hydrogeological report. He added that the Ministry supports the Region in requiting an Environmental Impact Study. Mr. Muller further advised that that Regional Health Department has indicated they will comment when they have received the comments from the Ministry of Environment regarding the hydrogeological report; Central Lake Ontario Conservation Authority has indicated they will comment when an Environmental Impact Study has been completed and reviewed; Regional Works Department require that the existing access be improved to meet the Region's standard for rural commercial entrances; CPR has provided comments regarding fencing and. drainage; the Township of Uxbridge has indicated it does not support the application and notes the golf course and some accessory buildings were completed without regard roi: the planning process; and the Township of Scugog has requested al turf management plan and has also requested that irrigation water be drawn from surface water and not drilled wells. Mr. Muller noted that he is still awaiting comments from the Towns of Picketing and Whitby. Mr. Muller also advised that no written public submissions have been received to date;' however there have been two telephone inquiries requesting information on the status of the application and noting concerns' about the progress of development on the site. Mr. Muller further advised that the applicant has indicated that site works have been completed including: tree removal, sodding, seeding, grading, tree planting, changes to the existing dwelling to facilitate the club house, the introduction of ponds, the irrigation system and grading for the parking lot. Mr. Muller also reported that on May 5, 1999, the Town of Pickering Chief Building Official issued a Stop Work Order, as a result of construction taking place without the required permits. Mr. Muller added that the Town of Picketing By-Law Enforcement Office is also investigating the matter. REPORT # PD~ .064 MR. PAY WiNTERSTEIN, 177 LAKE NIPISSING ROAD, NIPISSING, ONTARIO, P0H 1W0, RE: cOMMISSIONER'S' Mr. Winterstein introduced himself as the previous owner of the subject property, twice removed. He indicated that he had submitted an application for a draft plan of subdivision ten years. ago which was not approved as a result of inactivity. He stated that he is not against the proposed golf o3urse development. His purpose in appearing before the Committee today is to ensure that all of the proper studies are .conduCted with respect to the current application. Mr. Winterstein reviewed the problems which ultimately rendered his application inactive ten years ago, including: the inability to address concerns expressed by local Conservation Authorities with respect to development in the Oak Ridges Moraine; the inability to meet technical requirements to address the issue of access from Regional Road 23; and the inability to comply with the request from the Province for an archaeological assessment on the subject site because of the high potential for archaeological remains. Mr. Winterstein noted there had been no resident opposition to the proposed development at that time. Mr. Winterstein agreed to provide the Planning Department with copies of documentation from ten years ago that he was using as reference material. Mr. Winterstein responded to questions from members of the' Committee. The recommendations contained in Commissioner's Report #1999-P-47 were adopted later in the meeting (see Page 7, item 2.1). O6O ATTACHMENT f/ ,,/,'~, TO REPORT # PD /~- d-o I! SCORECARD $ 50Z 3 & ~ & & ZTS Z69 S ~ 17S 163 6 & 3Z3 ATTACHMENT # /'~::~ TO REPORT # PD ./~- 053 TOWNSHIP KEY MAP tiP OF SCU¢ Attachment: 1 File: OPA 99-004 Municipality: TOWN OF PICKERING TOWN OF TOWN OF WHITBY PIT : BJE SITE CON 1 GOLF COURSE LOT 1 LOT 34 CON 9 LOT 3 LOT 1 LOT ATTACHMENT#_ /7 TO REPORT # PD_ /'~- C~ t COMMISSIONER'S REPORTS APPLICATION TO AMEND THE DURHAM REGIONAL OFFICIAL PLAN, SUBMITTED BY ROBERT AND MARGARET GUY, TO PERMIT A NINE HOLE GOLF COURSE, CLUB HOUSE AND MAINTENANCE BUILDING IN THE TOWN OF PICKERING, FILE: OPA #99-004 (#1999-P-47) Report #1999-P-47 was received from A.L. Georgieff, Commissioner of Planning. Staff presentations and delegations were heard eadier in the meeting. [See Pages 3 to 7, Items 3.a) and 4.a) to d).] MOVED by Councillor Dickerson, (124) "a) THAT Report #1999-P-47 of the Commissioner of Planning be received for information; and b) THAT all submissions received be referred to the Planning Department for consideration." CARRIED 062 ATTACHMENT REPORT # PD STAFF PRESENTATION MR. GARY MULLER, PLANNER, RE: COMMISSIONER'S REPORT #1999-P-47 (OPA #99-004) Mr. Gary Muller, Planner, outlined in detail the contents of Commissioner's Report #1999-P:47. He advised that the Planning Department received an application to amend the Durham Regional Official Plan from Jack Lally, on behalf of Robert and Margaret Guy, to allow a nine hole golf course, club house and maintenance building in the Town of Picketing. He added that the applicants' concept also illustrates a practice range, parking lot, ponds, and a chipping green. He also noted that access is proposed from an existing ddveway from Lake Ridge Road. Mr. Muller provided information with regard to the subject property's size and location. He also reported on surrounding land uses. He noted that because the subject property is next to the municipal boundary of Whitby, and also within one kilometer of the Townships of Uxbridge and Scugog, these municipalities were circulated the application is accordance with Planning Act regulations. Mr. Muller also advised that the subject property is designated "Major Open Space - Oak Ridges Moraine" in the Durham Regional Official Plan. He noted that any recreational use, including a golf course, requires an amendment. He reviewed the criteria provided in the Official Plan for evaluating golf course amendments. Mr. Muller further advised that the applicants have submitted a hydrogeological report in support of the application. Mr. Muller also reported that the Region, in consultation with the Conservation Authority, the Town of Pickering and the applicants, is developing Terms of Reference for an Environmental Impact Study which would be funded by the applicants. Mr. Muller also advised that consultation is occurring with v~rinus ~oencies. He noted that the Ministry of Munici[:)al Affairs ATTACHMENT//_ /~ TO REPORT//PD,., (% - o~ 065 DEPUTATIONS MR. DONALD STEWART, 2115 AUTUMN BREEZE DRIVE, MISSISSAUGA, ONTARIO, L5B 1R3, RE: COMMISSIONER'S REPORT #1999-P-47 (OPA #99-004) ~ Mr. Stewart introduced himself as the owner of the property immediately to the west of the subject property. His purpose in appearing before the Committee today is to advise that his property has not been abandoned, as indicated on the location sketch. The recommendations contained in Commissioner's Report #1999-P-47 were adopted later in the meeting (see Page 7, Item 2.1). There were no further comments from the public with respect to this application. 066 ATTACHMENT f/ .J,%oTO REPOR'I' # PD /~, -' ~':~ Excerpts from Statutory Information Meeting Minutes of Thursday, June 17, 1999 STATUTORY PUBLIC INFORMATION MEETING MINUTES A Statutory Public Information Meeting was held on Thursday, June 17, 1999 at 7:00 p.m. in the Council Chambers. The Manager, Policy Division, provided an overview of the requirements of the Planning Act and the Ontario Municipal Board respecting this meeting and matters under consideration thereat. (1) o DURHAM REGIONAL OFFICIAL PLAN AMENDMENT APPLICATION 99-004/D, PICKERING OFFICIAL PLAN AMENDMENT APPLICATION 99-003/P, ZONING BY-LAW AMENDMENT APPLICATION A 1/99 M. AND R. GUY PART OF LOTS A & 1, CONCESSION 9 (5240 LAKE RIDGE ROAD~ NORTH OF REGIONAL ROAD 5) Valerie Rodrigues, Senior Planner, provided an explanation of the application, as outlined in Information Report # 13-99. Bob Martindale, Planning Consultant representing the applicant, commented that the overall tenure of the report appears to be quite negative. All residents approached concerning the application were in support. He advised that he will be contacting the MOE questioning what is missing in the hydrogeological report. An Environmental Impact Study has already been undertaken. The Central Lake Ontario Conservation Authority will be participating in the environmental study. An archaeological study will be undertaken. Lois James, 2270 Meadowvale Road, Scarborough, member of Save the Rouge and Save the Oak Ridges Moraine Conservation, stated her opposition to this application. She questioned if a statement has been received from either of these organizations concerning this item. Richard Ward, 3709 Regional Road 9, Orono, stated his concern with respect to process and procedure. He questioned when the Town received this application and why it was heard at the Region of Durham first. Bob Martindale, Planning Consultant representing the applicant, stated that the ATTACHMENT # ,~ (' , TO REPORT # PD ~; 067 INFORMATION REPORT NO. 13-99 FOR PUBLIC INFORMATION MEETING OF June 17, 1999 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Durham Regional Official Plan Amendment Application 99-004/D Picketing Official Plan Amendment Application 99-003/P Zoning By-law Amendment Application A 1/99 M. & R. Guy Part of Lots A & 1, Concession 9 (5240 Lake Ridge Road, north of Regional Road 5) Town of Picketing 1.0 PROPERTY LOCATION AND DESCRIPTION the site is located on the west side of Lake Ridge Road directly north of the Canadian Pacific Railway tracks, north of the Ninth Concession Road (see Attachment #1 for location map); - the site has an area of just less than 30 hectares, and has approximately 196 metres of frontage on, including an access to, Lake Ridge Road; - a 9-hole golf course has recently been established on the site; - the site is sodded, has natural and relocated vegetated areas with mature wooded areas to the north and east of the site, six man-made ponds and an irrigation system, a stone and wood-frame building with extensive deck (previous residence) now partially renovated into a club house, a large metal maintenance/storage building, and a pump house; - an intermittent tributary of the Duffins Creek passes through the site from the north-west to the south-east through the wooded area alongside Lake Ridge Road; - the site has generally rolling topography, and the elevation rises steeply to the north of the site; - lands directly to the north and north-east, directly south of the Township of Uxbridge, support a mixed agricultural operation (primarily pork production with between 200 to 700-head), including a greenhouse, apple orchard, bake shop/associated retail operation, a residence and trailer; and active seasonal recreational uses, including an 18-hole executive golf cour.se, and tobogganing area; - lands to the east, in Whitby, are agricultural and rural residential; to the west and south are rural residential, agricultural, and include an abandoned gravel extraction operation. 