HomeMy WebLinkAboutPD-44-94UNFINISHED BUSINESS
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -44 -94 be received;
2. THAT subject to Council's approval of the draft agreement between
Mosport Park Limited and the Municipality as contained in the
attachment of the Administrator's Report, the application by
Mosport Park Limited to amend the Zoning By -law be APPROVED to
permit the following temporary uses:
a) music festival, concerts or entertainment events and
associated accessory uses for up to 50,000 persons per day for
a period of three (3) years; and
b) camping facilities and associated accessory uses in connection
with the permitted outdoor concerts for up to 25,000 persons
per night for a period of one (1) year;
3. THAT the attached amending by -laws be passed and be circulated
pursuant to the requirements of the Planning Act; and
4. THAT Mosport Park Limited and all interested parties be notified of
Council's decision.
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1. APPLICATION DETAILS
1.1 Applicant: Mosport Park Limited
1.2 Rezoning: From "Agricultural Exception (A -21)" Zone to
a zoning category that would allow in addition
to the permitted "Motor Vehicle Race Track ",
the temporary use of certain portions of
Mosport Park land for:
PAP ELFC RECYCLE
REPORT NO.: PD -44 -94 PAGE 2
a) outdoor music festivals, concerts and
entertainment events and associated
accessory uses, for up to 50,000 persons
per day for a period of three (3) years;
and
b) camping facilities and associated
accessory uses in connection with the
permitted outdoor concerts and for up to
25,000 persons per night for a period of
one year.
2. LOCATION
2.1 The subject property is located in part of Lots 33, 34 and 35,
Concession 9, former Township of Clarke. Property is bounded to
the north by Concession Road No. 10, to the east by Mosport Road,
to the west by the Darlington - Clarke Townline Road and to the south
by Concession Road No. 9.
3. EXISTING AND SURROUNDING USES
3.1 Existing Uses: Motor Vehicle Race Track and accessory
uses.
3.2 Surrounding Uses: North - Agricultural /Rural
West - Agricultural /Rural
South - Agricultural /Rural
East - Agricultural /Rural
4. PUBLIC MEETING AND SUBMISSIONS
4.1 The statutory public meeting of the proposed rezoning application
was held on March 21, 1994 at which time several nearby residents
spoke in opposition to the proposal. The reasons for objection
included such matters as traffic, vandalism, noise, trespassing
etc. In addition, the Department has also received written
objections as well as letters of support, all of which are attached
to this report.
4.2 Subsequent to the public meeting, Committee referred the
application back to staff for further processing and to report
back. Prior to placing this Report on the Agenda for the
consideration by the General Purpose and Administration Committee,
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5 ��
REPORT NO.: PD -44 -94 PAGE 3
staff forwarded notices of the General Purpose and Administration
meeting to those individuals who have addressed the Committee at
the last public meeting as well as to those who have provided
written comments.
5. OFFICIAL PLAN POLICIES
5.1 The Mosport Park land is designated "Major Open Space - Oak Ridges
Moraine" with a "Regional Node" symbol in the 1991 Durham Regional
Official Plan. In addition to the permitted uses of agriculture
and recreation within the Open Space designation, the "Regional
Node" recognizes the existing uses within Mosport Park. It should
be noted that the "Regional Node" designation has been referred by
the Mosport Park Limited to the Ontario Municipal Board.
5.2 The other applicable section of the Durham Regional Official Plan
that would have relevance in the assessment of the proposed
temporary uses is contained in Section 20.4.4 which allows a local
municipality to pass a zoning by -law to permit the continuation,
expansion or enlargement of legally existing uses, or the
variations to similar uses, provided such uses:
a) have no adverse effect on the present uses of the surrounding
lands or the implementation of the provisions of this Plan;
b) have regard for the Agricultural Code of Practice as amended
from time to time, if applicable;
C) are accessible by a public road which is maintained by the
appropriate authority as open to traffic on a year -round basis
and is of a standard construction adequate to provide for the
additional traffic generated by the proposed use; and
d) are subject to any conditions that may be contained in an area
municipal official plan.
5.3 The proposed use of concerts and entertainment events and overnight
camping can be construed as variations to similar uses considering
Mosport Park Limited has used the lands in previous years for motor
vehicle racing events. In this regard, the Municipality can
DD3 ...4
REPORT NO.: PD -44 -94 PAGE 4
pass a zoning by -law to permit the proposed uses provided that the
four (4) conditions mentioned above are met. Conditions (b) and
(d) are not applicable.
