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By-law 3154/89
THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3154/89 Being a By-law to amend Restricted Area (Zoning) By-laws 2511, 2520, 3036 and 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham within the boundaries of the Town of Picketing. (A 16/89 ) WHEREAS the Council of the Corporation ol the Town of Picketing deems it desirable to delete golf courses as a use permitted as-of-right; AND WHEREAS amendments to By-laws 251l, 2.520, 3036 and 3037, as amended~ are therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: I. TEXT AMENDMENTS: BY-LAW 2Jll (l) Section 20.1.1 of By-law 2.511 is hereby amended by deleting the term "golf courses" from it; (2) Section 20.l.3 of By-law 2.51[ is hereby revoked. 2. TEXT AMENDMENTS: BY-LAW 2`520 Section 1.5.1.1 of By-law 2.520 is hereby amended by deleting the term "golf courses" from it. 3. TEXT AMENDMENTS: BY-LAW 3036 Section 16.1.1 of By-law 3036 is hereby amended by deleting the term "golf course~ driving range" from it. TEXT AMENDMENTS: BY-LAW 3037 (l) Section 5.[6 of By-law 3037 is hereby amended by deleting the sentence "Private parks including a country club, a golf course, or driving range~ and similar outdoor activities may be created and used for commercial purposes in the Rural Agricultural 'A" Zone." from it and substituting the following sentence therefor: "Private parks (excluding a country club, a golf course~ a driving range, and similar outdoor activities) may be created and used for commercial purposes in the Rural Agricultural 'A" Zone." (2) Section 13.1.1 of By-law 3037 is hereby amended by deleting the term "golf courses, driving ranges" from it. -2- EFFECTIVE DATE This By-law shall take etlect [rom the day of passing hereo~ subject to the approval oI the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 2nd DAY OF October , 1989. READ A I'ttlRD TIME AND PASSED THIS 6th DAY OF November , 1989. WAYNE E. AR ,U $ // ~ ~eRK ~ ~ BRUCE J. TABOR TOWN OF PICKERING APPROVE9 AS TO FOR~i RECEIVED JUN 16 1994 TOWN Of PICKERING PLANNING DEPARTMENT DB/ FOLIOS� E...�. parka ISSUE DATE � R 900027 JUN 13 1994 0 920002 Nay 31 6'41'" Ontario OBS '9 - FOLOI 33a_ Ontario Municipal Board Commission des affaires municipales de l'Ontario IN THE MATTER OF Section 34 ( 18) of the Planning Act, 1983 AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 3154/89 and 3155/89 of the Corporation of the Town of Pickering O.M.H. File No. R 900027 - and - IN THE MATTER OF Section 17( 11) of the Manning Act, 1983 (k AND IN THE MATTER OF a referral to ��'✓✓ this Board by the Honourable Minister of Municipal Affairs, on a request by Patricia Hoy, Gregory ,,� Hoy, Fred Beer and others for • consideration of Proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham Minister' s File No. 18-OP-0010-263 O.M.B. File No. 0 920002 • B E F O R E : D. M. ROGERS ) Wednesday, the 22nd day Member ) of July, 1992 THESE MATTERS HAVING come on for public hearing this day, and after the hearing: j" THE BOARD HAVING been advised by the eorporation , of the Town of Pickering that the site plan agreement between the Town of Pickering and Cornelius Degraauw has been registered on title to the Degraauw property; THE BOARD ORDERS THAT Amendment No. 263 to the Official Plan is hereby approved; „ . . - 2 R 900027 0 920002 - AND THE BOARD ORDERS that the appeal against By-law 3154/89 is - , dismissed; , ] 'THE BOARD ORDERS FURTHER that the appeal against By-law 3155/89 is allowed in part, and By-law is amended as set out in Schedule "A” attached hereto and forming part of this order. AND THE BOARD ORDERS that in all other respects the appeals are dismissed. 7_7 ,/ • SECRETARY (1) ; • 1 • • Schedule ' A * to the order of KL*454..c' the Ontario Municipal Board made on the 22nd day of July 1992 on© o Ontario Municipal Board • Commission des affaires municipales de ('Ontario • THE CORPORATION OF THE TOWN OF PICKERING RING BY-LAW NUMBER 3165 199 Being a By-law to amend• Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of . Durham in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concesion 7, and Prt of Lots 11 and 17, Concession 8, in the Town of Pickering. (A 16/89) Y WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to establishappropriate golf course zoning for existing and permitted golf course 'facilities on lands being Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of Pickering; . ANDWHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF ,..- PICECER.ING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession and Part of Lots 11 and 17, Concession 8, in the Town of Pickering, �'' designated'A/GC'or"02/GC'on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or " structurally altered except in conformity with the provisions of By-law 3037 as amended hereby. 4. DEFINTIIONS • In this By-law, "Golf Course" shall mean an area of land and any ancillary building, structure, or partthereof, operated for the purpose of playing golf and includes any associated recreational facility, such as a club house. snack bar, dining room, lounge, swimming pool and racquet sport court, operated in conjunction therewith. . 5. PROVISIONS (1) (a) Uses Permitted ("A/GC"Zone) No person shall within the lands designated "A/GC" on Schedule I attached 1 hereto use P',y lot or erect, alter or use any building or structure for any purpose except the following: • (i) any use permitted by section 6.1 of By-law 3037; i (ii) a golf course. -2- (b) Zone Requirements ("A/GC'Zone) No person shall within the lands designated "A/GC" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) for those uses permitted by section 5.(1)(a)(i), above, the provisions of section 6.2 of By-law 3037; (ii) for golf courses, the provisions of section 6.2.4 of By-law 3037. (2) (a) Uses Permitted ("02/GC' Zone) - No person shall within the lands designated "02/GC" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) any use permitted by section 13.1 of By-law 3037; (ii) a golf course. (b) Zone Requirements ("02/GC"Zone) • No person shall within the lands designated "02/GC" on Schedule I attached • hereto use any lot or erect, alter or use any building except in accordance with section 13.2 of By-law 3037. 6. 13Y-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the lands designated "A/GC" or "02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law isguilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than 520,000; and (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the date of approval by the Ontario Municipal Board. ` I N.Y. AMU 0/ LOT 1L. CON I • 694.3■ 0 e CC02/GC 196.0■ .. A 0 195.9m 0 Q m t a o 094.3a PAGE 1 OF 6 . . : .... -,., 1 • I , 1 . . . . 1 . I . / .. 1 . . 1 • . I . • 1 . 1 4 . 1 , . I . I 1011.11a . 0 0 . g cl: .4 A N 0.4 . .... . . 1 .• I 179.8a 1 1 . 444.,.... 396.24 12.1m A, A/GC ....114.7.1 .4............. ..i. , , . 1 Z14 . 2.41Mimnr , I W , 399.2. 1 ..J 0 tD . . 1 . . I . -.• . •'( 1 . , ..—.. ' 1 . 1 . ., 1 .. S . 1 . • , . 1 . 02/G C 01 sci 4" . • . , I I . • , . 1 • . , , 1 . . • . , (-_-) I • I •, , , t i . i I , , . . 1 . . , I . • 1 $03.1. . , . • , . . . , . . . . 1 . . . I .. k ! . I 1 , I i ' I i 1 1 - • 1 i . • i 1 1 PAGE 2 OF 6 • 1 . . i . . . 1 . • 1 . • •03.1• rww./ A/GC '" a p # N. N' lee- S !7.fw 7111.60 SEVENTH CONCESSION ROAD PAGE3OF6 • 1 I I N I . I , 1S. s S.o. . J a i 102.1m X . I II I 1A/GC Y 2 0 a I 0 H 102.1. S 1 0 2 t I 1 i 2 aa i d , . i ,' o i , 1 i n ,� i. q /i �I i i I i i i/ • i /: (1!'' ( 4 O.M. ANGLE OF ;b� ,4 LOT 34. CON.7 7 1/ i i 1 , i / 17o.On. ,� ~VE SEVENTH CONCESSION ROAD I 1 i 1 I i 1 PAGE4OF6 1 N 1 • 1 , 396.0m I , AGC (111 ` L0117. CON.• 300.1m EIGHTH CONCESSION ROAD . . I • PAGE 5OF6 • • 5 N°• Rood Re9`O`'° • Port 1, 40R-11358 a . A/GC C l . N ( SCHEDULE I TO BY—LAW -3/551/49' AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED (O.M.B. FILES: 0920002, R900027) PAGE 6 OF 6 • TOWN OF PICKER' APPR0V':0 • AS TO FORM . • LEGAL SERvICES r .o* Ai at *Wit March 4, 1994 PICKERING The Corporation of"'a Ontario Municipal Board Town of Pickering RECEIVED Legal ServicesSuite 1500 (416)t20.4626 655 Bay Street MAR 4 1994 Pickering Civic Centra Toronto Ontario Picketing,Ontario On.T1» Ontario Esplanade ' TOWN OF PICKERING Canada,L1V 6K7 M5G 1E5 PLANNING DEPARTMENT (416)420.2222 (416)66.7.2760 Fax(416)420.0515 Attention: Neil Palmer Legal services Fax Number (905)420-7648 Subject: OMB Files R900027; 0920002 - Pickering Zoning By-laws 3154/89 and 3155/89 (C. DeGraauw, Appellant) - Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters) - Our Files: L939104 (L) and S9302 (L) On the day set for the hearing of these matters (May 20, 1992), the solicitors for the persons granted Party status executed Minutes of Settlement on behalf of their clients. Those Minutes contained, among other provisions,the following: 1. Patricia Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne, Lorne Almack and The Pickering Conservation Association (also known as the Pickering Rural Association)withdraw their requests for referral of proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham. 2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so that it provides for the inclusion of the DeGraauw property, as set out in Schedule A hereto. 