HomeMy WebLinkAboutPSD-032-14 Clarington
REPORT
PLANNING DEPARTMENT SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
,901el
Date: May 26, 2014 Resolution#: By-law#: �I -6�
Report#: PSD-032-14 File#: COPA 2014-0001, COPA 2014-0002,
ZBA 2014-0006 and ZBA 2014-0011
Subject: APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND
ZONING BY-LAW TO ALLOW ADDITIONAL PROCESSING AREAS, CAMPING,
PARKING AND ANCILLARY USES ON LANDS NEARBY TO
CANADIAN TIRE MOTORSPORT PARK
APPLICANT: 1829963 ONTARIO INC. AND REPUBLIC LIVE INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-032-14 be received;
2. THAT Amendment 98 to the Clarington Official Plan submitted by 1829963 Ontario
Inc. to redesignate lands from General Agriculture to Green Space, as contained in
Attachment 6 be adopted and the by-law adopting the Official Plan amendment
contained in Attachment 7 be passed;
3. THAT Amendment 99 to the Clarington Official Plan submitted by Republic Live Inc. to
redesignate lands from General Agriculture to Green Space, as contained in
Attachment 8 be adopted and the by-law adopting the Official Plan Amendment
contained in Attachment 9 be passed;
4. THAT a Temporary Use Zoning By-law Amendment for 1829963 Ontario Inc. allowing
camping and ancillary uses, be approved as contained in Attachment 10;
5. THAT a Temporary Use Zoning By-law Amendment for Republic Live Inc. (Dobson)
allowing parking and ancillary uses, be approved as contained in Attachment 11;
6. THAT once all provisions contained in the Official Plan and Zoning By-law with respect
to the removal of the (H) Holding Symbol are satisfied through site plan approval, the
by-laws authorizing the removal of the (H) Holding Symbol be approved;
7. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-032-14 and Council's decision; and
REPORT NO.: PSD- 032 -14
PAGE 2
8. THAT all interested parties listed in Report PSD- 032 -14 and any delegations be
advised of Council's decision.
Submitted by: Reviewed by:
D id . Crome, CIP, RP
DU i# or of Plan King Servic s
MM /ATS /CP /sn
26 May, 2014
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905 - 623 -3379
REPORT NO.: PSD- 032 -14
EXECUTIVE SUMMARY
PAGE 3
The 2013 Boots and Hearts Festival experienced a number of problems, most
fundamentally with respect to traffic congestion due to the length of time it took to
process patrons. The 2013 event attracted approximately 24,000 patrons. The 2014
event is anticipated to attract approximately 30,000 patrons.
The applications submitted provide for additional facilities to support the growing event
at the Canadian Tire Motorsport Park (CTMP) site, specifically:
0 16 tollbooth processing facility for camping areas (in addition to the 12 tollbooth
processing facility for campers and a 3 toll booth processing center for RV's on
the CTMP site)
o Approximately 2,000 additional campsites on the lands adjacent to the approved
camping facilities on the west side of the Darlington -Clark townline road
allowance
o An off -site parking facility for up to approximately 7,000 cars (although it is
anticipated that there would only be 4,000 cars for this year's event). The off -site
parking facility is to accommodate largely day users (non- campers) although
there will be a portion of the site to accommodate additional cars that cannot be
accommodated on the campsites
0 The off -site parking facility would be serviced with shuttle buses to take patrons
to the festival site along Concession Road 10, which would be closed to only
local traffic and event traffic.
Most of the operation /implementation issues, which are critical to the success of the
festival and the impacts on residents, are dealt with through the Special Events
permitting process. Over the past year, the Municipality has undertaken a
comprehensive review of the Special Events permitting process to clarify and augment
the permitting process.
The primary need for these applications is to implement the transportation solution
required to allow the Boots and Hearts Festival to operate successfully and to grow.
The Transportation Plan submitted by Republic Live has been reviewed by both
Regional Works and Clarington Engineering Services Departments. They are satisfied
that traffic can safely be accommodated. A Final Traffic Safety Plan will be part of the
Special Events Permitting process.
REPORT NO.: PSD- 032 -14 PAGE 4
1. APPLICATION DETAILS FOR CAMPING AND TICKET PROCESSING
1.1 Owner /Applicant: 1829963 Ontario Inc. (Rick and Shawn Rondeau)
1.2 Agent: CM Planning Inc.
1.3 Proposal: 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
(Application as amended) To permit temporary ticked processing
booths, camping, parking, portable washroom facilities, generally on the
lands south of the licensed pit, associated with the music festival being
held from July 31 to August 3, 2014 at the nearby Canadian Tire
Motorsport Park (CTMP) lands. A preliminary site plan is shown on
Attachment 1
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)
1.6 Site Description 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.
An area of approximately 1 hectare had approximately 830 loads of
fill illegally dumped on it in January, 2012. The lands generally slope
from north to south. The southern approximately 3.5 ha are treed
and all of the lands outside of the licensed area, the treed area and
where the fill was placed is generally being farmed.
1.7 Surrounding uses
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
REPORT NO.: PSD- 032 -14
Figure 1 - Site Location
PAGE 5
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2. APPLICATION DETAILS FOR OFF -SITE PARKING
2.1 Owner: Jeffrey and Nancy Dobson
2.2 Applicant: Republic Live Inc.
2.3 Agent: Valerie Cranmer & Associates
2.4 Proposal: 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
(Application as amended) To permit parking, portable washroom
facilities, temporary ticket processing booths and bus loading and
parking areas associated with the Boots and Hearts Music Festival
on the nearby CTMP lands. A preliminary site plan is shown on
Attachment 2.
REPORT NO.: PSD- 032 -14 PAGE 6
2.5 Area: 45.36 hectares (112 acres)
2.6 Location: 3730 Concession Road 10, Part of Lot 23 and 24, Concession 10,
former Township of Clarke (Figure 2)
2.7 Site Description The subject lands owned by the Dobson's have frontage along
Highway 35, Regional Road 20 and Concession Road 10. The lands
generally slope from north to south and have an approximately 4.8 ha
woodlot in the centre of the property. A house, barns and out
buildings are located along the Concession Road 10 frontage. The
balance of the property is being farmed.
2.8 Surrounding Lands
North - Existing Aggregate Extraction operation and rural residential properties
South - Woodlot and rural residential properties
East - Woodlot and agricultural uses
West - Vacant agricultural land
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REPORT NO.: PSD- 032 -14
3. BACKGROUND
PAGE 7
3.1 The applications for the two properties request changes to the Clarington Official Plan
and Zoning By -law to allow camping and ancillary uses on one parcel and parking and
ancillary uses on another. Ticket processing facilities for campers and day users are
critical elements of both applications. These uses would have the following
characteristics:
• No permanent buildings or structures are proposed (portable and temporary
structures will be used for event)
• Lands would remain unserviced
• Existing agricultural uses would continue
• Parking on the Dobson farm and camping on the Rondeau lands would only
occur during the Boots and Hearts Music Festival held at nearby Canadian Tire
Motorsport Park (CTMP)
3.2 Figure 3 is a map showing the four properties proposed to be used for the Boots and
Hearts Music Festival in 2014:
• The northerly portion of the CTMP property is outlined in yellow
• The Darclarke property (off -site camping site) is outlined in purple
• The 1829963 Ont. Inc. ( Rondeau lands) property ( ticket processing and off -site
camping site 2) is outlined in green
• The Dobson property (off -site parking is outlined in red)
• The shuttle bus route is outlined in blue
FIGURE 3 — Property Relationship Map
3.3 The statutory Public Meeting was held on May 5, 2014 for the subject applications.
The applications were referred back to staff for further processing and preparation of a
recommendation report. A number of issues and concerns have been raised by staff,
the public and Council and are discussed in this report.
3.4 The purpose of this report is to provide a recommendation for approval of changes to
the Clarington Official Plan and Zoning By -law to:
REPORT NO.: PSD- 032 -14
PAGE 8
allow ticked processing, camping and ancillary uses on the lands owned by
1829963 Ontario Inc. in association with the Boots and Hearts Music Festival
held at CTMP
allow parking and ancillary uses on lands owned by Jeffrey and Nancy Dobson
in association with the Boots and Hearts Music Festival held at CTMP.
It does not deal with the many details associated with the operation and delivery of the
special event itself. These would be addressed in part through the application for site
plan approval but primarily through the Special Events Permit process and all the
underlying permits associated with this. For example, the off -site parking land use is
premised on the most efficient way to deliver patrons to the site which requires a
shuttle bus system and closure of a portion of Concession Road 10.
3.5 The Darclarke Properties Corp. property (off -site camping) located west of the CTMP
was redesignated and rezoned earlier this year to allow unserviced camping as a
temporary use (three years) with restrictions. Applications for Site Plan Approval and
removal of Holding are being reviewed for that site.
3.6 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. Demand for festival tickets and campsites
continues to grow and additional land for camping is needed to meet this demand.
