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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. Flv*sZ c +�A 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, ...3 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. ...5 JJ4 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 ...6 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 fl 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 �U7 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 W Z_ J Z H W Y a 1 z C Q C ® ZONING CHANGE FROM "A -21" TO "A -46" O Q O H O (L (n O I. 0 100 ,200 400m MAYOR 200 loo 0 -- CLERK m Z O U) U) W U Z O U 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 This is Schedule fflz I to By—law • passed this —.day of—,1994A.D. LOT 35 LOT • CONCESSION ROAD 10 = ZONING CHANGE FROM TO MAYOR 0 100 200 400m 200 100 o _ r- 1 -7 CLERK 0 Z O_ Cn Cn W U 0 fflz I 213.36± W Z 23945± H I (179.84 ±!I ' Y ( °o Q m m lit ( z 11 A it 1 O o- 0 Z M0T0R VEHICLE .X—A s I '� J RACE TRACK � ( I ' lei i� (� I ROAD ALLOWANCE BETWEEN CONCESSIONS B & 9 = ZONING CHANGE FROM TO MAYOR 0 100 200 400m 200 100 o _ r- 1 -7 CLERK 0 Z O_ Cn Cn W U 0