0 ~ ~ Information Report No. 13-99 ATTACHMENT # ~ / TO REPORT # PD /'~, ~ 07) Page 2 - four new wells were drilled for the purpose of pump testing, one of which was successful and was used as the test well for the hydrogeological study, and is intended to be used for furore irrigation; - the applicant's site plan, entitled "Heather Glenn Golf Course" is included as Attachment #2. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan designated "Oak Ridges Moraine" within the "Major Open Space System"; the Oak Ridges Moraine is to, be protected as a unique landform containing the headwaters of the Region's major rivers and waterfronts as vital components of the Region's natural, built and cultural environments; lands within this designation are restricted to conservation, recreation, reforestation and agricultural uses; this designation does not permit recreational uses, except by amendment to the Regional Plan, and such uses are subject to the results of an environmental impact study conducted by an appropriate consultant retained by the Region, in consultation with the Town, at the expense of the applicant; Lake Ridge Road is under the jurisdiction of the Region of Durham, and is designated a Type A Arterial; 3.2 Pickerin~ Official Plan - Schedule I - "Land Use Structure" designates the lands "Agricultural Areas" and "Open Space System - Natural Areas"; - Agricultural Areas permit primary agricultural uses, as well as complementary and supportive agricultural uses; Natural Areas permit conservation, environmental protection, restoration, education, passive recreation, an existing lawful dwelling, and one new dwelling on a vacant lot; - redesignation to "Open Space System - Active Recreational Areas" is necessary in order to permit this proposal; - Schedule III - "Resource Management" designates the lands "Oak Ridges Moraine"; this designation recognizes that the Moraine provides a wide range of environmental functions critical to the maintenance of healthy water resources and natural heritage values; uses and activities within the Moraine are to be consistent with the principles of the Oak Ridges Moraine Implementation Guidelines; - Schedule II "Transportation System" designates Lake Ridge Road as a Type A Arterial; these types of roads are designed to carry large volumes of traffic over relatively long distances; have access restrictions; and generally have a right-of- way of width between 36 to 50 metres; 3.3 Zoning By-law 3037 the site is zoned "A" - Rural Agricultural in By-law 3037, which permits primarily agricultural uses, including a residential dwelling; Information Report No. 13-99 ATTACHMENT # ,~ / TO REPORT # PD _/'E; - ccd .__ I-'age J 4.0 RESULTS OF CIRCULATION 06.9 4.1 4.2 Resident Comments To date, no comments have been received in response to the Town's circulation; however, comments have been received by the Town as part of a booklet prepared by the owners and submitted with the application; a map of residents contacted, a summary of their comments, and copies of the comment letters, most of which indicate support for the golf course development, are attached (see Attachments # 3 to #11); Agency Comments Ontario Ministry of Municipal Affairs and Housing - the submitted hydrogeological report has been forwarded to the Ministry of the Environment (MOE) for review and technical input; the MOE has indicated that the hydrogeological report is not adequate to determine whether or not the proposal satisfies the Provincial Policy Statement respecting the Oak Ridges Moraine (ORM) Implementation Guidelines, and that MOE will resume its review once a revised report, which satisfies the ORM principles, is submitted; an environmental impact study (EIS) is also required, and once submitted, will be forwarded to the Ministry of Natural Resources for review regarding the ORM Guidelines (see Attachments #12 and #13); Ontario Ministry of the Environment - indicates that they will determine whether the proposal meets the principles of the ORM Guideline once it is circulated to them through the Provincial "One Window" plan review process; they further comment that the applicant has submitted a Permit to Take Water application; however, their normal practise is to not issue a permit until the planning designation is in place as they do not wish to pre-empt or pre-judge the outcome of the plan review, nor do they reserve water for future use (see Attachment #14); The Regional Municipality of Durham Planning Department - indicates that additional studies are required to address Regional Official Plan and Provincial plan review responsibilities; an Environmental Impact Study (EIS) is required to be funded by the applicant indicating, in addition to the hydrogeological study already undertaken, an assessment of vegetation, wildlife, drainage, and other matters, as well as a comparison of these with previous documented conditions, to indicate how the proposal satisfies the Regional Official Plan and Oak Ridges Moraine Guidelines; a draft terms of reference for the EIS is provided; also identified is a high archaeological potential for the site, therefore, an archaeological assessment, independent to the EIS, is required (see Attachment # 15); The Regional Municipality of Durham Health Department - is unable to comment as they have not received positive comments from MOE regarding the hydrogeological assessment of the proposed water supply and sewage system (see Attachment #16); The Central Lake Ontario Conservation Authority - staff have reviewed the proposal and note that the property is located on the southern limits of the Oak Ridges Moraine; O7O Information Report No. 13-99 ATTACHMENT f_ ,-.~ ! TO REPORT # PD 4 Page ' 4.3 Amendment Application as the recent activities on the lands have been completed in total disregard for the planning process and are contrary to local zoning and the Region's Official Plan, whereas the Regional policies require adherence to stringent criteria in order to ensure that proposed uses are appropriate and the Moraine is protected (see Attachment # 18); Canadian Pacific Railroad - requests a 1.83-m-high chain link fence be constructed and maintained, with a covenant to this effect, along the common property line at the owner's expense; any changes to drainage patterns affecting the Railway lands must receive prior approval from the Railway, and be substantiated by a drainage report; and any utilities proposed to pass over or beneath Railway property must have prior approval and be covered by the Railway's standard agreement (see Attachment # 19); No Objections or Concerns: - The Durham District School Board; Staff Comments 4.3.1 Policy Requirements of the Town's and Regional Official Plans golf courses may be permi~ed by' amendment to the Plan if the proposal meets the intent of the Oak Ridges Moraine Guidelines, as determined by MOE, MAAH, and MNR, and provided: · it is conformity with the Agricultural Code of Practice for the minimum distance of separation from existing livestock operations; · it does not adversely impact existing agricultural operations; · it is environmentally sensitive to existing wetlands, water courses and groundwater resources; · it conforms to MOE and CLOCA guidelines for water usage; · it conforms with MOE and/or Regional standards for private sewage works; and that · a report addressing the above points is submitted prior to the passing of an implementing by-law; the Town aims to protect and enhance the cultural and natural heritage of the Rural Area while conserving the rural agricultural land resource base for future generations. In addition, the Town aims to encourage a vibrant rural economy with a wide range of rural uses and activities, including outdoor rural recreational uses, which contribute to the diversity of economic activities in the area; Town Council may consider additional uses in the Rural Area, by amendment to the Plan, provided Council is satisfied that: · through a Planning Analysis, the proposed use is an overall benefit to the Town and is not contrary to the goals, objectives and general purpose and intent of the Plan; · through an Agricultural Report, the proposed use does not significantly adversely affect the amount or quality of Class 1 - 3 agricultural lands, complies with the agricultural minimum distance separation formulae, and cannot be accommodated on less significant agricultural lands, in a hamlet or urban area; and Information Report No. 13-99 ATTACHMENT # ..