14. The Board will be requested to withhold the issuance of all its orders hereunder until Pickering advises the Board that the Site Plan Agreement between DeGraauw and Pickering has been registered on title. If such registration has not occurred by December 31, 1992,the Board may be spoken to upon seven clear days notice to all parties. In its decision dated July 22, 1992, the Board agreed that orders should issue approving proposed Durham O.P.A. No. 263, dismissing the appeal against Zoning By-law 3154/89, and allowing the appeal against Zoning By-law 3155/89 insofar as it ought to be amended to include the DeGraauw property. The Board provided, however, that its order would not be issued until the Town's Solicitor advised the Board in writing that the site plan between DeGraauw and the Town had been registered on title to the DeGraauw property. On October 5, 1993, the Board heard submissions from Mr. Fred Beer respecting Mr. DeGraauw's failure to have the site plan submission and approval process completed in - time tohave a Site Plan Agreement registered by December 31, 1992. The Board -4 consequently set November 30, 1993 as the final date for the site plan to be finalized, registered on title and delivered into the Board's hands. - r The events that have occurred since that time are as follows: r • November 16, 1993 Final Site Plan Approval granted • November 22, 1993 Site Plan Agreement executed • December 8, 1993 Site Plan Agreement registered on title • January 26, 1994 Agreement Postponing Second Mortgage registered on title The first mortgagee on title to the DeGraauw lands executed the Site Plan Agreement on November 22, 1993; the existence of:a second mortgagee was not identified until immediately prior to the registrationof the Site Plan Agreement, requiring preparation of the Agreement Postponing Second Mortgage, and the forwarding of that.document out of the country for execution. Enclosed herewith is a copy of the approved Site Plan, a copy of the registered Site Plan Agreement, and a copy of the registered Agreement Postponing Second Mortgage. The Town is now satisfied that Mr. DeGraauw has complied with the site plan provisions of the Planning Act and suggests that he has complied with the spirit and - intent of the Board's decision dated July 22, 1992, and endorsement dated October 5, 1993. The Town therefore respectfully requests that the Board orders be issued accordingly. Yours very truly C. M. Timothy Sheffield Town Manager/Town Solicitor CMTS:dat Enclosures Copy(without enclosures)for: Director of Planning(Town of Pickering) • , Zen Makuch,Solicitor for Hoy,Beer,et al Kate MacGregor,Solicitor for Regional Municipality of Durham Ron Hawkshaw,Solicitor for Cornelius Degraauw Fred Beer �U� cc ‘• itel DB# ] FOLIO#rami j a„ti JAN 25 1994 - a R g;l9r. ......41 Eel JAM2 14 Pry r��✓Fn DECISION ISSUE DATE Ontario To�r�: Oh Pf(:t:�Pi"!G Ontario Municipal Board Nt�K�?t,y� ; ,� 2 7 iJ j,f Commission des affaires municipales 4ei 3 otrwig CLERK'S DEPT .r.. RECEIVED IN THE MATTER OF Section 34( 18) of the Planning Act, 1983 '! -1 AND IN DHE eGrasuw ER OF an agains appeal pZoning P AN` N or r NIN(.; f,EPAR1MI yr By-laws 3154/89 and 3155/89 of the Corporation of the Town of Pickering OMB File No. R 900027 IN THE MATTER OF Section 17( 11) of the Planning Act, 1983 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on a request by Patricia Hoy, Gregory Hoy, Fred Beer and others for consideration of Proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham Minister' s File No. 18-OP-0010-263 • OMB File No. 092002 COUNSEL : Timothy Sheffield - for Town of Pickering Andrew Allison - for Durham Region DISPOSITION as endorsed on Hearing Sheet dated October 5 . 1993 The Board heard statements from Mr. Sheffield and Mr. Beer (his statement filed as Exhibit 1) . Mr. Sheffield advised the Board that negotiations are proceeding and the site plan will be signed and registered on title by November 1993. The Board therefore sets November 30, 1993 for the final date for the siteplan to be finalized, registered on title and delivered into the Board' s hands . As to Mr.Beers request that the Board stop construction the Board can only say that that is a matter for the local municipality to deal with through its planning and works departments . Also with regard to Mr. Beer' s suggestion that the Board consider the contents of the site plan, the Board can only say that - 2 - R 900027 O 920002 - r is not an issue before the Board at this time. It also is a matter to be dealt with and agreed upon by the Town and the applicant. , Upon submission of evidence of registration of the site plan, the Board' s Order will issue to dismiss the appeal and approve , proposed Amendment 263 . / .. E.F. CROSSLAND MEMBER 1_ - f • I N VVE. Nualmv Ontario Ontario 180TorontoDun,dasOntario Street West Municipal M5G 1E5 Board 180, rue Dundas ouest Toronto(Ontario) Commission des M5G 1E5 affaires municipales (416)598-2266 de ('Ontario FAXITalacopieur (416)979-8808 4 Please respond to:Neuillez acrire a: If March 26, 1993 C. M. T. Sheffield Town Solicitor Town of Pickering RECEIVE D Legal Department Pickering Civic Complex MAR 29 1991 One the Esplanade Pickering, Ontario TOWN OF PICKFAING L1V 6K7 PLANNING DEPARTMENT Dear Mr. Sheffield: • RE: O.M.B. File No. (s) 0920002, R900027 By-laws 3154 89, 3155/89, OPA 263 Your File L9 4 I am writing further to your letter of November 25, 1992 . Please advise the Board as to any progress made in the Site Plan Agreement for this property. The Board will continue _to hold this matter in abeyance. If you should have any questions with respect to this matter, please do not hesitate to contact me. Yours truly, Neil Palmer Caseworker Planning c.c. Ronald Hawkshaw Bruce Taylor, Town Clerk Catherine Rose, Pickering Planning' Corky Degraauw • V November 25, 1992 Ontario Municipal Board - 180 Dundas Street West Toronto, Ontario M5G 1E5 Attention: Mr. N. Palmer '.. Subject: O.M.B. Files 0920002, R900027 - Pickering By-laws 1-154/8 3155/89; Proposed OPA 263 • - Our File L939104 (Legal Services) Further to your letter of November 18, 1992, this is to advise you that the Site Plan Agreement herein has not, as of this date, been registered on title to the DeGraauw property. At this time,. no such Agreement has been entered into, although discussions are continuing with DeGraauw with the hope that such an Agreement will be entered into and registered prior to the end of 1992. We trust this is satisfactory. Yours very truly C. M. Timothy Sheffield • Town Solicitor CMTS:dat LTR 1209 cc: R. Hawkshaw Pickering Town Clerk / Pickering Director of Planning ✓ a �. „4a NS 9D F 34/5 R 900027 0 920002 14241 Ontario Ontario Municipal Board Commission des affaires municipales de I'Ontari RECEIVED ,_1(11_ 2 4 IN THE MATTER OF Section 34(18) of TOWN OF rIcKU the planning Act, 1983 PLANNING, D;_i'Arsr AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 154 _81 and 3155/89 of the Corporation of the Town of Pickering OMB File No. R 900027 IN THE MATTER OF Section 17(11) of the planning Act, 1983 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on a request by Patricia Hoy, Gregory Hoy, Fred Beer, and others for consideration of Proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham Minister's File No. 18-OP-0010-263 OMB File No. 0 920002 COUNSEL : K. I . MacGregor - for Regional Municipality of Durham Ronald J. Hawkshaw - for Cornelius DeGraauw Timothy Sheffield - for Town of Pickering DECISION OF THE BOARD delivered by D. M. ROGERS This matter came before the Board on the 20th day of May, 1992 and was adjourned for some period while the parties attempted a settlement and subsequently they were successful in filing with the Board Minutes of Settlement executed by the solicitors for all parties. The Board agrees that an order issue approving Amendment No. 263 for the Official Plan for the Regional Municipality of Durham ( 1976) in the form attached hereto as Schedule 'A' and which will order the dismissal of the appeal against Zoning By-law No. 3154/89 of the ^ � J ,r N - 2 - R 9000'27 0 920002 Corporation of the Town of Pickering and further allow the appeal against By-law 3155/89 of the Corporation of the Town of Pickering which said by-law is hereby amended to provide as set out as Schedule 'B' hereinto attached. It is further agreed that the Board order will not issue until the Solicitor for the Corporation of the Town of Pickering advises the Board in writing with copies, indicated to be forwarded to all counsel, that the site plan agreement between DeGraauw and the Town of Pickering has been registered on the title to the DeGraauw property. DATED at TORONTO this 22nd day of July, 1992. 7 ."/ ' . M. ROGERS MEMBER r r • • , k * 4 can j=3 Nonni� Ontario Ontario Municipal Board Commission des affaires municipales de ['Ontario OMB Files 0920002 t, R900027 r:r `!. SCHEDULE 'A' t- ,( • IN THE MATTER OF Section 17(11)of the Planning Act, 1983 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on a•request by Patricia Hoy, Gregory Hoy, Fred Beer and others for consideration of Proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham (Minister's File No. 18-P-OO1g 263: OMB File No. 0920002) RECEIVED THE ONTARIO • MUNICIPAL BOARD • ;. • and JUN 4 1992 AM PM IN THE MATTER OF Section 34(18)of the Planning Act, 1983 71819110111112111213141516 AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 3154/89 and 3155/89 of The Corporation of the Town of Pickering (OMB File No. R900027) • MINUTES OF SETTLEMENT • The Parties hereto agree as follows: 1. Patricia. Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne, Lorne Almack and The Pickering Conservation Association (also known as the Pickering Rural Association) withdraw their requests for referral of proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham. 2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so r . that it provides for the inclusion of the DeGraauw property, as set out in Schedule A hereto. 3. Any clubhouse to be erected on the beoiaauw.property shall be used primarily for golf course patrons in accordance with By-law 3155/89. :. ±:••• 4.(a) DeGraauw shall install a six foot chain link fence with no trespassing signs attached along the common boundary of the DeGraauw and Hoy properties adjacent to the active golf course area at DeGraauw's expense. (b) DeGraauw shall not erect any neon sign on or adjacent to the DeGraauw property. 5. DeGraauw shall rectify off-site migration of water onto the lands immediately south of the DeGraauw property at DeGraauw's expense to the satisfaction of the adjacent landowner. I 6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the Environment as set out on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs, set out as Schedule B hereto. 7. DeGraauw shall undertake not to enter into any activity which adversely affects the wells of neighbouring landowners. • 8. I DeGraauw shall install, if required by the Ministry of the Environment, metering devices on zany water sources for irrigation purposes. 