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HomeMy WebLinkAboutPSD-024-14 Clarbgton REPORT PLANNING DEPARTMENT SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 5, 2014 Resolution#: By-law#: N/A Report#: PSD-024-14 File#: COPA 2014-0001 & ZBA 2014-0006 Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND REZONING TO ALLOW CAMPING AND ANCILLARY USES ON LANDS NEARBY TO CANADIAN TIRE MOTORSPORT PARK APPLICANT: 1829963 ONTARIO INC. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-024-14 be received; 2. THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by 1829963 Ontario 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-024-14 and any delegations be advised of Council's decision. Submitted by: Reviewed by: David ' Crome, MCIP, RPP Fr Ari n Wu, Director of Planning Services Chief Administrative Officer MM/CP/sn 30 April, 2014 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-024-14 PAGE 2 1. APPLICATION DETAILS 1.1 Owner: 1829963 Ontario Inc. 1.2 Agent: CM Planning Inc. 1.3 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, portable washroom facilities, food trucks, shower trailers, temporary ticket processing booths, queuing areas and bus loading and parking areas associated with events on the nearby Canadian Tire Motorsport Park (CTMP) lands. 1.4 Area: 30.27 hectares (74.8 acres) 1.5 Location: 3061 Regional Road 20, Part of Lot 2, Concession 8, Former Township of Darlington (Figure 1) 2. BACKGROUND 2.1 This public meeting is required under the Planning Act to consider applications submitted on March 12, 2014, by 1829963 Ontario Inc. for a Clarington Official Plan amendment and Zoning By-law amendment to allow camping, parking, portable washroom facilities, food trucks, shower trailers, temporary ticket processing booths, queuing areas and bus loading and parking areas on the subject lands. The rezoning application requests a permanent zoning change and that permission to camp be not only for music festivals, but include any event held at CTMP. In addition to submitting these applications, the applicant has submitted an application for Site Plan Approval. 2.2 The Darclarke Properties Corp. property located west of the CTMP and immediately east of the subject property was recently rezoned to allow unserviced camping with restrictions that can be found in the by-law. In addition, an application has been filed to allow off-site vehicle parking and ancillary uses on a farm property located at the northwest corner of Concession Road 10 and Highway 35, to accommodate overflow and additional parking demands for the Boots and Hearts Music Festival. 2.3 The Boots and Hearts Music Festival was held August 1 to August 4, 2013. Approximately 18,000 people camped at the festival. There were approximately 4,500 campsites/recreational vehicle sites on the CTMP and Darclarke properties; approximately 2,500 being on the latter. With the addition of the subject lands, it is proposed that there could be approximately 4,100 useable campsites located off the CTMP. In addition there will be camping and recreational vehicle sites located on the CTMP lands (Figure 1). ueld 01!S - L aanf i:j £ 3E)Vd K-17ZO-USd :`ON .LUOd3U ............ b NO e- 6 .se• u.,,e.n ..:ems° °a � ROAD at,Itt q •, T �t/�/SIG t/tlllplttellt t/Q��/II p -. tqu/it �,�/tt ty uiy6' �/ ` ' ruI � ��i �// / °•1;•���� phi ti t!tii(gyrl uitjtuier ultt/ty Iuit ti �/ tttiti Sit ,� �. /itt t tits �4i�u� eI he/j 4ryul �t tiittif t min /A W. tG�it°�/�tilj Iutj iitu��4i�'ruWUt / oir / vi�ttu/i •Uj t�� /tuiitt t�7itip ii ,�� qir to�u _ �- Aiii 1 ' ' It/y /ut�hjwt�t tt t� bu�jt ut t u i�t — 9,r ui N✓!►!� tt t o��tutu u/ii /,�yt Iu � e � /INNN!rsr;• r![[!! SIN tltjtilt��iini/: �Qt�!irtitj"I/ • ueld 01!S - L aanf i:j £ 3E)Vd K-17ZO-USd :`ON .LUOd3U REPORT NO.: PSD-024-14 PAGE 4 2.4 From discussions with the owners of CTMP, it is the understanding of staff that race events, at this time, do not foresee using this subject property for camping or parking. The request to broaden the circumstances under which camping could occur is to allow the owners flexibility in the future to use the property for camping or parking for race events or other events held at CTMP. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject lands, owned by 1829963 Ontario Inc., are located west of the CTMP lands, with frontage along Regional Road 20, Clarke. The aerial photograph shows the subject property. The licenced area for an aggregate extraction pit comprises the northerly 11 hectares (see Figure 2). An area of approximately 1 hectare had approximately 830 loads of fill illegally dumped on it in January, 2012 (see Figures 2 and 3). 