~/ TO REPORT # P~age 5 '/~ ~ c~ 071 4.3.2 4.3.3 Environmental Impact Study (EIS) a steering team has been established by Regional Planning staff to prepare or refine the draft terms of reference for the Environmental Impact Study required through the Regional Official Plan; the team is composed of the proponent's representatives, being the consulting Planner, Hydrogeologist, and Golf Course Designer; a CLOCA representative; and Town and Regional Planning staff; a revised draft terms is currently being produced; once the terms of reference is completed, the Region will seek proposals from several qualified consultant firms to undertake the study; the matters covered by the EIS largely overlap many of the requirements of the Town's Official Plan, particularly with regard to the specified Environmental Report; the EIS must also address the principles of the Oak Ridges Moraine Guidelines, primarily relating to hydrogeological impacts to baseflows, water quality, storage levels and capacities, and to recharge capacity, and groundwater quality; the Provincial departments which provide plan review services through the one window approach, being MAAH, MOE, and MNR, the Town, the Region, and CLOCA will all review the final EIS report to determine the environmental acceptability of the subject golf course; Hydrogeologic Investigation - the study prepared indicates that the site is located within the Lynde Creek Drainage Basin of the Oak Ridge Moraine (ORM), as defined by the 245m ASL topographic contour; - the study further determines, however, that the subject site is actually located just beyond the glacial kame moraines feature, and are not therefore located within the true physiographic region of the Oak Ridges Moraine, nor, apparently are the soils characteristic of the ORM; the site was used mainly for farming from 1890 to 1986; the owner's hydrogeological consultants did 72-hour well pump testing between November 6 and 30th, 1998; of 5 possible acquifers identified in the study area, acquifer No. 3 at a depth of from 30.5 to 61 metres and which supplies domestic water to about a quarter of the wells within 1.5 kilometres of the site, was chosen by the consultant as the test well and to provide the water supply for the proposal; during the test pumping, 7 on- and off-site wells were monitored for possible well interference; - the results of the test pumping was no significant interference between the test well and the existing monitored off-site wells; - the overall results of the study are that the test well could supply the Water for the course, the dug-out on-site ponds could serve as water reservoirs for irrigation, and that a conventional in-ground leaching bed sewage system could operate during the golf course season; - the study recommendations include a water quantity monitoring program for the first operating season on the 7 wells initially monitored, water quality sampling on neighboring wells to establish baseline conditions prior to the course opening, and Information Report No. 13-99 ATTACHMENT #_ REPORT # PD_ Page 4.3.4 Additional Matters 5.0 - Durham Region's Public Meeting for the Regional Official Plan amendment application was held on June 8th, 1999; a staff representative from the Town was present to hear presentations from Regional Planning staff and the public; 3 area landowners spoke at the meeting, yet indicated neither support nor objection to the proposal; - a "stop work order" was issued by the Town in April for the club house renovations which were proceeding without a building permit; - golf course proposals are also subject to site plan review. BACKGROUND 6,,0 7.0 7. I 7.2 these lands have been the subject of two previous sets of applications (Regional Official Plan Amendment:s; Draft Plan of Subdivision; & Zoning By-law Amendments) proposing estate residential subdivisions; the first applications were submitted in 1988 by G. & J. Mueller, for 8 lots; this proposal' was withdrawn and superseded in 1990 by applications by ERS Holdings Lt& & Ray Winterstein Masonry Ltd.; this second proposal included westerly-abutting property (Part of Lot 2, Concession 9),; it proposed 26 lots; the latter proposal was refused by the Region of Durham at the end of 1995, as it was inactive. PROCEDURAL INFORMATION - written comments regarding 'this proposal should be directed to the Planning Department; oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Recommendation Report prepared by the Planning Department for a subsequent meeting of Council or a Committee of Council; if you wish to reserve the option to appeal Council's decision on the zoning by-law, or the Region's decision on the official plan amendment, you must provide comments to the Town before Council adopts a zoning by-law or official plan amendment for this proposal; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the Town Clerk. OTHER INFORMATION Appendix I list of neighbourhood residents, community associations, agencies, and Town Departments that have commented on the applications at the time of writing report; Information Received a copy of the "Hydrogeologic Study: Heather Glenn Golf Course", prepared bv ATTACHMENT ~._ ~/ .TO REPORT # PD ~'~ APPENDIX I TO INFORMATION REPORT NO. 13-99 COMMENTING RESIDENTS AND LANDOWNERS (1) submission from owner including: map showing location of residents responding; summary of comments from 14 residents/landowners; and letters from: L. Avis; · C. & S. Fennell; · F. & B. Andrews; · A. Mcneillie; · K. & D. Sanderson; · the Starling Family; · S. & J. Connechie; COMMENTING AGENCIES 0) (:) (3) (4) (6) (7) Ontario Ministry of Municipal Affairs and Housing Ontario Ministry of the Environment The Township of Uxbridge The Regional Municipality of Durham Planning Department The Central Lake Ontario Conservation Authority The Durham District School Board Canadian Pacific Railroad COMMENTING TOWN DEPARTMENTS (1) Planning Department 07,4 C..~4,.1, OF Plo., RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY A by-law should be enacted to authorize the execution of a lease agreement with O.J. Muller to lease those lands consisting ora stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The property and premises are located on Brock Road North, Pickering, and compromising those parts of Lot 19, Concession 3, Pickering, designated as Parts 2 and 3, Plan 40R-7012. REPORT TO COUNCIL 075 FROM: Everett Buntsma Director, Operations & Emergency Services DATE: February 8, 2000 REPORT NUMBER: OES 02-00 SUBJECT: O.J. Muller Landscape Contractor Ltd. Lease Agreement - File: CO1000 RECOMMENDATION: A by-law should be enacted to authorize the execution of a lease agreement with O.J. Muller to lease those lands consisting of a stone house and 6.074 acres, to use and occupy the property or the premises to cultivate the land for cash and to store market nursery stock. The property and premises are located on Brock Road North, Pickering, and compromising those parts of Lot 19, Concession 3, Picketing, designated as Parts 2 and 3, Plan 40R-7012. ORIGIN: Property formerly owned byVeridian Connection (formerly known as Picketing Hydro-Electric Commission) AUTHORITY: Municipal Act, R.S.O. 1990, chapter M.45, subsection 191(1) FINANCIAL IMPLICATIONS: Rent for 2000 $1,200/month x 12 = Rent for 2001 $1,200/month x 12 = Rent for 2002 $1,200/month x 12 = Plus G.S.T. Business taxes $14,400 $14,400 $14,400 $43,2OO (to be determined) 0 7 ~ Report to Council OES 02-00 ~ubject:O.J. Muller Landscape Contractor Ltd. Lease Agreement Date: February 8, 2000 Page 2 BACKGROUND: The subject property was deeded to the City as part of an agreement with Veridian Connection (formerly known as Picketing Hydro Electric Commission) in November 1999. The property is presently used as a nurse .ry for a landscape business and the home on the property is used' for residential purposes. Much of the property is natural woodlot ancillary to the residential and nursery use. The lease is generally similar to other leases of land in the vicinity owned by the City of Pickering. Some new clauses have been included by our Legal Services Division to cover the residential use of the existing home. The term of lease is 3 years, which will result in this lease terminating on the same date as other leases of land in the immediate vicinity owned by the City. The rent being recommended is similar to what the tenant was paying in 1999. Any increase will require further notification to the tenant. The Department of Operations & Emergency Services recommends approval of the lease agreement as it is presented. Land values are similar to other City owned properties in the area (approximately $6,000/acre). ATTACHMENTS: 1. By-Law 2. Location Map 3. Lease Agreement Prepared B : ~ Reviewed: verett Buntsma Director, Operations & Emergency Services City Solicitor EB:mld Attachments Copy: Chief Administrative Officer City Solicitor A. AC e EN'r# / TO REPORT THE CORPORATION OF THE CITY OF PICKERING 077 BY-LAW NO. Being a by-law to authorize the execution of a Lease Agreement between The Corporation of the City of Pickering and O.J. Muller Landscape Contractor Ltd. for the leasing of those lands consisting of a stone house and 6.074 acres located on Brock Road North, Picketing, and compromising those parts of Lot 19, Concession 3, Picketing, designated as Parts 2 and 3, Plan 40R-7012. WHEREAS pursuant to the provisions of subsection 191 (1) Municipal Act, R.S.O. 