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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File #JJ;tflf)fl }tJCO-Q/ ^-
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Res. #{Otff ~ p-J--O I
Date:
Monday, February 19, 2001
Report #:
PD-016-0l
FILE #: ZBA 2000-012
By-law #
Subject:
REZONING APPLICATION
APPLICANT: JUSTINIAN CREED '
PART LOT 26, CONCESSION 5, FORMER TOWNSHIP OF CLARKE
FILE: ZBA 2000-012
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report PD-016-0l be received;
2. THAT the rezoning application ZBA 2000-012 as revised to amend Comprehensive
Zoning By-law 84-63 of the former Town of Newcastle, to permit an exotic mammal
facility, submitted by Justinian Creed, be REFUSED;
3. THAT a copy of Report PD-016-0l be forwarded to the Durham Region Planning
Department; and
4. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1
Applicant:
Justinian Creed
1.2 Amended Rezoning:
To rezone the subject lands on a temporary basis from "Agricultural (A)"
to permit a facility where exotic animals may be housed for the purpose of
an off-site education business. A maximum of 4 exotic mammals be
housed on the property, each mammal is not to exceed 100 kg and a
maximum of 2 mammal enclosures be erected. In addition, reptiles and
birds of prey would be boarded on the property.
1.3
Site Area:
0.75 ha (1.86 ac)
2. LOCATION
2.1 The subject lands are located at 150 Tamblyn Road, east of Orono (see Attachment I).
The property is contained within Part Lot 26, Concession 5, in the former Township of
Clarke.
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REPORT NO.: PD-016-01
PAGE 2
3. BACKGROUND
3.1 On April 12,2000, the owner submitted a rezoning application to the Municipality of
Clarington to rezone subject lot at 150 Tamblyn Road to permit an exotic animal facility,
and educational business, recreational fields, an education camp and a home office.
3.2 On April 25, 2000, Mr. Creed appeared as a delegation before Council to request an
exemption from the Exotic Animal By-law. Council passed a resolution which in part
reads as follows:
"THAT Mr. Creed be granted an exemption from By-law 93-161, a by-law to
prohibit and regulate the keeping of certain animals within the Municipality, in
order to allow for the keeping of exotic animals at his property located at 150
Tamblyn Road, Orono, Ontario, conditional upon final approval of the rezoning
application for the property."
3.3 Mr. Creed formally amended his application on June 5, 2000, to the following:
"A facility where exotic animals may be housed for the purpose of an off-site
education business. The zoning amendment shall only apply to the current owner,
Mr. J. Creed, there will be a maximum of 4 exotic mammals housed on the
property, each mammal is not to exceed 100 kg, and a maximum of 2 mammal
enclosures be erected. All zoo restrictions shall be applied."
3.4 Since the zoning amendment cannot be applied to the owner of the land, Mr. Creed
amended the application for a temporary zoning only.
3.5 On February 12, 2000, Mr. Creed verbally requested the application be amended to
permit reptiles and birds of prey on site.
4. SITE CHARACTERISTICS AND SURROUNDING USES.
4.1 The subject property contains a single detached dwelling unit on the eastern portion of the
lot, which has frontage and access to Tamblyn Road. The owner has constructed a berm
along the north boundary of the property abutting Ministry of Transportation property
(Highway No. 35/115).
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REPORT NO.: PD-016-01
PAGE 3
4.2
Surrounding Uses:
East
North -
West -
South -
vacant
Highway No. 35/115
Highway No. 35/115
Residential
5, OFFICIAL PLAN POLICIES
5.1 The lands are designated "Permanent Agricultural Reserve" within the Durham Region
Official Plan. The Permanent Agricultural Reserve is restricted to agricultural and farm-
related uses. The Region finds the raising of exotic animals to be in conformity with the
policies of the Durham Plan.
5.2 The Clarington Official Plan designates the subject lands as "Prime Agricultural Area".
The main permitted uses are farm and farm-related uses including the use of land,
buildings and structures for nurseries, the growing of crops and the raising of livestock.
The raising or keeping of exotic animals would be within the limits of an agricultural use.
Mr. Creed operates an office for his education business which would qualify as a home
business permitted by the Official Plan. The amended application conforms.
The original application, which includes an on-site education/recreation business, would
not conform to the Prime Agricultural Area policies. In this regard, the Plan identifies a
"Tourism Node" associated with Jungle Cat World. This designation allows for the
introduction of new related uses subject to a number of conditions. It is questionable as
to whether the original proposal would have qualified as a major tourism or recreational
facility.
