HomeMy WebLinkAboutPD-62-95DN:FAIR- DEF,GPATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting: General Purpose and Administration Committee File #
Date: Monday, , June 19 , 19 9 5 Res. # (2 2/1
Report # :PD- 62-95 File #: DEV 95 -004 By-law # 9°6-= Sg
5 -87
Subject:
PROPOSED AMENDMENT TO COMPREHENSIVE ZONING BY -LAW 84- 6394`. -_ 9®
WITH RESPECT TO THE DEFINITION OF "FAIRGROUND" /
MUNICIPALITY OF CLARINGTON
FILE: DEV 95 -004
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -62 -95 be received;
2. THAT the application (DEV 95 -004) to amend the Comprehensive
Zoning By -law 84 -63 of the former Town of Newcastle to delete
"public fairgrounds" from the list of permitted uses under the
Agricultural (A) zone, add a new definition for "Agricultural
Fairground ", amend the Agricultural Exception (A -21) zone
provisions to include as a permitted use "agricultural
fairground and music festivals or concerts" and amend the
Urban Residential Exception (R1 -14) Zone provisions to include
as a permitted use "music festivals or concerts which are
operated by a not - for - profit organization ", be APPROVED;
3. THAT the amending by -laws attached hereto be forwarded to
Council for approval;
4. THAT a copy of this report and the amending By -laws be
forwarded to the Durham Region Planning Department; and,
5. 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
Zoning: 1) delete "public fairground" as a permitted
use under the Agricultural (A) zone;
518
REPORT NO.: PD -67 -95 PAGE 2
2) amend Section 2 entitled "Definitions" by
adding a new definition for the term
"Agricultural Fairground ";
3) amend the Agricultural Exception (A -21)
zone provisions by adding to the list of
permitted uses "agricultural fairground and
music festivals or concerts ";
4) amend the Urban Residential Exception
(R1 -14) zone provisions by adding to the list
of permitted uses "music festivals or concerts
which are operated by a not - for - profit
organization ".
1.3 Site Area: All lands zoned within the 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 within the Agricultural (A) zone, the
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 In consideration of the ramification of the Court's decision,
the General Purpose and Administration Committee and
subsequently Council authorized staff to commence a rezoning
process that would deal with the issue of "fairground" in the
Municipality's Zoning By -law.
REPORT NO.: PD- 62 -95 PAGE 3
2.3 At the public meeting held on April 24, 1995, Council approved
the following recommendation:
"THAT Report PD -38 -95 be received;
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,
THAT all interested parties listed in Report PD -38 -95 and any
delegation be advised of Council's decision."
2.4 In light of the submissions and comments made at the Public
Meeting held on April 24, 1995, staff rescheduled a second
Public Meeting to consider changes to the Zoning By -law to
incorporate the requests of the Durham Central Agricultural
Society and the Region of Durham Planning Department.
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,
advertising a second Public Meeting was placed in the local
newspapers advising of the date and the time of the Public
Meeting to be held to consider the proposed amendment(s) to
the Municipality's Comprehensive Zoning By -law. Additionally,
in light of the nature of the amendments, individual notices
were mailed to Mosport Park, Durham Central Agricultural
Society and all land owners within 120 metres of both
facilities.
3.2 As a result of the public notification process, Planning staff
has not received, to date, any written or verbal submissions.
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. Regional staff in responding
520
REPORT NO.: PD -62 -95 PAGE 4
noted that fairgrounds, agricultural or otherwise are not a
permitted use within the "Agricultural" and "Major Open Space
System" designations in the Durham Regional Official Plan.
Accordingly, both the current By -law 84 -63, which permits
fairgrounds within the Agricultural (A) zone and the proposed
amendment, would not conform to the Durham Regional Official
Plan. Policy 20.4.1 of the Durham Plan states that every
zoning by -law in effect in the Region shall be amended to
conform with the Durham Plan pursuant to the Planning Act.
Therefore, "fairgrounds" should be deleted from the list of
permitted uses within the Agricultural zone.
5. STAFF COMMENTS
5.1 As a result of comments received and in consideration of the
decision of the Court, with respect to Mosport Park land; the
desire of the Durham Central Agricultural Society to hold
music festivals or concerts; and Durham Region's request not
to allow agricultural fairground on lands designated
"Agricultural" and "Major Open Space ", staff proposed three
separate by -law amendments to deal with the whole issue of
fairground.
5.2 The first amendment contains two parts:
a) delete public fairground as a permitted use under the
Agricultural "A" zone;
b) add a new definition of "Agricultural Fairground" to read
"Agricultural Fairground shall mean the use of land,
building(s) or structure(s) for 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 ".
REPORT NO.: PD- 62 -95 PAGE 5
The proposed deletion of public fairgroundas a permitted
use in the Agricultural "A" zone would conform to the
Durham Region Official Plan.