1990, chapter M.45, the Council of The Corporation of the City of Picketing may by by-law lease premises owned by the Corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: The Mayor and clerk are hereby authorized to execute a Lease Agreement in the form acceptable to the City Solicitor for a three (3) year term ending December 31, 2002, between the Corporation of the City of Picketing and O.J. Muller Landscape Contractor Ltd. BY-LAW read a first, second and third time and finally passed this 28th day of February, 2000. Wayne Arthurs, Mayor Brace Taylor, Clerk 078 ATTACHPIENT #,,~ TO REPORT #,,~-~ ~' F'OUF;~TH CONCESSION ROAD of Pick_er~ng Centre DERSAN / / / / / // // // / / / / / / / / / / / / / / STREET / / / / / / / iX/ 0~//// / / / / / / / / Driving F/ange / / / / / / / ATTACHHENT #~_ TO REPORT #0~ (~-~ THIS LEASE made pursuant to the provisions of subsection 191 (1) of the Municipal Act, R.S.O. 1990, chapter M.45, as of the 1st day of January 2000. BETWEEN: THE CORPORATION OF THE CITY OF PICKERING herein called the "Landlord" OF THE FIRST PART, O.J. MULLER LANDSCAPE CONTRACTOR LTD. herein called the "Tenant" OF THE SECOND PART. In consideration of the rents, covenants and agreements herein contained the Landlord and the Tenant agree as follows: LEASE AND TERM The Landlord hereby leases to the Tenant those lands consisting of a stone house and 6.074 acres located on Brock Road North, Pickering, and comprising those parts of Lot 19, Concession 3, Picketing, designated as Parts 2 and 3, Plan 40R-7012 (herein called the "Premises"), for a term (herein called the "Term") commencing on the 1st day of January 2000 and expiring on the 31st day of December 2002 unless the Term is earlier terminated. RENT (1) (2) The amount of the rent payable by the Tenant to the Landlord monthly and every month during the Term is $1,284.00 ($1,200.00 plus G.S.T. of $84.00) payable in monthly installments, plus any applicable taxes. Place and Manner of Payment Each payment of rent shall be paid by the Tenant to the Landlord in advance, on the first day of the month, in lawful money of Canada, at the address of the Landlord set out in section 18(3) or at such other place as the Landlord shall from time to time designate, and the Landlord may require the Tenant to provide post-dated cheques for this purpose. 3. GENERAL COVENANTS 08O 4. USE AND OCCUPANCY OF PREMISES The Tenant covenants with the Landlord: (a) (c) (d) (e) Conduct of Business To use and occupy the prope~y or the Premises during the Term, to cultivate the land for cast crops and to store and market nursery stock, which would include natural stone, packaged pea moss and other related landscape materials. The outdoor storage area for these materials are t¢ be in a location that would not: be visible from the road. The Tenant covenants to not use th{ property or Premises for any use that is in contravention of any ordinance or law; Hours of Operation and Illumination To carry on the business only between the hours of 5:30 a.m. and 12:00 midnight, local time, ant not to illuminate any sign or ar~y part of the Premises not contained within a building o structure, except for security purposes, between 12:01 a.m. and 5:30 a.m., local time; Business Name To carry on business on the Premises under the name and style of O.J. Muller Landscape Contractor and under no other name or style unless approved in writing by the Landlord; Appearance, etc. of Premises To maintain and operate the Premises so that they shall always be of good appearance an( suitable for the proper operation of the business required to be carded on therein and comparabl~ with the standards of the best such business, and in so doing, to keep the Premises orderly, tidy clean and clear of all refuse; and. By-Laws To comply at its own expense with all municipal, federal and provincial sanitary, fire and safet, laws, regulations and requirements pertaining to the occupation and use of the Premises, th~ conditions of the Leasehold Improvements, trade fixtures, furniture and equipment installed by o on behalf of the Tenant therein and the making by the Tenant of any repairs, changes o improvements therein. 5. TAXES (IL) Payment by Tenant The Tenant covenants with the Landlord to pay promptly when due to the taxing authority o authorities having jurisdiction, all taxes, rates, duties, levies and assessments whatsoeve~ whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of th~ Premises and any and every business carried on in the Premises by the Tenant, or in respect o the use or occupancy thereof (including licence fees and including, without limitation, any G.SJ and realty taxes which may be applicable). 08I LICENCES, ASSIGNMENT AND SUBLETTING (1) Licences The Tenant shall not permit any part of the Premises to be used or occupied by any persons other than the Tenant and the employees of the Tenant, or permit any part of the Premises to be used or occupied by any licensee or concessionaire, or permit any persons to be upon the Premises other than the Tenant, its employees, customers and others having lawful business with it. (2) Assignment and Subletting The Tenant shall not assign this Lease or sublet all or any part of the Premises. SIGNS (a) (b) (c) (d) The Tenant shall be permitted to maintain an identification sign at or near the frontage of the Premises on Brock Road. Such sign shall contain only the name or style under which the Tenant is required to carry on business under the provisions of this Lease unless the Landlord shall otherwise approve in writing. Such sign, including the size, location, arrangement and type of lettering, its colour, illumination and all its other appearance and design features shall be subject to the prior written approval of the Landlord. The Tenant shall not paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises with the exception of lawful signs erected on the Tenant's lands adjacent to the Premises, except with the prior written consent of the Landlord. Should the Landlord at any time object to any sign, symbol, notice, lettering or display either affixed to or visible from the outside of the Premises, the Tenant shall remove the same forthwith upon request. ABANDONED PROPERTY The Landlord may sell, retain for the Landlord's own use or otherwise dispose of the property of the Tenant left in the Premises if the Tenant has vacated the Premises. 10. DEATH OF A TENANT If the Tenant dies and there are no other tenants of the Premises, the tenancy shall be deemed to be terminated 30 days after the death of the Tenant. 11. LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES (3) (4) by an adequate description of the contemplated work and, where appropriate, working drawings and specifications thereof. All work to be performed on the Premises shall be performed b3 competent contractors and subcontractors of whom the Landlord shall have approved, sucl: approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the, Landlord, and shall be performed in accordance with an3 reasonable conditions or regulations imposed by the Landlord and completed in a good an¢ workmanlike manner in accordance with the description of work approved by the Landlord. Liens and Encumbrances on Improvements and Fixtures In connection with the making, erection, installation or alteration of Leasehold Improvement,~ and trade fixtures and all other work or installations made by or for the Tenant in or on the Premises, the Tenant shall comply with all the provisions of the Construction Lien Act, and othe] statutes from time to time applicable thereto, including any provision requiring or enabling the retention by way of hold-back of portions of any sums payable, and except as to any such hold. back shall promptly pay all accounts relating thereto. The Tenant shall not create any mortgage conditional sale agreement or ether encumbrance in respect of its Leasehold Improvements or without the consent of the Landlord, with respect to its trade fixtures nor shall the Tenant take any action as a consequence of' which any such mortgage, conditional sale agreement or othe] encumbrance would attach to tire Premises or any part thereof. If and whenever any mechanics or other lien for work, labour, se, rvices or materials supplied to or for the Tenant or for the cost o: which the Tenant may be in any' way liable or claims therefore shall arise or be filed or any suc[ mortgage, conditional sale agreement or other encumbrance shall attach, the Tenant shall withir twenty (20) days after receipt of notice thereof procure the discharge thereof, including an) certificate of action registered in respect of any lien, by payment or giving security or in sucl: other manner as may be required or permitted by law, and failing which the Landlord may ir addition to all other remedies hereunder avail itself of its remedy under section 12 hereof ant may make any payments required to procure the discharge of any such liens or encumbrances shall be entitled to be reimbursed by the Tenant as provided in section 12, and its right tc reimbursement shall not be affected or impaired if the Tenant shall then or subsequently establisl: or claim that any lien or encumbrance so discharged was without merit or excessive or subject tc any abatement, set-off or defence. This subsection shall not prevent the Tenant from mortgagin~ or encumbering its chattels, furn~tm:e or equipment not of the nature of fixtures. Removal of Improvements and Fixtures (a) All Leasehold Improvements, trade fixtures, furniture and equipment shall be removed b) the Tenant from the Premises either during or at the expiration or sooner termination o~ the Term. Such removal shall be at the expense of the Tenant. (b) The Tenant shall, in the case of every removal either during or at the end of the Term. make good at the expense of the Tenant, any damage caused to the Premises by the installation and removal of all Leasehold Improvements, trade fixtures, furniture ani equipment. 