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HomeMy WebLinkAboutPD-210-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: DEV92030 .GPA REPORT Meeting General Purpose and Administration Committee File It D—L+-V-L C Monday, October 5, 1992 Res 46, Date PD-210-92 DEV 92-030 By-l-aw it Report 4 File It -- Subject REZONING APPLICATION - STAPLETON BROS PART LOT 13, CONCESSION 2, FORMER TOWNSHIP OF CLARKE FILE: DEV 92-030 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-210-92 be received; 2 . THAT rezoning application DEV 92-030, submitted by Marvin Stapleton on behalf of Ray and Glenn Stapleton, to permit the temporary establishment of a motorcycle race track be DENIED; 3. THAT the Region of Durham Planning Department, any delegation and those persons listed in this report be advised of Council's decision. 1. APPLICATION DETAILS 1. 1 Applicant: Marvin Stapleton 1.2 Owner: Ray and Glenn Stapleton 1. 3 Rezoning: From Agricultural Exception (A-1) to a zone which would permit the temporary use of the land for a motorcycle racing track. 1.4 Area: The area subject to the rezoning is 4 . 94 hectares in size. The remainder of the applicants land holdings are 103 . 34 hectares, and generally surround the lands subject to this application. 2 . LOCATION 2 . 1 The subject lands are located in Part of Lot 13, Concession 2, former Township of Clarke. The municipal address of the land is 2814 Stapleton Road. The site on which the proposed motorcycle racing track is located is within the northern portion of the 2 REPORT NO. PD-210-92 PAGE 2 landholding and directly abuts Stapleton Road. The site chosen sits atop a hill. A small gravel pit used by the owners of the land is located just south of this site. A locally significant wetland (Class 4) which is also a provincially significant Area of Natural and Scientific Interest (Life Science) known as Clarke Summit Swamp is situated east of the site. 3 BACKGROUND 3 . 1 On June 5, 1992, an application to amend the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, was made. This application proposed a motorcycle race track be permitted on a temporary basis. The owner submitted this application subsequent to discussions with the Town of Newcastle By-law Enforcement Officer. 4 EXISTING AND SURROUNDING USES 4 . 1 Existing Uses: Agricultural 4. 2 Surrounding Uses: East - Agricultural West - Agricultural and the Clarke Summit Swamp South - Agricultural and Farm-related Uses North - Agricultural and Farm-related uses 5 OFFICIAL PLAN POLICIES 5. 1 Within both the 1976 and 1991 Durham Region Official Plan the lands subject to this application appear to be designated Permanent Agricultural Reserve. Lands designated Permanent Agricultural Reserve shall be used primarily for agricultural purposes and shall not be taken out of agricultural use. 5.2 Section 2 . 1. 3 of the Town of Newcastle Official Plan states that Council may pass a by-law to authorize the temporary use of land, buildings or structures provided Council is satisfied that the use is compatible with surrounding uses and is not located on highly productive agricultural lands. .3 j r REPORT NO. PD-210-92 PAGE 3 6 ZONING BY-LAW PROVISIONS 6 . 1 According to the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended, the subject lands are zoned "Agricultural Exception (A-1) " . Lands zoned Agricultural shall be used for agricultural and farm-related uses . Although some lands within the owner's land holdings are zoned "Environmental Protection (EP) " , they are not subject to the zone change as requested by the applicant. 6 .2 The proponent has applied to have a motorcycle racing course operate temporarily on the subject lands. Section 39 of the Planning Act states that Council may pass a by-law authorizing the temporary use of land, buildings, or structures for the purpose or use that is otherwise prohibited by the Comprehensive Zoning By-law. If approved, the adopting by-law must state a period of time for which the by-law shall be in effect, and it shall not exceed three years from the day of passage of the temporary use by-law. Upon expiry of the time period as set out in the adopting by-law, Council may grant the temporary use by- law an extention for periods of not more than three years . 7 PUBLIC MEETING AND SUBMISSION 7 . 