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HomeMy WebLinkAboutPD-187-86 TOWN OF NEWCASTLE REPORT File #. ,610 Res. V', By-Law # NEEDING: General Purpose and Administration Committee DATE: Monday, July 21, 1986 REPORT #: PD-187-86 FILE #: PLN. 4.1 SU&ECT: SPECIAL EVENTS BY-LAW OUR FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: I. THAT Report PD-187-86 be received; and * 2. THAT the proposed amendment to By-law 84-63, included as Attachment No. 2 hereto, be forwarded to Council for approval ; and * 3. THAT the proposed amendment to By-law 78-50, included as Attachment No. 3 hereto, be approved; and 4. THAT pursuant to Section 34, Subsection 16 of the Planning Act, 1983, Council hereby resolves that no further notice shall be required in respect of the approval of the proposed amendment to By-law 84-63 as contained in Attachment No. 2 to Staff Report PD-187-86. BACKGROUND AND COMMENTS: On June 16, 1986 the General Purpose and Administration Committee considered Staff Report PD-156-86 in respect of a proposed amendment 'to By-law 84-63 dealing with Special Events. Said Report included a draft by-law which was prepared in response to Council direction provided by Resolution #GPA-510-85 as follows: "THAT the amendment to Zoning By-law 84-63 "Special Events" - Section 3.22(c) be referred back to Staff and that Staff take a broad look and not a site specific look at the possible solution that would allow the Municipality to consider Special Events". . . .2 REPORT NO. : PD-187-86 Page 2 At its meeting of June 16, 1986 the Committee resolved to forward the draft by-law to the Council Meeting of July 28, 1986 for approval following the requisite Public Meeting to be held on July 21, 1986. Following therefrom Staff have received further input, with respect to the draft by-law, from Mr. R. Strike representing a resident who is on record as opposing a by-law amendment to permit tractor pulls on a specific site within the Town. Mr. Strike indicated that he had three (3) specific concerns as follows: (a) The potential for piggybacking special events so that within a given calendar year a property could be occupied for a total of forty-nine (49) days with various Special Events and inasmuch as most of these events occur on weekends, there is a potential that twenty-four (24) weekends out of a year could be affected by Special Events occurring on a given property. Staff note that this was not the intent of the by-law and we are recommending an appropriate modification to the draft amendment in order to deal with this concern. (b) Mr. Strike indicated that, as presently worded, Special Events could be permitted in any agricultural zone and hence, any property could potentially have ongoing Special Events carried out thereon. Staff, in reviewing this concern, feel that it is, in part, directly related to the preceding concern about the piggybacking of Special Events and with the suggested modification to the plan feel that this is not a problem. Staff are also considering the last concern in making this statement. (c) Mr. Strike' s third concern was with respect to By-law 78-50 which is the Town ' s Municipal By-law for regulating Speci al Events and requiring a licensing of same. Within that By-law certain charitable events are exempted from specific requirements of the Municipality which raises, in Mr. Strike' s mind, the question of liability and the definition of charitable events. * Staff concur with these concerns and in view of the increased municipal concern about liability and insurance would suggest that By-law 78-50 be amended in the form included herewith as Attachment No. 3. For the benefit of the Committee Members the draft by-law, recommended for approval at the . . .3 REPORT NO.: PD-187-86 Page 3 meeting of June 16, 1986, is included as Attachment No. 1, the modified by-law amendment, as recommended by Staff, is included as Attachment No. 2 and the proposed amendment to the 1-own 's Special Events By-law is included * as Attachment No. 3. In addition to the input received from Mr. Strike, Staff have also given further consideration to the proposed by-law and note that, as previously proposed, it could adversely impact upon certain Special Events held by service clubs within urban areas. We are therefore proposing an appropriate modification to permit such special events to occur on lands owned by the municipality or a school board or any site designated as a community centre pursuant to the Community Centres Act. In addition, we feel that it is appropriate to include within the Zoning By-law a specific reference to satisfying the conditions of By-law 78-50 as amended from time to time. This would have the effect of further tying the two by-laws together and providing the municipality with increased input to any Special Events proposed within the Town. Staff note that there were no further submissions received from other parties and, although we still have some difficulty with inclusion of recreational competitions involving motorized vehicles due to the potential for property damage and noise, we are satisfied that the proposed by-law amendment could be approved in conformity with the Durham Regional Official Plan and the Official Plan of the Town of Newcastle. . . .4 REPORT NO.: PD-187-86 cc: Mr. Ron Strike Strike & Strike Barristers & Solicitors 38 King Street West, P.O. Box 7 BOWIvIANVILLE, Ontario L1C 3K8 cc: Mr. James Coombes k.k. #5 BOWMANVILLE , Ontario L1C 3K6 cc: Mr. Lorne K. Lodge c/o I .B.M. Canada Limited 3500 Steeles Avenue East MARKHAM, Ontario L3R 2Z1 cc: Mr. T .M. Rogers, Q.C. Pocock, Rogers O'Callaghan Barristers & Solicitors Continental Court Building Suite 5064, 3080 Yonge St. TORONTO, Ontario M4N 3N3 Page 4 ATTACHMENT NO. 1 i I THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it I desirable to permit certain special events to occur within the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 of By-law 84-63, as amended, is hereby further amended by adding thereto the following definition of ',;Recreational Competition": "RECREATIONAL COMPETITION shall mean any competition carried out for the purposes of entertainment or recreation and which may include tractor pulls, snowmobile races or motorcycle motocross events, but shall not include automobile races or races or competitions involving any other type or form of motorized vehicle." 