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HomeMy WebLinkAboutPD-38-95 DN: FAIRGROUND.GPAE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT P U B L I C M E E T I N G Meeting: General Purpose and Administration Committee File # o�. Date: Tuesday, April 18, 1995 Res. Report #.PD-38-95 File #: DEV 95-004 By-law # Subject: PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY-LAW 84-63 WITH RESPECT TO THE DEFINITION OF FAIRGROUND MUNICIPALITY OF CLARINGTON FILE: DEV 95-004 Recommend s: respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-38-95 be received; 2 . THAT the zoning amendment application be referred back to Staff for further processing and the preparation of a subsequent report following receipt of the outstanding agency comments; and 3 . THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Municipality of Clarington 1. 2 Zoning: Amend definition section within by-law by adding a definition for "Agricultural Fairground" and amend Section 6. 1 (b) (viii) by deleting "Public Fairground" as a permitted use and replacing it with "Agricultural Fairground" . 1..3 Area subject to rezoning application: All lands zoned within Municipality that permit the use of land for a fairground. 2 . BACKGROUND 2 . 1 The decision of the Ontario Court of Justice, Divisional Court, as released July 11, 1994, with respect to Mosport Park included a declaration that stated in consideration of the permitted uses listed within the Agricultural (A) zone, the . . . .2 TJ 1 REPORT NO. PD-38-95 PAGE 2 definition of fairground" would include the use of lands for outdoor music festivals or concerts as a permitted use under By-law 84-63 . 2 .2 The Motions for Leave to Appeal this decision of the Lower Court, as filed, was subsequently heard and dismissed by the Court of Appeal for Ontario. 2 . 3 In consideration of the above, the General Purpose and Administration Committee and subsequently Council at their February 27, 1995 meeting endorsed Staff Report PD-16-95 and the recommendation contained therein: "That Staff be authorized, pursuant to the requirements of the Planning Act, to place an advertisement in the local newspapers advising the general public of the date and time of a public meeting to be held to consider a proposed amendment to the Municipality's Comprehensive Zoning By-law with respect to the definition of fairground. " 3 . PUBLIC NOTICE AND SUBMISSIONS 3 . 1 Pursuant to Council's resolution of July 26, 1982 and the requirements of the Planning Act, the appropriate notice was provided by including notice of the public meeting within the local newspapers advising of the date and time of the public meeting to be held to consider the proposed amendment to the Municipality's Comprehensive Zoning By-law. 3 . 2 As a result of the public notification process, the Planning and Development Department has received two (2) telephone inquiries with respect to the proposal. Both inquiries requested more detailed information regarding the proposal. 3 . 3 One of the inquiries was made on behalf of the Durham Central Agricultural Society requesting "stand alone music festivals or concerts" be permitted at the Orono Fairground. Subsequent to the verbal enquiry, the Society advised in writing that it . . . . 3 REPORT NO. PD-38-95 PAGE 3 has some concerns with respect to the ramification of the proposed by-law amendment. This issue is addressed later on in this report. Copy of it's letter is attached. 4 AGENCY COMMENTS 4. 1 In accordance with departmental procedures, the application was circulated to the Region of Durham Planning Department requesting their comments on the conformity of the application with the Regional Official Plan. To date no response has been received. 5. STAFF COMMENTS 5. 1 By-law 84-63 allows fairground as a permitted use under the Agricultural (A) zone. However, Fairground is not defined. To the extent that the Courts have rendered its interpretation that a fairground does include stand alone music festivals are concerts, this has created the potential for other Agriculturally zoned land owners to use their properties for such uses. The ramification of this decision of the Court is significant particularly in view of the fact that approximately forty (40%) percent of the Municipality is zoned Agricultural (A) . 5. 2 When By-law 84-63 was enacted in 1984, it was unlikely that Council of the day was contemplating stand alone music festivals or concerts as a permitted use within the Agricultural Zones. The purpose and intent of the proposed zoning change as initiated by the Municipality would amend the Zoning By-law by: i) amending the permitted uses within Agricultural (A) zoned lands by deleting "Fairground" and replacing it with "Agricultural Fairground" ; and ii) adding a new definition for "Agricultural Fairground" which would have the effect of prohibiting a stand alone music festival or concert save and except the lands owned by Mosport Park Ltd. 4 � I,Irt� . . . . REPORT NO. PD-38-95 PAGE 4 5. 3 The following definition has been drafted by Staff to implement the above noted items: "AGRICULTURAL FAIRGROUND shall mean the use of land, building(s) or structure(s) for the purpose of permitting the temporary exhibition and/or sale of farm produce, livestock, rodeos as well as permitting in association with such events, ancillary/accessory uses such as music, art, goods, wares, vehicle auction, flea market, concession stands and midways save and except in the event of an exhibition of music, stand alone music festivals or concerts are permitted on the lands within Lots 33 , 34 and 35 in Concession 9, former Township of Clarke. " 5.4 With respect to the concerns raised by the Durham Central Agricultural Society, the effect of the new definition will alleviate the concerns raised by the Society's letter of April 3, 1995. However, it will not allow stand alone music festival or concert on the Orono Fair Ground land. Although this request is not contained in its letter of April 3 , 1995, it has been verbally conveyed to us. In any event, Staff will ascertain from the Society as to its request and will address this issue in a subsequent report. 5. 5 As the purpose of this report is to provide the status of the application for the public meeting and in consideration of the outstanding comments, it would be appropriate to have the application referred back to Staff for further processing. Respectfully submitted, Reviewed by, d. Franklin Wu, M.C. I.P. W. H. Stockwell Director of Planning Chief Administrative and Development Officer LDT*FW*cc Attach. April 7, 1995 CC: Bill Tomlinson, Durham Central Agricultural Society +PM opa� Durham Central Agricultural Society v P. O. BOX 90, 2 PRINCESS STREET pAt- ORONO, ONTARIO LOB 1 MO m Sa April 3, 1995 P� t ��+i�� 4 N I Mr. Frank Wu Director Planning Board Municipality of Clarington 40 Temperance Street Bowmanville, Ontario Li C 3A6 Dear Mr. Wu: At a recent meeting of the executive of the Durham Central Agricultural Society, the proposed by- law amendment which would define "Agricultural Fairground" was discussed. There was concern about the implications of this amendment to the activities of the society. The Durham Central Agricultural Society holds its annual agricultural fair in September at their fairgrounds in Orono adjacent to Hwy 115 and held their anniversary celebrations for the 140th fair in 1993. In 1994, the Ontario Rodeo Championships were held at the fairgrounds for the first time in a five year commitment. Two local service clubs were instrumental in bringing this event to Clarington and in helping to reconstruct a site on the grounds which would accommodate the rodeo. The municipality was generous in financially supporting this reconstruction along with the assistance of many local businesses from within the entire community. Several organizations have inquired about using our improved facilities at other times of the year. Horse shows, Country and Western shows, and the Clarington Concert Band are some that have expressed an interest in holding events at the grounds. A change in the by-law could restrict the type of events that we would be allowed to have on our grounds. As the only agricultural society in the municipality, we have provided the community with an excellent fall fair. Now that the fairgrounds have been enhanced, we are hoping to provide the citizens with more community based events and entertainment opportunities of an outdoor nature that are compatible with our location. As a not for profit organization, any increased revenues will be used to maintain and improve the site so that we can continue to offer alternatives for our citizens to enjoy. Our executive would meet with you to discuss this issue. I will call your office to set an appointment for this purpose. Yours sincerely Bill Tomlinson, President Durham Central Agricultural Society