1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning Act the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 7 .2 At the time of writing this report, one letter of objection has been received. This letter states that the authors oppose any rezoning of the lands to permit a motorcycle race track. They state that the noise created from this use is very disturbing and that it "spooks" their cattle. They are also concerned about damage to the environment from garbage generated from the consumption of food and beverages. This person's solicitor appeared before Committee at the Public Meeting and reiterated these concerns . . . . .4 REPORT NO. PD-210-92 PAGE 4 7. 3 A letter of enquiry was received from Mosport Park's solicitor, requesting additional information about this application. Staff provided the information as requested. 7.4 One resident called to say that although he can see the activities and hear it from his house he has no objections to this application. 7. 5 At the Public Meeting, nine people, including the applicant, spoke in support of this application. Five of these nine people live on neighbouring properties. 7 . 6 One resident spoke out at the Public Meeting asking whether these lands are appropriate for this type of activity given the proximity of the Clarke Summit Swamp. 8 AGENCY COMMENTS 8 . 1 In accordance with departmental procedures, the application was circulated to obtain comments from other departments and agencies. The following departments/agencies in providing comments, offered no objection to the application as filed: Town of Newcastle Community Services Ministry of Natural Resources Ganaraska Region Conservation Authority 8 . 2 The Town of Newcastle Fire Department has stated that they have no objections to the application but that they require an access be maintained to allow emergency vehicles access to the site. 8. 3 The Durham Region Health Dept. has no objection to this application provided that: 1) Sufficient portable washrooms are provided as per the Health Departments Outdoor Guidelines Policy. . . . .5 REPORT NO. PD-210-92 PAGE 5 2 ) The portable washrooms must be maintained by a licensed sewage haulier. A copy of the sewage hauliers contract must be provided to the Health Department. This document has been received and is acceptable to this department. 3) Only prepackage confectionary food will be allowed for sale. Licensed mobile food preparation premises approved by the Department of Health will be allowed to operate at the site. 4) A first aid station as well as a stand-by ambulance service will be required at each event. 8 .4 The Durham Region Planning Department had no objection reiterating the Town of Newcastle Official Plan policy dealing with Temporary Use By-laws stating that Council may pass a temporary use by-law provided that the use complies with the provisions of Section 2 . 1. 3 . 8 .5 The Ministry of Agriculture and Food noted that the lands are 80% Class 1 agricultural land and that agriculture is the predominant use of the surrounding lands . The Ministry goes on to state that the site is steeply rolling, with the exception of the parking and pit stop area, and has been used for pasture. It is noted that a conflict may arise if the ownership of the dairy barn located on the east side of Stapleton Road changes . This barn is currently owned by the Stapletons, but if ownership changes then the policies of the Agricultural Code of Practice will apply. As this barn is approximately 100 ft. from the subject lands, then the Minimum Distance Separation policy would come into affect and the Ministry notes that non-compliance would result. 8 .6 The Town of Newcastle Public Works Department expressed concerns regarding the proposed entrance. Presently there exists a stopping sight distance of 48 metres to the north and a stopping distance of 49 metres to the south. These stopping . . . .6 I {� 6 REPORT NO. PD-210-92 PAGE 6 sight distances are inadequate as the minimum distance required is 160 metres in an 80 km/hr speed zone. The Works Department suggested alternative locations for the entrance way and the applicant has advised Staff that he is willing to change the entrance location to one which is acceptable to the Public Works Department. 