2. Section 2 of By-law 84-63, as amended, is hereby further amended by adding thereto the following definition of "Special Event": "SPECIAL EVENT shall mean a use, the duration of which is normally temporary in nature but not exceeding seven (7) days in any one calendar year and which is limited to one (1) or more of the following uses: an exhibition, a fair, a carnival , a regatta, a religious or music festival , or a recreational competition." 3. Section 3.22, Subsection (c) is hereby deleted in its entirety and replaced with the following new Section 3.22, Subsection (c). "3.22(c) (i) In addition to the uses permitted within any Agricultural "(A)", Agricultural Exception "(A-7)", "(A-8)", "(A-11)", "(A-13)", zone or "(A-21)" zone, a lot may be used for any defined special event. A special event authorized by Sub-paragraph (i) hereof, shall be subject to the zone provisions of the zone within which the lot is located. Where the proposed use is considered a special event and is a permitted use within any zone defined by this by-law, such use shall be governed by the zone provisions of such zone and not be this subsection. (iv) Pursuant to the requirements of Section 38 of the Planning Act, 1983, the provisions of this Subsection shall have effect for a period of three (3) years ending on July 28, 1989." - 2 - 4. This 8y-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. 8Y-LAW read a first time this day of 1986 8Y-LAW read a second time this day of 1986 8Y-LAW read a third time and finally passed this day of 1986. ATTACHMENT NO. 2 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 84-63, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to permit certain special events to occur within the Municipality; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 of By-law 84-63, as amended, is hereby further amended by adding thereto the following definition of "Recreational Competition": "RECREATIONAL COMPETITION shall mean any competition carried out for the purposes of entertainment or recreation and which may include tractor pulls, snowmobile races or motorcycle motocross events, but shall not include automobile races or races or competitions involving any other type or form of motorized vehicle." 2. Section 2 of 8y-law 84-63, as amended, is hereby further amended by adding thereto the following definition of "Special Event": "SPECIAL EVENT shall mean an event, the duration of which is normally temporary in nature and which is limited to one or more of the following uses: an exhibition, a fair, a carnival, a regatta, a religious or music festival, or a recreational competition. For the purposes of this definition "temporary" shall mean "not exceeding seven (7) days in total in any one calendar year". For the purposes of this by-law, a Special Event occurring on a lot owned by the Corporation of the Town of Newcastle, any School Board or any public authority including any Department of the Regional Municipality of Durham, or any Department or Ministry of the Government of Ontario, or any Conservation Authority established by the Government of Ontario, or a community centre designated pursuant to the Community Centres Act shall be deemed to be a public use." 3. Section 3.22, Subsection (c) is hereby deleted in its entirety and replaced with the following new Section 3.22, Subsection (c). "3.22(c) (i) In addition to the uses permitted within any Agricultural "(A)", Agricultural Exception "(A-7)", "(A-8)", "(A-11)11, "(A-13)", zone or "(A-21)" zone, a lot may be used for any defined special event conditional upon issuance of a licence by the Town of Newcastle pursuant to By-law 78-50, as amended, or any successor thereto. (ii) A special event authorized by Sub-paragraph (i) hereof, shall be subject to the zone provisions of the zone within which the lot is located. (iii) Where the proposed use is considered a special event and is a permitted use within any zone defined by this by-law, such use shall be governed by the zone provisions of such zone and not be this subsection. (iv) Pursuant to the requirements of Section 38 of the Planning Act, 1983, the provisions of this Subsection shall have effect for a period of three (3) years ending on July 28, 1989." 1 �� - 2 - 4. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. KUM- CLERK r: STRLKE '& STRIKE COPY BARRISTERS & SOLICITORS A.ALAN H.STRIKE.B.A..O.C. RONALD R.M.STRIKE.B.A.LL.B. W, ROSS STRIKE.O.C.IRETIREDI Corporation of the Town of Newcastle Planning and Development Department HAMPTON , Ontario, LOB 1JO Attention Mr. Terry Edwards: P. O. BOX 7 38 KING ST.W. BOWMANVILLE, ONT, LIC 3K8 No er 29.th, 1985 Re: Thistle Valley Tractor Pulls and Proposed Amendment to Special Event By-Law Our Client: Mr. Lorne Lodge Further to your request for our input into the content of the pending amendment to special event provision 3 . 