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HomeMy WebLinkAboutPSD-074-13 Clarington REPORT PLANNING DEPARTMENT SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 9, 2013 Resolution#: 0141-677-13 By-law#: N/A Report#: PSD-074-13 File#: COPA 2013-0004 & ZBA 2013-0016 Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO CANADIAN TIRE MOTORSPORT PARK 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-074-13 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by Republic Live Inc., to allow camping and ancillary uses, continue to be processed and that a subsequent report be prepared; and 3. THAT all interested parties listed in Report PSD-074-13 and any delegations be advised of Council's decision. Submitted by: Reviewed by: Da id MCI P, RPP a in Wu, Director of Planning Services Chief Administrative Officer ATS/CP/df 29 November 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-074-13 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 &Associates 1.4 Proposal: Clarington Official Plan Amendment A proposed Clarington Official Plan Amendment to change the land use designation from General Agricultural to Green Space to allow major recreational uses. Zoning By-law Amendment A proposed zoning by-law amendment to permit outdoor camping, parking and portable washroom facilities associated with events on adjacent Canadian Tire Motorsport Park (CTMP) lands. 1.5 Area: 26.36 hectares (65 acres) 1.6 Location: Part of Lot 1, Concession 8, Former Township of Darlington (Figure 1) 2. BACKGROUND 2.1 This public meeting is required under the Planning Act to consider the new application for a Clarington Official Plan Amendment and the revised rezoning application to allow camping, parking and portable washroom facilities on the subject lands. In addition to submitting the application for an Official Plan Amendment, the applicant has revised the rezoning application previously submitted for a temporary rezoning. The revised application requests a permanent zoning change, and requests that permission to camp not be only for music festivals, but include any event held at Canadian Tire Motorsport Park. 2.2 On June 11, 2013, Republic Live Inc. submitted the original rezoning application to allow unserviced camping as a temporary use on three parcels. The applicant revised their application by withdrawing the portion of their application that applied to lands south of CTMP, on the west side of Mosport Road. The applications only pertained to the lands west of CTMP, owned by Darclarke Properties Corp. (Canadian Tire Motorsport Park). M 0 N Property Location Map(Darlington) 0 QREGIONAL ROAD \1' i " O � p � z QO Subject Cl) O Site 0 = REGIONAL ROAD 20 0 ° Oy z 0' ; o W ROAD w S EL o a Z REGIONAL ROAD 20 a z o 777 a 7! CONCESSION ROAD 10 ° 2 C ION ROF 7 N E N RO m (D Q O fY W � z J COPA 2013-0004 Clarington Official Plan Amendment w Y Q 0 J Co z ZBA 2013-0016 Ir Co IM o Zoning By-law Amendment a C9 z Q 0 CONCESSION ROAD 8 Applicant: Republic Live Inc D M w REPORT NO.: PSD-074-13 PAGE 4 2.3 A public meeting was held on September 9, 2013 regarding the proposed temporary rezoning. Planning staff indicated that in order for the rezoning to continue to be processed, an application to amend the Clarington Official Plan would be required, in addition to the submission of a Planning Justification report, a Natural Heritage Evaluation and a Traffic Management Plan. 2.4 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 2.5 Following the September 9, 2013 Public Meeting, the applicant retained consultants to prepare the requisite studies and submitted an application to amend the Clarington Official Plan on October 30, 2013. 2.6 From discussions with the owners, it is staff's understanding that race events, at this time, have not reached a size where the Darclarke parcel is needed to accommodate overflow camping or parking. The request to broaden the circumstances under which camping could occur would allow the owners some flexibility in the future to use the property for camping or parking for race events or other events held at the park. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands, 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 — Page 5) 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 (Page 5). 3.2 The surrounding uses are as follows: North - Existing Aggregate Extraction operation, agricultural land South - Woodlot East - Canadian Tire Motorsport Park West - Existing licensed (inactive) Aggregate Extraction site, agricultural land f tE REPORT NO.: PSD-074-13 PAGE 6 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The lands have not been identified as a Prime Agricultural Area and thus they are considered 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. Criteria are established for the establishment or expansion of a major recreational use. 