9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural Resources respecting protection of wetland area and the stream on the DeGraauw property. • • _ a ' 2 - y " S 10. DeGraauw shall satisfy the concerns of the Region of Durham Works Department respecting entrance locations and configurations. 11. DeGraauw shall undertake to minimize disturbance or interference with wildlife and plant species. I 12. DeGraauw shall take steps to ensure that pesticide, herbicide, and fertilizer used in the golf course operation will be undertaken in a manner which has regard for environmental and human health concerns. 13. Pickering shall ensure that the chain link fence and signs referred to in 4(a) above, the sign prohibition referred to in 4(b), above and the entrance locations and configurations referred to in 10 above, shall be implemented through the site plan approval process under section 41 of the Planning Act. 14.„ The Board will be requested to withhold the issuance of all its orders hereunder until Pickering advises the Board that the site plan agreement between DeGraauw and Pickering has been registered on title. If such registration has not occurred by December 31, 1992, the Board may be spoken to upon seven days clear notice to all parties. 15. No party shall seek an order for costs to and including May 20, 1992. DATED AT PICKERING,May 20, 1992. • Zen Makuch,Solicitor, on behalf of Patricia Hoy,Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne, Lome Almack, Pickering Conservation Authority(Pickering Rural Association) •tZtti Lid / •Kate MacGregor, Solicit• Regional Municipality of Durham • - . - � on E! aw,Solicitor fo ornelius DeGraauw �.•. C Tim Sheffield, Solicitor for Town of Pickering • • • k n . . . . . =_ 0 920002 4IC R 900027 Ontario Ontario Municipal Board • Commission des affaires municipales de ('Ontario ori f, ,j . ••• IE CORI'ORATION •OF TIIL TOWN or PICKERING • BY LAW NUMBER '3165 /B 9 Being a By-law to 'amend: Restricted Area (Zoning) By-law 3037, as amended, to implement the..Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of'Lots 17 and 18,Concession 3,Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34,Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of Pickering. (A 16/89). • —. ;,a!• • . , • • WHEREAS the Council of the.Corporation of the Town of Pickering deems it desirable to establish appropriate.golf course zoning for existing and permitted golf course facilities on lands being Part of Lots 17.and 18, Concession 3 Part of Lots 29 and 30,Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of Pickering; •: • AND WHEREAS an amendment to By-law 3037,as amended,is therefore deemed necessary; I ' NOW THEREFORE.'THE COUNCIL of THE CORPORATION OF 111E TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS:, 1. SCHEDULE , I • . i' :, . . 'Schedule I.attached hereto with notations and references shown thereon is hereby . , declargd to be part of this By-law. 2. AREA RESTRICTED I The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18, Concession 3,•Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7 and Part of Lots 11 and 17, Concession 8, in the Town of Pickering, designated"A/GC"or"02/GC'on Schedule I attached hereto. • 3. GENERAL PROVISIONS . No building, land or part thereof shall hereafter be used, occupied, erected, moved or �•-- structurally altered except to conformity with the provisions of By-law 3037 as amended j hereby. .. '•... '. 4. DEFINITIONS • In this By-law, "Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the.purpose of playing golf and includes any associated recreational facility, Such•as'a,club house, snack bar, dining room, lounge, swimming pool and racquet sport court;;oN.pehlled iri conjunction therewith. • S. PROVISIONS ,....: :V't.%5;��,l,.;;t;t�. ii.;r;-,1,..;:. (1) (a) Uses Permitted("A/GC"Zone) �.,i''• •i: •til.• • No person'shall within the lands designated "A/GC" on Schedule I attached hereto use e',y lot or erect,altrir or Use any building or structure for any purpose .except the following: = ....-.4's • (i): any use permitted• ,by section 6.I of By-law 3037; . I • • 1 (ii) a golf course. • • - . • -2- 44a . I (b) Zone Requirements ("A/GC"Zone) No person shall within the lands designated "A/GC' on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: • (i) for those uses permitted by section 5.(1)(a)(i), above, the provisions of section 6.2 of By-law 3037; (ii) for golf courses, the provisions of section 62.4 of By-law 3037. (2) (a) Uses Permitted("02/GC'Zone) No person shall within the lands designated "02/GC' on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) any use permitted by section 13.1 of By-law 3037; • (ii) a golf course. • (b) Zone Requirements("02/GC"Zone) • No person shall within the lands designated "02/GC" on Schedule I attached • hereto use any lot or erect, alter or use any building except in accordance with • section 13.2 of By-law 3037. l . 6. $Y-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the lands designated "A/GC" or "02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than$20,000; and • (b) on a subsequent conviction to a fine of not more than S10,000 for each day or J part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and more than for each dayor part (b) on a subsequent conviction a fine of not $25,000 thereof upon which the contravention has been continued after thdaon which the corporation was first convicted; and not as provided in subsection(1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. J3FFECITVE DATE . This By-law shall take effect from the date of approval by the Ontario Municipal Board. • 4 • - 3 - • . • • • N.Y. AmL[ O► LOT IS. CON I • • • 504.0m • • O ' A 02/GC • •• • 106.Om• .�'. . 0 105.0m . • X •U O Q 0] O . O w 594.3m • • • • • • PAGE 1 OF 6 ' I I4 4 - N . cr /di:4/ . ii • O 1011.8og i s7o.s. 12.10 306.2a S. A/GC 112.7o 1 u. I 355.2. I J 0 1 i o 02/Gd N b m N n P. 1 4 503.1• 1 1 PAGE 2 OF 6 I I s • i• - 5 - 1 • .os•,. • A/GC\ftl +>>.� Seco. 0 ler 17.Ile 721.la y ►+ I SEVENTH CONCESSION ROAD __ • I . t � PAGE 3 OF 6 t • I .! 4• J • '• 6 — .• I111 300.111i 102.lat in • A/GC • • . 102.1. E 1 0 9 ,0 , • • , • • •, I I 0 111 m I I 1 I I I • • • S.W. ANILE Of tr• LOT 34. CON.7 0. 00 • • 179.1. / SEVENTH CONCESSION ROAD • • PAGE 4 OF 6 • • i, - 7 .- 1 j , 395.00 I • • j . in A/GdS • . !. ' •.t. OPOLE Of .;; LOT 11. COMA 390.to EIGHTH CONCESSION ROAD , • • PAGE 5 OF 6 • . • - 8 - • • I • • to• food * itesion° • • • Part 1, 40R-113580 . • 0 A/GC • N . • • 1. • SCHEDULE I TO BY-LAW 3/5511 AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED (0.M.B.•. FILES: 0920002, R900027) • PAGE 6 OF 6 • . • • TOWN OF - • PICKER:.!'.1 APPROVi:0 • AS TO FORM • S . LEGAL SERVICES r _ - A finalized plan be submitted by the proponent outlining the proposed uses on 7 the site including whether it is intended that there be a resident for the groundskeeper and or banquet facilities for the clubhouse. - The water supply source for the proposed development has not been • determined. If groundwater is the proposed source, well(s) should be drilled • and tested to determine the quantity and quality of the supply. - If wells are proposed to be installed for irrigation purposes, they should be performance-tested to predict possible interference problems. If water is proposed to be taken from surface a water body, information should be submitted with respect to the manner of which the surface water body will be recharged. Furthermore, the possibility of interference with other wells or surface water bodies should be investigated. - Whether the overall water taking for the proposed development will be in • excess of 50,000 Vday, and if so a Permit To Take Water will be required. - Th sewage effluent that will be generated by the development has not been de&rmined. Therefore, the impact of the proposed development on the quality of groundwater has not been assessed. A nitrate_loading assessment must be submitted to this office for further review. - The future uses on the site must be finalized. Accordingly, the daily sewage flows must be predicted in accordance with the Ontario Ministry of the Environment Manual of Policies, Procedures and Guidelines for On-Site Sewage Systems. S - If daily sewage flows are in excess of 4,500 litres, resultant nitrate concentration must meet this Ministry's Notice 3/87 (Reasonable Use Policy 15-08). Conversely, if daily sewage flows will be less than 4,500 litres, the maximum ODWO nitrate concentration of 10 mg/L at the site boundary must be met. ` 144 21' n I.y 4-44 w ,tic'`/i ` CHRONOLOGICAL SUMMARY OFFICIAL PLAN AMENDMENT APPLICATION OPA 88-077/D DRAFT PLAN SUBDIVISION 18T-88078 ZONING BY-LAW AMENDMENT APPLICATION A 45/88 • C. de Graauw Part of Lot 11,Concession 8 Town of Pickering • 1. Application Received: August 23, 1988 rezoning) August 29, 1988 official plan) October 6, 1988 draft plan) -applications topermit the applicant's proposal for a 9-hole golf course and 8 lot estate residential development 2. Circulation Notice Dated: November 11, 1988 3. Notice of Meeting Dated: February 16, 1989 • 4. Executive Committee Meeting: February 27, 1989 -staff recommended refusal of all three applications in Planning Report # 11/89 -Staff also recommended that Council direct planning staff to initiate ZBL amendment to deleted golf courses as a use permitted as-of-right, and establish appropriate golf course zoningfor existing facilities -Executive Committee RECOMMENDED REFUSAL of the three applications -Executive Committee also recommended that Council direct planning staff to initiate ZBL amendments re deletion of -golf courses as of; right and establish appropriate zoning. 5. Council Meeting: March 6, 1989 -Council passed resolution for REFUSAL of all three applications -Council passed resolution to direct planning staff to initiate zoning amendments to delete golf courses as-of-right and establish appropriate zoning for existinggolf courses (see next page A 16/8 . 