3.2 The surrounding uses are as follows: North - Existing Aggregate Extraction operation and rural residential uses South - Woodlot and agricultural lands East - Agricultural lands and temporary unserviced camping West - Woodlot and agricultural lands Figure 2 — Subject Site L I MM r 01 as<-mn Licensed 3 Pit Atha • - { Fill Subject Site .;? .. } . • .`ate ff ,.. �1� t - ( pie • (i 1 F REPORT NO.: PSD-024-14 PAGE 5 Figure 3 —West Side of Fill Dumpsite 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement (PPS) The subject lands have been identified as a Rural Area as defined by the PPS. The lands are not Prime Agricultural Lands and this is not considered to be a Prime Agricultural Area. Rural Areas include agricultural lands but may include opportunities for sustainable and diversified tourism, including recreational uses while conserving biodiversity and considering the ecological benefits provided by nature. Rural Areas should be supported by building upon rural character and leveraging rural amenities and assets. 4.2 Oak Ridges Moraine Conservation Plan (ORMCP) The ORMCP designates the subject lands Countryside Area, and a small portion at the south end as 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. REPORT NO.: PSD-024-14 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. Countryside Areas allow 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. Natural Linkage Areas form part of a natural corridor system, the purpose of which is to maintain, improve and restore the ecological integrity of the Moraine. No uses are proposed for the Natural Linkage Areas and setbacks are required for a major recreational 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 and Environmental Protection Area. General Agricultural Areas shall be predominantly used for farm and farm-related uses. 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 conservation uses. 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. 6. ZONING BY-LAW 6.1 Zoning By-law 2005-109 zones the subject lands Aggregate Extraction (AE), which permits and pit, and Agricultural (A), Natural Linkage (NL) and Environmental Protection (EP), which permits agricultural uses and a single detached dwelling. The portion of the property that is zoned AE may not be rezoned to allow additional uses until the pit licence is removed by the Ministry of Natural Resources. 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. It has also been advertised on the municipal website and in the Planning E-Update. REPORT NO.: PSD-024-14 PAGE 7 7.2 At the time of writing this report, inquiries have been made by the public regarding this application. The public who have come forward have raised concerns regarding the public safety, public nuisances, security, traffic congestion, blocked access to neighbouring properties, noise, trespassing, littering and the suitability and appropriateness of this property for the proposed purpose. 8. AGENCY COMMENTS 8.1 No agency comments have been received at the time of writing this report. 9. DEPARTMENTAL COMMENTS 9.1 Emergency and Fire Services No objection to the current applications. With regard to the site plan, fire access routes must be established and maintained not less than 6 metres in width as per the requirements of the Ontario Building Code for Access Route Design. Proper identification of the internal lanes and parking areas with easily readable signage is required. Two fire access entrances are needed for emergency vehicle access to the site. 9.2 Engineering Services Emergency access into the site has not been clearly outlined in the Traffic Plan. From subsequent meetings with the applicant, staff understands the following: Traffic from the west will enter the site at either the west entrance or be directed easterly onto Conc. 10 and into the east entrance (Gate 2). Traffic from the east will travel on Reg. Rd. 20 to the west entrance or onto Conc. 10 and into the east entrance. Conc. 10 from the east entrance (Gate 2) to Hwy. 35 will be open only to residents living on Conc. 10, shuttle buses for the event, production access and emergency access from the east. Emergency access is proposed from the southwest, north on Reg. Rd. 57, east on Conc. 8 and north on Mosport Rd. The suitability of these emergency accesses has not been confirmed by Emergency Services, DRPS nor EMS. Access to the existing residences on Murphy Road and Long Sault Road during periods of traffic congestion on Regional Road 20 has not been addressed by the applicant. These two roads do not have alternate access than from Regional Road 20, and local and emergency access to these roads must be addressed. This issue was introduced in the first wrap-up meeting after the 2013 event. In the event that the subject