12. INSURANCE AND LIABILITY (1) Tenant's Insurance (2) (3) (b) insurance against such other perils and in such amounts as the Landlord may from time to time reasonably require upon not less than 90 days written notice, such requirement to be made on the basis that the required insurance is customary at the time for prudent tenants of similar properties. All insurance required to be maintained by the Tenant hereunder shall be on terms and with insurers to which the Landlord has no reasonable objection. Each policy shall contain a waiver by the insurer of any rights of subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Landlord or the agents or employees of the Landlord, and shall also contain an undertaking by the insurer that no material change adverse to the Landlord or the Tenant will be made, and the policy will not lapse or be cancelled, except after not less than thirty days written notice to the Landlord of the intended change, lapse or cancellation. The Tenant shall furnish to the Landlord, if and whenever requested by it, certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in force, together with evidence as to the method of determination of full replacement cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Landlord reasonably concludes that the full replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required hereunder. If the Tenant shall fail to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord pursuant to the preceding sentence are unacceptable to the Landlord or no such evidences are submitted within a reasonable period after request therefore by the Landlord, then the Landlord may give to the Tenant written notice requiring compliance with this section and specifying the respects in which the Tenant is not then in compliance with this section. If the Tenant does not, within 72 hours or such lesser period as the Landlord may reasonably require having regard to the urgency of the situation, provide appropriate evidence of compliance with this section, the Landlord may, but shall not be obligated to, obtain some or all of the additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of the Landlord under this Lease or otherwise, and the Tenant shall pay all premiums and other expenses incurred by the Landlord in that connection as additional rent pursuant to section 12 hereof. Limitation of Landlord's Liability The Landlord shall not be liable for any bodily injury or death of, or loss or damage to any property belonging to the Tenant or its employees, invitees or licensees or any other person in, or about the Premises. Indemnity of Landlord The Tenant shall indemnify and save harmless the Landlord in respect of: (a) all claims for bodily injury or death, property damage or other loss or damage arising from the conduct of any work by or any act or omission of the Tenant or any agent, employee, contractor, invitee or licensee of the Tenant, and in respect of all costs, expenses and liabilities incurred by the Landlord in connection with or arising out of all such claims, including the expenses of any action or proceeding pertaining thereto; (b) any loss, cost, expense or damage suffered or incurred by the Landlord arising from any breach by the Tenant of any of its covenants and obligations under this Lease; and 084 (b) To provide to the Landlord with particulars of all automobiles (which term includes passenge: vans and light trucks) to be parked on the Premises and to comply with all by-laws relater thereto; (c) The water closets and other water apparatus shall not be used for any purpose other then those fo: which they were constructed and no sweepings, garbage, rubbish, rags, ashes or other substance: shall be thrown therein. Any. damage resulting to them fi.om misuse or fi.om unusual o' unreasonable use shall be borne; by the Tenant who or whose family, guests, visitors, servants clerks or agents shall cause it; (d) All awnings or shades over and. outside of the windows desired by Tenants shall be erected a their own expense: they must be; of such shade, colour, material and make as may be prescribe~ by the Landlord and shall be put up under the direction of the Landlord or his agents; (e) The Tenant must observe strict care not to allow their windows to remain open so as to admi rain or snow. For any injury caused to the property of the Landlord by such carelessness th, Tenant neglecting this rule will be held responsible; (f) No additional locks shall be placed upon any door of the Premises, without the written consent o the Landlord which shall be endorsed hereon; (gl} No Tenant shall do, or permit anything to be done in said Premises or bring or keep anythint therein which will in any way increase the risk of fire or the rate of fire insurance on th, Premises, or on property kept therein, or conflict with any of the rules and ordinances of th, Board of Health or with any statute or municipal by-law; (h) Nothing shall be placed on the outside of window sills or projections; (i) The water shall not be left nmning unless in actual use in the leased Premises; spikes, hooks screws or nails shall not be put into the walls or woodwork of the building; 0) If the Tenant desires telegraphic or telephone connections, the Landlord or his agents will direc the electricians as to where and how the wires are to be introduced and without such direction m boring or cutting for wires will be; permitted. If the Tenant desires to install, add to or alter, ga or electric light fittings, for lighting the Premises the Tenant must arrange with the Landlord fo the necessary connections and no gas pipe or electric wires will be permitted which has not bee~ authorized in writing by the Landlord or his agents; (k) No auction sale shall be held in the Premises without consent in writing of the Landlord; (1) No stores of coal or any combustible or offensive goods, provisions or materials shall be kep upon the Premises; (m) That no assent or consent to changes in or waiver of any part of this agreement in spirit or lette shall be deemed or taken as made, unless the same be done in writing and attached to or endorse~ hereon by the Landlord or his agents; (n) Hardwood floors must be kept clean, waxed and polished at the expense of the Tenant; (o) No heavy furniture shall be moved over floors of flat, halls, landings or stairs, so as to marl same; (p) Rugs must be so laid to cover all floors so as to suppress any noise that might disturb othe tenants; (q) The Tenant will be held responsible for any damage to the Premises caused by moving fumitur, in or out of said Premises; and (r) The Premises be lett clean and in good condition at expiration of Term. The Landlord shall have the right to make such other and further reasonable rules and regulations as i~ his judgrnent may fi.om time to time be needful for the safety, care and cleanliness of the Premises an~ for preservation of good order therein and the same shall be kept and observed by tenants, their families visitors, guests, clerks, servants and agents. 085 (2) ~mises Premises entry to the The Landlord and its authorized agents and employeeSfor the purposeShall beofperm~tteOexhibiting during the last six (6) months of the Term them to prospective tenants. 15. DELAY AND NON-WAIVER (1) Unavoidable Delax Except as herein otherwise expressly provided, if and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any obligation hereunder in respect of the making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (a) (b) (c) strikes or work stoppages; inability to obtain any material, service, utility or labour required to fulfill such obligation; any statute, law or regulation of, or inability to obtain any permission from, any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (d) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shall only be effective if expressed in writing. 16. REMEDIES OF LANDLORD (1) In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third IN WITNESS WHEREOF the Parties hereto have hereunto affixed their respective Corporate Seals attested tr by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk O.J. MULLER LANDSCAPE CONTRACTOR LTD. O.J. Muller, President lease/LOOOl/misc/lease 055 (2) Exhibiting Premises The Landlord and its authorized agents and employeeSfor the purposeShall beof permittedexhibitingentrYthemtOtothep Premises during the last six (6) months of the Term _rospective tenants. 15. DELAY AND NON-WAIVER Unavoidable Delay Except as herein otherwise expressly provided, if and whenever and to the extent that either the Landlord or the Tenant shall be prevented, delayed or restricted in the fulfillment of any obligation hereunder in respect of the making of any repair, the doing of any work or any other thing, other than the payment of rent or other monies due, by reason of: (a) (b) (c) strikes or work stoppages; inability to obtain any material, service, utility or labour required to fulfill such obligation; any statute, law or regulation of, or inability to obtain any permission from, any government authority having lawful jurisdiction preventing, delaying or restricting such fulfillment; or (d) other avoidable occurrence, the time for fulfillment of such obligation shall be extended during the period in which such circumstance operates to prevent, delay or restrict the fulfillment thereof, and the other party shall not be entitled to compensation for any inconvenience, nuisance or discomfort thereby occasioned. (2) Waiver If either the Landlord or the Tenant shall overlook, excuse, condone or suffer any default, breach or non-observance by the other of any obligation hereunder, this shall not operate as a waiver of such obligation in respect of any continuing or subsequent default, breach or non-observance, and no such waiver shall be implied but shall only be effective if expressed in writing. 