6. Regional Planning Committee: April 25, 1989 -Regional Staff recommended refusal of OPA and draft plan; -Regional Committee RECOMMENDED DENIAL of the application 7. Regional Council;Meeting: May 3, 1989 -Regional Council adopted Planning Committee's recommendation for DENIAL 8. Forwarded Recommendation to MMA: May 8, 1989 -forwarded to MMA by the Region •• . by copy of letter to applicant advising of Regional Council's decision Y -f CHRONOLOGICAL SUMMARY ZONING BY LAW AMENDMENT APPLICATION A 16/89 TOWN INITIATED (Golf Courses) OMB File No. 0920002 1. Application Received (initiated): March 6th, 1989 -Council directs staff by resolution to • initiate zoning amendments to delete golf courses as-of-right and establish appropriate zoning for existing golf courses 2. Advertisement RE Statutory Public Meeting& Circulation: May 3, 1989 & May 10, 1989 -News Advertiser 3. Notice Re Statutory Public Meeting Dated: May 5, 1989 4. Statutory Public Meeting: June 5, 1989 -an explanation of the application was given by the Director of Planning 5. Council Meeting: -in a memo to the Deputy Clerk from • the Director of Planning, staff recommended 3 readings of both by-laws (3154/89;3155/89)-LOST 6. Council Meeting: October 2, 1989 -resolution to reconsider both by-laws -CARRIED 7. Advertisement RE New Statutory Public Meeting& Circulation: October 11, 1989 (News Advertiser) 8. Notice RE New Statutory Public Meeting October 5, 1989 9. New Statutory Public Meeting: November 6, 1989 -an explanation of the by-law was given by the Manager, Policy and Information Division, Planning Department • 10. Council Meeting: November 6, 1989 -both by-laws (3154/89; 3155/89) PASSED 11. Appealed to OMB: • December 4, 1989 Appealed to the OMB by Mr. C. deGraauw -the appellant objected to both by-laws as they will cause delay in the appellants own application for a golf course, which was submitted in consideration of previous zoning 12. Hearing Date: May 20, 1992 -the OMB decided not to schedule hearing until the related OPA was considered (OPA 89-123/D, see next page) • CHRONOLOGICAL SUMMARY OFFICIAL PLAN AMENDMENT APPLICATION OPA 89-123/D C. de Graauw Part Lot 11, Concession 8 Town of Pickering OMB File No.0920002 1. Application Received by Town: November 6th, 1989 -to amend the DROP from Permanent Agricultural Reserve to permit a golf course 2. Circulation Notice Dated: February 9, 1990 3. Notice of Public Meeting Dated: March 30, 1990 4. Public Information Meeting: April 19, 1990 -Information Report 29/90 5. Planning Committee Meeting: June 20, 1990 -Staff recommend refusal (Recommendation Report 14/90); -Committee DEFERREDpending approval of locational criteria for golf courses (see next page OPA 91-008/P) L 6. Executive Committee Meeting: October 22, 1990 -Staff recommend refusal of proposal in an Addendum to Recommendation Report 14/90 -Exec. Committee RECOMMEND APPROVAL of proposal 7. Council Meeting November 5, 1990 -approved Executive Committee recommendation; -recommended to Regional Council APPROVAL of 9-hole golf course 8. Regional Planning Committee: July 2, 1991 -Regional Staff recommend approval; -Committee RECOMMEND APPROVAL C..) 9. Regional Council: Jul 10, 1991 -adopted recommendation of Planning Committee-APPROVED 10. Forwarded to MMA: July 12, 1991 . 11. Appealed to OMB: August 12, 1991 -appealed to the OMB byvarious including ncluding Liz Lounsbury, Mr. & Mrs. Hayne, Fred Beer, Lorne Almack, Patricia& Greg Hoy; -appellants objections include intrusion on the rural character, impact on adjacent active agricultural lands 12. Hearing Date: May 20, 1992 CHRONOLOGICAL SUMMARY OFFICIAL PLAN AMENDMENT APPLICATION OPA 91-008/P TOWN INITIATED Rural Policies Including Golf Course Policies 1. Application Initiated: November 20, 1989 -Council directed the Director of Planning by resolution to prepare a policy to establish locational criteria for golf courses 2. Circulation Notice Dated: March 19, 1990 -to agencies and Town Departments 3. Advertisement Re Public Meeting and Circulation: week of June 11, 1990 News Advertiser, Bay News, Stoufville Trib 4. Notice of Public Meeting: June 8, 1990 5. Planning Committee Meeting: June 20, 1990 -Staff recommended Approval in Principle in Planning Report 7/90 of a proposed policy -Planning Committee recommends to Council receipt of the amendment to the PDP and that interested agencies be circulated for further input 6. Council Meeting: June 25, 1990 -Council adopted the Planning Committee's recommendation 7. Advertisement/Request for Comments: July 18, July 25, & August 3 in Bay News, News Advertiser and Stoufville Trib -request for comments/input re Council's request 8. Advertisement/Notice of Meeting: October 17, 1990 (Bay News), October 19, 1990 (News Advertiser and Stoufville Trib) 9. Executive Committee Meeting: October 22, 1990 -Staff Recommends in an Addendum to Planning Report No. 7/90 that Council recommend to Regional Council APPROVAL of the amendment to PDP to establish new Rural Area policies -Executive Committee APPROVED staff's recommendation 10. Council Meeting: November 5, 1990 -Council adopted the recommendation of the Executive Committee -Town Council recommend to Regional Council that the amendment to the PDP to establish new Rural Area Policies, including locational criteria for golf courses, be APPROVED as outlined in Appendix No. I to Addendum to Planning Report No. 7/90 , 11. Regional Planning: circulated for comments; now returned to the Town of Pickering as a result of amendment to Region of Durham Act respecting approval of official plan amendments. RECEIVED JUN 12 i? OMB Files 0920002 TOWN uF viWRING R900027 PLANNING DEPARTMENT IN THE MATTER OF Section 17(11)of the Planning Act, 1983 AND IN THE MATTER OF a referral to this Board by the Honourable Minister of Municipal Affairs, on a request by Patricia Hoy, Gregory Hoy, Fred Beer and others for consideration of Proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham • (Minister's File No. 18-P-0010-263: OMB File No. 0920002) and IN THE MATTER OF Section 34(18)of the Planning Act, 1983 AND IN THE MATTER OF an appeal by Cornelius DeGraauw against Zoning By-laws 3154/89 and 3155/89 of The Corporation of the Town of Pickering (OMB File No. R900027) • MINUTES OF SETTLEMENT `- The Parties hereto agree as follows: • 1. Patricia Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne, Lome Almack and The Pickering Conservation Association (also known as the Pickering Rural Association) withdraw their requests for referral of proposed Amendment No. 263 to the Official Plan for the Regional Municipality of Durham. 2. Cornelius DeGraauw withdraws his objections to By-laws 3154/89 and 3155/89 of The Corporation of the Town of Pickering on condition that this Board amends By-law 3155/89 so that it provides for the inclusion of the DeGraauw property, as set out in Schedule A hereto. 3. Any clubhouse to be erected on the DeGraauw property shall be used primarily for golf course patrons in accordance with By-law 3155/89. • 4.(a) DeGraauw shall install a six foot chain link fence with no trespassing signs attached along the common boundary of the DeGraauw and Hoy properties adjacent to the active golf course area at DeGraauw's expense. (b) DeGraauw shall not erect any neon sign on or adjacent to the DeGraauw property. 5. DeGraauw shall rectify off-site migration of water onto the lands immediately south of the DeGraauw property at DeGraauw's expense to the satisfaction of the adjacent landowner. 6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the Environment as set out on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs, set out as Schedule B hereto. 7. DeGraauw shall undertake not to enter into any activity which adversely affects the wells of neighbouring landowners. 8. DeGraauw shall install, if required by the Ministry of the Environment, metering devices on any water sources for irrigation purposes. 9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural Resources respecting protection of wetland area and the stream on the DeGraauw property. 10. DeGraauw shall satisfy the concerns of the Region of Durham Works Department respecting entrance locations and configurations. 11. DeGraauw shall undertake to minimize disturbance or interference with wildlife and plant species. 12. DeGraauw shall take steps to ensure that pesticide, herbicide, and fertilizer used in the golf course operation will be undertaken in a manner which has regard for environmental and human health concerns. 13. Pickering shall ensure that the chain link fence and signs referred to in 4(a) above, the sign prohibition referred to in 4(b), above and the entrance locations and configurations referred to in 10 above, shall be implemented through the site plan approval process under section 41 of the Planning Act. 14. The Board will be requested to withhold the issuance of all its orders hereunder until Pickering advises the Board that the site plan agreement between DeGraauw and Pickering has been registered on title. If such registration has not occurred by December 31, 1992, the Board may be spoken to upon seven days clear notice to all parties. • 15. No party shall seek an order for costs to and including May 20, 1992. DATED AT PICKERING,May 20, 1992. /// n M uak ch, Solicitor, on behalf of Patricia Hoy, Gregory Hoy, Fred Beer, Elizabeth Lounsbury, David Hayne, Madge Hayne, Lorne Almack, Pickering Conservation Authority(Pickering Rural Association) J Kate MacGregor, Solicitor/'egional Municipality of Durham • o. - awks aw, Solicitor for ornelius eGraauw � 1 Tim Sheffield, Solicitor for Town of Pickering • • • THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3)65 is 9 Being a By-law to amend• Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the Town of Pickering District Planning Area, Region of Durham in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of Pickering. (A 16/89) WHEREAS the Council of the Corporation of the Town of Pickering deems it desirable to establish appropriate golf course zoning for existing andpermitted golf course facilities on lands being Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7, and Part of Lots 11 and 17, Concession 8, in the Town of Pickering; AND WHEREAS an amendment to By-law 3037, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lots 17 and 18, Concession 3, Part of Lots 29 and 30, Concession 4, Part of Lots 13, 14, 33 and 34, Concession 7 and Part of Lots 11 and 17, Concession 8, in the Town of Pickering, designated "A/GC'or"02/GC' on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered'except in conformity with the provisions of By-law 3037 as amended hereby. 