The application for the 1829963 Ontario Inc. lands would accommodate additional
campsites as well providing 16 ticket processing tollbooth stations for campers
entering the festival. There is a 12 tollbooth ticket processing centre for campers on
the Mosport Park lands and a 3 toll booth ticket processing centre for RV's
(Attachment 1A). In addition, there are ticket processing toll booths for the premium
camping and RV sites (family camping).
3.7 With the addition of the 1829963 Ontario Inc. lands, it is proposed that there could be
approximately 2,000 useable campsites located off the CTMP and Darclarke lands.
There will be camping and recreational vehicle sites located on the CTMP and
Darclarke lands similar to last year (Figure 1). Each campsite has the potential to
accommodate up to 8 campers per site. Based on the information provided, on
average, there were less than 4 campers per campsite.
3.8 The proposed off -site parking area could accommodate approximately 7,400 vehicles.
It is expected that no more than 4,000 vehicles will be parked at this site each day
during the 2014 festival. The parking is primarily for use by day ticket holders but will
also provide overflow parking for the campsites. Vehicular access is proposed from
Regional Road 20 with shuttle buses entering and exiting the southwest corner of the
property at Concession Road 10 (Figure 2). The shuttle would operate directly
between the off -site parking and the CTMP on Concession Road 10. Concession Road
10 between CTMP and the Highway 35 is proposed to be closed.
REPORT NO.: PSD- 032 -14
._
3.9 The planning land use applications are only a small but critical portion of the approvals
needed by the Boots and Hearts Festival. Most of the implementation or operational
issues are covered through the Special Events process. The Municipality has a
Special Event By -law 2014 -020, which was recently approved by Council. The purpose
of the by -law is to regulate and permit large exhibitions and events on private property
such as the Boots and Hearts Music Festival. Prior to issuing a Special Event permit,
a number of items must be addressed in accordance with the by -law including, but not
limited to:
• preparation of an emergency plan to the satisfaction of the Director of
Emergency and Fire Services
• preparation of a fire safety plan to the satisfaction of the Director of Emergency
and Fire Services
• preparation of a security plan to the satisfaction of the Director of Emergency
and Fire Services
• preparation of a traffic safety plan to the satisfaction of the Director of
Engineering Services
• preparation of a waste management plan to the satisfaction of the Durham
Region Health Department
• the Director of Finance receiving all of the insurance, fees and security deposit
required under the by -law
• arrangements having been made to provide adequate police protection to the
satisfaction of the Chief of Police
• appropriate arrangements being made for the provision of medical services or
medical transport or the provision of first aid services by non - paramedic staff to
the satisfaction of the Durham Emergency Medical Services
3.10 For past festivals a working group of departments and agencies specific to the Boots
and Hearts Music Festival has convened in relation to the Special Events Permit. For
2014 an Agency Coordinating Committee has been formalized by the Chief
Administrative Officer, and includes representatives from many departments of the
Municipality and Durham Region and other agencies.
This committee has generally met on a monthly basis, from January until June, with
representatives from Republic Live and their consultants to discuss the delivery of
services for the event, and the requisite documents and permits needed to support the
Special Event Permit. This committee includes all of those agencies /departments that
are required to provide clearance to the Municipal Clerk prior to issuance of the
Special Event Permit under the Special Event By -law.
The Agency Coordinating Committee also meets following the event for a wrap -up
discussion on items to be addressed.
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4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
1 :7s1rl S U7
The PPS requires municipalities to designate lands Prime Agricultural Area in
accordance with guidelines developed by the province. Although Clarington is
completing its Official Plan review the Region of Durham has not identified either of the
subject lands as Prime Agriculture. Therefore, the lands are considered 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.
The PPS defines recreation as: leisure time activity undertaken in built or natural
settings for purposes of physical activity, health benefits, sport participation and skill
development, personal enjoyment, positive social interaction and the achievement of
human potential.
The proposed applications are consistent with the PPS.
4.2 Oak Ridges Moraine Conservation Plan ( ORMCP)
The ORMCP designates the majority of the Rondeau lands and Dobson lands as
Countryside Area. The south end of the Rondeau lands are designated Natural
Linkage Area. Both properties are identified as being within Areas of High Aquifer
Vulnerability. The woodlot on the Dobson parcel is identified as a Key Natural Heritage
and Hydrological Feature.
Countryside Areas
Countryside Area policies promote the protection and continuation of agricultural uses.
This designation also permits the widest range of non - agricultural related uses on the
Oak Ridges Moraine, including low- intensity recreational uses and unserviced parks as
well as major recreational uses. Criteria are provided for the establishment or
expansion of a major recreational use.
The proposal for the campground meets the definition of a recreational use in the PPS,
although there is no similar definition in the ORMCP. The ORMCP identifies two types
of recreational uses:
Major recreational uses are those which require large scale modification of terrain,
vegetation or both and usually require large -scale buildings or structures. They
include, but are not limited to the following:
• Golf courses
• Serviced playing fields
• Serviced campgrounds
• Ski Hill
REPORT NO.: PSD- 032 -14
PAGE 11
Low intensity recreational uses are recreational uses that have a minimal impact on
the natural environment, require very little terrain or vegetation modification and few, if
any buildings or structures, including:
• Non - motorized trail uses
• Natural heritage appreciation
• Unserviced camping on public or institutional land
• Accessory uses
Canadian Tire Motorsport Park would meet the general defining requirements of a
major recreational use but it is not one of the examples listed. A music festival is an
accessory use to the raceway, although the Clarington Zoning By -law 84 -63
specifically lists as a permitted use.
Low - intensity recreational uses are permitted within the Natural Core and Natural
Linkage Areas of the ORMCP. This designation includes the most sensitive
environmental features. The intent appears to allow for recreational uses which would
have minimal impact on these features.
The proposal meets some of the elements of a low intensity recreational use — there is
little modification to the terrain or vegetation and there are no permanent buildings.
However, while it may be a use with low frequency, it is not a low intensity use during
the few days it operates. A low intensity use would not generate traffic impacts and
the number of people proposed to camp on the lands during the festival.
The Rondeau lands and the Dobson lands are serving as an extension of Canadian
Tire Motorsport Park for the purposes of the recreational event, music festival, being
held at CTMP. It is not a separate, independent campground or parking lot operated
on their own. Therefore, in staff's view it should be viewed as a major recreational use
for the purposes of conformity to the ORMCP.
The ORMCP permits major recreational uses in Countryside. Redesignating the lands
from General Agricultural to Green Space would allow the major recreational use to be
established. The proposed applications conform to the ORMCP in the Countryside
areas.
Natural Linkage Areas
Natural Linkage Area policies promote the creation of open space linkages between
natural heritage features identified as Natural Core Areas. The Natural Linkage Area
policies allow low- intensity recreational uses and unserviced park, however, small -
scale commercial uses and major recreational uses are not permitted. Given the
objectives of the Natural Linkage Area policies to create linkages and improve or
restore the ecological integrity of the ORM, the policies would not permit camping
within the south portion of the Rondeau property.
REPORT NO.: PSD- 032 -14
Areas of High Aquifer Vulnerability
PAGE 12
Most of the Oak Ridges Moraine, including these parcels, are areas of high aquifer
vulnerability. This does not prohibit all development on the Moraine. The ORMCP
prohibits uses which would generate or store hazardous waste or liquid industrial
waste; waste disposal sites, organic soil conditioning sites, storage tanks that are not
equipped with an approved secondary containment device. It should be noted that only
the eastern portion of the Dobson property is within an area of high aquifer
vulnerability.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject lands in parallel with the
ORMCP Countryside Area and Natural Linkage while the CTMP lands are identified as
a Regional Node. Existing Regional Nodes shall continue to be developed in a
manner that will attract other compatible non - residential uses. The policies of the
Regional Plan implement the ORMCP discussed above.
5.2 Clarington Official Plan
The Clarington Official Plan designates the Rondeau land primarily as General
Agricultural with the southerly portion being Natural Linkage Area and Environmental
Protection Area. In addition there is an Aggregate Extraction Area overlay on
approximately the north third of the property. This portion of the site is currently
licensed by the Ministry of Natural Resources for aggregate extraction. The lands are
split between a High Aquifer Vulnerability Area identification. A significant woodland is
also identified on the property.
The Dobson lands are designated General Agricultural and Environmental Protection
Area. These lands are identified as being High Aquifer Vulnerability Area Rating 1. A
significant woodland is identified on this property as well.
The Environmental Protection Area designation relates to a significant woodland
identified on the central portion of the Dobson lands and the central west portion of the
Rondeau lands. No development shall be permitted on lands designated
Environmental Protection Area except low- intensity recreation and uses related to
forest, fish and wildlife management or erosion control and stormwater management.
General Agricultural Areas shall be predominantly used for farm and farm - related
uses. The policies of this designation are more restrictive than the policies of the
ORMCP and Regional Official Plan for the Countryside area designation. The Natural
Linkage Area policies are consistent with the ORMCP and Regional Official Plan
Both parcels are identified as a High Aquifer Vulnerability Area. The policies and list of
prohibited use matches that found in the ORMCP.