6. ZONING BY-LAW CONFORMITY
6.1 The subject lands are currently zoned "Agricultural (A)", which on a lot less than 2 ha (5
acres) in area, permits only a single detached dwelling and accessory uses. The subject
lot is 0.75 ha (1.86 acres).
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REPORT NO,: PD-016-01
PAGE 4
The applicant is proposing to raise exotic mammals to be used in his off-site educational
business. The Zoning By-law permits the raising of exotic animals by site specific zoning
only, thus the application has been submitted. The office component of Mr. Creed's
business is permitted as a home occupation.
7. PUBLIC SUBMISSIONS
7.1 At the Public Meeting held June 5, 2000, a number of people spoke in objection to this
application and a petition (Attachment 3) was submitted to the Clerk's Department with
approximately thirty-two (32) names on it. The following is a summation of their
planning concerns:
approving an additional animal facility in this area would set a precedent for other
applications;
the keeping of exotic animals here does not create jobs or promote tourism;
animal waste will pollute the creek;
creation of a distraction to motorists on Highway 35/115;
limiting the number of animals to be housed on the subject lot;
safety of neighbours if animals escape; and,
the subject lot is not large enough to contain this type of use.
.
.
.
.
.
.
.
7.2 Five residents of Tamblyn Road signed the applicant's petition in support of the revised
application provided it was a temporary zoning; the exotic animal exemption would not
be inherited by new owners or occupants, there would be a maximum of four exotic
. mammals and all zoo restrictions would be applied (Attachment 4).
7.3 In addition, the following organizations or businesses submitted letters or spoke at the
public meeting opposing the application:
Jungle Cat World (Attachment 5)
Zoocheck Canada (Attachment 6)
Durham Region Humane Society
Orono Horticultural Society (Attachment 7)
Ontario Society for the Prevention of Cruelty to Animals (Attachment 8)
.
.
.
.
.
Jungle Cat World indicated their opposition to this application on the basis of animal
welfare and public safety.
6/2
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REPORT NO.: PD-OI6-Ol
PAGE 5
Zoocheck Canada is a national organization established to monitor zoological facilities
across the country and to work for improved standards for captive animals. They are
opposed to this application for the following reasons:
There is no need for another exotic animal facility with accredited zoological facilities
like Jungle Cat World and the Bowmanville Zoo.
.
.
The Municipality has no regulatory powers to exercise control over the number or
type of animals held or the conditions in which they are kept.
.
They are concerned for animal welfare given the size of the property, the proximity to
Highway 35/115 and close proximity of other animals.
.
They are concerned as to whether proper safety and security features and emergency
protocols would be implemented.
A representative of the Durham Region Humane Society spoke at the public meeting and
agreed with the comments of Zoocheck Canada. In particular they were concerned with
the small size ofthe property and the type of housing for the animals.
The Orono Horticultural Society submitted a letter of opposition, indicating that the
property was unsuitable for this use.
The Ontario Society for the Prevention of Cruelty to Animals is opposed to anyone other
than accredited zoos keeping exotic animals. Only zoos can ensure that people with the
proper qualifications care for the animals and that the minimum voluntary standards are
complied with.
8. AGENCY COMMENTS
8.1 The Clarington Fire Department and Ganaraska Region Conservation Authority have no
objections to the proposal.
8.2 The Clarington Public Works Department has no objection in principle to the proposed
rezoning. However, if the applicant establishes a commercial operation, now or in the
future, the applicant will be required to make application for site plan approval.
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REPORT NO.: PD-016-0l
PAGE 6
8.3 The Ministry of Transportation (MTO) has no objection to the application, providing no
new access to Tamblyn Road is permitted, a minimum 13.7 metre setback from all MTO
property is maintained for all buildings, structures and enclosures, and screening must be
provided such that animals will not be visible from the highway. No commercial signs
will be permitted. Prior to any development, a Ministry Building and Land Use Permit
must be applied for and approved.
MTO would note that some grading work has already taken place. As a result, the
drainage pattern has been altered. MTO requires that the drainage course be restored to
its original condition (prior to the construction of the berm) or alternatively, that a
drainage plan and storm water management report be submitted for their review and
approval.
8.4 Durham Region has no objection to this application. The Regional Planning Department
states that the application conforms to the Regional Official Plan and has reviewed the
application with regard to Provincial policy and are satisfied it does not contravene
policy. The Region has no plans to introduce municipal water or sanitary sewer services
into this area of Clarington. Services will continue to be private well and septic system
and Regional Health has no objection to this application.