4. DEFINITIONS • �.. In this By-law, "Golf Course" shall mean an area of land, and any ancillary building, structure, or part thereof, operated for the purpose of playing golf and includes any associated recreational facility, such as a club house, snack bar, dining room, lounge, swimming pool and racquet sport court, operated in conjunction therewith. 5. PROVISIONS (1) (a) Uses Permitted ("A/GC' ZOne) No person shall within the lands designated "A/GC' on Schedule I attached hereto use arty lot or erect, ai&Pr or use any building or structure for any purpose except the following: (i) any use permitted by section 6.1 of By-law 3037; (ii) a golf course. I -2- (b) Zone Requirements("A/GC"Zone) No person shall within the lands designated "A/GC" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: (i) for those uses permitted by section 5.(1)(a)(i), above, the provisions of section 6.2 of By-law 3037; (ii) for golf courses, the provisions of section 6.2.4 of By-law 3037. (2) (a) Uses Permitted ("02/GC' Zone) No person shall within the lands designated "02/GC' on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) any use permitted by section 13.1 of By-law 3037; (ii) a golf course. (b) Zone Requirements("02/GC"Zone) No person shall within the lands designated "02/GC" on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with section 13.2 of By-law 3037. • 6. BY-LAW 3037 By-law 3037, as amended, is hereby further amended only to the extent necessary toive effect to the provisions of this By-law as it applies to the lands designated "A/GC" or "02/GC' on Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3037, as amended. 7. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and • (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. (2) Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). (3) Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 8. EFFECTIVE DATE This By-law shall take effect from the date of approval by the Ontario Municipal Board. . , . -. .• I / . . . . X . • N.M. ANOLI Of LOT as. CON 3 ik 694.6m t 1 . . 0 . . 4 g . 0 ' CC Of in vl 02/G C i (...d 1 ' ..4 196.0m .4 / m m . a . . 195.9m \ I SC 1 U 0 . fX ., 03 • I A 6. m .• • ''..: (6) — 594.3m • , • • , . PAGE 1 OF 6 1 • • . . s_ , N .A/)/ 105.110 /c/ 4 N 179.8n �!2 '� 396.2* A/GC 112.721 j 399.20 U O O 02/GC • • 803.1* PAGE2OF6 - # • • • • 001.$111 • (1•••••' tsa.40 SaS.O. • 0 4-4 le(-.17.la 792.8a SEVENTH CONCESSION ROAD • • • PAGE 3 OF 6 . . • • 4 N • • • 399.=A `C 102.1a m • • o , • A/GC • • 102.1a u 0 / I ri // ,/ n / / / I • f1.1 / • • 4 / 8.W. ANGLE OF 6' // LOT 34, CON.7 9 / / / 179.8a / SEVENTH CONCESSION ROAD • PAGE 4 OF 6 11 • \' • • 5 No• Road Ree' 0 Part 1, 40R-11358 0 a • A/GC • 1. N SCHEDULE I TO BY-LAW 3/6616/ AS MADE BY ONTARIO MUNICIPAL BOARD ORDER DATED (O.M.B. FILES: 0920002, R900027) PAGE 6 OF 6 TOWN OF ' PICKER:. ' APPROVED . AS TO FORM • LEGAL SERVICES • 3 - A finalized plan be submitted by the proponent outlining the proposed uses on the site including whether it is intended that there be a resident for the groundskeeper and or banquet facilities for the clubhouse. - The water supply source for the proposed development has not been , determined. If groundwater is the proposed source, well(s) should be drilled • and tested to determine the quantity and quality of the supply. - If wells are proposed to be installed for irrigation purposes, they should be performance-tested to predict possible interference problems. If water is proposed to be taken from surface a water body, information should be submitted with respect to the manner of which the surface water body will be• recharged. Furthermore, the possibility of interference with other wells or surface water bodies should be investigated. - Whether the overall water taldng for the proposed development will be in excess of 50,000 L/day, and if so a Permit To Take Water will be required. - Th sewage effluent that will be generated by the development has not been de&rmined. Therefore, the impact of the proposed development on the quality ! of groundwater has not been assessed. A nitrate loading assessment must be submitted to this office for further review. - The future uses on the site must be finalized. Accordingly, the daily sewage 1 flows must be predicted in accordance with the Ontario Ministry of the Environment Manual of Policies, Procedures and Guidelines for On-Site Sewage Systems. • - If daily sewage flows are in excess of 4,500 litres, resultant nitrate concentration must meet this Ministry's Notice 3/87 (Reasonable Use Policy 15-08). Conversely, if daily sewage flows will be less than 4,500 litres, the maximum ODWO nitrate concentration of 10 mg/L at the site boundary must be met. ._. • t. 0900002200002 897 �► m • f or C ,, : • Ontario Municipal Board Commission des affaires municipales de (Ontario • IN THE MATTER OF Section 17 ( 11 ) of the Planning Act , 1983 AND IN THE MATTER OF a referral to this Board by the Honorable Minister of Municipal Affairs , on a request by Patricia Hoy , Gregory Hoy , Fred Beer, and • others for consideration of Proposed Amendment No. 263 to the Official Plan Eta- the Regional Municipality of Durham Minister ' s File No. 18-OP-0010-263 OMB File No. 0920002 IN THE MATTER OF Section 34 ( 18 ) of the Planning Act , 1983 • AND IN THE MATTER OF an appeal by RECEIVED • Cornelius de Graauw against CZoning MAR A '.592 cpy-laws 3:154 /8.9 :and 3155/89 of the Corporation of the Town of Pickering TOWN or PICKrP.ItIG 0MB File No. R900027 PLANNING DTPARTtAVNT APPOINTMENT FOR HEARING • The Ontario Municipal Board : ereby appoints Wednesday, the 20th day of May , 1992 , at the hour of 10 : 00 O'CLOCK (LOCAL TIME ) in the forenoon at the COUNCIL CHAMBERS , CIVIC COMPLEX , • 1 THE ESPLANADE , PICKERING for the hearing of these. appeals/referrals . • �✓ If you do not attend and are not represented at this hearing , the Board may proceed in your absence and you will not be • entitled to any further notice of the proceedings . In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may copy from the presiding Board member or , in writing , from the • _ n, _ )?200002 Beard . Such decision will be mailed to you when avaLl3b1e . DATED at Toronto , this 28th day of February , 1992 SECRETARY • • EXPLANATORY NOTE Several requests for referral of Amendment No. 263 to the Official Plan for the Regional Municipality of Durham were made by landowners in the area of the subject property because they ,opposed the designation of the subject lands for use as a golf course. The passage of Zoning By-laws 3154/89 and 3155/89 has been appealed by the owner of the subject lands, Cornelius de Graauw, because the By-laws do not recognize the owners lands in Lot 11 , Concession 8 as an existing golf course. TOWN CLERK C • T iviati ' 4-ic I Form P-14 N®►' ._ (5/85) Ontario ��— G ,31S1-1 161 ! - Ontario Commission des 180 Dundas St.West/180,rue Dundas,ouest Municipal affaires municipales Toronto.Ontario M5G 1E5 Board de ('Ontario 416/598-2266 [I Please respond to:/S.V.P.repondre a: i February 28, 1990 D1.71, t":Ej24 :ri ^i Kathryn McKay Deputy Clerk MAR - I �s Town of Pickering . Pickering Civic Center • 1 The Esplanade TOWN OF PICKERIN Pickering, Ontario -PIOKERINa,ONTARIO L1V 6K7 Dear Ms. McKay: ° RECEIVED 1 v;aR 9 i9' - Re: 0.M.B. File: R900027 s ;ANI OF EPA TING By-law No.: 3154/89, 3155/89 PLANNING DEPARTht;c;T 0..P.A, No.: Durham Regional O.P.A.2-888-77/D . - " .kau;\.&\. B95:'1/'23/ adU 5eci 60ar4 Heir 5� 90 The appeal related to the above by-law will be held in • abeyance until such time as the amendment to the Official Plan has been approved (or referred to this Board) by the Ministry of Municipal Affairs (or delegated municipality). Yours truly, - d11/4y el 66Z- %.11 C° Susan Elliott ' c'N", Planning and Land Compensation �Y:Rfcovtb cc: Municipal Affairs, Victor Doyle $T0R1NN- 1 199Oto. 9 OF PI .FMG .1� 4 RECEIVED C 0G.:- G -',.44-ui./ ;Ear � /6 ) ' ` /96 S /4 // • Fri R,M Xc TOWN ,; :-.:(:RING 1`8`�' 2 / (' ::'' PLANNING DEPARTMENT igaG /'i (_17 e I� ! n O✓1 / (1 /X 6 TpWCNRING OF 3 ! p / L JERKS DomC j , a' `1. 4.)/0 al Tow,,, C[, are 4- 0 ° 4? e.R / / -1-At.3 ( AI eller w,'// ServE'_ 4 S /1/o7'/ cc o .Q/0"e4 / 71-0 6l - /awsSy� � 3i5-57er 9 t '7 S Trony 'y o IV PC 3/Syrn / f J 4-1,-ii Cai.csedJ/) 44 e C re., -11-#.0,1 c 7 c. 1-4 + r-e,o n ;2, t S ext sr, h/ yotf cm 11� f Ns J/ 4f ✓'SCS �� Oaf �!•`� �q �v iQer`aJJ7'ior, 4-o eh qc. � ✓ pt Eire rr'n4 ctT co' �,' Xnf // / V � lS CO/ISA'74.11-PS o0 / O .1_4 P. (Qnn ! .Zq 0 r 7111f 'art o +o c�/yl a $ n'l Y jy[` Cof /�t/ /9 vr se cL,q s ST,y �--E �.,�er Ex,s.-, ,, ~ 6y- /q(,L, 3o 3 7 ,vi• S //t.,,e f:;e / sepe�afe ')''h �v gfpe0 / ,1-YA b -/Qws /n/ Qp/Oea Is On f I e r (A Ad rnYse �-�' �/ h 5 ''aK"dS �l.4f y - ‘14`,1 (y • S w fuer. 1-4 el necerr/q,e� / I , ale ak, s a d �r'nan Ci.Q I 1a ds , �' Ps /w I`eirlr,cls O� � 2 � O� V_ ,►<< Sen I1 us t...