REPORT NO.: PSD- 032 -14
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.
6. ZONING BY -LAW
Rondeau Lands
6.1 Zoning By -law 2005 -109 zones the 1829963 Ontario Inc. lands Aggregate Extraction
(AE), Agricultural (A), Natural Linkage (NL) and Environmental Protection (EP). The
"AE" zone allows a pit and agricultural uses, the "A" zone allows agricultural uses and a
single detached dwelling, and the "NL" zone allows agricultural uses as well. The "EP
zone would only permit conservation type uses. 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.
Dobson Lands
6.2 Zoning By -law 2005 -109 zones the Dobson lands Agricultural (A) and Environmental
Protection (EP). The "A" zone permits both agricultural uses and a single detached
dwelling, while the "EP" zone would permit conservation uses.
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public meetings were held on May 5, 2014. A number of enquiries were received and
several individuals spoke at the public meeting. In addition comments were received at
the following Council meeting as well as directly to the Planning Department in response
to the notice that was mailed out. The comments received to date have raised concerns
regarding the roads and traffic, nuisances to surrounding property and farm owners, as
well as the suitability and appropriateness of the subject properties for the proposed
uses. Concerns have also been raised about public safety, drunk drivers and the
possibility that the Dobson lands will be used for camping in advance of the event or as
an overflow camping area for the Boots and Hearts Festival. The issues are
summarized in Attachment No. 3.
REPORT NO.: PSD- 032 -14
8. AGENCY COMMENTS
8.1 Ministry of Transportation
PAGE 14
The Ministry of Transportation (MTO) has no objection in principal to the COPA 2014-
002 application and suggests that the rezoning should be contingent on the review and
acceptance of a Traffic Impact Study (TIS) by MTO and the municipality. At the time of
the comments, MTO was concerned that the parking use was a permanent activity.
They are less concerned with a temporary use once a year. The application has been
modified to only the Boots and Hearts Festival. MTO has commented that the Dobson
application may have an impact on the traffic operations related to Highways 35 and
115. Prior to Site Plan Approval, MTO will require a comprehensive analysis and review
of the traffic operations. MTO permit approval is required prior to the start of any activity
related to the event. MTO will require permit approval each time the event takes place
subject to a review of the traffic plan and any modifications to the site plan.
MTO has provided additional comments regarding details and concerns that will be
addressed through the Special Events Permit and the Site Plan Approval process.
MTO is currently reviewing the revised traffic plan submitted by Republic Live and will
provide comments for site plan at the conclusion of their review.
8.2 Ministry of Natural Resources
Approximately 11.0 ha of the total Rondeau holdings is subject to a license for
aggregate extraction. Prior to the Ministry surrendering a license the pit is normally
rehabilitated. However, in situations where the intent is to have a different or more
active end use than was originally proposed through the license, the Ministry may
accept the surrender of the license without final rehabilitation subject to conditions.
MNR would be prepared to entertain the surrender of the license subject to conditions.
The Ministry has no concerns with the proposed applications for land use change. With
respect to use of the licensed portion of the site providing access to the balance of the
Rondeau lands MNR advised that they would support such a request subject to
conditions, including the following:
• recognition that any such access road through the currently licensed site would
be "temporary" only, and more specifically, would be constructed to serve the
Boots and Hearts Festival for 2014.
• written documentation as to why such a road could not be constructed slightly to
the west within the unopened road allowance (which is not licensed under the
Aggregate Resources Act);
• road design criteria for safety and structural integrity;
• material to fill (create) the road will NOT be imported; existing on site material
will be used with the exception of gravel for surface layers, which may be
imported;
• installation of fencing along the roadway to prevent public access onto the
licensed property adjacent to the temporary road
REPORT NO.: PSD- 032 -14
8.3 Regional Planning Department
PAGE 15
Regional Planning provided comments advising the proposed camping and parking are
permitted by the policies of the Regional Official Plan, and they have no objection to the
proposed applications. However, the Region suggests that the Clarington Official Plan
Amendment include site specific policies given the nature of the proposal. The
Clarington 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
1829963 Ontario Inc. site. The Region accepts the findings. The Region requests that
the recommendations of the Scoped Natural Heritage Evaluation be followed during any
approved camping or parking use.
8.4 Durham Works Department
Regional Works has advised they have no objection to the proposed Official Plan
Amendments and Zoning By -law Amendments, subject to implementation of an
acceptable traffic management plan during periods when the site is being used for
special event parking /camping. They have noted items to satisfy through site plan
approval including finalizing the traffic study to their satisfaction. The applicant will be
required to obtain entrance permits from the Region once they are satisfied that the
proposed entrances and vehicle queuing /processing areas can accommodate the
expected traffic demands without undue traffic operations and safety impacts on
Regional Road 20.
8.5 Regional Health
The applications have been reviewed and the Health Department has no objection to
their approval. Details on the following are required by the Department prior to Site Plan
Approval being granted:
• Private sanitary sewage storage, haulage, disposal, who will be contracted to
haul it, etc.
• The number of portable washrooms provided.
• For any drinking /potable water, source, storage, haulage, who will be contracted
to supply the source etc.
8.6 Ganaraska Region Conservation Authority
The applications, including the Natural Heritage Evaluation, have been reviewed by the
Ganaraska Region Conservation Authority (GRCA) and they have no objections to the
approval of these applications. As the lands are outside of the regulatory jurisdiction of
the GRCA, no permits would be required from the Authority for the event. GRCA
suggests that all recommendations contained within the Natural Heritage Evaluation
should be implemented through the conditions of Site Plan Approval.
REPORT NO.: PSD- 032 -14
9. DEPARTMENTAL COMMENTS
9.1 Emergency and Fire Services
PAGE 16
Emergency Services has no objection to the proposed Official Plan amendment and
Zoning By -law amendment. Conditions of approval will be imposed through both the
site plan approval for the individual sites and the special events permit for the music
festival. The Fire Chief must be satisfied with the emergency plan, the fire safety plan
and the security plan before the special events permit can be issued. Based on the
traffic plan, congestion on the main roads will be reduced. Emergency responders from
outside the event should be able to respond without delay. A ban on campfires is
imposed again this year. A 15 to 30 metre buffer will be imposed to all significant
woodlots therefore grass and brush fires should not be a concern.
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.
9.2 Engineering Services
The Engineering Services Department has reviewed the May 1, 2014 draft of the
Transportation Plan prepared by Creighton Manning for the 2014 Boots & Hearts
Festival and has taken into account the comments from the public expressed at the May
5, 2014 Public Meeting regarding the OPA and Rezoning application for the Rondeau
lands and the Dobson lands. The following are the Engineering Services Department's
preliminary comments:
There were significant traffic delays and congestion on Reg. Rd. 20 and Conc. Rd. 10
during the 2013 Festival. These delays were primarily a function of an insufficient
number of ticket processing booths, insufficient number of processing gates at each toll
booth and the fact that the ticket scanners (for processing attendees' tickets) failed. The
Traffic Plan for the 2014 Festival has proposed two main General Admission toll booths
and a total of twenty -seven processing gates, as opposed to one main toll and six toll
booths last year. In addition, a new communications tower has been erected on the
Canadian Tire Mosport Park site, and a communications consultant, with back -up
communications equipment has been retained to ensure that no failure in ticket
processing will occur. It is anticipated that the combination of these measures will result
in a major improvement over last year in terms of congestion on Reg. Rd. 20 and impact
on local resident's access to private properties.
Engineering Staff have no objections with the proposed Official Plan amendments and
Zoning By -law amendments and have identified conditions to be implemented through
both site plan approval and the Special Events Permit to minimize impact to residents
on Murphy Rd., Longsault Rd. and Conc. Rd. 10 east of Hwy. 35. A dust control plan
for Conc. Rd. 10 from Hwy. 35 to Reg. Rd. 20 is also required.
A comprehensive signage plan to direct Festival attendees to the site will be required to
the satisfaction of the Director of Engineering Services together with Durham Regional
Police Services and Emergency Services.
REPORT NO.: PSD- 032 -14
9.3 Building Division
PAGE 17
The Building Division has no concerns with the applications. Building permits are
required for any proposed buildings as per the Ontario Building Code.
9.4 Operations
Entrance permits will be required from Clarington and Durham Region for the proposed
new entrances on Concession Road 10 and Regional Road 20.
10. DISCUSSION
10.1 The applications filed by Republic Live and 1829963 Ontario Inc. are largely intended to
address the transportation- related issues which were evident at the 2013 Boots and
Hearts Music Festival. In addition, it provides for approximately 2,000 additional
camping spots which has been a response to the demand expressed by Festival goers.
Resolving the Festival's traffic problems will greatly diminish the impact on local
residents, the frustration of festival goers and the general reputation of the Festival and
the Municipality.
10.2 CTMP is an established facility with zoning for a motor vehicle race track, agricultural
fairground and music festivals. CTMP has an area of approximately 290 hectares,
however approximately two - thirds of the site is protected as a significant woodland
feature and unavailable for the camping, parking or other proposed uses. CTMP 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 policies for the
establishment and expansion of such uses.
