HomeMy WebLinkAboutPSD-045-13 Cladyngton
REPORT
PLANNING DEPARTMENT SERVICES
PUBLIC MEETING
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: September 9, 2013 Resolution#: Oo 04 4/1 - 13 By-law#: N/A
Report#: PSD-045-13 File#: ZBA 2013-0016
Subject: AN APPLICATION FOR A TEMPORARY USE BY-LAW TO ALLOW CAMPING
AND ANCILLARY USES
APPLICANT: REPUBLIC LIVE INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-045-13 be received;
2. THAT the application for a temporary use by-law, submitted by Republic Live Inc., to
allow camping and ancillary uses for a period of up to three (3) years continue to be
processed and that a subsequent report be prepared; and
3. THAT all interested parties listed in Report PSD-045-13 and any delegations be advised
of Council's decision.
Submitted by: Reviewed by: , s
e-
Da 'd J. 15ome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
ATS/CP/df
3 September 2013
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-045-13 PAGE 2
1. APPLICATION DETAILS
1.1 Owner: Darclarke Properties Corp. (Canadian Tire Motorsport Park)
1.2 Applicant: Republic Live Inc.
1.3 Agent: Valerie Cranmer, Valerie Cranmer & Associates
1.4 Proposal: A proposed temporary use by-law (maximum three (3) years) to permit
outdoor camping, parking and washroom facilities associated with two (2)
annual music festivals on adjacent Canadian Tire Motorsport Park lands.
1.5 Area: 26.36 hectares (65 acres)
1.6 Location: Part of Lot 1, Concession 8, Former Township of Darlington
2. BACKGROUND
2.1 On June 11, 2013, Republic Live Inc. submitted an application to allow unserviced
camping as a temporary use on three parcels (see Figure 1).
Parcel Owner Approximate Number of
Campsites
1 Darclarke Properties Corp 2,500
2 & 3 Ryeland Farms 3,000
2.2 On June 24, 2013, the applicant advised the General Purpose and Administration
Committee (GPAC) that they were withdrawing the portion of their application that
comprised Parcels 2 and 3. On July 2, 2013 the agent for the applicant formally
amended the application in writing.
REPORT NO.: PSD-045-13 PAGE 3
FIGURE 1
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2.3 The Boots and Hearts Music Festival was held August 1 to August 4, 2013.
Approximately 18,000 people camped at the festival. Camping, which included both the
tents and recreation vehicles (RV's), was accommodated as follows:
Approximate Number of
Owner Campsites
Darclarke Properties Corp (Parcel 1) 2,500
Canadian Tire Motorsport Park 2,000
2.4 Republic Live Inc. submitted a Planning Justification Letter in support of the application.
REPORT NO.: PSD-045-13 PAGE 4
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands, Parcel 1, owned by Darclarke Properties Corp., is located
immediately west of the existing Canadian Tire Motorsport Park lands, with frontage
along Regional Road 20 and Concession Road 10, Clarke. The aerial photograph (see
Figure 2 on next page) shows the extent of the proposed use of the subject property
during the recent Boots and Hearts Music Festival. The main event area on the Mosport
site is shown on Figure 3 on next page.
3.2 The surrounding uses are as follows:
North - Existing Aggregate Extraction operation, agricultural land
South - Woodlot
East - Canadian Tire Motorsport Park
West - Existing (inactive) Aggregate Extraction site, agricultural land
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The lands are within a Rural Area as defined by the PPS. Recreational, tourism and
other economic opportunities are promoted in Rural Areas. Development that is
compatible with the rural landscape and sustained by rural service levels should be
promoted. Development shall be appropriate to the available infrastructure. Locally -
important agricultural and resource areas should be designated and protected by
directing non-related development to areas where it will not constrain these uses.