5.4 With respect to Condition (a) , it is difficult to assess whether or
not, or to what extent, the proposed uses would have in terms of
adverse effect on the present uses of the surrounding lands. One
can only draw on the experience with concerts that have previously
been held at Mosport Park. Some incidents of trespassing on and
vandalism of nearby properties have occurred. There also have been
some complaints of noise. However, these types of adverse effects
could also result from major motor racing events. It should be
noted that a zoning by -law can regulate the use of lands but it
cannot regulate the conduct of persons which appears to cause most
of the adverse effects.
5.5 With respect to Condition (c), Mosport Park is accessible by public
roads. The Official Plan policy refers to the adequacy of the
roads to accommodate the additional traffic generated by the
proposed use. This provision is applicable only if the crowds to
be drawn by a concert event exceeds the crowds that would be
otherwise drawn by a motor racing event. In this regard, past
major motor racing events at Mosport have drawn crowds similar in
size to those proposed for concert events. In this regard, it is
also difficult to conclude that there will be additional traffic as
a result of the proposed uses. On a positive note, the proposed
Temporary Use By -law would restrict the numbers of persons at a
maximum of 50,000 whereby the current by -law has no limitation for
persons attending motor racing events.
5.6 In conclusion, staff is of the opinion that the proposed temporary
use by -laws do not appear to offend the intent of the Durham
Regional Official Plan.
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REPORT NO.: PD -44 -94 PAGE 5
6. COMMENTS:
6.1 Assuming the temporary use by -laws are passed by Council, it does
not necessarily mean that the use of the land for concerts and
overnight camping are guaranteed. For each single event, Mosport
Park is required to obtain a Special Event Permit from the
Municipality. Several conditions must be met by Mosport Park
including the provision of emergency services, liability insurance
etc.
6.2 With respect to the concerns raised by the residents, Mosport park
has undertaken to address any complaint expeditiously including the
establishment of a complaint hot line. This and other matters
respecting the use and operation of Mosport Park for motor vehicle
racing events and concerts are addressed in a draft agreement with
Mosport Park Limited which has been negotiated by the
Municipality's solicitor and the solicitor for Mosport Park
Limited. The draft agreement is attached to the Administrator
Report on the same meeting agenda.
6.3 Subject to Council approving the draft agreement and in
consideration of the comments contained in this Report, staff
recommend Council to pass the temporary use by -laws attached to
this Report.
Respectfully submitted, Reviewed by,
Franklin Wu, M.C.I.P. W.H. Stockwell
Director of Planning Chief Administrative
and Development Officer
FW *jip
*Attach
12 April 1994
Interested parties to be notified of Council and Committee's decision:
Mosport Park Limited
825 Dennison Street
Markham, Ontario.
L3R 5E4
M.J. McQuaid
Weir and Foulds
P.O. Box 2
First Canadian Place
Toronto, Ontario.
tMll5X 1J5
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REPORT NO.: PD -44 -94 PAGE 6
Anton Krebelj
28 Gregory Road
Ajax, Ontario
L1S 3B4
L.A. Butterfield
R.R. #5
Bowmanville, Ontario
L1C 3K6
Murray Gill
R.R. #5
Bowmanville, Ontario
L1C 3K6
Gord Hardy
3274 Concession Road 8
Orono, Ontario
LOB 1M0
Marilyn Flonk
34 Nelson Street West
Bowmanville, Ontario
L1C 1E3
506,
Dave Shankland
2802 Regional Road 20
Bowmanville, Ontario
L1C 3K6
Bernard Kamin
Mosport Park Ltd.
825 Dennison Street
Markham, Ontario
UR 5E4
Gary Baker
R.R. #5
Bowmanville, Ontario
L1C 3K6
Pat Neal
R.R. #5
Bowmanville, Ontario
L1C 3K6
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Municipality of Clarington Planning Committee
Bowmanville Ontario
March 14 1994
941 -o0 y
Subject:Mosport Park
Dear Committee
My name is Gary Baker and I live at 5216 Darlington- Clarke Townline
Road._My house borders Lot 35 on the west side of the townline _road.
My house is directly west of the recently built oval track.
I am opposed to the amendment changes for part "a" and part "b"
for the following reasons.
1) EXTREMELY LOUD NOISE
The oval track runs every Saturday night from the middle of May to
the middle of September The noise from the track stops any outside
activity during the lovely Saturday nights for the entire summer
months.The noise also stops us from entertaining guests outside our
home on the night of the race, as practice for the race begins
about 5:30 p.m. and the race begins at 7:00 p.m. and continues
until approximately 11:00 p.m. The noise is so loud that two people
standing outside the house cannot carry on a conversation.