10.3 Area Residents have raised numerous concerns regarding the applications, some of
which are significant and others which are minor. These are outlined in Attachment 3.
Furthermore, many of the issues are related to the management of the event, which is a
matter for the Special Events Permit. The land use issues related to the applications
are largely limited to the following:
• Economic impact on the community
• Impacts on the Transportation Network
• Agricultural Impacts
• Environmental Impacts
Even though a lot of the other resident issues are event management issues, staff and
Republic Live have provided preliminary responses which are contained in Attachment
3. Should the official plan and zoning by -law amendments be approved, the following
responses may be refined as the festival planning process is finalized.
10.4 Economic Impacts
A goal of the Official Plan is to encourage the growth of recreational and tourism
opportunities. As a result, the Plan promotes the development of new tourism and
recreational opportunities including venues for arts and entertainment activities. The
Canadian Tire Motorsport Park is a designated Tourism Node in the Official Plan.
REPORT NO.: PSD- 032 -14
PAGE 18
Republic Live indicates that in three years, the Boots and Hearts Music Festival has
grown to be Canada's largest country music festival and the second largest in North
America. With this success and the media reports, comes tremendous benefits that
provides recognition for the Municipality, something that has been hard to do over the
years.
Based on The Ontario Ministry of Tourism & Culture's Tourism Regional Economic
Impact Model ( "TREIM ") Republic Live estimates that in 2013 Boots and Hearts
contributed $6.8 M to the regional economy, in terms of Gross Domestic Product,
employment and taxes generated. The 2014 Festival will be approximately 25% larger,
presumably yielding an $8.5 M contribution to the regional economy.
Republic Live worked with as many local suppliers as possible for Boots and Hearts.
Combined with rental of land and payment of Regional EMS and Police, their
investment exceeded $1.2 million in 2013.
For the 2013 Festival, exit surveys found that the Festival was a major tourist draw to
the community. The majority of attendees (52 %) traveled from greater than a hundred
km. and 27% travelled between 41 and 100 km. Less than 21 % were local, which was
defined as within 40 km.
The Boots and Hearts Festival supports the Ontario government's goal to make the
province a success in the cultural sector, which includes live music. To this end,
Ontario has provided grants to support the live music under the Ontario Music Fund.
Republic Live received the maximum amount available, in recognition of the significant
economic and cultural impact of the Boots and Hearts Festival.
10.5 Transportation Impacts
Last year's festival created many issues in terms of traffic on Regional Road 20 and
Concession Road 10. These delays were primarily a function of inadequate ticket
processing facilities, and a failure in the ticket scanning process.
Following the 2013 event, and in order to support additional lands for camping /parking,
Republic Live retained Stantec to prepare a Traffic Management Plan for the expanding
event. The Stantec report is summarized in Attachment 5. The Stantec report found that
the additional volume demands generated by the festival should be able to be
accommodated within the basic capacity of the road network. The report recognizes the
potential for queuing and over - capacity at certain points and times, which highlights the
need to provide efficient traffic control and efficient ticket processing within the site.
Building on the work of Stantec, Republic Live retained Creighton Manning, who have
experience in special event transportation planning. The Creighton Manning report is
also summarized in Attachment 4 and 5. However, the majority of the
recommendations relate to the special event permit as opposed to the applications for
Official Plan Amendment and Zoning By -law Amendment.
A key recommendation of the Creighton Manning report proposes two main General
Admission toll booths for camping with twenty -seven processing gates for the 2014
event. Day parking is proposed to be separated (Dobson parcel) with additional ticket
stations for processing an estimated 4,000 vehicles per day. Furthermore, shuttle
REPORT NO.: PSD- 032 -14
PAGE 19
buses will be used to transport approximately 2,000 people to the festival from hotels
reserved by Republic Live for festival attendees. Hotel locations stretch from Ajax to
Cobourg and north to Peterborough. As well, the new communications tower on the
Canadian Tire Mosport Park lands and an experienced communications consultant with
back -up communications equipment has been retained to ensure that no failure in ticket
processing will occur. These measures will result in a major improvement over last year
in terms of congestion on Regional Road. 20.
Two options for access to the Rondeau lands have been proposed:
• Access via the unopened road allowance between Lots 2 and 3, just west of
licensed aggregate area; or
• Access through the licensed aggregate area.
The preferred access from a traffic perspective is through the licensed aggregate area.
The application for the Rondeau lands has been modified to not include any camping on
the licensed area, however this area is proposed to be used for a driveway access from
Regional Road 20 to the camping area on the southern portion of the site. No change in
zoning is recommended for the licensed portion of the Rondeau lands. The Ministry of
Natural Resources will allow a temporary access road through the licensed area for the
2014 event only, subject to conditions. These options will require further details and
review for the 2014 event. Staff are satisfied that resolving access to the Rondeau lands
can be dealt with through site plan approval and the special event permit and that this
will not impact traffic management.
As reviewed under the Engineering Services Department comments in Section 9.2, staff
have identified conditions to be implemented through both site plan approval and the
Special Events Permit to minimize impacts to area residents, including ensuring access
to for individual resident to their properties, providing a signage plan, erecting barriers,
and submission of dust control plan.
While the final details of the Transportation Safety Plan for the Special Event Permit
have not yet been approved, the commenting agencies such as Ministry of
Transportation Ontario, Durham Regional Police Services, Durham EMS, Region of
Durham Works and Clarington Engineering and Emergency and Fire Services have no
objections to the changes in land use. The Transportation Safety Plan will be finalized
and approved through the site plan and special events permitting process. A Holding (H)
symbol is recommended as part of the zoning approval until staff and Council are
satisfied all conditions have been satisfied.
10.6 Environmental lmpacts
10.6.1 Many concerns raised are related to environmental impacts. The sites are located on
the Oak Ridges Moraine and are also protected by many planning policies.
Contamination from Motor Vehicle Fluids
10.6.2 Given the location of the sites on the Oak Ridges Moraine and in an Area of High
Aquifer Vulnerability, residents expressed concerns that the parking area which could
contain over 7,000 cars could be an environmental hazard.
REPORT NO.: PSD- 032 -14 PAGE 20
In reviewing this issue, staff first examined the risk. It may appear that 7000 cars would
present a major risk. However, that risk is the equivalent of 29 homes with two cars on
an annual basis. Considering the risk equivalent for farms, it would be much fewer
because of the amount of equipment stored on farms and farm equipment being fueled
on site.
10.6.3 Staff also reviewed this issue with staff at GRCA. The GRCA hydrogeologist confirmed
there would be little risk of impacts to groundwater as the risk of significant release of
contaminants is small.
10.6.4 Oakridges Environmental was asked to address these concerns. The applicant has
submitted an addendum to the Natural Heritage Evaluation (May 9, 2014) to address
measures to mitigate potential spills and contamination. Implementation of the following
measures is related to the Site Plan Application and the Special Events Permit.
Signs shall be posted at the entranceway to the event indicating that the parking
area is within the Oak Ridges Moraine and is, therefore, sensitive to any
contamination by leaking vehicles. Consequently, if a vehicle is determined to
be leaking, it may be towed at the owner's expense.
Event staff walking the parking area should be cognizant of any leaking vehicles
in the parking area and have available on -site absorbent mats and /or
vermiculite to soak -up any potential contaminants. The absorbent materials
should be applied beneath any vehicle observed to be leaking fluids. A warning
should be left on the owner's windshield informing them that when they return to
the vehicle, they must have the vehicle repaired or remove it from the site, or
else risk being towed.
• If a leaking vehicle goes unchecked and staining is observed on the ground
surface after the event, the event coordinators will be responsible for obtaining
the services of a Qualified Person to oversee any clean -up on -site. Any
contaminated soil material must be disposed of at an approved waste facility.
10.6.5 Comments specific to the Dobson parcel were raised regarding the potential for parked
cars leaking fuels /fluids, and contaminating ground /surface water. Residents also
highlighted that there were previous wells /test holes on the Dobson site and questioned
whether these were decommissioned properly.
10.6.6 Increased Contamination Risk due to Improperly Decommissioned Boreholes
Residents expressed concerns that there were wells installed on the property that
were not properly decommissioned, which would provide a pathway to the aquifer.
10.6.7 Planning staff have contacted Holcim (Canada) Inc., previous owners of the Dobson
lands, as well as the consultants that were involved in previous investigations to
establish an aggregate operation on the subject lands. From the information gathered it
appears that 19 test pits were dug and six boreholes were drilled on the property. The
test pits were dug throughout the property generally to a depth of 3 to 5 m and filled
back in afterwards. Their primary purpose was to determine the depth of overburden
above the aggregate. The six boreholes were drilled one generally in each corner of the
field, one at the southwest edge of the woodlot and one generally in the middle of the
REPORT NO.: PSD- 032 -14
PAGE 21
frontage along Regional Road 20. The boreholes varied in depth from 25.5 metres to
53 metres. The logs from the hydrogeologist indicated all the bore holes ended in fine
sand and there was no water in any of the holes. Holcim advised that the practice is to
refill the boreholes with the material extracted. There were no ground monitoring wells
installed.