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. REPORT NO.: PSD-074-13 PAGE 7 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. Temporary use by-laws may be passed to permit the use of lands, buildings or structures, on a temporary basis, for a maximum of three (3) years, 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 the September 9, 2013 public meeting, individuals and organizations with an interest in the application contacted staff, submitted written correspondence, and/or attended the public meeting regarding the application. The following chart illustrates the comments received on the proposal for the Boots & Hearts Music Festival. REPORT NO.: PSD-074-13 PAGE 8 Concerns Benefits • Protection of the Oak Ridges Moraine • Economic impacts • Public safety • Recreational/tourism impacts • Public nuisances • Support of Canadian/local artists • Security • Support of local charities • Traffic congestion • Blocked access to neighbouring properties • Road conditions • Speeding • Noise • Trespassing • Littering • Communication between CTMP/Republic Live Inc. and neighbouring property owners • Impact to telecommunication signals 7.3 At the time of writing this report, one submission has been received by a planning consultant retained by area residents. A review of best management practices by other music festivals is included. The submission provides the following: • Planning opinion on conformity to provincial, regional and local land use planning policy and that the applications do not conform to the Oak Ridges Moraine Conservation Plan; • A review of the reports submitted with the applications with suggested modifications; • Recommended conditions to be implemented should the applications be approved, including: • Limiting density of the campground area • Limiting the event to people 19 years of age or older unless accompanied by an adult; • Increase police/security presences • List eviction offences and enforce • Establish emergency management plan • Include a police command centre with camera surveillance • Restrict movement of vehicles once parked on site • Improved washroom/hand-washing facilities and waste collection services • Institute a noise curfew of 1:30 a.m. • Strike a traffic management committee that would include Leslie or Ken Kerrigan • Encourage car pooling; provide shuttles • Establish a buffer area around woodlands — no camping, privies, cars or generators REPORT NO.: PSD-074-13 PAGE 9 7.4 Resulting from the latest notification, no additional comments have been received by the public. 8. AGENCY COMMENTS 8.1 Regional Planning Department Regional Planning finds the proposed camping is permitted by the policies of the Regional Official Plan, and has no objection to the proposed applications. However the Region notes that site specific policies may be warranted giving the nature of the proposal. The official plan and/or zoning by-law provisions may include policy and/or regulations relating to setbacks, waste management/water supply, and traffic management. The application is exempt from Regional approval. The Phase 1 Environmental Site Assessment finds no evidence of contamination on the site. The Region accepts the findings. The Region requests that the recommendations of the Scoped Natural Heritage Evaluation be followed during any approved camping use. The Region also requests additional information to satisfy the Minimum Distance Separation calculations if there are nearby agricultural operations. 8.2 Regional Health Department A written submission made to the Regional Health Department, at least 4 weeks in advance of any camping activity, will be required for approval. The submission should include details regarding the storage, haulage route and disposal of any portable facilities as well as the source, storage and haulage route of any drinking/potable water. 8.3 Regional Works Department The Traffic Management Plan has been reviewed by the Durham Regional Works. The report is generally acceptable, however, technical comments have been provided to the traffic consultant for consideration in the final report. 8.4 Ganaraska Region Conservation Authority The Ganaraska Region Conservation Authority has reviewed the application and the proposed Natural Heritage Evaluation. The GRCA highlights that the evaluation does not fully report on the intensive impacts of the private campground on the woodland ie. intrusion of patrons, noise, light and litter. The evaluation suggests that camping be permitted up to the limit of the significant woodland, however the GRCA recommends that a buffer (minimum vegetation protection zone) be provided to satisfy provisions of the Oak Ridges Moraine Conservation Plan. The GRCA recommends that the buffer be implemented through the Zoning By-law amendment and that the future site plan agreement include requirements to install fencing and signage to protect to the woodland and buffer area. It is recommended that a monitoring plan be prepared to measure effectiveness of the mitigation measures over the course of the events, should the applications be approved. REPORT NO.: PSD-074-13 PAGE 10 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 Engineerinq Services The Traffic Management Plan submitted in support of the festival and camping is currently under review. 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 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 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. 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 Building Division The Building Division has no concerns regarding the application. 9.4 Operations The Operations Department has reviewed the Traffic Management Plan and finds that the report addresses current issues, however, costs for recommended improvements are not identified in budget forecasts. 