2 }INVASION OF PRIVACY
I have two children, ages 8 and 10 and they are forced to keep
their windows shut in order for them to go sleep before the race
ends. I must close the windows just to here the television set in
my own home.
They have had overnight camping in lot 35 already where they park
their big motor homes long ttie townline road directly opposite my
house. I then had to rush my children from my own front lawn as
they are forced to watch people going to the washroom behind their
motor homes facing my front lawn.This is just not right! I can hear
the sound of the generates from the motor homes running all night.
3) GARBAG E
I am sick in tired of picking up garbage off my front lawn after
each overnight camping event.I do not need any of their garbage
blowing over after the people leave.
4) Damages
Mosport has always created crowds around my area. I have lived at
this farm residence for 34 years and every year I have people
walking across my property to get to Mosport.I've had people cut my
fences, dig my potatoes and pick my corn depending on what time of
year it is. The police do patrol our road during the larger races
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March 29, 1994
Gordon Hardy
Cord Hardy Trucking
3274 ConcessioO Rd. #8
ot'()rjo, Ontario
TIOB imo
ATTN: MurliciNllitY of CInfington Planning Department
mayor & Members of Council
Concerning the proposal Of the Concerts held at MOSPOrt Park, my wife and I
aro definatelY for it.
Goedon Hardy
Cord Hardy Truckitig
013, If / t 1h
J09
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
being a By -law to amend By -law 84 -63; 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 Corporation of the Town
of Newcastle in accordance with Application DEV 94 -004 to authorize the temporary use
of land, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to
permit in addition to the permitted "motor vehicle race track ", the temporary use of said
lands for outdoor music festivals, concerts, and entertainment events and associated
accessory uses for up to 50,000 persons per day.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 6.4 "SPECIAL EXCEPTION - AGRICULTURAL (Al) ZONE" is hereby
amended by adding thereto, the following new Special Exception 6.4.46 as
follows:
"6.4.46 AGRICULTURAL EXCEPTION (A -46) ZONE
Notwithstanding Section 6.4.21 of By -law 84 -63, those lands zoned (A-46) shown
on the Schedules to this By -law may be used for, in addition to the motor vehicle
race track, the purpose of outdoor music festivals, concerts and entertainment
events, and associated accessory uses, for up to 50,000 persons per day.
Pursuant to the requirements of Section 39 of the Planning Act 1990, these uses
may be permitted for a period of three (3) years, ending April 25, 1997."
2. Schedule 112" to By -law 84-63 as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A -21) Zone" to "Agricultural Exception (A-46) Zone" as
shown on the attached Schedule "A" hereto.
3. This By -law shall come into effect on the date of passing hereto, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1994.
BY -LAW read a second time this day of 1994.
BY -LAW read a third time and finally passed this day of
1994.
MAYOR
CLERK
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 94-
being a By -law to amend by -law 84 -63, 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 Corporation of the Town
of Newcastle in accordance with Application DEV 94 -004 to authorize the temporary use
of land, buildings or structures pursuant to Section 39 of the Planning Act, 1990 to
permit in addition to the permitted "motor vehicle race track", 'outdoor music festivals,
concerts and entertainment events and associated accessory uses ", the temporary use
of said lands for camping facilities and associated accessory uses in connection with the
permitted outdoor concerts for up to 25,000 persons per night.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTION- AGRICULTURAL (Al) ZONE" is hereby
amended by adding thereto, the following new Special Exception 6.4.47 as
follows:
"6.4.47 AGRICULTURAL EXCEPTION (A -47) ZONE
Notwithstanding Sections 6.4.21 and 6.4.46 of By -law 84 -63, those lands zoned
(A-46) and (A-47) as shown on the Schedules to this By -law, may be used for, in
addition to the motor vehicle race track, outdoor music festivals, concerts and
entertainment events and associated accessory uses, the purpose of camping
facilities and associated accessory uses in connection with the permitted outdoor
music concerts, for up to 25,000 persons per night. Pursuant to the requirements
of Section 39 of the Planning Act 1990, the camping facilities and accessory uses
may be permitted for a period of one (1) year, ending April 25, 1995. For the
purpose of this special exception provision, camping facilities shall mean lands
used or maintained as grounds for the camping or parking of mobile recreation
trailers, motorized recreation vehicles, truck campers, campers or tents."
2. Schedule 12" to By -law 84 -63 as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A -21) Zone" to "Agricultural Exception (A-47) Zone" as
shown on the attached Schedule "A" hereto.
3. This By -law shall come into effect on the date of the passing hereto, subject to
the provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1994.
BY -LAW read a second time this day of 1994.
BY -LAW read a third time and finally passed this day of
1994.
MAYOR
CLERK
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