The consultant for Dufferin at the time, now Holcim, advised that groundwater
monitoring wells in Ontario are designed with a bentonite seal near the ground surface,
specifically for the purpose of preventing them from becoming a pathway for
contaminants.
10.6.8 From all the available information, it would appear that no monitoring wells were
installed and improperly capped. The six boreholes that were drilled appear to have
been back - filled in according to industry standards. Regardless, being located at the
corners of the site, within the woodlot buffer or at the very north end, for the most part,
the boreholes are located outside of the parking area.
10.6.9 High Aquifer Vulnerability Areas are not to be used for the storage of hazardous waste
or liquid industrial waste. There are no permanent buildings or structures constructed
as a result of these applications, and the parking of cars and the temporary placement
of portable washrooms would not be contrary to the policies.
10.6.10 Fill on the Rondeau Lands
The Phase 1 Environmental Site Assessment for the 1829963 Ontario Inc. lands
indicates a portion of the site operated as an illegal commercial fill site in early 2012.
The soils report identify the fill as clean however a visual inspection of the fill area has
identified glass, brick and other rubble that would not be appropriate for camping or
farming. Further, due to the placement of fill, there are significant differences in grade
between the original farm field and the pile of fill.
Staff recommends that the fill placed on the site remain untouched during the 2014
event and be fenced off from use. Staff recommend removal of the (H) Holding
symbol not occur until the fill and grading of this portion of the site is resolved.
Ultimately, the owner will be required to remove this material or obtain approval to use
the fill to smooth out portions of the gravel pit.
10.6.11 Impact on Natural Heritage System
The submitted Natural Heritage Evaluations for the 1829963 Ontario Inc. and Dobson
parcels are reviewed in Attachment 4 and Attachment 5, respectively. The evaluations
support the use of the lands for camping /parking on the 1829963 Ontario Inc. lands
and parking and shuttle busses only on the Dobson lands subject to following and
implementing the recommendations contained therein.
As a condition of site plan approval and prior to signing off on the special event permit
for any subsequent year(s), Planning Staff will require the submission of an
Environmental Monitoring report prepared by Republic Live's Environmental
Consultant which will be completed within 6 weeks after the event closes and will
assess the following:
REPORT NO.: PSD- 032 -14
Effectiveness of mitigation measures contained in the natural heritage
evaluations (including signage, fencing, etc.)
Success of garbage /recycling program
Impact to agricultural fields — inspection for garbage, spills etc.
PAGE 22
The recommendations of the Natural Heritage Evaluations will be implemented
through the proposed temporary use by -laws and site plan applications. The temporary
use by -laws require a minimum 15 metre setback to the significant woodlands on the
Rondeau parcel (consistent with the approach on the Darclarke parcel) and a minimum
of 30 metre setback to the woodlands on the Dobson parcel. Further discussion on the
site plan approval is included in Section 10.11.
Implementation of these recommendations are outside the scope of the Special Event
By -law and permit process however Planning will coordinate with the Clerks
Department to ensure these recommendations are fully implemented through Site Plan
Approval and the Director of Planning Services should be involved in signing off on the
Special Event permit on an annual basis.
10.7 Agricultural Impacts
10.7.1 Staff and the public are concerned about impacts on the land from an agricultural
perspective if they are used for parking and camping associated with Boots and
Hearts. It is imperative that the land continue to be useful for agriculture in light of the
applications. Site alteration is generally discouraged and must not be detrimental to
the continued agricultural use of the lands. It is recognized that some access lanes
and isolated, minor grading will be needed. Temporary use by -laws will ensure that
the zoning will revert to Agricultural (A) in the case that the temporary by -laws are not
renewed at the end of the permitted period.
10.7.2 Maintaining dependable access through and around the land is critical to the success
of the event. Staff appreciate that the location, quantity, type and width of access
lanes to be installed in the camping and parking fields can have a negative effect on
the viability of the land for farming if careful consideration is not given. Through the
Site Plan Approval process, staff will work with the applicant and solicit input from the
farmers who crop the land to determine the most suitable location for the lanes and the
quantity of them as well as type of material to ensure the lanes are useable in wet
weather.
10.7.3 Timing the use of this farmland for camping and parking is crucial in the effort to
maintain the agricultural viability of the land. While the use of the land for non-
agricultural purposes does limit the range of crops that can be grown, there are many
crops that can mature and be harvested each year in advance of the Civic Holiday
weekend when the Boots and Hearts Music Festival is held. It is very important that
the event not be held any earlier in the summer than this weekend, that setup for the
event not commence until as close to the opening date as possible and after the
farmer has removed the crop.
REPORT NO.: PSD- 032 -14
PAGE 23
10.7.4 The waste /recycling program (Section 11.7.2) and mitigation plan for spills (11.7.3) will
assist in protecting the lands for agriculture. Requiring an Environmental Monitoring
report prepared by Republic Live's Environmental Consultant (Section 11.7.5) will
highlight any subsequent impacts to the agricultural fields and can be targeted for
improvement in subsequent years.
10.8 Site Plan issues
10.8.1 Site plan applications have been submitted concurrently with the proposed Official
Plan and Zoning By -law Amendments for both the 1829963 Ontario Inc. and Dobson
parcels. SPA 2014 -005 is one site plan application for both the Darclarke and 1829963
Ontario Inc. parcels. SPA 2014 -0006 relates to the Dobson parcel.
10.8.2 Staff and commenting agencies are undergoing a detailed site plan review of the
proposals and are considering the following:
• adequate and safe access from local and regional roads consistent with the
transportation plan for the event;
• adequate and safe access to campsite /parking areas for emergency vehicles,
service vehicles and attendees;
• providing appropriate setbacks to natural heritage features;
• providing appropriate setbacks to adjacent private residential properties
• servicing the site with temporary washrooms, hand washing stations, and
garbage and recycling facilities;
• identifying emergency /medical posts on plan
• ensuring adequate lighting for safety purposes, without negatively impacting
adjacent natural heritage features, private residences, agricultural operations
and municipal roadways
10.8.3 Improving any of the lanes within the campground /parking areas with gravel or any
other material will be reviewed with the applicant and farmer to minimize agricultural
impacts as also detailed in the section pertaining to Agricultural impacts Section
10.10.
10.8.4 Staff will encourage any high use areas such as washrooms and garbage facilities,
bus pickup and drop -off areas, be further setback from private residences to avoid
the potential for noise complaints and nuisances.
10.8.5 Early arrivals to the event sites must be deterred. Ticketholders that arrive early may
impact setup for the event. They could potentially be on -site prior to all support staff
being in place and prior to inspections being completed. This concern has been
relayed to Republic Live Inc. and will be addressed in the Communication Plan for
ticketholders prior to issuance of the Special Event Permit. Early arrivals will be
directed back to Bowmanville.
10.8.6 Similarly, the authorized use of the Dobson site must be communicated as well. This
site is recommended for offsite parking only and not camping and /or tailgate parties.
REPORT NO.: PSD- 032 -14
10.8.7 Special conditions of approval for the site plan will require the following:
PAGE 24
• Submission of a communication plan for ticketholders that will address:
• Communicating the travel plan /travel routes
• Prohibiting walking on Concession Road 10
• Deterring early arrivals
• Implementation of the recommendations of the natural heritage evaluation
• Way finding on site
• Fencing of licensed aggregate area — 1.8 metre security fencing
• Fencing of significant woodlands and buffer areas — 1.2 metre snow fencing
• Fencing of private residences — 1.8 metre security fencing
• On -site signage plan to identify woodlands and private property and to
discourage trespass into these sensitive areas
• Temporary marking campsites /lanes /stalls with a product that is not harmful to
the environment and groundwater
• Submission of a monitoring report to assess impact to key natural heritage
features and agricultural lands following the event and effectiveness of
mitigation techniques and cleanup programs
10.8.8 The conditions will also ensure some flexibility and recognize that the interior site
layout can be modified through future Special Event Permits, without amendment to
the Site Plan, subject to the approval of the Director of Planning Services.
10.8.9 Planning Staff would not be in a position to sign off on the Special Event Permit until
all site plan matters are addressed to the satisfaction of the Director of Planning
Services
10.9 Recommended Amendments to the Clarington Official Plan and the Zoning By -law
10.9.1 Proposed Clarington Official Plan amendments for the Rondeau and Dobson parcels
are included as Attachments 6 and 8, respectively.
10.9.2 Approval for these temporary uses must be consistent with the Special Events By -law
for events on private property.
10.9.3 Under the provisions of the Clarington Official Plan, the land use boundaries shown in
the Official Plan can be further defined provided it meets the intent of the Plan. The
proposed Zoning By -law amendment provides for an alignment that is more
consistent with the boundaries of the Natural Heritage system.