-- Sa�'� �c1n�S i,.vulJ like �o a�� l /A,' OC�oLer- o f 4:s 71�a YE'a r d=1PP 4 a r• , / et /0roiae1-4q s L c -r / �/ �r �'Sc'n f l/ C 0r1 Tyr ry, Or. 1 y `' 'f-"/ e /C c p / f /4., u,t,- e,- dy - 1Qt., 3 37 _ r J 7. i 1 FORM 1 RECE1 VEpTOWN OF PICKERING PLANNING ACT, 1983 NOV 151989 NOTICE OF THE PASSING OF A PLANNING DEPgRTME ZONING BY-LAW THE CORPORATION OF THE TOWN OF PICKERING TAKE NOTICE that the Council of the Corporation of the Town of Pickering passed By-law Numbers 3154/89 and 3155/89 (A16/89) on the 6th day of November, 1989 under section 34of the Planning Act, 1983. And take notice that any person or agency may appeal to the Ontario Municipal Board in respect of these by-laws by filing with the Clerk of the Corporation of the Town of Pickering not later than the 5th day of December 1989 a notice of appeal setting out the objection to the by-laws and the reasons in support of the objection. An explanation of the purpose and effect of the by-laws is included below. The complete by-laws are available for inspection in the office of the Clerk during regular office hours. FURTHER INFORMATION REGARDING THIS MATTER MAY BE OBTAINED BY CONTACTING THE TOWN'S PLANNING DEPARTMENT, 831 -2113. Dated at the Town of Pickering this 15th day of November 1989. Kathryn McKay, A.M.C.T. Deputy Clerk Town of Pickering 1710 Kingston Road, Pickering, Ontario L1V 1C7 Purpose and Effect of By-law Numbers 3154/89 and 3155/89 The purpose and effect of By-law Number 3154/89 is to deletegolf courses as a use permitted as-of-right in the Town. The purpose and effect of By-law 3155/89 is to recognize the existing golf course facilities in appropriate zone categories. PICKERING RURAL AssociA i ION • i . WOW EL!MAC*ii LH =•4 ' 4945 Westney Road•Claremont,Ontario•L1Y 1A2•Telephone 905 649 3876 RECEIVED act -GS 'C C `tel kat, TOWN SOLICITOR FILE NO. -'i S LI'k, RECO: Se to Et.701995SEP 0 5 1995 FWD COP TO: The Town of PickerL.nq FWD/COPY ro F MAYOR COUNCIL One the Esplanade MAYOR COUNCIL _L•-_ EXEC DIA OPNS CLERK MANAGER EXEC DIP OPNS "UL & REC PLANNING Pickering, Ontario TOWN CLERK PARKS a FAG ___ IRE CHIEF TREASURER L1V 6K7 1RFASUREF CUL a a=c -f%aRKS 8 FAC SOLICITOR .� ,—.-.. � -- PLANNI\G � _ Pus_'G oub_IC WORKS MGR. -HR. Attention: Town Ma d &} F�,--_j--. -,p--= TRANSIT EMPL. EQUITY �yy"— LIBRARY M. &SAFETY I Re: Your Letter oft-95p2/25 i -, r�ICR •IS ECON DEV. , to Cornelius DeGraauw 1 We have received a copy of the above noted letter and have the following comments in roughly the sequence used in that letter. Re: OMB Files R900027. 0920002 5. Mr. DeGraauw errs when he says that the problem of migration of water onto lands immediately to the south has been rectified to the apparent satisfaction of the owners. Quite conversely; absolutely no conversations have taken place and absolutely no work has been done to rectify this problem. '"'' Messrs. Allen Taylor and Rick Vanderkooi , owners of the property immediately south of the DeGraauw property, will be out of town for an extended period of time. In their absence they have asked the undersigned to act on their behalf on all matters related to the construction of the DeGraauw golf course and with particular reference to article 5 of the OMB Minutes of Settlement of May 20, 1992. A copy of that authorization is attached. - The owners report that they suffer from frequent flooding that washes out the only access to their residence and is creating a new and increasingly large ravine across their property. Extensive grading of the site seems to have altered surface flows to the extent that their driveway is , at times, almost impassable. This problem is exacerbated by the existence of a very old drainage tile that has been disturbed and damaged by the rush of water created by grading in the early stages of the development. . We ask that you caution Mr. DeGraauw not to undertake extensive remedial action prior to exploratory discussions with the owners or their agent. The Decision of the OMB clearly sets out that remediation shall be to the satisfaction of the land owners. I am assured that their "approval" will not be unreasonably withheld but caution that the job must be properly done. Would the Town care to moderate such discussions? RECEIVED SEP p 1()a; . TOWN Of PICKERING PLANNING DEPARTMENT 9 , 6 . 3rd bullet - In spite of numerous written assurances to the contrary, Mr. DeGraauw has been pumping water from the creek that crosses the "panhandle" at the south-west corner of his property. At the same time a downstream neighbour has complained that, for the first time, his pond water level has dropped by 18 to 24 inches . He has also been pumping excessive amounts from ground sources . Neighbours have complained that they are getting air from their taps, a sign that air has entered the system, usually through the well pump. 4th bullet - Mr. DeGraauw is dead wrong when he "anticipates" that he will not take more than 49 , 000 litres of water per day. We calculate that 50 ,000 litres is equivalent to 0 . 5mm of rain when spread evenly over 10 hectares. That's 0. 5 liters or two cups of water per square meter. That much water will never keep the golf course green. 250,000 per day would seem to be a little more realistic, providing the equivalent of 25 mm per day. Please have your engineers check us out on this one , it's a _, fairly simple calculation. The metering of water for all uses and from all sources would eliminate conjecture and doubt as to the amount of water taken. Water meters are not all that expensive. 5th, 6th and 7th bullets - "Future uses on the land have not been finalized" . We are very much of the opinion that "future uses of the land were firmly established at the OMB hearing of May 20th 1992 and reconfirmed in the site plan that is registered on title. That aside for the present; surely all future uses must be known before water consumption can be established and a Permit To Take Water granted and before nitrate loadings can be assessed. We are, after all , trying to assess the impact that the development of the property will have on the environment and on the groundwater-dependent community that surrounds it. Calculations for water taking and nitrate loading assessment must include the eight additional houses he plans to build. Re: Site Plan Agreement fDeGraauw Cornelius) We note that DeGraauw has agreed that development is not being undertaken in conformity with the approved site plans and drawings. We further note that the Town and Mr. DeGraauw have agreed that he will submit plan and drawing revisions for review and assessment. The site plan agreement has been registered on title, and is itself a product of the OMB hearing of May 20, 1992 . It is probable that the contemplated changes are intended to accommodate and benefit J the developer and we are concerned that those sante changes may accrue to the disadvantage of 'other parties to the hearing and to other members of the surrounding community. We signed the May 20th agreement with the understanding that the golf course would be constructed in compliance with all the terms of the Minutes of Settlement and the subsequent Site Plan Agreement. Are we correct in understanding that there exists in Pickering a broad range of laws and regulations that have been put in place to ensure that any and all development conforms to predetermined standards? Is there not a system of policing and enforcement with appropriate penalties to ensure that each developer/builder conforms to all relevant regulations? If that is more or less correct, where is the enforcement as it relates to the ongoing transgressions of Mr. DeGraauw on this particular development? Why is he allowed to alter the recently agreed site plan rather than construct the golf course in full compliance with it? The Town seems to be bending over backward to accommodate and support this developer rather than policing the construction to ensure that he fulfils his obligations to the town and to the community. How many of us would be allowed to convert a barn to other uses without a permit? Eliminate a watercourse? Degrade a wetland? Ignore an OMB Decision? Ignore a Site Plan Agreement? We now understand that he intends to use a large house trailer to act as a club house and possible residence. Will the Town ensure that this does not happen? We most respectfully suggest that there is a heavy onus on the Town to fulfil its responsibility and make this developer comply with the many regulations and agreements governing the construction of his golf course. I speak for all the neighbours and other opponents when I say that we have accepted the fact that we will soon be living with a golf course. That battle has been fought. We would very sincerely like to see an end to the ongoing controversy that surrounds this development. Can you help us to reach that goal? We would sincerely appreciate an early response. Thank you; Picker' g Rural Association .6111. ed Beer 08/24/95 15:52 TY905 832 7597 MNR DURHAM AREA QT( w Ontario • Ministry of Ministere des Natural Resources Richesses naturelles NOTE STIX 10401 Duf f erin Street FAX TRANSMITTAL MEMO I x or pages. Maple,Ontario Notified of receipt L6A 1S9G� August 24, 1995 Spo to: Elate Time Dep:. / F: �Q Q IFax4 ii2d % Town. of PickeringSignan,re 1 the Esplanade From / , Pickering Ontario ;Ca. L1V 6K7 41/v ;Phone Attention: C.M. Timothy Sheffield Fax Town Manager Dear Sir Subject (1) OMB Files R900027 ; 0920002 - Pickering Zoning By-Laws 3154-5/89 - Durham Region OPA 263 Referral (2) Site Plan Agreement (DeGraauw) - Part Lot 11, Concession 8 Town of Pickering We are writing regarding the letter dated August 11, 1995 that was sent from yourself to Cornelius DeGraauw, and copied to the Ministry of Natural Resources. We have reviewed the contents of the noted correspondence and wish to reiterate our letter of November 3 , 1993 from the Ministry of Natural Resources to the Town of Pickering, stating that all our concerns have been addressed to our satisfaction and "tar' the Ministry of Natural Resources has no further concerns nor objections with respect to this development. Should you have further questions please contact Rhonda Gribbon (905) -832-7182 . r- TOWN MANAGER Yours truly - LRECEIVED AUG 2 4 1995 FILE NO. Rhonda M. Grib on ABEY.TO: Area Planner, Durham FWD/C PY TO: MAYOR COUNCIL Greater Toronto Area District, EXEC.DIR.OPNS CLERK Maple CUL.& REC. PLANNING V FIRE CHIEF TREASURER RG I PARKS& FAC. SOLICITOR f PUbLIC WORKS MGR.-HR. cc. Cornelius DeGraauw TRANSIT EMPL.EQUITY LIFP RYH.&SAFETY Metro Toronto and Region Conservation trtliy, .ty ECON. DEV. 4 �O� N OF p/C•f• r • August 25, 1995 *It, .41 t., ...., The Corporation of the Town of Pickering Cornelius DeGraauw RECEIVED Town Manager's 1985 Valley Farm Road 1 Pickering, Ontario ?'3 !495 Office L1V 1X6 � ,- PICKER ING Pickering Civic Complex b , ,.