9 STAFF COMMENTS 9 . 1 In the past, motorcycle racing has occurred on these lands . As a result of these races, residents complained about the excessive noise created by these activities . Subsequently, Mr. Stapleton submitted an application to rezone the lands to permit motorcycle racing on a temporary basis . The Stapletons intend on holding three (3) to four (4) races a year. It should be noted that Council has no legislative authority to regulate the frequency of use or hours of operation through the zoning by-law. 9 .2 Inasmuch as the Stapletons rent the property to the "Lakeshore Dirt Riders Association" and that the public are invited, a Public Entertainment License or a Special Event License will have to be issued by the Town for each and every event or race. The Stapletons have requested that Council waive the $300.00 application fee for the following reasons: - there will be no summer races or races on holidays; - it is not a weekly event; - admission is not charged to spectators; and - each rider is asked to host an event if they can provide all the services required. This request was placed on Council's agenda at its meeting on July 13, 1992 . Council denied this request as the rezoning issue had not yet been dealt with. 9 . 3 Approximately 100 m to the west of the subject lands exists the Clarke Swamp. This swamp has been identified as a Class 4 Wetland and as a Provincially Significant Area of Natural and r ,_ REPORT NO. PD-210-92 PAGE 7 Scientific Interest (Life Science ANSI) . A Life Science ANSI identifies an area which possesses a distinctive natural environment. This natural feature is shallow and poorly drained and supports a thicket swamp and wet meadow which possess regionally uncommon species . Generally, the vegetation is mixed woods forest, hardwood forest and white cedar forest. Within the upland forest some provincially rare plant species have been found. In addition, this wetland slowly releases water throughout the drier months into Graham Creek, a cold water creek which supports rainbow trout and other similar fish species . 9 .4 Pursuant to the Provincial Wetlands Policy Statement, the municipality must have regard for locally significant wetlands (Class 4 to 7) when making decisions regarding land use. A biological inventory and evaluation was conducted by the Ministry of Natural Resources Parks and Recreational Areas Section for Clarke Swamp in 1987 . This report has not been adopted as policy by the Ministry but the information provided within the context of this report is pertinent and should be taken into consideration in our review and evaluation of this proposal. This report states that the majority of the water moving through the swamp originates from surface run-off. Inasmuch as the lands subject to the application are elevated above that of the swamp, any spills or garbage will either be absorbed into the ground or carried overland into the swamp. Inasmuch as the soils are predominantly a freely draining fine sandy loam, contaminants will be directed towards Clarke swamp in a relatively unfiltered state. One of the recommendations of this report is that the water regime of the swamp should not be altered. The report goes on to state that "any modifications on the north or northeast edges of the A.N.S. I . should be assessed in the future for their impact on the hydrology of the lowland basin and wet meadow. " . . . .8 r REPORT NO. PD-210-92 PAGE 8 If this application is approved, the potential exists for fuel, lubricants and garbage to be discharged into the wetland having a negative impact on this natural feature. Additionally the noise associated with motorcycle racing may have a negative impact on the habitat values of the wetland. Excessive noise may disrupt the breeding and nesting habits of animals, waterfowl and other birds . Hence consideration must be given to the potential impact of this activity on the Clarke Swamp, a Class 4 Wetland and Provincially Significant ANSI. 9 .5 With the exception of the landfill site located north east of the subject lands and Clarke Swamp, the site is surrounded by agricultural and farm related uses including residences . An active dairy barn and associated farm structures are located on the other side of Stapleton Road. There are also some farm structures and a residence located to the north and south of the subject lands . Although these buildings are currently owned by the Stapletons, if sold, there exists the potential for conflict between new home owners and motorcycle racing, if this application is approved. 