10.9.4 The rezoning applications request permanent zoning to allow camping and ancillary
uses in association with the music festival on the 1829963 Ontario Inc. property and
parking and ancillary uses on the Dobson property for the Boots and Hearts Music
Festival only. At the present time, CTMP has no plans that would require the use of
these lands for race events.
10.9.5 The Boots and Hearts Music Festival is an evolving event which has grown from its
inception two years ago. There should be opportunity for Council to review the
negative and positive impacts as the festival evolves, particularly since some of the
operational issues can negatively impact surrounding neighbours unless the event is
REPORT NO.: PSD- 032 -14
PAGE 25
managed well. For this reason, it is recommended that only a temporary zoning be
enacted for a three year period. Should the festival either outgrow this site or no
longer be held, upon the expiration of the zoning by -law, the lands could continue to
be used for agricultural. In the future, the temporary use zoning could be further
extended by Council or a permanent zoning be established.
10.9.6 The proposed zoning by -laws contain provisions that would limit the use of the sites
for camping and parking for the period between July 15 and August 15 of each year.
In addition, vehicle parking would be permitted from July 15th to August 15th of each
year. This would effectively limit the camping use for the Boots and Hearts music
festival. The time restriction is proposed to allow for agricultural uses to continue
outside of the festival period.
10.9.7 It is recommended that the (H) Holding symbol be applied. The (H) Holding symbol
can be lifted once the site plan process is completed, including resolution of all site
layout issues and an agreement being signed between the property owners, the
event organizers and the Municipality. For the subject lands to be used this year, the
Holding symbol must be lifted at or before the Council meeting on July 7, 2014. It is
unlikely that the Holding symbol will be lifted in time for the festival this year from the
area of the 1829963 Ontario Inc. property that had fill illegally dumped on it in 2012.
The issue of what to do with this fill is likely to take several months to fully resolve.
11. CONCURRENCE — Not Applicable
12. CONCLUSION
12.1 In consideration of the findings of all supporting studies, comments received from
circulated agencies and area residents, and based on review of the proposal, staff
recommend that the proposed Clarington Official Plan Amendments 98 and 99
(Attachments 6 and 8) and Temporary Use By -laws (Attachments 7 and 9) be approved.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Mitch Morawetz, Planner I
Attachments:
Attachment 1 — 1829963 Ontario Inc. Preliminary Site Plan
Attachment 1A — 1829963 Ontario Inc. /Darclarke and west part of CTMP Lands Preliminary
Inc.
Site Plan
Attachment 2
— Republic Live Preliminary Site Plan
Attachment 3
— Operational Issues Identified by Residents
Attachment 4
— Summary of Supporting Studies — 1829963 Ontario
Attachment 5
— Summary of Supporting Studies — Dobson
Attachment 6
— 1829963 Ontario Inc. Official Plan Amendment No.
Attachment 7
— 1829962 Ontario Inc. Adopting By -law for OPA 98
Attachment 8
— Republic Live Inc. Official Plan Amendment No. 99
Attachment 9
— Republic Live Inc. Adopting By -law for OPA 99
Attachment 10
— 1829963 Ontario Inc. Temporary Use Zoning By -law
Attachment 11
— Republic Live Inc. Temporary Use Zoning By -law
Inc.
REPORT NO.: PSD- 032 -14
List of interested parties to be advised of Council's decision:
Republic Live Inc.
Jeffrey and Nancy Dobson
1829963 Ontario Inc.
Valerie Cranmer, Valerie Cranmer & Associates
Carolyn Molinari
Leslie Kerrigan
Barbara Breau
Brent Moxam
Ryan Sutcliffe
Adam Walker
Mark Grimsditch
Luc and Barbara Breau
Rob & Angie Stone
Brent & Lori -Ann Gervais
Hilda & Jim Cochrane
Kate Sperry
Barb Maddox
Tara & Chris Borchuk
Will Cunningham
Lois & Alan Wilson
Morgan Walby & Mike Bradley
Jeff Ralston
G. S. Graham
Diane Jackson
Denise & Allan Burns
Kevin Anyan
Shannon McNevan
Chris Paterson
Lino Malito
Myles Brandt
Ron and Brenda Metcalf
Steve Fracz
Jean & Doug Park
Rob Whitehead
Garry Niece
Tricia Hebert
Justin Oliver
Mark & Marilyn Osborn
Rick James
Brad Black
Arnold Geisberger
PAGE 26
ATTACHMENT 1
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ATTACHMENT 3
TO REPORT PSD- 032 -14
Issue
Response
Inadequate garbage
Republic Live has contracted the services of Canada Junk to
collection and
facilitate all of the garbage and recycling management onsite at
recycling
Boots and Hearts. Canada Junk is a company with extensive
experience in festival trash management and has worked with
festivals of all shapes and sizes, including event promoter's AEG
live. In 2013 Canada Junk was also an integral part of the post event
cleanup efforts on the CTMP grounds after the volunteer group did
not return following completion of the music. For 2014 Canada Junk
has developed a management plan that includes a staffing and
recycling program that is scaled to the number of festival attendees'
onsite as well as receptacle and recycling bin placement/emptying
and 24 -hour onsite presence. In addition to Canada Junk, Republic
Live has also spent $100,000 on the purchase of 2 Litter Picker
machines fabricated by H- Barber. These machines are pulled
behind a tractor and are capable of cleaning fields at a rate of 15
acres per hour, picking up objects as small as bottle caps up to full
garbage bags. These pickers will be used during and post festival.
Neighbourhood
Residents have asked that the festival organizers place security
security
personnel in areas throughout the surrounding neighbourhood and
in front of housing clusters. This is an issue that would be
addressed through the Special Events Permit. Prior to the event,
the Municipality will ensure signage at the entrance to dead end
roads in the area will have "No Exit" signs posted on either side of
the entrance to each road. Through the Special Event permit partial
barricades can be set up to restrict access to dead -end roads and
deter non -local traffic from entering. A security deposit of up to
$30,000 will be collected under special events by -law as security for
possible damage to Municipal property or adjacent private property
and to ensure compliance with the permit holder's obligations under
the Special Events By -law and permit.
Trespass from Festival
Residents nearby the event are concerned that their rights are being
Goers
compromised as festival goers have been known to trespass on
private property in the area surrounding the festival. They are
worried about their liability for injuries or loss of life that could occur
while trespassing occurs on their property. It is strongly suggested
that property owners post "No Trespassing" signs on their property.
In addition, any resident feeling threatened from festival goers or
otherwise are encouraged to call 911.
Drinking and Driving
Residents have expressed concerns about drinking and driving
since alcohol is readily available at the festival and there are
thousands of attendees leaving the festival after the concert each
day. The festival organizers have indicated that a RIDE program will
be in place with sobriety checkpoints surrounding the event. They
also have a no key policy for those who are camping on the festival
grounds so that campers are not tempted to drive around the festival
site, particularly after they have been drinking.
Walking on
There is concern that festival goers will walk back to the day parking
Concession Road 10
area at the end of the show rather than wait for a shuttle bus. Part
between parking area
of the reason for keeping the off -site parking at a distance
and festival site rather
(approximately 4 kilometers) is to provide a strong disincentive for
than waiting for shuttle
festival goers to walk between properties. Security and Durham
bus
Region Police at the perimeter of the CTMP lands will be alerted to
be watchful of attendees attempting to leave the properties on foot
and direct them to the designated shuttle bus areas.
Illegal parking on the
Parking on local roads is permitted for a period of up to three hours
side of the road by
at a time unless signage is posted stating otherwise. Parking is not
festival attendees
permitted on the local roads in the vicinity of the event between 3
am and 5 am. Parking Enforcement can ticket any vehicle not
complying with the applicable by -law.
Communication
Planning staff have reviewed Republic Live's Neighbour Relations
between Republic Live
Summary Report from 2013, and the preliminary plan for 2014. Staff
and neighbouring
recommend that notification of an annual Neighbour Information
residents
Session be provided as follows:
• all residents within 120 metres of any property and shuttle
route used for the festival, and
• all residents living along Regional Road 20 between Highway
57 and Highway 35, and along the dead end roads (Long Sault
Road, Murphy Road, Concession Road 10).
Staff understand there will be a dedicated Neighbour Relations
Liaison team member on -site for 2014. This person will be reporting
to the Director of Public Relations and will be the sole point of
contact for all neighbours on -site. Contact information must be
provided as soon as possible but no later than the scheduled
Neighbourhood Information Session.
On May 1, 2014 an invitation was issued for a Neighbour
Information Session at CTMP on Wednesday, June 18, 2014 at 6:30
pm. In addition, Republic Live has scheduled a meeting on May 21,
2014, with residents to review concerns about the offsite parking
proposal.
Once the traffic plan is fully finalized, communication is being
planned through advertisements in local publications in July, as well
as on the Boots and Hearts website.