22 (c) of zoning by-law 84-63 , I would like to preface such input with a brief review of the history of this matter . I suggest that the following facts provide the reasons for my client' s opposition to the tractor pull events and the base for a strong planning law argument against any tractor pull event being held on Mr. Coombe' s property: (1) According to the Official Plan and any relevant provision of zoning by-law 84-63 a tractor pullisanillegal use on the Coombe ' s property . The agricultural and environmental protection zones that make up the entirety of this area argue strongly against the compatability with the inherent commercial nature and noise pollution factor of a tractor pull. (2) My clients purchased their property approximately 20 years ago with a view to establishing a quiet country retreat. They have lived on that property since its purchase on most weekends . (3) Eight years ago, as the quiet country was enjoyed so much, my clients built a new house and planted an orchard and large garden. They presently spend most weekends and occasional weekdays at this property. ( 4) In 1983 they were shocked to hear the deafening roar of a tractor pull emanate from the neighbouring property to the west. The noise continued for two days . They immediately contacted Town Officials. Mr . Terry Edwards advised my clients that Mr. Coombes ' . . . . . . . . . . /2 licence was for a "Picnic Area" and tractor pulls or skidoo races were illegal there. He recommended contacting the By- Law Enforcement Officer, Mr. R.S . Goodwin, which my clients did. Thev also sent him a complaint form on November 5th, 1983 . A copy of Mr. Goodwin ' s letter dated November 28th, 1983 , is attached wherein it states that he had visited the Coombes avid advised them that tractor pulls and skidoo races were not permitted on their property and warned them that legal action would be taken if they persisted. Despite this warning, a tractor pull was held in 1984 and my clients phoned the new By-Law Enforcement Officer, Mr. Brian Irwin, on June 22nd, 1984 . We understand Mr. Irwin also advised the Coombes that tractor pulls on their property were illegal. Tractor pulls have been held on the Coombes ' property in 1984 and 1985 as well as at least oneskidoo racing event. (5) People attending the tractor pull events park on my client ' s property and travel on foot across the property to get free access to the event. Damage has been done to ;-the property, particularly the gardens, by these trespassors . After tractor pulls considerable amounts of garbage are found on my client ' s property (beer cans , food containers) . ( 6) My clients built the new home and made the improvements to the property with a view to this becoming their retirement home. Mr. Coombe ' s has been advised by the Town of Newcastle that the tractor pull event is an illegal use and that he would be prosecuted if the use continued. Despite the warning Mr. Coombes held a tractor pull and is accordingly being prosecuted by the Town of Newcastle. You have advised Mr. Coombes that he can only legalize the tractor pull use through one of two zoning mechanisms; section 38 or section 34 of the Planning Act . Mr. Coombes has not applied for the temporary zoning by-law available under section 38 . In your letter of August 15th, 1985, to Mr. Coombes ' lawyer you correctly advised that any section 38 application was governed by the planning concept of the new use having to be compatible with its surroundings . I take the position as mentioned in numbered paragraph (1) of this letter that the tractor pull use is imcompatible with its surrounding: The alternative of section 34 constitutes the present issue. You have been directed by the Town Council to attempt to draft a special event by-law to be implemented under the general zoning by-law powers of section 34 that can be applied not only to the tractor pull situation but other special events such as barn sales or exhibitions . You have recommended to council that an initial attempt at a special event by-law be struck down as it was too vague. In your letter of September 18th, 1985, to our firm you provided a copy of the proposed new special event by-law and requested our comments . I enclose a copy of that by-law for the easy reference of the Council members to whom this letter has been copied. There are three main requirements that the special event by-law must satisfy . Firstly it must not permit a continuing discretionary authority within Council as to the granting of the special event status , secondly and flowing from the first point the nature and duration of the special event must be very clearly defined and thirdly the by-law must have a reasonable and justifiable planning purpose and effect. It is my opinion that the draft by-law has satisfied the first requirement but not the latter two. The last sentence of paragraph 2 causes the definition of permitted special events to become unclear as it seems to say that any special event will not be permitted unless the use complys with existing zoning by-law. It shou_ be made clear as to what "zoning provisions" mean. More importantly the third requirement is not satisfied as the special event location is given an unjustifiably and unreasonably broad definition. It would appear that you are attemp ting to say any special event can be held anywhere as long as it is not in an Enviromental Protection zone. My concern is one that you have alluded to in your letter of September 18th, 1985, where you advised