9 .6 Although the surrounding lands are predominantly agricultural in nature, it is important to note that an existing landfill site operated by Laidlaw Waste Systems is located in Part Lot 12, Concession 3 . Laidlaw has made application to increase the scale of their operation through infilling and have implied that they wish to expand their operations southerly. Lastly, the Interim Waste Authority have identified lands within Part Lots 11 and 12, Concession 2 and 3 as candidate landfill sites. It is apparent that the future use of the surrounding lands are in question. Staff have difficulty supporting removal of land from agricultural activity when the future use of the surrounding agricultural land is unknown. REPORT NO. PD-210-92 PAGE 9 9 . 7 The applicant has requested that the Town of Newcastle Comprehensive Zoning By-law be amended to permit a temporary use in the form of a motorcycle racing course. In order to permit a temporary use, a by-law authorizing this use must be passed by Council. Section 39 of the Planning Act deals with Temporary Zoning, and Section 39 (2) states that the by-law must specify the time for which the authorization shall be in effect and this time period shall not exceed three years from the date of passing of said by-law. If a by-law is passed allowing the use of the land for these purposes, then the use is permitted as a right. As such, motorcycle activity could take place at any time. Limiting the use to three(3) or four (4) racing events cannot be achieved through the passage of a zoning by-law. The zoning by- law if approved, can only limit the area on which the activity may occur. 9 . 8 At the public meeting, Committee recommended to Council that the Town of Newcastle Solicitor should review this application and provide comments to Committee and Council. Staff understand that the Town Solicitor has subsequently provided verbal comments to Council on a solicitor-client basis . 10 CONCLUSION 10. 1 It is Staff's opinion that the surrounding lands are subject to a number of human and environmental constraints, accordingly, Staff cannot support this application. In the event Council decide to grant approval to this application, Staff suggest that such approval not exceed one year to allow Council the time to evaluate the actual impact that may be caused by the proposed development. . . . . 10 REPORT NO. PD-210-92 PAGE 10 Respectfully submitted, Recommended for presentation to the Committee 1� ( f Franklin Wu, M.C.I.P. Lawrence E. Ko seff Director of Planning Chief Administrartive and Development Officer t HB*FW*cc *Attach 24 September 1992 Interested parties to be notified of Council and Committee's decision: Stapleton Bros. Marianne Muizelaar Ray and Glenn 134 Cowanville Road 2814 Stapleton Road R. R. # 8 R.R. #8, Newcastle, Ontario L1B 1L9 Newcastle, Ontario L1B 1L9 Marvin Stapleton Sam Cureatz 2100 Stapleton Road 21 King St East R.R. #8 Newcastle, Ontario L1B 1H3 Newcastle, Ontario L1B 1L9 Bernard Kamin Evylin Stroud Danson Kamin Recht and Freedman 89 Little Avenue 30 College St. Bowmanville, Ontario L1C 1J9 2nd Floor Toronto, Ontario M5G 1K2 Mr. Walter Hale Maurice O'Neill Mr. James Hale 2675 Reid Road R.R. #1 Newtonville, Ontario LOA 1J0 Orono, Ontario LOB 1M0 John MacMillan Paul Dundas R. R. #1 R.R. #4 Campbellcroft, Ont. LOA 1BO Port Hope, Ontario L1A 3V8 Terry Holingsworth Suzanne Vandertool 4240 Concession Road #4 2221 Stapleton Road R. R. #1 Orono, Ontario UB 1L9 Orono, Ontario LOB 1M0 Gordon Ewington 4298 Highway #2 Orono, Ontario L1B 1L9 ® SUBJECT SITE OTHER LANDS OWNED BY APPLICANT 16 15 14 13 12 11 10 9 8 7 CONCESSION ROAD.4 r I 1 A M A I 1 A-i O A P ; Al �n1 As r I ' £ � I w 1 � A-1 A I & z Z A ' o O w A ' V I i I A 0 i EP P I z a M3 I Q I At O ' A-1 Ui Z p I m I w(n a o U � M3 � ; _ z a w M cn C4- 'EP SEE I SCHEDULE 41T (NEWT NVILL), _ -3 I z I I © HIGHWAY 2 0 I , ; A (n W t , I HIGHWAY 401 I t,,,) IEP I Z A + I ; ; A-1 1 1 1 CONCESSION ROAD I m ° 5 00 '°°° m KEY MAP 500 Dev. 92-030 € 2 1,2 �) ; 1`