9. COMMENTS
9.1 The applicant has indicated that he has operated his business from his house for
approximately 5 years. He also indicated that during this time he has had exotic animals
at his home. Mr. Creed's business independently operated the wildlife outreach program
and zoo camp for Jungle Cat World Wildlife Park for a number of years. We are
informed that that business relationship was severed on August 31 ", 2000. Mr. Creed
continues to operate an educational program in schools and a zoo camp. The zoo camp
operates from a property that he owns near Bracebridge in Muskoka.
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REPORT NO.: PD-016-01
PAGE 7
9.2 The Public Meeting held on June 5, 2000 was to consider an application for an exotic
animal facility to be used in conjunction with an education business and recreational
fields to be used in conjunction with an education camp. The proposal was initially
scaled back to include only the keeping of four (4) exotic mammals to be used in
conjunction with an off-site education business. On February 12th, 2001, the applicant
clarified that he kept reptiles and birds of prey on site, which he would also like
considered as part ofthis application.
A new public meeting is not necessary since the proposal has been simple scaled back
from the original application.
9.3 The applicant originally proposed that the zoning could be limited to apply only as long
he owned the land. This is not legally possible, so the applicant has requested a three
year temporary zoning as a means of ensuring that, once zoned, Council would have the
opportunity to review the situation in three years time. He has indicated that if the
neighbours are satisfied that the facility is operating satisfactorily, he would be applying
to renew the zoning or having the temporary zoning made permanent.
9.4 Staff reviewed the objections raised by the public and organizations which are
summarized below:
. The keeping of exotic animals on the subject lands will not create jobs or promote
tourism
The revised application has deleted the on-site educational and recreational
components. The applicant is simply proposing to retain his business and will not
encourage public access to these facilities. As such, staff concur that this application
should not be evaluated as part of the Tourism Node identified in the Official Plan
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REPORT NO.: PD-016-01
PAGE 8
. Animal waste will pollute the creek
This facility would be much less obtrusive than most farming operations in terms of
pollution of the creek. The Regional Health Department does not find that the
keeping of exotic animals will create a health risk.
.
The boarding of the exotic animals will create a distraction for motorists on
Highway 35/115
The Ministry of Transportation is requiring screening from the highway. An existing
berm isolates the site from the highway. The applicant has also indicated that he will
be planting larger coniferous trees around the property's perimeter for year round
screemng.
.
The number of animals permitted on the site should be limited
The application requests a zoning that would limit the use to a maximum of four
exotic mammals being boarded, each mammal not to exceed 100 kg. Zoning
regulations are not able to regulate the number of animals.
.
The safety and security of the animals and in the event of an escape, danger to the
residents
The applicant proposes a security fence with two double door animal enclosures. All
access to the exotic animals would require entry through 3 separate gates. The
proposed enclosures would be as safe or safer than those of Jungle Cat World.
However, the Municipality is unable to ensure that proper safety procedures are
followed by the people operating the facility.
Due to the narrow configuration of the property, the animal enclosures would be
potentially exposed to people who may be curious or wish to do the animals harm.
The applicant feels that with the screening of the site, including berms along Tamblyn
Road, and with supervision from his residence, this would not be a problem.
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REPORT NO.: PD-016-01
PAGE 9
However a small facility as proposed would be unattended from time to time.
.
There is no need for another exotic animal facility with accredited facilities like
Jungle Cat World and Bowmanville Zoo
The Municipality does not regulate business competition, only ensures the fulfilment
of our Official Plan. The need for this type of business cannot be assessed.
.
The subject lot is not large enough for this type of use
Residents and Zoocheck Canada have commented that they felt this 1.86 acre site was
too small for the proper caring of exotic manunals, in particular large cats. The
proposed animal enclosures are 2100 sq. ft. and 2000 sq. ft. each. This is comparable
to enclosures within Jungle Cat World, although the number of animals in each
enclosure was not reviewed. Furthermore, this would meet or exceed the standards
for many types of animals established by zoological associations. However, there are
no enforceable national or provincial standards for exotic animals. If the number of
animals was limited, the size ofthe site or the size ofthe enclosures do not appear to
be a critical factor.
. Approving an additional exotic animal facility in this area would set a precedent
for other applications
Staff concur with this point. Until this point in time, the only exotic animal facilities
permitted were two major tourist attractions, the Bowmanville Zoo and Jungle Cat
World. The exotic animal by-law also exempts veterinary clinics so that they can
treat and board exotic animals. There is has been a growing interest in keeping
exotic animals, as evidenced in the recent MacLean's Magazine feature issue entitled
"Animal Wrongs". This application, while for a business, is on a smaller residential
lot and could lead to other requests to keep exotic animals.