4.2 Oak Ridges Moraine Conservation Plan (ORMCP)
The ORMCP designates the subject lands Countryside Area, and a small portion
Natural Linkage Area. Countryside Area policies promote the protection and
continuation of agricultural uses. Natural Linkage Area policies promote the creation of
open space linkages between natural heritage features identified as Natural Core Areas.
Both designations allow low-intensity recreational uses and unserviced parks. Major
recreational uses are permitted in Countryside areas, but prohibited in prime agricultural
areas and areas designated primarily for agricultural uses.
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REPORT NO.: PSD-045-13 PAGE 6
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands Countryside Area and Natural
Linkage Area.
Natural Linkage Areas form part of a central corridor system, the purpose of which is to
maintain, improve and restore the ecological integrity of the Moraine. Limited new uses
including low-intensity recreation and unserviced camping are permitted in Natural
Linkage Areas.
Uses permitted in Countryside Areas include those mentioned above as well as
agricultural-related uses, small scale commercial, industrial, and institutional uses.
Major recreational uses are permitted in Countryside areas, but prohibited in prime
agricultural areas and areas designated primarily for agricultural uses.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands General Agricultural, Natural Linkage
Area and Environmental Protection Area. A significant woodland is identified on the
portion of the site designated as Natural Linkage Area,
General Agricultural Areas shall be predominantly used for farm and farm-related uses.
In addition, lands so designated may also be used for farm-related industrial/commercial
uses, home-based occupation, limited home industry uses, riding and boarding stables,
dog kennels, fur farms, sod farms, farm produce outlets and other similar uses provided
that such uses:
a) are compatible with the existing and/or designated land uses in the surrounding
areas and do not generate excessive amounts of odour, traffic and other
nuisances;
b) do not conflict with any surrounding agricultural operations;
c) are not located on Class 1 or Class 2 soil as defined by the Canada Land
Inventory of Soil Capability for Agriculture;
d) conform with the Minimum Distance Separation Formulae; and
e) do not abut any designated rural settlement areas.
The Natural Linkage Areas shall be used only for agricultural uses, home-based
occupations, home industries, bed and breakfast establishments, farm vacation homes,
low-intensity recreational uses, unserviced parks, and uses related to fish, wildlife and
forest management, conservation projects, and flood and erosion control projects.
Small-scale structures accessory to low-intensity recreational uses may be permitted.
No development shall be permitted on lands designated Environmental Protection
Areas, except low-intensity recreation and uses related to forest, fish and wildlife
management or erosion control and stormwater management.
REPORT NO.: PSD-045-13 PAGE 7
Temporary use by-laws may be passed to permit the use of lands, buildings or
structures, on a temporary basis, for any purpose provided that:
a) the proposed use is temporary in nature;
b) the proposed use is compatible with adjacent existing land uses, there is minimal
impact on the Natural Features and Land Characteristics identified on Map C, or
satisfactory measures to mitigate any adverse impacts will be applied;
c) there will be no adverse impacts on traffic or transportation facilities or services in
the area;
d) adequate access and parking are provided;
e) the use can be removed and the site can be restored to its original condition;
f) adequate sewage disposal and water services are available in compliance with
provincial and regional standards; and
g) it does not jeopardize the long term implementation of this Plan.
Generally, Council will not permit the extension of any temporary use by-law beyond a
period of 10 years.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) which permits agricultural
uses and a single detached dwelling.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property and a public meeting sign was erected along Regional Road 20.
7.2 At the time of writing this report, two (2) individuals have contacted staff regarding the
application, citing the following concerns:
• Protection of the Oak Ridges Moraine
• Traffic
• Road conditions
• Speeding
• Noise
• Trespassing
8. AGENCY COMMENTS
8.1 Regional Planning Department
The Regional Planning Department finds that the proposal to permit an unserviced,
temporary, short term use campground conforms to the policies of the Regional Official
REPORT NO.: PSD-045-13 PAGE 8
Plan and the Oak Ridge Moraine Conservation Plan, provided the following comments
are addressed:
• Demonstrate no potential for site contamination through a site screening
questionnaire and/or an environmental site assessment
• Provide calculations to satisfy the Provincial Minimum Distance Separation formulae
with respect to proximity to agricultural operations
• Camping is encouraged to be located a minimum of 120 metres from the significant
woodland, otherwise a natural heritage evaluation is required.
