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
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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).
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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
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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.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official Plan,as
amended, regarding the Interpretation of the Plan shall apply to this
amendment,
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