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HomeMy WebLinkAboutPD-16-95Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -16 -95 be received; 2. THAT Staff be authorized, pursuant Planning Act, to place an advertises advising the general public of the meeting to be held to consider a Municipality's Comprehensive Zoning definition of "fairground ". to the requirements of the nent in the local newspapers date and time of a public proposed amendment to the By -law with respect to the 1. BACKGROUND 1.1 The decision of the Ontario Court of Justice, Divisional Court, as released July 11, 1995, with respect to the Mosport Park included a declaration that stated in consideration of the permitted uses listed 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. 1.2 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. STAFF COMMENTS 2.1 By -law 84 -63 allows fairground as a permitted use. However, it is not defined. To the extent that the Court has rendered its interpretation that fairground does include stand alone music festival or concert, this has created the potential for E APE EO APIEA '16 G PRIMED ON RECYCLED PAPER REPORT NO.: PD -16 -95 PAGE 2 other Agricultural zoned land owners to use their properties for such uses. 2.2 The ramification of the decision of the Court is significant particularly in view of the fact that about 40% of the Municipality is zoned Agriculture (A). 2.3 When By -law 84 -63 was enacted in 1984, it was unlikely that Council of the day was contemplating stand alone music festival or concert as a permitted use within the Agricultural zone. Assuming Council today is of the same opinion that such uses should not be allowed in the Agricultural zoned land, By- law 84 -63 must be amended accordingly. This can be done by adding a new definition of fairground providing for the prohibition of stand alone music festival or concert on all Agricultural zoned lands except the Mosport Park land. In so doing, residents who live adjacent to any Agricultural zoned land can be relieved from the potential threat of such uses in the future. 3. CONCLUSIONS 3.1 Should Committee and Council deem it appropriate to consider an amendment to the definition of "fairground" within Zoning By -law 84 -63, staff would request that direction be provided as contained with the recommendations of this report to permit the appropriate notification procedures to commence in accordance to the requirements of the Planning Act, 1990. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development LT *FW *df 9 February 1995 Reviewed by, 'fill / W.H. Stockwell Chief Administrative Officer