8.2 Regional Health Department
The Health Department requires more detailed information on the proposed sewage
disposal system and water supply prior to providing comments.
8.3 Regional Works Department
The Region of Durham Works Department notes that municipal services are not
available. No access/entrance will be permitted along Regional Road 20 (Type `A'
Arterial).
8.4 Ganaraska Region Conservation Authority
The Ganaraska Region Conservation Authority has no objection. The property is not
within a regulated area. While the use is temporary, it would have to be considered
intensive during the period(s) it is permitted to occur. A natural heritage evaluation
should be completed to support any development within 120 metres of the woodland
feature.
9. DEPARTMENTAL COMMENTS
9.1 Emergency and Fire Services
All fire access routes to all camping areas shall have a minimum width of 6.0 metres.
9.2 Engineering Services
The use of Darlington-Clarke Townline Road for access to the campground area will not
be permitted. The point where Darlington-Clarke Townline Road is crossed must be
along the open portion.
A 30.0 metre x 10 metre sight triangle is required at the intersection of Concession
Road 10 and Darlington-Clarke Townline Road. The southerly limit of the open portion
of Darlington-Clarke Townline Road must be barricaded to traffic for two days before,
during and two days after any music festival. The applicant will be responsible for 100%
of all costs, financial and otherwise to establish a suitable road barricade.
REPORT NO.: PSD-045-13 PAGE 9
A Traffic Management Plan with respect to any music festival will be required on an
annual basis subject to the approval of the Director of Engineering Services.
Engineering Services highlights that while there is no re-grading proposed at this time,
any future plans for regrading would require the approval of a grading and drainage plan
and may warrant a site alteration permit and/or a road damage deposit.
9.3 Buildinq Division
The Building Division has no concerns regarding the application.
10. DISCUSSION
10.1 The proposed temporary use by-law is to permit camping, parking and washroom
facilities on the subject lands in conjunction with music festivals on the adjacent
Canadian Tire Motorsport Park lands which is a designated Tourism Node.
10.2 Canadian Tire Motorsport Park is an established facility with zoning for a motor vehicle
race track, agricultural fairground and music festivals. It is identified as a Tourism
Node in the Clarington Official Plan, an indication of an area of major tourism and
recreation potential. The Oak Ridges Moraine Conservation Plan would consider
Mosport as a major recreation use and provides polices for the establishment and
expansion of such uses.
10.3 The Clarington Official Plan designates the subject lands as General Agricultural Area.
As it stands, neither major recreational uses or low-impact recreational uses are
permitted. The applicant has been verbally advised that an amendment to the
Clarington Official Plan is required.
10.4 In considering this proposal, it is noted that while the duration is very limited, the festival
and associated camping can have significant implications during the course of the
event, including:
• Traffic management
• Emergency services (Fire, Police, EMS, Security personnel)
• Positive and negative community impacts
• Impacts on the natural heritage system
• Potential agricultural impacts
11. CONCURRENCE — Not Applicable
REPORT NO.: PSD-045-13 PAGE 10
12. CONCLUSION
12.1 The purpose of this report is to provide background information on the proposed
temporary use zoning application submitted by Republic Live Inc. In order to proceed
with this proposal and any other camping sites for the festival, the applicant must also
submit an application to amend the Clarington Official Plan. Staff cannot proceed with
the further processing of this application until additional materials are filed.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Anne Taylor Scott, Planner II
List of interested parties to be advised of Council's decision:
Republic Live Inc.
Darclarke Properties Corp.
Valerie Cranmer, Valerie Cranmer & Associates
Leslie Kerrigan
Rob Whitehead
Susan Lloyd Swail