10. DISCUSSION 10.1 Republic Live is requesting permission to allow camping, parking and portable washroom facilities on the subject lands related to events on the adjacent Canadian Tire Motorsport Park lands, a designated Tourism Node. In order to permit these uses, amendments to both the Clarington Official Plan and Zoning By-law are required. 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 CTMP REPORT NO.: PSD-074-13 PAGE 11 a major recreational use and provides polices for the establishment and expansion of such uses. 10.3 The applicant is not requesting an expansion to the Tourism Node, but rather requests that during certain events at CTMP, permission be granted to allow camping, parking and portable washroom facilities on the subject lands. At this time, there are no plans to construct any permanent structures or to expand the principle race track use. 10.4 In considering this proposal, Council and the public need to be aware that the request is for permission to camp for any event held at CTMP. It is noted that the Boots and Hearts Music Festival and associated camping raised issues, including: • Public Safety • Traffic management • Emergency services (Fire, Police, EMS, Security personnel) • Positive and negative community impacts • Impacts on the natural heritage system • Potential agricultural impacts These impacts were discussed following the 2013 Boots and Hearts Music Festival at wrap-up meetings held with representatives from Republic Live Inc., Canadian Tire Motorsport Park, Municipality of Clarington, Durham Regional Police, Durham Region EMS, St. John's Ambulance, Lakeridge Health and security personnel. 10.5 To support the subject applications, and to address the above noted concerns, a Planning Justification report, a Natural Heritage Evaluation and a Traffic Management Plan were submitted and circulated for review and comments. These will be reviewed in detail in a future staff report. 10.6 Generally, the Traffic Management Plan has demonstrated that the surrounding road network can accommodate the traffic generated by the music festival, including camping, and operational improvements have been presented in draft form. Staff's review of the Traffic Management Plan will include prioritization and feasibility of the suggested improvements, followed by implementation of select improvements as a requisite for the 2014 festival and beyond. Cost-sharing will be part of the discussion. 10.7 The Planning consultant for the applicant has recommended that the Green Space designation be applied and that the camping use would be permitted as a recreational use. The land use designation must conform to the policies of the Oak Ridges Moraine Conservation Plan and Durham Regional Official Plan, and will also be reviewed in the context of the Clarington Official Plan review dealing with the Countryside. 10.9 Use of the lands for camping also requires site plan approval and the owners would enter into a site plan agreement to control access, site layout, fencing/signage to protect woodlot, lighting, and waste/recycling. 11. CONCURRENCE — Not Applicable REPORT NO.: PSD-074-13 PAGE 12 12. CONCLUSION 12.1 The purpose of this report is to provide background information on the proposed Clarington Official Plan Amendment and Rezoning applications submitted by Republic Live Inc. Staff will continue processing the applications including the preparation of a subsequent report upon resolution of the identified issues. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Anne Taylor Scott, Planner II Attachments: Attachment 1 - Proposed Official Plan Amendment 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 Rick Rondeau Carolyn Molinari Garry Niece Tricia Hebert Justin Oliver Kevin Anyan Mark & Marilyn Osborn Orlando Corporation ATTACHMENT 1 TO REPORT PSD-074-13 PROPOSED OFFICIAL L T MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment to the Municipality of Clarington Official Plan is to redesignate the subject lands from General Agricultural to Green Space. The redesighation will allow the proposed development of outdoor camping and associated facilities on the subject lands on a temporary basis. The Natural Linkage and Environmental Protection designation on the lands remain. LOCATION: The subject lands are located in Part Lot 1, Concession 8, Former Township of Darlington, south of Regional Road 20. The lands are located directly west of the lands utilized by the Canadian Tire Motorsport Park. BASIS: This amendment is based on the resolution of the Planning Committee on with respect to Official Plan Amendment Application ACTUAL AMENDMENT: The Official Plan of the Municipality of Clarington is hereby amended as follows: 1) by revising Map Al (Darlington) — Land Use — Darlington Rural Area as shown in the attached schedule IMPLEMENTATION: The policies in the Municipality of Clarington Official Plan, regarding implementation, shall apply to this Amendment. INTERPRETATION: The policies in the Municipality of Clarington Official Plan regarding implementation, shall apply to this Amendment. 21 SCHEDULE 1 TO PROPOSED CLARINGTON OFFICIAL PLAN AMENDMENT ',,fir i. 514". � __l� 1 '�. _ _ I 11�� \\ bA11LQIF1, I J � . Ir At I - cnwrrl. I !1 REDESIGNATE SUBJECT LANDS FROM GENERAL AGRICULTURE TO OPEN SPACE 22 _VQLO'tdG �JtaK�iAtO't �1¢000C�I,d 7irC.