16. REMEDIES OF LANDLORD In addition to all rights and remedies of the Landlord available to it in the event of any default hereunder by the Tenant through improper compliance or non-compliance with any obligation arising either under this or any other provision of this Lease or under statute or the general law the Landlord: (a) shall have the right at all times to remedy or attempt to remedy any default of the Tenant, and in so doing may make any payments due or alleged to be due by the Tenant to third .. ___ a ................ +1~ D~;o~o +,~ rln anx* xxrc~rk nr ntho. r thin~r.q therein, and in (3) (4) (2) lending rate to prime commercial borrowers from time to time current at the City's bar~ from the date upon which the same was due until I actual payment thereof. Remedies Cumulative The Landlord may from time to time resort to any or all of the rights and remedies available to i' in the event of any default hereunder by the Tenant, through improper compliance or non. compliance with any obligation arising either under any provision of this Lease or under statut~ or the general law, all of which rights and remedies are intended to be cumulative and no' alternative, and the express provisions hereunder as to certain rights and remedies are not to b{ interpreted as excluding any other or additional rights and remedies available to the Landlord b3 statute or the general law. Right of Re-Entry on Default or Termination If and whenever the rent hereby reserved or other monies payable by the Tenant or any par thereof shall not be paid on the day appointed for payment thereof, whether lawfully demander or not, and the Tenant shall have riffled to pay such rent or other monies within five (5) busines~ days after the Landlord shall have given to the Tenant notice requiring such payment, or if th{ Tenant shall breach or fail to observe and perform any of the covenants, agreements, provisos conditions and other obligations on the part of the Tenant to be kept, observed or performe( hereunder, or if this Lease shall have become terminated pursuant to any provision hereof, or i the Landlord shall have become emitled to terminate this Lease and shall have given notic{ terminating it pursuant to any provision hereof, then and in every such case it shall be lawful fo: the Landlord thereafter to enter into and upon the Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in thi: Lease contained to the contrary notwithstanding. Termination and Re-Entry If and whenever the Landlord becomes entitled to re-enter upon the Premises under an~ provision of this Lease the Landlord, in addition to all other rights and remedies, shall have th~ right to terminate this Lease forthwith by leaving upon the Premises notice in writing of sucl termination. (5) Payment of Rent, etc. on Termination Upon the giving by the Landlord of a notice in writing terminating this Lease, whether pursuan to this or any other provision of this Lease, this Lease and the Term shall terminate, rent and an, other payments for which the Tenant is liable under this Lease shall be computed, apportione[ and paid in full to the date of sucl:t termination, and the Tenant shall immediately deliver ul possession of the Premises to the Landlord, and the Landlord may re-enter and take possession o them. 17. IMPROPER USE OF PREMISES; BANKRUPTCY (1) Bankruptcy, etc. In case without the written consent of the Landlord the Premises shall be used by any othe 087 18. MISCELLANEOUS PROVISIONS (1) Registration of Lease Neither the Tenant nor the Landlord shall register this Lease or a notice of this Lease. (2) Lease Constitutes Entire Agreement There are no covenants, representations, warranties, agreements or conditions express or implied, collateral or otherwise forming part of or in any way affecting or relating to this Lease save as expressly set out in this Lease; this Lease constitutes the entire agreement between the Landlord and the Tenant and may not be modified except as herein explicitly provided or except by agreement in writing executed by the Landlord and the Tenant. (3) Notices Any notice required or contemplates by any provision hereof shall be given in writing, and (a) if to the Landlord, either delivered to the City Clerk personally or mailed by prepaid registered mail addressed to the City Clerk at Pickering Civic Complex, One The Esplanade, Pickering, Ontario L1V 6K7; and (b) if to the Tenant, either delivered to O.J. Muller Landscape Contractor personally or mailed by prepaid registered mail addressed to O.J. Muller Landscape Contractor at Brock Road North, Pickering, Ontario. Every such notice shall be deemed to have been given when delivered or, if mailed as aforesaid, upon the day after the day it is mailed. Either party may from time to time by notice in writing to the other, designate another address in Canada as the address to which notices are to be mailed to it. (4) Interpretation All of the provisions of this Lease are to be construed as covenants and agreements as though words importing such covenants and agreements were used in each separate provision hereof, and the captions appearing for the provisions of this Lease have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of this Lease or of any provision hereof. (5) Extent of Lease Obligations This Lease and everything herein contained shall enure to the benefit of and be binding upon the respective heirs, executors, administrators and other legal representatives, as the case may be, of each party hereto, and every reference herein to any party hereto shall include the heirs, executors, administrators, and other legal representatives of such party. 19. RIGHT OF FIRST REFUSAL IN WITNESS WHEREOF the Parties hereto have ihereunto affixed their respective Corporate Seals attested t( by the hands of their authorized officers. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE CITY OF PICKERING Wayne Arthurs, Mayor Bruce Taylor, Clerk O.J. MULLER LANDSCAPE CONTRACTOR LTD. O.J. Muller, President lease/LOOO l /misc/lease c~OF RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report L11.4/00 be received and that Council: Endorse the Consultant's recommendation that the Region of Durham be the Service Provider for the courts administration and prosecution of proceedings pursuant to the Streamlining of Administration of the Provincial Offence Act, 1998, S.O. 1998, c.4 (Bill 108); Endorse the revenue sharing formula recommended by the seven Area Treasurers those being the Town of Ajax, Township of Brock, Municipality of Claringtorg City of Pickering, Township of Scugog, Town of Whitby, Township of Uxbridge and the Treasurer of the Regional Municipality of Durham; o Authorize the Mayor and Clerk to execute the Intermunicipal Service Agreemem and other related documentation necessary to finalize the Provincial Offence Act transfer in a form satisfactory to the City Solicitor and Director, Corporate Services and Treasurer; and Direct that such Intermunicipal Service Agreement include, among other matters, the establishmem of a Joint Board of Management/Committee (made up of representatives from the municipalities and the Region) that will monitor the performance and activities of the Service Provider. 090 ' LEGAL SERVICES ( DIVISION March 29, 2000 To: Mayor ArthUrs and Members of Council From: Jane Burton City Solicitor Subject: Gillis Paterson Director, Corporate Services and Treasurer Streamlining of Administration of Provincial Offences Act (Bill 108) - Provincial Offe'nces Act - Transfer - File: L959502 Further to the Special Council Meeting of March 27, 2000, the Mayor has requested that we provid& Council with some additional information respecting the Provincial Offences Act Transfer. THE PR O F1NCIAL OFFENCES A CT " As You are aware, provincial offences and contraventions are enforced by Municipal Law Enforcement 'Officers, Municipal and Provincial Police and Federal enforcement authorities as well as enforcement officers employed by ministries, such as the Ministry of the Environment. The Provincial Offences Act is the procedural law for administering and prosecuting provincial offences, including offences created under municipal by-laws · and minor federal offences. 'l]aere are three parts under the Provincial Offences Act: These are minor offences with a maximum $500.00 fine. Examples include the Highway Traffic Act, £iquor Licence Act, Trespass to Property Act and the Compulsory Automobile Insurance Act. Individuals can plead guilty.without a court appearance. It should be noted that 66% of total charges filed under the Provincial Offences Act in the Oshawa Court Service Area (Durham Region) in 1998/99 were Part I offences. Highway Traffic Act charges (example:. speeding tickets) made up 57% of the total Part I charges filed in 1997/98. -2- The Province is transferring the administrative and court support for Part I offences. The Service Provider will administer and prosecute these charges, however, the net revenue would be distributed among, the area 'municipalities and First Nations based on the revenue sharing formula. 