lands are not developed as applied for, the entire Traffic Plan must be revisited and revised to the satisfaction of the Director of Engineering Services and the Region of Durham. Also, all reference to Boundary Road in the Traffic Plan should state "Regional Road 20". REPORT NO.: PSD-024-14 PAGE 8 9.3 Building Division No concerns with this application. Building permits are required for any proposed buildings as per the Ontario Building Code. 10. DISCUSSION 10.1 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 a major recreational use and provides polices for the establishment and expansion of such uses. 10.2 The application seeks permission to allow unserviced camping and ancillary uses and a bus loading and parking area for any event held at CTMP. It is noted that the Boots and Hearts Music Festival and associated camping raised issues previously, including: • Public Safety • Traffic management • Emergency services (Fire, Police, EMS, Security personnel) • Negative impacts on nearby residents and land owners • Positive community impact for tourism and economic development • Impacts on the natural heritage system • Potential agricultural impacts • Need for additional camping and parking areas 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. Steps are being taken to address the issues which are dependent, in part, on this application. 10.3 To support the subject applications, and to address the above noted concerns, a Planning Justification report, a Natural Heritage Evaluation and a Transportation Plan and a Phase One Environmental Site Assessment (ESA) Report were submitted and circulated for review and comments. These will be reviewed in detail in a future staff report. The Phase One ESA was required due to the fill being illegally dumped on the site in January, 2012. 10.4 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. REPORT NO.: PSD-024-14 PAGE 9 10.5 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. The site plan for the subject lands is still in flux until the determination of the future of the licensed area. On April 28, 2014 Council approved the use of the unopened road allowance between Lot 2 and 3 (south of Murphy Road) as an alternative access to the site, if access cannot be obtained through the licensed pit. 10.6 The further consideration of the application will require the proponent to resolve the issue of the fill that was illegally dumped on the site. 11. CONCURRENCE — Not Applicable 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 1829963 Ontario 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: Mitch Morawetz, Planner Attachments: Attachment 1 — Proposed Official Plan Amendment List of interested parties to be advised of Council's decision: Republic Live Inc. Orlando Corporation Darclarke Properties Corp. G.S. Graham Valerie Cranmer, Valerie Cranmer & Leslie Kerrigan Associates Kate Sperry Rick Rondeau Diane Jackson Carolyn Molinari ATTACHMENT 1 TO REPORT PSD-024-14 AMENDMENT NO. TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN PURPOSE: To amend the Municipality of Clarington Official Plan to permit camping and ancillary uses on parcel 010-110-19100, located in Part of Lot 2, Concession 8,former Township of Darlington. BASIS: The amendment is based on an application submitted by 1829963 Ontario Inc.to permit camping and ancillary uses such as portable washrooms and day parking associated with motor race events and music festivals on the Canadian Tire Motorsport Park lands. ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended by: i) Amending Map Al (Darlington), as indicated on Exhibit`A' attached to this amendment by redesignating lands from "General Agricultural Area"to"Green Space"; and ii) Adding a new policy to Section 14.5 as follows: "14,5.7 Notwithstanding Section 14,5.2, permitted uses on the property with tax assessment roll no.18-17-010-110- 1.9100,also include unserviced camping and ancillary uses such as portable washrooms and day parking,as an Intermittent and temporary use, accessory to lands to the east that permit motor race events and music festivals, subject to the following: • Permanent buildings and/or structures related to the temporary use are prohibited; • Alteration to grades is prohibited; • Natural heritage features will be appropriately buffered; • Site Plan approval will be obtained to address such matters as site layout; access; temporary fencing, signage and lighting;and, monitoring of measures to mitigate environmental impacts; IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official Plan,as amended, regarding the implementation of the Plan shall apply to this amendment. 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