• •. " " 3 '4RTMENT One the Esplanade Pickering,Ontario Canada Subjects: (1) OMB Files R900027; 0920002 L1 V 6K7 - Pickering Zoning By-laws 3154-5/89 (C. DeGraauw, Appellant) Direct - Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters) Tel. (905)420-4610 Fax (905)420-7648 - Our File: L939104 (L) Town Tel/ `(905)420-2222 (2) Site Plan Agreement [DeGraauw, Cornelius] (905)683.2760 Fax (905)420-0515 - Part Lot 11, Concession 8, Pickering - Our File: S9302 (L) This is further to the meeting between you, the Town Manager and the Town Solicitor held in our offices during the afternoon of August 21, 1995. At that time, you advised us respecting the contents of our letter of August 11, 1995, as follows. Re: OMB Files R900027; 0920002 5. You have rectified off-site migration of water onto lands immediately south of your property to the apparent satisfaction of the adjacent owner. While that owner is not available at this time to confirm his/her satisfaction, in the present circumstances we accept your position with respect to-this issue. Should, however, that owner subsequently advise us that he/she was not satisfied as required, we may require you to re-address this issue at that time. 6. With respect to the concerns of the Ministry of the Environment, • you do not believe that you have submitted the required plan to the Ministry yet; you will ensure that the plan is submitted; • a well has been drilled but not tested; • information respecting the recharge of the irrigation pond (Gartner Lee report) will be submitted to the Ministry shortly; • you anticipate that water will be taken at a maximum rate of 49,000 litres/day, obviating the need for a Permit To Take Water; • • a nitrate loading assessment(Golder and Associates report) has not been submit- . ted to the Ministry yet; • future uses on the site have not yet been finalized; and • daily sewage flows and resultant nitrate concentration are unknown at this time. Cornelius DeGraauw Page 2 August 25, 1995 You undertook to pursue these matters with the Ministry as soon as possible and to obtain the Ministry's acknowledgement that you have satisfied its concerns. 8. The Ministry of the Environment does not require that you install metering devices on water sources for irrigation purposes. You undertook to obtain the Ministry's acknowledgement of this circumstance. 9. The concerns of the Ministry of Natural Resources have been satisfied respecting the protection of the wetland area and the stream on your property. You undertook to obtain the Ministry's acknowledgement of this circumstance. In this regard, we acknowledge receipt of a letter dated August 24, 1995,from the Ministry stating that all its concerns have been addressed to its satisfaction. 11. You have made every effort to minimize disturbance or interference with wildlife and plant species. In this regard, we acknowledge that the letter dated from the Ministry states in part that the Ministry has "no further concerns nor objections with respect to this development". Given the mandate of that Ministry, we accept that letter as confirmation of your position with respect to this issue. You further advised us that.you would be installing a fence "adjacent to the active golf course area", as required by condition 4(a) of the Minutes, in the immediate future. Thank you for your cooperation to date in addressing these issues. We look forward to receipt of further confirmation that the remaining outstanding issues have been resolved. Re: Site Plan Agreement[DeGraauw, Cornelius] You confirmed our observations that you have not been undertaking development in conformity with the approved site plans and drawings. You have undertaken to submit plan and drawing revisions to the Town's Planning Department for review and consideration. Thank you for your cooperation to date in addressing this issue. Yours very truly C. M. Timothy Sheffield Town Manager CMTS: Copy: See page 3. j:\genlegal\1939104\letters\95082501.doc j:\spa\s9302\letters\95082501.doc a • Cornelius DeGraauw' Page 3 August 25, 1995 Copy: Mayor Arthurs Executive Director of Operations Town Solicitor Director of Planning Director of Public Works (Acting) Romani Nadarajah, Solicitor for Hoy, Beer,et al, Canadian Environmental Law Association Kate MacGregor, Solicitor for Regional Municipality of Durham Ron Hawkshaw, Solicitor for Cornelius DeGraauw Karl Jaffary, Solicitor for Cornelius DeGraauw Secretary, Ontario Municipal Board Director, Watershed Management, M.T.R.C.A. Director, Central Region, Ministry of Environment and Energy Director, Plans Administration Branch, Central and Southwest Regions, Ministry of Municipal Affairs and Housing District Manager, Maple District, Ministry of Natural Resources a _,N OF p7C �o �F9 August 24, 1995 z A• . ts4.{t The Corporation Gowling, Strathy & Henderson • _ _ • of the Barristers and Solicitors Town of Pickering Suite 4900, Commerce Court West Town Manager's Toronto, Ontario RECEIVED office M5L 1J3 QIIq PA 1995 -Pickering Civic Complex Attention: Karl D. Jaffary TOWN OF P;CKERING One the Esplanade PL F,14is It DEPARTMENT Pickering,Ontario - Canada LIV 6K7 Subjects: (1) OMB Files R900027; 0920002 . JDir (905)420-4610 - Pickering Zoning By-laws 3154-5/89 (C. DeGraauw, Appellant) Fax (905)420-7648 - Durham Region O.P.A. 263 Referral (Hoy, Beer, et al, Requesters) TowTel. '05)420-2222 - Our File: L939104 (L) 15)683-2760 Fax 05)420-0515 (2) Site Plan Agreement [Degraauw, Cornelius] - Part Lot 11, Concession 8, Pickering - Our File: S9302 (L) We received your letter of August 21, 1995 on August 23, 1995, and have the following comments in response thereto. 1. The Town does not have a planner "in charge of this location". Mr. Smith is a junior member of the Town's Planning Department, and is not aware of the activities of members of other departments, some of whom have indeed visited this property. 2. Our letter of August 11, 1995 does not contain allegations that your client "has breached the Minutes of Settlement" herein. Rather, it indicates that "our observations suggest that certain matters relating to [named] provisions [of the Minutes] have not been complied with". [emphasis added] 3. Our letter of August 11, 1995 was copied to certain ministries and agencies because those ministries and agencies were either parties/participants in the Ontario Municipal Board matter (and were signatories to the Minutes), or had concerns before the Board that were incorporated into the Minutes as a means of ensuring that those concerns would be addressed. • 4. At DeGraauw's request, the Town Manager and the Town Solicitor met with him during the afternoon of August 21, 1995. At that time, DeGraauw confirmed that Gowling, Strathy & Henderson Page 2 August 24, 1995 some of the matters referred to in our letter of August 11, 1995, have indeed not been complied with to date, and undertook that they would be complied with before the end of August. Such matters include, but are not limited to, • submission to the Ministry of Environment and Energy of various documents and data as required by that Ministry's letter of April 30, 1992, attached as Schedule B to the Minutes, and • submission to the Town of red-lined site plans reflecting the actual development of the site (which DeGraauw acknowledged differs from the development as previously-approved). 5. In these circumstances, no consideration will be given to your request for a retraction and apology. 6. DeGraauw has advised us that he is content to continue to deal directly with the Town in resolving the outstanding matters respecting this development, and that consequently, we need not facilitate meetings through your office. We trust this is satisfactory. Yours very truly C. M. Timothy Sheffield Town Manager ( CMTS:jh Copy: Mayor Arthurs Executive Director of Operations Town Solicitor Director of Planning Director of Public Works(Acting) Romani Nadarajah, Solicitor for Hoy,Beer, et al, Canadian Environmental Law Association Kate MacGregor, Solicitor for Regional Municipality of Durham Ron Hawkshaw, Solicitor for Cornelius DeGraauw Secretary, Ontario Municipal Board Director, Watershed Management,M.T.R.C.A. Director, Central Region,Ministry of Environment and Energy Director, Plans Administration Branch, Central and Southwest Regions, Ministry of Municipal Affairs and Housing. District Manager, Maple District, Ministry of Natural Resources Cornelius DeGraauw j:\genlegal\1939104\letters\95082401.doc j:'ipa\s9302 Ietters195082401.doc • i •WLING, STRATHY f HENDERSON BARRISTERS&SOUCITORS•PATENT&TRADE MARK AGENTS Sults 4900.Commerce Court West ' ^t (71 j ; �; \.i i i= ,1 Toronto.Ontario.Canada MSL 1J3 Li) ttj y J S ,i TNaphons:(4163 862-7525 '•� �i�j Facsimile:(416)862-7661 G 2 91995 Karl D.Jeffery.O.C. Direct Line:(46)8624546 August 21, 1995 Secretary Una:(4 6)62-5421 •, ,,•Tv C (E"Ir! File:T787650 CF ,=! CM:AR Mr. C.M. Timothy Sheffield, Town.Manager Town.of Picke�ifig One the Esplanade Pickering, Ontario L1V 6K7 RECEIVED Dear Mr. Sheffield: AUG 29 1005 RE: Cornelius DeGraauw PLANNINGO TOWN F D:�ARTDICKERINGMENT 9th Line and Westney Road, Pickering We have been retained by Mr. Cornelius DeGraauw, the developer of the golf course located at 4988 Westney Road North (at Ninth Line) Pickering. Mr. DeGraauw has consulted us with respect to your extremely disturbing letter of August 11, 1995. After having spoken with the Town's Planner in charge of this particular location, Adrian Smith, my client has determined that no Town employee has ever attended at the property to determine whether or not the provisions of the Minutes of Settlement set out in your letter have in fact been complied with. The fact that your letter does not refer to any specific problem bears out this conclusion. Our client finds it outrageous that the Town would send a letter containing allegations that he has breached the Minutes of.Settlement to numerous Ministries and agencies without having obtained any evidence or details of any such breach. The letter and its wide circulation to individuals and agencies is negligent on your part and may result in our client suffering damages. As you are aware, our client has an application for subdivision which is being circulated to those agencies. The letter and its circulation may also constitute actionable defamation. In