091 Part H deals with parking in&actions. The City of Pickering currently administers and prosecutes parking in,actions and will continue to do so. All net revenue from all parking tickets issued in Picke'ring will remain with Pickering. The Transfer will not affect Part I1 parking infractions. -- These are more. serious offences where a court appearance is mandatory. These offences include By-law, Building Code, Fire Code and Zoning ir~actions. While the Service Provider will provide the administrative function for. Par~. III charges,' the City. of Picketing will continue to keep any of the net revenue generated from these charges. The more serious offences under Part III will continue to be prosecuted by the Province. The Province will accept only one submission -from each Court Service Area and while the deadline for this area's submission is September 30, 2000, 'it should be noted that the local municipalities 'and the Region of Durham must negotiate and execute an Intermunicipal Service Agreement prior to that submission being made. The attached chart outlining revenue sharing options has been prepared by the Director, Corporate Services and Treasurer. If you have any questions please contact either of the undersigned at your convenience. 'Copy: Chief Administrative Officer · Gillis Paterson 092 C uJ REPORT TO COUNCIL 093 FROM: Jane Burton City Solicitor Gillis A. Paterson Director, Corporate Services and Treasurer DATE: March 8, 2000 REPORT NUMBER: L1 lA/00 SUBJECT: Streamlining of Administration of Provincial Offences Act (Billl 08) - Provincial Offences Act - Transfer - File: L959502 RECOMMENDATIONS: That Report L1 lA/00 be received and that Council: Endorse the Consultant's recommendation that the Region of Durham be the Service Provider for the courts administration and prosecution of proceedings pursuant to the Streamlining of Administration of the Provincial Offence Act, 1998, S.O. 1998, c.4 (Bill 108); Endorse the revenue sharing formula recommended by the seven Area Treasurers those being the Town of Ajax, Township of Brock, Municipality of Clarington, City of Pickering, Township of Scugog, Town of Whitby, Township of Uxbridge and the Treasurer of the Regional Municipality of Durham; Authorize the Mayor and Clerk to execute the Intermunicipal Service Agreement and other related documentation necessary to finalize the Provincial Offence Act transfer in a form satisfactory to the City Solicitor and Director, Corporate Services and Treasurer; and Direct that such Intermunicipal Service Agreement include, among other matters, the establishment of a Joint Board of Management/Committee (made up of representatives from the municipalities and the Region) that will monitor the performance and activities of the Service Provider. ORIGIN: The Ministry of the Attorney General - Provincial Offences Act Transfer. AUTHORITY: Streamlining of Administration of Provincial Offences Act, 1998, S.O. 1998, c.4 (Bill 108). 094 Report to Council L11/00 Subject: Bill 108, The Streamlining of Adminiistration of Provincial Offences Act March 8, 2000 Page 2 EXECUTIVE SUMMARY: Bill 108, The Streamlining of Administration of Provincial Offences Act, 1997, provides the framework for the transfer of responsibility of the Provincial Offences Act ("POA") administration and prosecution matters from the Province to the municipalities. In June, 1998, a POA Task Force (the "Task Force") was formed with representatives from all municipalities in Durham and one from the Region of Durham. The purpose of the Task Force was to gather information and to explore the possibility of a coordinated approach among the eight municipalities and the Region. The Task Force retained PSTG Consulting (the "Consultant") to provide a comprehensive review of the nature and operations of the POA administration for Durham (the "Oshawa Court Service Area") and to provide recommendations regarding the preferred service delivery option and revenue sharing. The Consultant's Final Report (the "Report") was submitted on January 31, 2000 and recommends: that the Region of Durham be the Service Provider for the Oshawa Court Service Area; and · a formula for revenue sharing. It should be noted that, the City of Oshawa does not concur with the Consultant's recommendation for the Service Provider. In light of this, the Consultant sets out in the Report: "If the POA Task Force cannot reach agreement on the preferred POA Service Provider, it is recommended that their moving forward action be to prepare and release an internal tender for the interested potential Service Providers to bid. An independent, objective third party would be required to manage the process." The Consultant further advises that if the Mun~icipal and Regional Councils cannot reach a consensus respecting the Service Provider, the Ministry may select a Service Provider from a neighbouring site that has already implemented the transfer (i.e. York Region). The Ministry of the Attorney General ("Ministry") will accept only one submission from each Court Service Area and intends to complete all POA transfers by March, 2001; submissions should be delivered to the Ministry, at the latest by September, 2000. Once a Service Provider is determined every municipality, including the Region of Durham, as well as First Nations, will be required to enter into an Intermunicipal Service Agreement ("ISA"). This ISA wi[Il, among other things, detail the distribution of revenue, the arrangements regarding facilities and technology and establish a Joint Board o,f Management (made up of representatives from the municipalities and the Region) that will monitor the performance and activities of the POA operations. BACKGROUND: At the present time, the Ministry administers 'the Provincial Offences Courts in Ontario and retains Report to Council L11/00 Subject: Bill 108, The Streamlining of Administration of Provincial Offences Act March 8, 2000 Page 3 There are three procedural "streams" under the POd affected by the Transfer: Part I - Minor Regulatory Offences Administrative, prosecutorial and court support functions for Part I offences (regulatory ticket offences - including speeding under the Highway Traffic Act); Part II - Parking Infractions Administrative, prosecutorial and court support functions for the remainder of Part II offences (parking tickets) not currently administered by municipalities; and Part III - Serious Re--Offences £which a court a_p__pearance is mandatory) Administrative and court support functions for Part III offences, which are offences arising from more serious circumstances, and/or where no set fine exists for the offence and to which a court appearance is mandatory. It should be noted that certain Provincial ministries will continue to prosecute some Part I and Part III charges. The Transfer does not affect existing municipal prosecutorial functions, i.e. City of Pickering's Part II (Parking) and Part III (by-law offences) will not be affected by this transfer; all revenue collected will continue to be retained by the City. In 1998, the Task Force was convened for the Oshawa Court Service Area to review and examine the information provided by the Ministry. The Task Force was comprised of one representative from each of the eight municipalities and one representative from the Region. Pursuant to an RFP process, the Task Force retained a Consultant to provide a comprehensive review of the nature and operations of the POA administration for Oshawa Court Service Area and to provide recommendations regarding the preferred service delivery option and method of revenue sharing. Service Provider Options The Consultant reviewed each municipality's ability and willingness to provide this service. The following options were examined: · Region of Durham · City of Oshawa · City of Pickering · Region of Durham together with either Pickering or Oshawa · Pickering and Oshawa (joint) · Private Sector firm The Consultant evaluated each option based on operational efficiency and effective performance. The quantitative evaluation resulted in the Region of Durham achieving the highest score, with the Region and Oshawa/Pickering being second, Oshawa as third and Pickering as fourth. All members of the Task Force, with the exception of Oshawa, are in agreement that the Region of Durham should be the Service Provider. Revenue Estimates Gross annual revenue estimates for the year 2000 are approximately $5,990,083.00. Gross annual revenue is projected to be approximately $7,645,032.00 by the year 2005. Report to Council L 11/00 Subject: Bill 108, The Streamlining of Administration of Provincial Offences Act March 8, 2000 Page 4 The Consultant examined various options of revenue sharing with a view that the Service Provider would receive no more or less than if it was not the Service Provider. This would minimize the competition between the municipalities to be the Service Provider. The Service Provider would be compensated for providing the service (thrt>ugh a management fee) and the balance would be distributed based upon the revenue distribution model determined in the ISA. The Consultant recommends a management fee of 36% be paid to the Service Provider from the net revenues received. The Consultant advised that this method was used in most of the pilot POA transfer sites and given the uncertainty of the costs and revenues in the first year of operation, a management fee of 36% should provide 'the optimal solution. The Treasurers involved in considering the revenue sharing models did not disagree with this position. The Consultant recommends the "Stratified Equal Share" option for revenue distribution (5th option). This option provides that