5.3 The second amendment introduces new uses, namely "Agricultural
Fairground and music festivals or concerts" on the Mosport
Park lands which is currently zoned A -21.
The effect of this amendment would recognize the recent
decision of the Court. It is in conformity to the Durham
Region Official Plan pursuant to Section 20.2.2 which states
"this Plan is not intended to in any way infringe, nor is it
to be interpreted as in any way infringing, on the statutory
rights, powers or prerogatives of any other legal
jurisdiction "
5.4 The third amendment introduces "music festivals or concerts
which are operated by not - for - profit organization" as
permitted uses under the R1 -14 zone which covers the existing
Orono Fairground land.
This amendment is also in conformity to the Durham Plan which
allows the Municipality to pass a zoning by -law to allow the
continuation, expansion or enlargement of existing uses
providing certain criteria are met. These criteria include no
adverse impact on surrounding uses, conform to Agricultural
Code of Practice, and accessible by public road. Based on the
information provided by the Durham Central Agricultural
Society, staff is satisfied that allowing music festivals or
concerts to be operated by not - for - profit organization on the
Orono Fairground site would meet the above criteria.
REPORT NO.: PD -62 -95 PAGE 6
6. CONCLUSION
6.1 In consideration of the comments contained herein, staff would
respectfully recommend that the application to amend the
Municipality's Comprehensive Zoning By -law as contained within
the recommendations of this report be approved.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P., R.P.P. W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
LT *FW *df
5 June 1995
Interested parties to be notified of Council and Committee's
decision:
Mr. Bill Tomlinson, President
Durham Central Agricultural Society
P.O. Box 90
2 Princess Street
Orono, Ontario.
LOB 1140
Mosport Park
c/o Bernard J. Kamin
Barrister and Solicitor
111 Eglinton Avenue East
Suite 200
Toronto, Ontario.
M4P 1H4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to amend By -law 84 -63, being the Comprehensive Zoning By -law for the
former Town of Newcastle.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle in
accordance with the Rezoning Application, DEV 95 -004 to delete "public fairgrounds"
from the list of permitted uses under the Agricultural (A) zone and add a new definition
for "Agricultural Fairground" within Section 2, entitled "Definitions".
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 2 entitled "DEFINITIONS" is hereby amended by adding the following
definition for "AGRICULTURAL FAIRGROUND" immediately after the definition of
"ADULT ENTERTAINMENT PARLOUR ".
"AGRICULTURAL FAIRGROUND
Shall mean the use of land, building(s) or structure(s) for 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 ".
2. Section 6.1(b) entitled "Non- Residential Uses ", is hereby amended by deleting
within Section 6.1(b) "viii) public fairgrounds" and renumbering the remaining uses
as follows:
"viii) seasonal farm produce sales outlet; and
ix) private kennels"
3. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
MAYOR
CLERK
524
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to amend By -law 84 -63, being the Comprehensive Zoning By -law for the
former Town of Newcastle
WHEREAS the Council of the Municipality of Clarington pursuant to Section 20.4.4 within
the Region of Durham Official Plan, at their sole discretion, may zone to permit the
continuation, expansion, or enlargement of uses which do not conform to the
designations and provisions within the Regional Plan;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle in
accordance with the Rezoning Application, DEV 95 -004 to recognize the right to use the
lands for an agricultural fairground and music festivals or concerts.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4.21 entitled "AGRICULTURAL EXCEPTION (A -21) ZONE" is hereby
amended by adding the words "Agricultural fairground and music festivals or
concerts" immediately after the words "motor vehicle race track ".
2. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1995.
BY -LAW read a second time this day of
Y 1995.
BY -LAW read a third time and finally passed this day of 1995.
MAYOR
CLERK
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to amend By -law 84 -63, being the Comprehensive Zoning By -law for the
former Town of Newcastle
WHEREAS the Council of the Municipality of Clarington pursuant to Section 20.4.4 within
the Region of Durham Official Plan, at their sole discretion, may zone to permit the
continuation, expansion, or enlargement of uses which do not conform to the
designations and provisions within the Regional Plan;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend By -law 84 -63, as amended, of the former Town of Newcastle in
accordance with the Rezoning Application, DEV 95 -004 to recognize the right to use the
lands for music festivals or concerts operated by not - for - profit organizations.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 12.4.14 entitled "URBAN RESIDENTIAL EXCEPTION (R1 -14) ZONE" is,
hereby amended by adding the words "music festivals or concerts operated by
not - for - profit organization" immediately after the words "public park ".
2. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this
BY -LAW read a second time this
BY -LAW read a third time and finally passed this
day of
day of
day of
1995.
1995.
1995.
MAYOR
CLERK