fact, Mr. DeGraauw has complied with all of the items set out in your letter. He would have been happy to provide you with that information if you did not have it. However he objects to the allegation that he is in breach of those provisions. A letter asking for evidence of compliance would have been appropriate, but a letter copied and circulated widely which falsely or negligently alleges breach of several provisions is not. Our client expects a written retraction of the allegations and an apology, which must be copied and circulated to anyone Sults 2600 Sults 1100 19 Thome Street Suits 1723 Khoizunov Pereuiok 160 Elgin Street. • 50 Queen Street North Cambridge 505 Burrard Street Moscow 119021 Russia Ottawa.Canada K1 P 1C3 Kitchener.Canada N2H 6M2 Canada Ni R 5W1 Vancouver Canada V7X 1J1 Internat.Tel/Fax Tel:(613)233-1781 Tel:(519)576-6910 Tel:(519)621-6810 Tel:(604)683-6498 011-7-502-220-2114 • GOWLING,STRATHY &HENDERSON BARRISTERS&SOLICITORS•PATENT&TRADE MARX AGENTS - 2 - who received a copy of your August 11, 1995 letter. Failure to remedy the situation by clearing our client's name will result in our client suffering additional damages, for which he will look to you for compensation. Since you do not have any information on the items set out in your letter, Mr. DeGraauw will attempt to provide you with evidence of compliance. For your information at this time, we offer the following. Off-site migration of water onto lands immediately south of the DeGraauw property has been rectified to the satisfaction of the adjacent owner. Mr. DeGraauw has spoken with the tenant of the lands to the south and has been assured that he is satisfied and has no complaints. The owner is currently in the East Coast and cannot provide you with written confirmation that he is satisfied. However Mr. DeGraauw consulted with him when remedying the run-off situation and the owner was satisfied with Mr. DeGraauw's work. We have consulted with the Ministry of the Environment and have determined that metering devices were not required by the Ministry. The Ministry of the Environment has no outstanding concerns at this time. The Ministry of Natural Resources' concerns concerning the wetland area and the stream have also been complied with as Mr. DeGraauw consulted and worked closely with the Ministry when carrying out work in the vicinity of the wet area at the north of the site. Wildlife and plant species have been disturbed to the least possible extent. If the Town's inspector has any evidence to the contrary, that should have been set out in the letter. As your letter makes no mention of the specific manner in which my client is in breach of the items set out therein, there is nothing further my client can tell you. We cannot provide you with evidence to counter your allegations if there are no details and no evidence to r support them. Our client therefore requests a meeting with yourself and the Town's Planning Department to clarify the outstanding issues (if any). At that time, my client will try to provide you with evidence of the satisfaction of the Minutes of Settlement's provisions you have set out in your letter, notwithstanding the fact that there is no requirement that he do so at this point in time. We look forward to hearing from you to set up a meeting date. If you would telephone my associate, David Tang at (416) 862-3547 to set up any meetings, I would appreciate it. • COWLING,STRATHY &HENDERSON • BARRISTERS&SOUCITORS•PATENT&TRADE MARX AGENTS - 3 - If we do not hear from you, we will advise our client of his legal remedies. Yours very truly, GOWLING, STRATHY & HENDERSON Per: Karl D. Jaffary, Q.C. DT/KDJ/kdh Ccc. Mayor Arthurs Executive Director of Operations Town Solicitor Director of Planning t/ Director of Public Works (Acting) Romani Nadarajah, Solicitor for Hoy, Beer et al, Canadian Environmental Law Association Kate MacGregor, Solicitor for Regional Municipality of Durham Ron Hawkshaw, Solicitor for Cornelius DeGraauw Secretary, Ontario Municipal Board Director, Watershed Management, Metropolitan Toronto and Region Conservation Authority Director, Central Region, Ministry of Environment and Energy Director, Plans Administration Branch, Central and Southwest Regions, Ministry of Municipal Affairs and Housing District Manager, Maple District, Ministry of Natural Resources h:\c1\re\m\munic\degrasuw\sheffie1.101 OWN OF pf • `�� August 11, 1995 f Z Ala "Narft"o, Delivered by Hand The Corporation of the Town of Pickering Cornelius DeGraauw RECEIVED Town Managers 1985 Valley Farm Road Office Pickering, Ontario AUG 14 1995 L1V 1X6 Pickering Civic Complex TOWN OF PICKERING One the Esplanade PLANNING DEPARTMENT Pickering,Ontario Canada 6K7 Subjects: (1) OMB Files R900027; 0920002 Pickering Zoning By-laws 3154-5/89 (C. DeGraauw, Alppellant) Dira Tel. (905)420-4610 - Durham Re_Qion O.P.A. 263 Referral (Hoy, Beer, et a , Requesters) Fax (905)420-7648 - Our File: L939104 (L) Town Tel. 005)420-2222 • • )05)683-2760 (2) Site Plan Agreement [Degraauw, Cornelius] Fax (905)420-05,5 - Part Lot 11, Concession 8, Pickering - Our File: S9302 (L) Re: OMB Files R900027: 0920002 On the day set for the hearing of these matters (May 20, 1992), the solicitors for the persons granted Party status executed Minutes of Settlement on behalf of their clients. Those Minutes contained, among other provisions, the following: 5. DeGraauw shall rectify off-site migration of water onto lands immediately south of the DeGraauw property at DeGraauw's expense to the satisfaction of the adjacent owner. . 6. DeGraauw shall undertake to satisfy the concerns of the Ministry of the Environment as set out on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs... . 8. DeGraauw shall install, if required by the Ministry of the Environment, metering devices on any water sources for irrigation sources. 9. DeGraauw shall undertake to satisfy the concerns of the Ministry of Natural Resources respecting the protection of wetland area and the stream on the DeGraauw property. 11. DeGraauw shall undertake to minimize disturbance or interference with wildlife and plant species. We note that development is underway at this site, and that you are proposing an "official a Cornelius DeGraauw Page 2 August 11, 1995 Re: OMB Files R900027; 0920002 (continued) opening" next month. However, our observations suggest that certain matters relating to the above provisions have not been complied with. Consequently we request that you provide to us, in writing, on or before August 25, 1995: 5. Evidence that off-site migration of water onto lands immediately south of your property has been rectified at your expense to the satisfaction of the adjacent owner. 6. Evidence that you have satisfied the concerns of the Ministry of the Environment as set out on page 3 of the Ministry's letter dated April 30, 1992 to the Ministry of Municipal Affairs. 8. Evidence that you have installed metering devices on any water sources for irrigation sources, or alternatively, that the Ministry of the Environment does not require such devices. (We understand that you may have been pumping irrigation water from the stream on your property in such quantities that the water level in the pond on the adjacent lands to the south has dropped by over a foot. You should ensure that this matter is specifically addressed in your response.) 9. Evidence that you have satisfied the concerns of the Ministry of Natural Resources respecting the protection of wetland area and the stream on the your property. (We understand that you may have diverted water from the wetland thereby lowering its water level, that you may have converted a portion of the wetland for golf course use, and that you may have diverted a stream thereby affecting downstream riparian rights. You should ensure that these matters are specifically addressed in your response.) 11. Evidence that you have minimized disturbance or interference with wildlife and plant species. (In view of the apparent diversion of water from the wetland noted above, you should specifically address in your response how that diversion "minimized disturbance or interference with wildlife and plant species".) Failure to respond satisfactorily to the above request may result in the Town and/or other applicable agencies taking legal action against you. Kindly govern yourself accordingly. Re: Site Plan Agreement [Degraauw. Cornelius] On November 22, 1993, you entered into a Site Plan Agreement with the Town (which Agreement was subsequently registered on title to your lands). That Agreement provides in Cornelius DeGraauw Page 3 August 11, 1995 part that, No development ... shall be undertaken except in conformity ... with [certain] plans and drawings [specified in the Agreement]. Our observations suggest that you are not undertaking development in conformity with those plans and drawings. Consequently,you are hereby required, (a) on or before August 25, 1995, to cease any development activity that does not conform with those plans and drawings; and (b) on or before September 1, 1995, to bring into conformity any portion of the lands that has been developed in non-conformity. Failure to respond satisfactorily to the above requirements may result in the Town and/or other applicable agencies taking legal action against you. Kindly govern yourself accordingly. Yours very truly C. M. Timothy Sheffield Town Manager CMTS:jh Copy: Mayor Arthurs Executive Director of Operations Town Solicitor Director of Planning Director of Public Works(Acting) Romani Nadarajah, Solicitor for Hoy, Beer, et al, Canadian Environmental Law Association Kate MacGregor, Solicitor for Regional Municipality of Durham Ron Hawkshaw, Solicitor for Cornelius DeGraauw Secretary, Ontario Municipal Board Director, Watershed Management, Metropolitan Toronto and Region Conservation Authority Director, Central Region,Ministry of Environment and Energy Director, Plans Administration Branch, Central and Southwest Regions, Ministry of Municipal Affairs and Housing District Manager,Maple District, Ministry of Natural Resources j:\genlegal\193 9104\letters\95081101.doc j:\spa\s93 02\letters\95081101.doc