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REPORT NO.: PD-016-01
PAGE 10
9.5 After consideration of the above, it is staff s position that the use of these lands as an
exotic animal facility, even for the purpose of an off-site education business, is not
desirable because it would set a precedent that could very easily lead to other applications
to keep exotic animals. The Municipality's approach to exotic animals to date has been
twofold:
.
either the keeping of defined exotic specifies is prohibited; or
Zoos and veterinarians are exempted.
.
While the Municipality does have the powers under the Municipal Act to regulate
"establishments for the breeding or boarding of animals", the difficulty is that there are
no widely accepted standards in Ontario. The Municipality has not attempted to prepare
its own standards. Mr. Creed would not be a qualified zoological park and would not be
subject even to the voluntary standards of the Canadian Association of Zoological Parks
and Aquariums. This is not to say, however, that Mr. Creed does not properly care and
provide for his animals.
Once the door is open to permit individuals or small facilities to board exotic animals, it
will be difficult to not treat other applications in a similar manner. The Ontario Society
for the Prevention of Cruelty to Animals has taken the position that only accredited zoos
should board exotic animals. Staff concur with this approach.
10. CONCLUSIONS
10.1 Based on the comments contained in this report, it is respectfully recommended that the
application by REFUSED.
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REPORT NO.: PD-016-0l
Respectfully submitted,
PAGE 11
Reviewed by,
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Chief Administrative Officer.
David J. ome, M.C.I.P., RP.P.
Director of Planning & Development
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23 January 2001
Attachment 1 - Key Map
Attachment 2 - Site Plan
Attachment 3 - Adjacent Neighbours Petition
Attachment 4 - Tamblyn Road Residents Petition
Attachment 5 - Jungle Cat World Letter
Attachment 6 - Zoocheck Canada Letter
Attachment 7 - Orono Horticultural Society Letter
Attachment 8 - Ontario Society for the Prevention of Cruelty to Animals
Interested parties to be notified of Council and Committee's decision:
Johannes M. Vanderveen
Viola Jean Vanderveen
86 Tamblyn Road
R.R.#I
ORONO, Ontario LOB IMO
Cornelis Mostert
Carol K. Mostert
87 Tamblyn Road
RR.#I
ORONO, Ontario LOB IMO
Christopher Hall Newton
53 Tamblyn Road
ORONO, Ontario LOB IMO
Owner/Occupant
55 Tamblyn Road
ORONO, Ontario LOBIMO
Allen James Lagace
57 Tamblyn Road
RR #1
ORONO, Ontario LOB lMO
Anne Anderson
John Leslie Anderson
61 Tamblyn Road
R.R.#I
ORONO, Ontario LOB lMO
Hendrik John Prinzen
Didy Prinzen
155 Tamblyn Road
ORONO, Ontario LOB IMO
John Peter Van Dyk
24 Tamblyn Road
ORONO, Ontario LOB IMO
Don E. Gaudet
Carol Gaudet
39 Tamblyn Road
ORONO, Ontario LOB IMO
James Bryce Lynde
Pauline Grace Lynde
51 Tamblyn Road
ORONO, Ontario LOB IMO
Wolfram Harro Klose
Christa Klose
3667 Concession Road 6
ORONO, Ontario LOB IMO
Cynthia Louise Young
29 Tamblyn Road
ORONO, Ontario LOB IMO
- 619
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REPORT NO.: PD-016-01
PAGE 12
Lorna Ferguson
3682 Concession Road 6
R.R.#I
ORONO, Ontario LOB IMO
Grace Luella Peacock
Robert Bruce Peacock
5820 Gamsby Road
ORONO, Ontario LOB IMO
Barclay Robert Crozier
Elizabeth Anne Crozier
5786 Gamsby Road
R.R.#I
ORONO, Ontario LOB IMO
Gerald Miller Duvall
Jean Florence Duvall
5971 Co-op Road
P.O. Box 546
ORONO, Ontario LOB IMO
Charles Allen McMaster
Lola Thomison McMaster
5858 Gamsby Road
R.R.#I
ORONO, Ontario LOB IMO
Barry Pedwell
Gail Pedwell
47 Tamblyn Road
ORONO, Ontario LOB IMO
Lillian Rowley
38 Blithfield Avenue
WILLOWDALE, Ontario
M2KlYI
Gezine Maria Eiken
4740 Main Street
Box 5
ORONO, Ontario LOB IMO
Douglas A. Benedict
Christine Mary Benedict
5945 Co-op Road
R.R.#I
ORONO, Ontario LOB IMO
Durham Farmers Co-
operative
c/o Gordon Barrie
5968 Co-rip Road
Box 178
ORONO, Ontario LOB IMO
Adelaide Maingot
71 Tamblyn Road
ORONO, Ontario LOB IMO
620
ATTACHMENT 1
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tw2m 150 TAMBLYN ROAD, ORONO
LOT 28
LOT 27
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LOT 25
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COUNCIL DIRECTION
ATTACHMENT 3
'OOMAI'23 Pt'l 2:23:45
D-5
PETITION
, 111{f;Y /6/2 #t'
TO:
CLARINGTON COUNCIL
SUBJECT:
RE-ZONING OF 0.75 HA PARCEL OF LAND IN PART OF LOT 26,
CONCESSION 5, FORMER TOWNSHIP OF CLARKE
FROM:
ADJACENT NEIGHBORS
We the neighbors of the above parcel ofland are strongly opposed to the rezoning from
Agricultural to an appropriate zone permitting an EXOTIC ANIMAL FACILITY. This
parcel ofland is also going to be allowed to be used for an educational business,
recreational fields in conjunction with an educational camp and a home office.
We are opposed to this re-zoning for the following reasons:
I. Concerned over the pollution from animal excretions going into the creek which flows
through the said parcel ofland. This creek makes its way through Orono to the Orono
Park where many children play in the summer months.
2. Too close to the very busy highway 115/3 5 which borders the said parcel of land. The
fumes and over spray from the salt in the winter is not good for any animal. There is
also the possibility of distraction for motorists on seeing the animal pens and bon-fires
from the camp as they are traveling by resulting in a serious accident.
3. Neighbors have domestic animals very close by which will become very restless from
their instinct that wild animals are near by.
4. Noise from the animals is very annoying especially when there is inclement weather in
the air. Also since these are meat eating animals you have an offending odor from their
feces and the odor of the meat that is fed to them.
5. Not enough land to house animal pens and also have an educational camp on the same
facility. There is no room for parking therefore all the cars will have to park on the side
of Tamblyn Road which is very windy making it unsafe for everyone.
6. Once the parcel has been re-zoned there is no limitation to how many animals are
housed there. __
7. There is already an existing exotic animal business directly east ofMr. Cree 'WbIti;MU"ON
houses the exotic animals and an educational facility there as well. This has ~I{L'LL----;-
operating as long as Mr. Creed has been in the area. Why the change? We 0 1lC'*- ~'f_~ .
two facilities side by side.
8. There are already six businesses in Clarington that are listed on Schedule "C'.
for more.
9. When the time comes that Mr. Creed should sell the said parcel ofland this e.
perhaps an inexperienced party to start up an exotic animal business which c
in the animals putting the public in an unsafe environment.
10.What happens ifone of these animals escape.
623
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WE ARE STRONGLY AGAINST THIS RE-ZONING.
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WE ARE STRONGLY AGAINST TmS RE-ZONING
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The following residents of Tamblyn Road herby do NOT oppose the zoning application ZBA
2000-012 of Justinian Scott Creed at 150 Tamblyn provided the zoning be worded to include
the following restrictions and limitations.
. the zoning application to be worded as follows:
"A facility where exotic animals may be housed for
the purpose of an off-site educational business."
. the zoning application to be a temporary zoning (3years) and for council reconfirm
that should Mr. Creed move from the premises, the exotic animal by-law exemption
will not be inherited by the new owners or occupants;
. a maximum of 4 exotic mammals be housed on the property each mammal is not to
exceed 100 kg and a maximum of 2 mammal enclosures be erected
. let all zoo zoning restrictions be applied.
Name
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Telephone
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626
MUNICIP.. I' 1" lif CLAHIi(GIUN
PLAI\ , .. : I 'l r';' 'Tn,M~JJT
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Explore a world ofthreatened
and endangered species
'-.-.-/
JUNGLE CAT WORlD
3667 Concession Road 6
'Orono; Ontario
WB IMO
Canada
TEl.: 905.983.5016
FAX: 905.983.9858
wwwJunglecatworid.com
Jungle Cat World
3667 Conc.6
Orono, ON
LOB 1 MO
ATTACHMENT 5
~1ECClElJ~~
I MAY 1 5 2000
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tel: 983.5016
fax: 983.8206
info@junglecatworld.com
FOR YOUR INFORMATION:
On April 25, Mr. Scott Creed appeared before Council to request an
exemption from Clarington's Exotic Animal by-law. In considering this
application, the Municipality of Clarington Planning and Development
Department will request input from Clarington's various Departments.
This letter is to clarify any possible misunderstanding or assumptions
about Jungle Cat World's involvement with Mr. Creed's request.
Mr. Creed, under Immortal Incorporation, independently operates a
wildlife outreach program and zoo camp for Jungle Cat World Wildlife
Park. Though Jungle Cat World endorses his programs, we do not
support his endeavour to keep animals on his Tamblyn Road property
that borders on the busy 35/115 highway. Reasons include animal
welfare and public safety.
Jungle Cat World Wildlife Park, accredited by the Canadian Association
of Zoos and Aquariums, is more than qualified to house the animals used
for his wildlife education programs, and have always done so in the past.
It's unnecessary, if not a liability. for Mr. Creed to keep them on his 1.68-
acre lot. If Mr. Creed ever decides to sell his home, the zoning exemption
will remain. This only increases the possible risks associated with
keeping exotic animals with new and less experienced owners. It would
only encourage others to keep exotic animals on small building lots. We
iust want the community to know that we were completely unaware
of his intentions and oppose any exemption of Clarington ~ Exotic
Animal by-law.
By-law 93-161 prohibits and regulates the keeping of certain animals
within the municipality. Currently, there are only six businesses listed on
Schedule "C" that have been granted exemption. They are: Bowmanville
Veterinary Clinic, Courtice Pet Clinic, Durham Veterinary Clinic, East
Oshawa Animal Hospital, Bowmanville Zoo Ltd., and Jungle Cat World.
Zoological parks and those in the possession of exotic animals must also
meet the strict criteria of the Canadian Association of Zoos and
Aquariums.
The public is encouraged to voice their opinion at a public meeting in the
Council Chambers at the Municipal Administrative Centre, June 5 at 9:30
am. Please feel free to contact us or visit if you have any questions or
concerns.
627
. Frc~ Holly Penfound To: Zoocheck Canada
Date: 3/21/99 Time: 1 :42:54 PM
Page 3 of 3
ATTACHMENT 6
Mayor and Members of Council
Town of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Mayor and Members of Council:
June 4, 2000
Zoocheck Canada is a national animal welfare organization established in 1984 to monitor
zoological facilities across the country and to work for improved standards of captive wildlife
husbandry and housing. We collaborate regularly with zoo associations, individual zoos, wildlife
parks, and governmental and non-governmental agencies in this regard. We are currently
preparing draft standards for the keeping of native wildlife in captivity for consideration by the
Ontario Ministry of Natural Resources.
On Friday June 2"., I learned that the Municipality of Clarington will be considering a request by
Mr. Justinian Creed for a zoning bylaw amendment which would change the zone category of his
Tamblyn Road (Concession 5) property from "Agricultural" to one permitting an exotic animal
facility and associated activities. I would appreciate the opportunity to comment on the proposal.
Zoocheck Canada is opposed to any change in zone category on the subject property that would
. allow exotic animals to be housed or displayed for personal or commercial purposes. Our
opposition to the change is based on the following reasons:
EXOTIC ANIMAL FACILITIES ALREADY COMMON IN REGION. Mr. Creed's property
is situated almost directly across the street from Jungle Cat World, an established zoological
facility accredited by the Canadian Association of Zoos and Aquariums (CAZA). A second
accredited zoological facility, the Bowmanville Zoo, also operates within the Municipality of
Clarington. Six other captive wildlife facilities exist in the region as well.
We see no need for another exotic animal facility in the area. Current recreational and educational
opportunities involving captive wildlife are sufficient in the region. Additional facilities may
negatively impact on existing operations.
LACK OF MUNICIPAL CONTROL. The Province of Ontario currently has no legislation
governing the care and keeping of exotic (non-native) wildlife in captivity. There are no
requirements for opening and operating a zoological facility, and no standards for individual
animal housing and husbandry. Owners and managers of zoological facilities, who choose not to
adhere to the voluntary standards of the CAZA, can conduct themselves and operate their
businesses as they wish.
628
Frorr,: Hally Penfound To: Zoocheck Canada
Date: 3/21/99 Time: 1 :42:54 PM
While standards tor the keeping of native wildlife held by zoos, education and rehabilitation
centers and private citizens are being developed and should be phased in completely by January
I, 200 I, animal species not native to the province will continue to remain unregulated. Ontario
facilities holding exotic animals are not now subject to provincial or federal regulation, nor will
they be in the forseeable future. .
If the proposed zoning amendment is approved and an exotic animal facility opened, the
Municipality of Clarington will be unable to exercise any control over the type or numbers of
animals held or the conditions in which they are kept.
ANIMAL WELFARE. A number of factors that potentially impact on animal welfare must be
considered when constructing facilities to house exotic animals. Foremost among these is good
tacility design.
It's important that the design incorporate adequate space for the inhabitants of the facility, as well
as for staff and visitors. Adequate cage and enclosure space helps create a "comfort level" for
animals, often preventing the development of aberrant behaviours and/or constant searches for
escape routes. The provision of adequate space is more complex than simply providing enough
room for an animal to walk a few paces in either direction. There are a multitude of factors that
impact on the ability of a cage or enclosure to satisfy the animals' biologicaVbehavioural needs.
The actual location of animal cages and enclosures within the facility is also important and
involves consideration of additional factors including the source, type and frequency of stimuli
that might disturb the animals, and their reaction to other species being on the property.
Mr. Creed's Tamblyn Road property is approximately 1.6 acres in size and abuts Highway
35/115. I doubt he will be able to house animals appropriately given the small size of his property
and the extremely limited opportunities he has available to shift cages and enclosures according
to the animals' individual and species-specific requirements. This difficulty will be further
compounded by the inclusion of a zoo camp and other activities on the property.
.1 was informed that Mr. Creed has mentioned housing big cats and other species on his property. I
don't believe Mr. Creed's property is large enough to adequately house and care for more than a
tew relatively small animals. To illustrate how much space is required tor larger animals, I'd like
to reference the Tiger Foundation's guidelines for tiger enclOsures. They recommend a range of
15,500 - IIS,500 sq. ft. of appropriately outfitted and landscaped space per pair of tigers. As well,
there should be space for an outside buffer zone between the enclosure and the facility perimeter
fence.
The noise from Highway 35/115 and the close proximity of other animals within the facility, and
on neighbouring properties, may also be problematic from a visual, auditory and olfactory
standpoint.
Zoocheck Canada is also concerned about the use of exotic animals, particularly prolific breeders
like big cats and wolves, in education programs. As adult animals are considered too
unpredictable and dangerous to use in most presentations, especially when contact with the public
is allowed, young animals are used instead. Once the young reach sexual maturity though, they
are typically retired and replaced. Regretfully, most of the animals used in these kinds of
presentations are already over-abundant in captivity. If a retired animal can not be permanently
housed by the operator of the educational program, its placement in an acceptable facility may be
an almost impossible task. Tigers and other big cats are now so common in Ontario, they've been
629
Page 3 of 3
2
'From: Holly Penfound To: Zoocheck Canada
Date: 3/21/99 Time: 1:42:54 PM
advertised for sale tor as little as $150. Ifprograms require a constant source of new young
animals, they may be worsening an already severe sUlplus situation.
SAFETY AND SECURITY. Responsible zoological operations make every effort to protect
their animals, employees, visitors, and facilities by making safety and security a primary
objective. They do this by incolporating safety and security concerns into every aspect of facility
planning, construction and operation
When considering new facilities, designers should consult with other facilities that house similar
animal species to fmd out what does and what does not work. Simply erecting a fence around a
parcel of land in the hope that it will safely confme a potentially dangerous animal is not
adequate.
Standard zoological facility safety and security meaSUres are contained in the Canadian
Association of Zoos and Aquariums Standards of Animal Care and Housing, the European
. Ali"1i"ociation 0[Z008 and Aquariums standards/or the accommodation and care of animals in
zoos, as well as numerous legislated standards around the world. They include, but are not limited
to, the following:
Perimeter & stand-ofT fencing - Perimeter fencing must surround the entire facility, be at least
2 m in height, and topped with barbed wire. Perimeter fencing will discourage escaped animals
from leaving the facility grounds and will help prevent feral animals and human vandals from
entering. The bottom of the fence should be buried to a depth of .25 m or securely attached at
ground level to a concrete base or skirt.
Stand-off barriers that keep the public a safe distance from the animal cages must be in place at
all exhibits housing potentially dangerous animals, or animals that could be injurious to visitors if
contact were achieved. The public should not be able to access cages or enclosures by walking
around or stepping over barriers, and all barriers should be designed to discourage children from
climbing over them.
Double-door entranceways - All enclosures housing potentially dangerous animals must be
equipped with double door entranceways that allow staff members to enter the flfSt door, locking
'it behind them, before entering the actual animal enclosure through the second door. This
measure is required to ensUre that dangerous animals do not slip past staff as they enter
enclosures, or escape ifthey incapacitate a staff member. All cage and enclosure entrances should
be locked.
Secure Secondary Containment Areas - All cages and enclosures should have secure
secondary containment areas for segregation of animals during enclosure cleaning and
maintenance, for specific veterinary procedures, and in some cases, night housing. For potentially
dangerous animals, secure secondary containment areas are essential. Staff should be able to
secure the area, by a guillotine door or other device, without entering the enclosure.
Emergency Protocols- All zoological facilities must have protocols in place to deal with animal
escapes, staff or visitor illness and injury, severe weather, [lTC, and other emergency situations.
All staff should be thoroughly trained and familiar with emergency protocols, and the equipment
necessa ry to carry them out should be in place.
Tigers, cougars and other big cats, as well as a range of other species, have escaped from Ontario
facilities with alarming frequency frequency in recent years. In addition, there have been a
number of human irtiuries and deaths. Ontario examples include, a 16 year old youth who had his
arm tom off by a lion at a private zoo; a boy killed by a "tame" pet tiger near Wendovcr; a
630
Page 3 of 3
3
From,:-HotIY Pen;ounct To: Zoocheck Canada
Date: 3/21/99 Time: 1:42:54 PM
cougar severely biting the head of an infant near London; and a teenage man killed by his pet
python in Brampton.
If the Council of the Municipality of Clarington chooses to consider exemptions to the current
exotic animal bylaw, or changes to zoning that would allow for new exotic animal facilities, a
detailed plan outlining what measures will be employed to protect animal, staff, public and
facility safety should be required. Because of the specialized nature of zoological facilities, we
also encourage Council to have the plan reviewed professionally.
If you require additional information about any aspect of this letter, please feel free to contact me
at any time.
Sincerely,
Rob Laidlaw
Executive Director
Zoocheck Canada Inc.
3266 Yonge Street, Ste. 1417
Toronto, Ontario, M4N 3P6
(Ph) 416-2S5-1744
(Fax) 416-2S5-4670
631
Page3cf3
4
ATTACHMENT 7
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W ONTARIO HORTTCUl..TURAL SOCIETY w
BOX 426
ORONo ON LOB lMO
UllHCCrnrr'01IE1D
May 16, 2000
MAY 1 7 lOOO
Mayor Diane Hamre
Bowmanville Municipal Office
40 Temperance Street
Bowmanvif/e ON
,',:1\.iP{i.C!P'ALITY O'f Cl.AH~liG'lWl
1\~J.W(lI{S UHlet.
Attention: Mavor Hamre and Council of Clarinaton
Dear Mayor Hamre:
The executive and directors of the Orono Horlicultural Society would like to voice
our protests and concerns regarding Mr. and Mrs. Justinian Creed to permit the
keeping of wild animals on a properly totally unsuitable for this purpose.
The reasons being:
1. Close proximity to highway, animals would be subjected to noise, noxious
fumes and salt spray in winter months.
2. Lack of parking facilities and lack of space to proVide parking.
3. Run off from animal waste into the stream on this property which
eventually runs into Orono Park which is a recreation area for children
4. Odor and noise from animals.
5. Once this land has been rezoned as a campground and wifd animal facility
the exemption would be permanent and if this properly was sold in the
future this could result in a lot of problems for the neighborhood and the
municipality.
Sincerely,
On an environment level we would like to see this parcel of land remain zoned as
agricultural. _ _ _... ..._..
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5347 Regional Road 18
Newtonville ON LOA 110
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The executive and directors of the Orono Horlicultural Society
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02/13/2001 16:41 FAX 19058982167
ONT SPCA INVESTI
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A IT ACHMENT 8
Ontario Society for the Prevention of Cruelty to Animals
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16586 Woodbine Avenue. RR 3 Newmarker. Ontario L3Y 4WI
TeI: (905) 898-7122 I 8880NT-SPCA Fax: (905) 853-8643
www.ospca.oo.ca
Protecting animals .'nee 1873
February 14,2001
Ms. Susan Ashton, Planner
Development Review Branch
Municipality of Clatington
40 Temperance Street
Bowmanville ON L1 C 3A6
Dear Ms. Ashton:
Further to our telephone conversation on February 13,2001, I would like to reiterate that
the Ontario SPCA is strongly opposed to private individuals keeping exotic animals in
captivity.
Every year the society is involved with Or aware of incidents where 'well meaning'
individuals have problems with their animal charges. In addition to animal welfare
issues, human safety issues must be considered; during the past few years there have been
several fatalities caused by wild animals in captivity, as well as serious injury incidents.
The issue of exotic animal ownership is not dealt with by provincial or federal legislation.
It is solely the responsibility of municipal government to protect the citizens as well as
the exotic animals by not allowing private individuals to keep those animals.
The Ontario SPCA urges all members of Clarington Council to deny the Zoning By-law
Amendment Application ZBA 2000-012.
If I can be of further assistance to you or members of Clarington Council, please feel free
to contact me.
';J? ~$
H.(Hugh) Coghill, Senior Inspectur
Manager, Inspection Services
633