As part of the Special Event permit going forward, the Municipal
Clerk will require a Communication Plan for Residents on an annual
basis. This communication plan for future Boots and Hearts events
shall include:
• Notification procedure for the event, including a Neighbour
Information Session to be held no later than May 30th
• Outline and format of Neighbour Information Session
• Provision of an on -site Neighbour Relations Liaison team
member with contact information relayed to all residents within
the approved notification area
Communication with
It is important that municipal staff have an opportunity to review
festival attendees
Republic Live's communication plan to ticket holders. This
communication plan will assist in relaying important information to
ticket holders that will assist in their travel plans and ensure that
lands are used in the appropriate manner, according to the
approvals requested by Republic Live.
As part of the Special Event permit going forward, the Municipal
Clerk should require a Communication Plan for Ticketholders on an
annual basis. This communication plan for future Boots and Hearts
events shall include:
• Implementation of the recommendations of the Natural
Heritage Evaluations
• Communication of the approved traffic plan and event logistics
• Deterring early arrivals
• Communication of security /grounds for eviction items, including
prohibiting walking on Concession Road 10 between event and
parking lot
• Way- finding on site to ensure proper reporting /location of
emergencies
Impact on Blue Birds
Residents also noted a possible concern the use of the Dobson
lands as a parking lot may have on the blue birds nesting along the
unopened road allowance abutting the west property line of the
property. The unopened road allowance has had numerous blue
bird boxes installed along fence posts and has been named Blue
Bird Lane. Discussions with staff at the conservation authority have
confirmed that typical bird breeding season runs to July 31,
therefore the use of the property for parking would be at the end of a
typical breeding and nesting season. Vehicles currently have some
impact on the area through the abutting Regional Road 20 and
Concession Road 10. Although there is no legislative requirements,
through the site plan approval a 20 metre buffer from the west
property line is proposed.
ATTACHMENT
TO REPORT PSD- 032 -14
SUMMARY OF SUPPORTING STUDIES — 3061 REGIONAL ROAD 20
Planningq Justification Report, CM Planninq, January 2014
The Planning Justification Report finds the development of the subject property for
unserviced camping is a reasonable, logical and appropriate final step in the
rehabilitation and subsequent use of the property and represents good land use
planning.
The development was assessed in the context of the Provincial Policy Statement (PPS)
2014, Growth Plan for the Greater Golden Horseshoe, Oak Ridges Moraine
Conservation Plan (ORMCP), Durham Regional Official Plan and the Clarington Official
Plan.
The report finds the applications to be:
consistent with the policies of the Provincial Policy Statement (PPS) 2014. The
proposed use is a recreational based activity; will avoid the need for expansion of
infrastructure; complies with the minimum distance separation formulae; will be
compatible with the rural landscape; can be sustained by the rural service levels;
and promotes recreational and tourism opportunities. The proposed use
optimizes the long -term use of the land by providing an opportunity for
sustainable tourism development.
The proposed use will protect the natural features on the property from
development and use for the long term. The proposed use will maintain the
diversity and connectivity of natural features on the property with surrounding
features as the natural linkage areas, including the significant woodlot, will be
maintained in their existing natural state. The ecological function of the lands
adjacent to the natural heritage features has been evaluated in the Scoped
Natural Heritage Evaluation prepared by Oakridge Environmental Limited. It was
determined that "the proposed uses can be accommodated by the site while
protecting this feature [the significant woodland] by implementing a series of fairly
simple mitigation measures ".
The aggregate use on the property will be rehabilitated to the satisfaction of the
appropriate authorities.
• consistent with the Growth Plan. The proposed use is permitted in rural areas
and is related to the use of resource -based recreational activities and rural land
uses that cannot be located in settlement areas.
• in conformity with the Oak Ridges Moraine Conservation Plan (ORMCP) as
the proposed development is similar to a low- intensity recreational use. There will
be no impediment to the movement of plans and animals in key natural heritage
features or the minimum vegetation protection zone as there will be no
permanent change in use or buildings and any site alteration would be minimal to
nil. The Natural Heritage Evaluation fins that proposed uses can be
accommodated while protecting the significant woodland by implementing
mitigation measures as part of the development
in conformity to the provisions of the Durham Regional Official Plan (DROP).
The existing aggregate extraction use is to be surrendered as part of the
proposed development plan in conformity with the relevant policies in the DROP.
The surrender of the pit license and the subsequent removal of the Aggregate
Resource Extraction Area designation from the schedules of the DROP will not
require an amendment to the DROP. The proposed development has been
deemed to conform with the ORMCP and therefore can be considered under the
DROP. The proposed use is permitted in both the Natural Linkage Areas and the
Countryside Areas designations as a low- intensity recreational use which is
undefined in the DROP but which is described, in part, in Section 37 of the
ORMCP as including but not limited to unserviced camping on public and
institutional land. It is determined that unserviced camping on private land would
be a permitted use as it is the same or similar in the use of the land even though
not in the form of ownership of the land. The proposed use, as a 'minor
recreational use', is permitted in key natural heritage features including any
associated vegetation protection zone. Minor recreational uses is undefined in
the DROP, however, as the DROP conforms to the ORMCP, it is determined that
the proposed use would be considered similar to low- intensity recreational use as
defined in the ORMCP to include unserviced camping as qualified above. A
natural heritage study has been undertaken for the property.
in conformity to the provisions of the Municipality of Clarington Official Plan
(COP). The development of the land for unserviced camping would require an
Official Plan Amendment to redesignate the property from `General Agricultural
Area' to 'Green Space' with the addition of Low Intensity Recreation as a
permitted use. A proposed Official Plan Amendment in support of a redesignation
to `Green Space' is included as Appendix A. The proposed redesignation to
'Green Space' is supported by the Municipality's Official Plan Review -
Countryside Discussion Paper which, on Figure 6 Map Al (Darlington) Land Use,
proposes the redesignation of the property to `Green Space'. As part of the
Official Plan Review, a submission in support of the proposed designation of
`Green Space' as it relates to the subject property was made to the Municipality
on September 26, 2013. A copy of the submission letter is included as Appendix
B. The proposed use is permitted in both the Environmental Protection Area and
the Natural Linkage Area designations and in the Natural Heritage Feature on the
property as a low- intensity recreational use which is defined in the COP (as in the
ORMCP) as including but not limited to unserviced camping on public and
institutional land. It is determined that unserviced camping on private land would
be a permitted use as it is identical in the use of the land even though not in the
form of ownership of the land.
The existing aggregate extraction use is to be surrendered as part of the
proposed development plan in conformity with the relevant policies in the COP.
A natural heritage evaluation has been completed for the property by Oakridge
Environmental Limited which concludes that the proposed uses can be
accommodated by the site while protecting the Significant Woodland by
implementing a series of fairly simple mitigation measures which will be
implemented as part of the development.
A draft temporary use by -law was attached to the report which would permit the use for
a period of up to three years.
The report finds that with approval of the Official Plan Amendment and Zoning By -law
Amendment in place, the development will be in conformity with all applicable land use
planning policies.
Natural Heritage Evaluation, Oakridge Environmental Ltd., February 2014
The report finds that the proposed uses can be accommodated by the site while
protecting the Significant Woodland, a key natural heritage feature, by implementing a
series of fairly simple mitigation measures. The report includes the following
recommendations:
• A 30 metre limited use setback from the Significant Woodland, Key Natural
Heritage Feature;
• Within the 30 metre setback activities be limited to tent camping only, no
campfires, use of generators prohibited, portable privies located outside of
setback, no motorized vehicles and only low watted lighting used and directed
toward the ground;
• Appropriate signage should be posted to educate patrons regarding the
restrictions in limited use areas;
• Signage should be installed along the forest edge to prevent entry into the
significant
Woodland area;
• No camping to occur between May 1 and June 30;
• To mitigate any issues associated with litter and garbage associated with the
events, temporary signage and snow fencing should be installed along the
woodland edge to prevent litter from entering the forest during concert events;
• A recycling program should be instituted during the events;
• All incoming generators and fuel containers should be inspected upon entry.
Any damaged, leaking or otherwise unfit equipment or fuel containers much
not be allowed on the site. Periodic checks of sites with generators should be
conducted from time to time by the proponent to verify that equipment and
fuel containers are not leaking. In addition, the proponent should advise
patrons (upon entry), of the site's environmental sensitivity and the need to
properly handle fuels.and
• Proponent should advise patrons upon entry of the environmental sensitivity
of the site and the need to handle fuels appropriately.
The report discusses the previous placement of fill on the site. The fill could eventually
be relocated to the pit area, however, further approvals and soil testing would be
required.
The report also highlights the site's location in a Landform Conservation Area (Category
2) and site alteration is limited to 50% of the total site area or approximately 15.03
hectares, and that any impervious areas cannot exceed 20% of the total developable
area of the site.
Traffic Management Plan, Stantec, October 2013
The Stantec report was completed during consideration of approvals' for the Darclarke
parcel. The Traffic Management Plan (TMP) demonstrated that the surrounding road
network can accommodate the traffic generated by the music festival, including
camping; and operational improvements were presented in draft form.
The TMP contains many recommendations. Implementation of the plan includes
prioritization and feasibility of the suggested improvements, followed by implementation
of select improvements as a requisite for the 2014 festival and beyond.