that you were considering additional restrictions on high nuisance propensity events such as tractor pulls or music festivals . Such events have no reasonable or justifiable place other than that where they are compatible with their surroundings. The deafening noise and crowds of a tractor pull or music festival certainly have no place other then an estab lised public event park such as Mosport or the Orono Fairground. As an amendment to the draft by-law I suggest that all high nuisance propensity events be defined as such and specifically restricted to defined locations. In the Town of Newcastle I believe the only suitable location would be Mosport and the fairgrounds of Orono . Even at such locations , the great nuisance of these events requires them to be held during more restricted times then that as provided in your draft by-law. Within the principles of reasonability, those of natural justice and fairness are also found. In keeping with those I would suggest that any special event should be preceeded by the giving of written notice to neighbours. Although the Council does not want to become involved in a hearing for every special event held there should be an obligation on the holder of the special event to provide notice of the event . To conclude, it is my opinion that Council does not have the authority to pass a special event by-law that would permit Mr. Coombes to hold a tractor pull on his property. You will undoubtably be amending the special event by-law further and I request . /c -that I be immediately informed of any developments and given an opportunity to respond to any amendments prior to their presentation to Council. Yours Very Truly STRIKE & STRIKE Ronald R.M. Strike ENCL. RRMS : ldb CC. Mr. Lorne Lodge CC. Newcastle Town Council : Major Winters Councillor Hamie Councillor Cowman Councillor Hubbard Councillor McKnight Councillor Stapleton Councillor Wotten 0 ATTACHMENT NO. 3 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 86- being a By-law to amend By-law 78-50, a by-law regulating the holding of certain public entertainments, festivals and parades within the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable to amend By-law 78-50 of the Corporation of the Town of Newcastle; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Paragraph 1 of By-law 78-50 is hereby amended by adding the word "total" prior to the word "proceeds" in the second line and adding the words "less operating expenses" after the word "proceeds" in the second line. 2. Paragraph 2 of By-law 78-50 is hereby amended by deleting the words "is not for a charitable purpose" following the word "festival" in the third line. 3. Paragraph 3 of By-law 78-50 is hereby amended by deleting the words "which is not being held for a charitable purpose" after the word "festival" in the second line. 4. Paragraph 4 of By-law 78-50 is hereby amended by adding the words "for any public entertainment, parade or festival which is not being held for a charitable purpose". 5. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1986 BY-LAW read a second time this day of 1986 BY-LAW read a third time and finally passed this day of 1986. If ATTACHMENT N0. 4 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LA(;' NO. 78- 50 Being a by-law to regulate the holding of certain public entertainments, festivals and parades within the Town of Newcastle. WHEREAS the Council of the Town of Newcastle deems it expedient to license and regulate the holding of certain public entertainments, parades and festivals within the Town of Newcastle: AND WHEREAS the authority for so doing is contained in The Municipal Act, R.S.O. 1970, Chapter 284, Section 383 (6) , 383 (7) and Section 242: NOG? THEREFORE, the Council of the Corporation of the Town of ::ewcas tle ENACTS AS FOLLOWS: i. In this By-law: A public entertainment, parade or festival held for a "charitable purpose" means a public entertainment, parade or festival held for, or if its proceeds are used for any one or more of the following purposes: (i) The relief of poverty (ii) The advancement of education (iii) The advancement of religion (iv) Any purposes beneficial to the community not falling under the foregoing heads, providing such purposes are in the interests of social welfare and are for the public benefit. 2. Before any person, corporation, organization or association may hold or conduct a public entertainment, parade or festival within the limits of the Town of N wcastle, '.:t? r;? i t:t I1C enti:rtain:,enr, parade ( r festiv:�l is not for a .. ..i _,_ ..bI (�U: �_ t;l. s-aid :)�'.'. S�. ii, C0 Cyr-?tio! (a) obtain a license under this by-law from the Clerk of the Town of Newcastle authorizin; the holding of such public entertainment, parade or festival. (b) deposit with the Clerk of the Town of Newcastle an amount of money estimated by the Chief of Police of the Region of Durham as sufficient to provide for the cost of adequate additfcnal police protection during the period of the said entertainment, parade or festival, or any or all of them, during which such police protection shall, in the opinion of the said officer, be necessary. (c) deposit with the Clerk of the Town of Newcastle a security in an amount and of the kind fixed by the Council of the Town of Newcastle the amount of which shall not exceed the amount of public liability and property damage insurance carried by the said Town and the security shall provide for the indemnification of the said Town against damage to public and private property as well as indemnification to the said Town for public liability.