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
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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
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9 February 1995
Reviewed by,
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W.H. Stockwell
Chief Administrative
Officer