all of the urban municipalities (Pickering, Ajax, Whitby, Oshawa, and Clarington) as well as the Region of Durham would each receive 15% of the net revenue and the ' northern municipalities (Uxbridge, Brock, Scugog and First Nations) would share 10%. The Task Force presented the five options to the Area Treasurers for their review and consideration. Seven of the eight Area Treasurers and the Treasurer of the Region concluded that the five options for revenue sharing including the recommended "Stratified Equal Share" option were not acceptable and endorsed another option, namely that net POA revenues, after payment of costs to the Service Provider, should be split 50% to the Region and 50% to the area municipalities. The area municipalities' share would be distributed amongst the eight lower tier municipalities based upon taxable assessment. This option also allows for the benefits of the Regional share to flow back to the local taxpayers of each area municipality based upon taxable assessment. The Treasurer for the City of Picketing ini.tially advocated the "Regional Tax Levy" (2nd option) approach, even though it provided slightly less revenue for Picketing. As a result, advocating the 50.'50 approach was relatively straight forward as it was the option that would provide the fairest approach for all partners. Note: The City of Oshawa does not endorse the recommendation made by the Area Treasurers, preferring the Stratified Equal Share option recommended by the Consultant. In addition to collecting future revenues, each municipal partner will receive the accumulated net revenue for its area held in trust since January 1, 1998. Municipalities will receive these funds at the time the transfer agreement is finalized. The accumulated net revenue will be shared among municipalities within the Oshawa Court Service Area according to the terms set out in the ISA. The:re are approximately $2,000,000.00 in POA revenue being held on account at the Region for the 1997/1998 year end and there will be additional POA revenue attributable to the Oshawa Court Service Area for the years ending 1998/1999 and 1999/2000. Costs The projected operating costs for the year 2000 is approximately $2,162,000.00. These costs include salaries/benefits; facilities; additional courtroom and support; technology and provincial chargeback costs. There will also be transitional costs of approximately $500,000.00 incurred in the transferring the POA administration from the Province to the Oshawa Court Service Area's designated Service Provider. Such costs may include space acquisition; office equipment; supplies; etc. There may also .... .~.a:,:__~ ~^,,,o C .... rmirino technoloev for "mobile" data input by enforcement agencies. (While Report to Council L11/00 Subject: Bill 108, The Streamlining of Administration of Provincial Offences Act March 8, 2000 Page 5 097 Conclusion We recommend that Council support the Region of Durham as the Service Provider. We further recommend that the revenue sharing option favoured by the seven Area Treasurers and the Treasurer for the Region be supported. Once a Service Provider is determined, every' municipality, including the Region of Durham will be required to enter into an ISA. This ISA will, among other things, detail the distribution of revenue, the arrangements regarding facilities and technology and establish a Joint Board of Management (made up of representatives from the municipalities and the Region) that will monitor the performance and activities of the POA operations. It should be noted that if Municipal and Regional Councils cannot reach a consensus respecting the Service Provider, the Ministry may select a Service Provider from a neighbouring site that has already implemented the transfer (i.e. York Region). Please note, all background documentation relating to this matter has been sent to Council under separate cover for information purposes. ATTACHMENTS: 1. Revenue Sharing Option Chart as recommended by the Area Treasurers and Regional Treasurer. Prepared By: Approv~ d / Endors.e~ By: Jane -' ' ~ Gillis A. Paterson Attachments Copy: Chief Administrative Officer City Clerk Director, Operations and Emergency Services Director, Planning and Development CityRec°mmendedcou/n/eil//'-"Nf°r the consideration~ ,, .,,°f Pickering~ I ~eh~a's J. (D6inn, ~ief Ad~ / ATTACHMENT # I_]__._ TO P, EPOP, T ,.~,( OF Plo., 09.9 RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Report to Council L17-00 concerning the renaming of Nuthatch Street, be received; and That Council authorize the City SoUcitor to commence the process to change the name of Nuthatch Street to Kodiak Street. 100 REPORT TO COUNCIL FROM: Jane Burton City Solicitor DATE: March 30, 2000 REPORT NUMBER: L 17-00 SUBJ-ECT: Nuthatch Street - Street Name Change - Part Lot 20, Concession 8, Pickering, designated as Part 5 on Plan 40R-18149 - and Part 7 on Plan 40R-17520 - File W2306.44 RECO'MMENDATION: A Resolution should be passed authorizing the City Solicitor to commence the process to change the nmne of Nuthatch Street to Kodiak Street. ORIGIN: Request from City Council. AUTHORITY: MunicipalAct, R.S.O. 1990, c.M.45, s.210.111. FINANCIAL IMPLICATIONS: Advertising Costs - Community Page Munici[pal Property and Engineering installat!ion of new signage (Approximate) Signage Budget - 2320-2409 (Not a budgeted Item) Nil $100.00 EXECUTIVE SUMMARY: Not applicable BACKGROUND: On October 4, 1999, Council enacted By-law 5562/99 naming a portion of Part Lot 20, Concession 8, Pickering, (Part 5, Plan 40R-18149) "Nuthatch Street". That By-law was registered on October 13, 1999. On December 20, 1999, following a request by staff for enactment of another by-law which would effectively name the remaining portion of Part Lot 20, Report to Council L 17-00 Subject: Street Name Change Date: March 30, 2000 Page 2 I01 During the process of finding a replacement name for Nuthatch Street, a subsequent listing was submitted to the Region reflecting names that, once approved, would form part of the City's Street Name Reserve List. As the Region did not approve any of the names submitted for the purpose of renaming "Nuthatch Street" and as the timing of this renaming is crucial to minimize the disruption to residents having homes built on the lots affected by this name change (occupancy scheduled for early spring), the name "Kodiak Street" was taken from the Reserve List approved by the Region for Pickering. If Council finds this name to be satisfactory, the process to change the street name from Nuthatch Street to Kodiak Street must be implemented pursuant to the Municipal Act. This process includes giving Notice of the name change in a local newspaper for four consecutive weeks and enacting a by-law authorizing the name change. Council should note that the Notice gives residents affected by the name change the opportunity to address Council respecting any objections they may have prior to the enactment of the by-law. Once a new by-law is enacted, it must be registered to effect the name change. It is recommended that Council pass a Resolution authorizing the City Solicitor to initiate the process to have the street named "Nuthatch Street" changed to "Kodiak Street". ATTACHMENTS 1. Location map/Site Sketch. Prepared By: De~nis~e~ Approved / Endorsed By: Jane Attachments Copy: Chief Administrative Officer Director, Planning and Development Recommended for the consideration of Picketing ~C}ty C~r-.~ it T~8~ J. Qui~, C~eYA~st~~cer STREET ROAD CENTRAL STREET lane c~OF RECOMMENDATION OF THE EXECUTIVE COMMITTEE DATE MOVED BY SECONDED BY That Mayor Arthurs be authorized to make the following proclamation: "Composting Awareness Week 2000" - April 30th -- May 6th "National Kids' Day - June 10th, 2000 Recycling ResouPce S TEL:l-~16-~I20-5625 MaP 27~00 12:01 No.O03 P.O:I 27/ZOO0 AS I ~im unal:,J.c to') attcnc] any Apr.'il coun(:.~.i t m,.-,.t.,.Lil:9~ wJ 1 1 you p' ,.~ase cn.~ure thai. ' , · wiJJ b(:: dt-:laj..ed i. ri cou.r,c':il. Th~': I'/ee.k ia £rom May 6t;.1', ,al'j¢' ;is spor~,.qoj..el:] by t:l"~' C'°lll]'~o-~I:.i. n9 Thc 1.heine this year ';._w ~Tl-m Puturc ,qf.~rt-s l!'¢:,j' ft'J.'tJ'~(-~-detaiJ.q about; t.he week arid ]:,.lan~.: for ~76~'i11' .~head, vi.-.;it Tha Coml::,ost. in,~ Count:il (:'f Canada's wel).~:ik,-:;wtv~.compost..or9 o]- ca]J 436-535-0240. ]"f':,'haps you cou.ld p.leasc .,],~;¢.k with ,. t SO,'"' i.f ;-~rly 9.',7¢Jril.s £or J.Jlat. week ]'lay(k: b~::r~.l-I t}'l¢:y I:;.-tIj bi:: ,:~flllOlillOad[ tOO. Thar~k ymi. City of Pickering Proclamation Nationa! Kids' Day June 10, 2000 WHEREAS: National Kids' Day/The Smile Trust has been established to celebrate and help Canada's children. It is a day for the Canadian public, corporations, governments and associations to recognize the special place children hold in our society and raise funds for our children in need.. WHEREAS: National Kids' Day/The Smile Trust's goal is to provide funds for financial support of children's charities and to develop a link with schools through websites, study programs and other means to seek children's, counsel and to educate them about the need to give back to the community, volunteer and support charities. WHEREAS: Members of National Kids' Day/The Smile Trust include concerned associations, corporations and organizations who are leaders in their fields. WHEREAS: On Saturday, June 10, 2000, The Smile Trust is celebrating the 3ra Annual National Kids' Day across Canada to recognize and help Canada's children. NOW THEREFORE: I, ., Mayor of hereby proclaim June 10, 2000 to be National Kids' Day in and urge all residents to join in celebrating children on this day. ~ do Signed: