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Home My WebLink AboutPD-168-92 ~ COSF~OF~A°T~O~' ' T°hi 8 9F CASTL. DN: DEV92030.GPA P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File ~ ~~C)s~ Date: Monday, July 20, 1992 Res. #o~ PD-168-92 DEV 92-030 ~y-L~'~ F~epart File _ Subject: REZONING APPLICATION - STAPLETON BROS PART LOT 13, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 92-030 ~cr~r~nati~nse It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-168-92 be received; 2. THAT application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, submitted by Marvin Stapleton on behalf of Ray and Glenn Stapleton, be referred back to Staff for further processing and the preparation of a subsequent report upon receipt of all outstanding comments; and 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Marvin Stapleton 1.2 Owner: Ray and Glenn Stapleton 1.3 Rezoning: From Agricultural Exception (A-1) and Environmental Protection (EP) to a zone appropriate to permit the temporary use of the land for purposes of a motorcycle racing track. 1.4 Area: 4.94 hectares 2. LOCATION 2.1 The subject lands are located in Part of Lot 13, Concession 2, former Township of Clarke. The municipal address of the lands is 2814 Stapleton Road. The site on which the proposed motorcycle racing track is located is within the northern portion of the landholding and directly abuts Stapleton Road. ~ ~ ~P~~~ ~Ew~~E 'IN IS IS F~iNItiD( ~ECYCLE~ PAPER REPORT NO. PD-168-92 PAGE 2 The site chosen sits atop a hill. A small gravel pit used by the owners of the land is located just south of this site. A locally significant wetland (Class 4) known as Clarke Summit Swamp is situated just west of the lands. This wetland has also been identified as an Area of Natural and Scientific Interest (Life Science) by the Ministry of Natural Resources. A Life Science ANSI identifies an area which possesses a distinctive natural environment. This natural feature is shallow and poorly drained and supports a thicket swamp and wet meadow which possess regionally uncommon species. Generally, the vegetation is mixed woods forest, hardwood forest and white cedar forest. Within the forest some provincially rare plant species have been found. In addition, this wetland slowly releases water throughout the drier months into Graham Creek. 3 BACKGROUND 3.1 On June 5, 1992, an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, was made. This application proposed that a motorcycle race track be permitted on a temporary basis. The owner submitted this application subsequent to discussions with the Town of Newcastle By-law Enforcement Officer. 4 EXISTING AND SURROUNDING USES 4.1 Existing Uses: Agricultural 4.2 Surrounding Uses: East - Agricultural West - Clarke Summit Swamp & Agricultural South - Agricultural and Farm-related uses North - Agricultural and Farm-related uses 5 OFFICIAL PLAN POLICIES 5.1 Within both the 1976 and 1991 Durham Region Official Plan the subject site appears to be designated Permanent Agricultural Reserve and Major Open Space with indications of Hazard Lands. Lands designated Permanent Agricultural Reserve shall be used ....3 ,r, lf REPORT NO. PD-168-92 PAGE 3 primarily for agricultural purposes. Agricultural, conservation, and other similar uses shall be the predominant use of land in areas designated Major Open Space. Recreational. uses may be permitted provided that the use is compatible with the surrounding area and that it is in conformity with the intent of the Official Plan. The Conservation Authority and the Ministry of Natural Resources shall determine the extent of any Hazard lands. 6 ZONING BY-LAW PROVISIONS 6.1 According to the Town of Newcastle Comprehensive Zoning by-law 84-63, as amended, the subject lands are zoned "Agricultural Exception (A-1)" and "Environmental Protection (EP)". Lands zoned Agricultural shall be used for agricultural and farm- related uses. Conservation is the main use permitted within the Environmental Protection zone. 7 PUBLIC MEETING AND SUBMISSION 7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7.2 At the time of writing this report, one letter of objection has been received. This letter states that the authors oppose any rezoning of the lands to permit a motorcycle race track. They state that the noise created from this use is very disturbing and that it "spooks" their cattle. They are also concerned about damage to the environment from garbage generated from the consumption of food and beverages. It is suggested in this letter that Mosport Park be used to race these vehicles. Staff noted that the owner of Morport Park has made verbal enquiry about this application. J ~ ~ ....4 REPORT NO. PD-168-92 PAGE 4 7.3 One resident called to say that although he can see the activities and hear it from his house he has no objections to this application. 8 AGENCY COMMENTS 8.1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and • agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Ganaraska Region Conservation Authority 8.2 The Town of Newcastle Fire Department has stated that they have no objections to the application but that they require an access be maintained to allow emergency vehicles access to the site. 8.3 The Durham Region Health Department advised that the following information must be provided prior to their issuing comments on the application: 1) The anticipated attendance at the events. 2) If food will be served at these events. 3) If first aid and stand-by ambulance services are provided. 4) The method of garbage collection. 8.4 Comments remain outstanding from the following circulated agencies: Town of Newcastle Public Works Town of Newcastle Community Services Durham Region Planning Department Ministry of Agriculture and Food Ministry of Natural Resources 9 STAFF COMMENTS 9.1 In the past, motorcycle racing has occurred on these lands. As a result of these races, residents complained about the excessive noise created by these activities. The Stapletons hope to hold approximately 3 to 4 races a year. ....5 `J~ n REPORT NO. PD-168-92 PAGE 5 9.2 Inasmuch as the Stapletons rent the property to the "Lakeshore Dirt Riders Association" and that the public are invited, a Public Entertainment License must be issued by the Town for each and every event or race. The Stapletons requested Council to waive the $300.00 Special Occasions fee. This request was placed on Council's agenda at its meeting on July 13, 1992. 9.3 The surrounding lands are subject to a number of natural and human constraints. Consideration must be given to the potential impact of this activity on the Clarke Summit Swamp. As stated previously this natural feature is designated as a Life Science ANSI and is a Class 4 wetland. Pursuant to the Provincial Wetlands Policy Statement, the municipality must have regard for locally significant wetlands (Class 4 to 7) when making decisions regarding land use. It is noted that this site is also within close proximity to an existing landfill site which is operated by Laidlaw Waste Systems. Additionally, the Interim Waste Authority identified the lands east of the proposed site as Candidate sites for landfills. 9.4 The applicant has applied for a temporary zoning to permit the proposed use. If approved, a temporary zone will permit the use of the land for up to three years. When the time period elapses, the applicant can apply for a three (3) year extension. 10 CONCLUSION 10.1 The purpose of this report is to facilitate the Public Meeting as required by the Planning Act, to provide Committee and Council with some background on the application submitted and for Staff to indicate issues or areas of concern regarding the subject application. It is recommended the application be referred back to Staff for further processing and subsequent report upon resolution of the above issues and receipt of all outstanding comments and required revisions. i ~ ~ ....6 eJ REPORT NO. PD-168-92 PAGE 6 Respectfully submitted, Recommended for presentation to the Committee r'' ~'1,~~-f.2LL2~1 Franklin Wu, M.C.I.P. Lawrence E. Kot f DIrector of Planning Chief Administ ive and Development Officer HB*FW*CC *Attach 10 July 1992 Interested parties to be notified of Council and Committee's decision: Stapleton Bros. Ray and Glenn 2814 Stapleton Road R.R. #8, Newcastle, Ontario L1B 1L9 Marvin Stapleton 2100 Stapleton Road R.R. #8 Newcastle, Ontario L1B 1L9 Bernard Kamin Danson Kamin Recht and Freedman 30 College St. 2nd Floor Toronto, Ontario M5G 1K2 Mr. Walter Hale Mr. James Hale R.R. #1 Orono, Ontario LOB 1M0 j, i _ i SUBJECT SITE OTHER LANDS OWNED BY APPLICANT 16 15 14 13 12 I I 10 9 8 ? CONCESSION ROAD 4 _ . 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