The initial findings of the Traffic Management Plan were sufficient to support the Official
Plan Amendment and Rezoning for the Darclarke parcel. Implementation of the TMP is
part of the submitted Site Plan applications and Special Event Permit process in 2014
and beyond.
The report addresses issues that arose during the 2013 Festival. The conclusions
include:
• The combination of the volume of the arriving traffic and limited ticketing
processing capacity contributed to long delays for access and extensive
vehicular queuing on local area roadways;
• Sufficient roadway capacity should be available provided that intersection
operations and ticket processing at park gates are managed efficiently;
• The securing of lands adjacent to CTMP for camping purposes and temporary
vehicle staging to assist in managing queuing on the public road system
should assist in dispersing arriving traffic and reduce ticket processing time;
• The provision of pre -trip traveller information and the encouragement of
transportation demand management measures are important components of
the overall Traffic Management Plan;
• A number of road improvements have been identified that may be
implemented in the short term prior to the 2014 event and others that may be
considered for implementation at a later date;
A number of potential on -site improvements have also been identified, which
include enhancing vehicle queuing and storage within the site in proximity to
the gate access points and improving connectivity within the site;
A site traffic control plan has been developed to improve traffic operations
and safety on the local access roadways, and includes the use of Portable
Variable Message Signs, temporary conditions markers and signing, and
police point duty at key intersections; and
Traffic monitoring and surveillance during the event will assist in managing
traffic efficiently as well as gathering information for subsequent events.
The report recommends that:
• The rezoning and Official Plan amendment applications required to allow the
use of the identified adjacent lands for camping purposes be approved as it is
anticipated that this will facilitate improved traffic operation on the local area
roadways during the 2014 event;
• The Traffic Management Plan is discussed and refined over the next several
months through consultation between the Republic Live event planning team
and the various stakeholders including the road authorities, emergency
service providers and the general public;
• Efforts continue to enhance pre -trip traveller information, improve the
efficiency of ticket processing, and identify potential sites for off -site park and
shuttle service;
• The Municipality of Clarington, Republic Live and CTMP partner on making
the proposed pavement width improvements to Concession Road 10 between
Regional Road 20 and Mosport Road prior to the 2014 event;
• The Municipality of Clarington, Republic Live and CTMP discuss the logistics
and cost - sharing potential for improving the Regional Road 20 /Concession
Road 10 intersection with Durham Region as part of the Region's planned
2014 pavement rehabilitation contract for the section of Regional Road 20
from Liberty Street to approximately 1 kilometre west of the intersection with
Mosport Road; and
• Republic Live implements the final Traffic Management Plan and monitoring/
surveillance activities.
Transportation Plan, Creighton Manninq, March 2014, revised May 2014
The Transportation Plan prepared by Creighton Manning builds on the work of Stantec
and provides a detailed, operational traffic plan for the 2014 event. Creighton Manning
is a private consulting firm from Albany, New York, with experience in special event
transportation planning (Bonnaroo Music & Arts Festival, Tennessee). This report is in
draft form. The Municipality's Special Events By -law requires this plan to be approved
by the Director of Engineering Services prior to the issuance of the special event permit.
The report provides details on the event schedule, ticket holder and camping numbers,
proposed access, parking locations, and access routes.
The basic strategies of the transportation plan are:
• Maximize service rate by increasing processing lanes at tollbooths (26 lanes at
two tollbooths) compared to 7 last year, which can process between 700 and 800
vehicles per hour
• Minimizing the peak arrival demand by communicating gate opening times to
ticketholders
• Arrival routes are planned based on a postal code analysis of ticket holders.
Approximately 75% of attendees will arrive from the west and 25% from the east.
Multiple routes have been planned, separating General Admission traffic from
production and emergency response traffic
• Shuttles will be used to alleviate traffic congestion on site. The hotel shuttle
program and off -site parking lot will result in fewer vehicles to the main event site
Access to the site has been planned to separate the different groups to help distribute
traffic more evenly and to improve access for emergency vehicles, service staff,
municipal inspectors /staff and production vehicles.
Use of Mosport Rd. for various types of Festival access
The Traffic Plan proposes that Mosport Rd. from Reg. Rd. 20 to Conc. Rd. 8 will be
closed during the Boots & Hearts event except for:
• Mosport Rd. residents
• Emergency access (proposed)
• Access to VIP camping (anticipated to be low volume, early in the event)
• Production access (low volume)
• Municipal /DRPS /Emergency /EMS non - emergency access
Use of Conc. Rd. 10 during the Festival
The Traffic Plan proposes to close Conc. Rd. 10 from Hwy. 35 to Reg. Rd. 20 during the
Festival except for:
• Residents of Conc. Rd. 10
• Emergency access from the east (proposed)
• Shuttle buses from the Dobson lands to the Festival site
• General admission to Toll Booth 2 (from the west)
• VIP RV access to Gate 4 (anticipated to be low volume, early in the event)
• Production access (low volume)
The report also discusses resident access during the event. Residents will be provided
with identification to ensure the ability to travel through restricted areas /closed roads in
the proximity event.
While improved processing measures are in place, potential delays may be experienced
during peak arrival and exit times.
The report provides direction on how traveller information will be made available,
including traditional media, internet, social media and emails. A sign plan will also be
development. An FM radio band is available at Canadian Tire Motorsport Park and can
be utilized. Traffic control measures will be provided at key intersections and venue
access points.
Aggregate Reserve Assessment, Harrington McAvan Ltd., February 2013
The report concludes that a small quantity of suitable aggregate ( +/ -5,000 tonnes) is still
available for excavation on the northeast part of the site and should be removed. No
resources of economical value were identified in the undisturbed areas of the site (in the
upper 5 -6 metres) or below the existing pit floor. It is concluded that, with the 3:1 slopes
required for the rehabilitation of the pit and the reduced size of the excavated area, it is
not practical to excavate the floor to the maximum extraction depth shown on the site
plans. Furthermore, the report concludes that there are no suitable aggregate resources
on the remainder of the property to the south and an expansion of the license to the
south is not feasible at this time.
Phase l Environmental Site Assessment, Van Voorst Engineering Ltd., December 2013
The report notes that the site operated as a fill site in January 2012. Soil was delivered
to the site on January 13, 14, 15, 16, 17, 18 and 19, 2012. A total of approximately 832
triaxle dump truck loads were delivered to the site during the fill operation. The fill is
located centrally within the property along the western property boundary.
Fill delivered to the site originated at the Green for Life (GFL) facility on Toy Avenue in
Ajax, Ontario. Samples of the soil that were delivered to site were obtained by Geo-
logic Inc. and sent to AGAT Laboratories in Mississauga for analysis of metals,
inorganics, hybride forming metals, volatile organic compounds, petroleum
hydrocarbons and acid base neutral compounds. Copies of the Laboratory test results
available at the time of preparation of this letter report are included in Appendix E. A
review of the Laboratory test results available indicate that the soils met the
requirements of Ministry of the Environment Table 2 Site Condition Standards for
Residential, Parkland and Institutional land use.
The report states that the fill that has been placed on the site met and /or meets the
requirements of the Ministry of the Environment Table 2 Site Condition Standards for
Residential, Parkland and Institutional land use. The site is not currently involved with
any Potentially Contaminating Activities as defined in the Ministry of the Environment
regulations. The report concludes there are no potential environmental concerns evident
on the site, and there is no indication that a Phase 2 ESA should be required for any
portion of the lands.
ATTACHMENT 5
TO REPORT PSD- 032 -14
SUMMARY OF SUPPORTING STUDIES — 3730 CONCESSION ROAD 10
Planningg Justification Report, CM Planning, March 2014
The Planning Justification Report finds the development of the subject property for
temporary vehicle parking and associated uses is a reasonable use of the property and,
as a temporary and short -term use which does not affect the agricultural use of the
property, represents sound land use planning.
The development was assessed in the context of the Provincial Policy Statement (PPS)
2014, Growth Plan for the Greater Golden Horseshoe, Oak Ridges Moraine
Conservation Plan (ORMCP), Durham Regional Official Plan and the Clarington Official
Plan.
The report finds the applications to be:
consistent with the policies of the Provincial Policy Statement (PPS) 2014. The
proposed use promotes diversification of the economic base and provide for
sustainable and diversified tourism through supporting Canadian Tire Motorsport
Park. The proposed use promotes recreational and tourism opportunities and will
be compatible with the rural landscape and can be sustained by the rural service
levels. The use is appropriate to the infrastructure that is available. The proposed
use helps to support the rural economy and protects the continued agricultural
use of the land.
While the MDS separation requirement is not met (Barn 4 on east side of
Highway 35), it is unlikely that there will be an impact to the proposed use or an
impact to the agricultural use. There will be no impact on local farms and
agricultural production by the approval of the proposed redesignation and
rezoning, and the development complies with the intent of the MDS criteria. The
proposed use optimizes the long -term use of the land by providing an opportunity
to support sustainable tourism development while maintaining the continued
agricultural use.
The proposed use will protect the natural features on the property from
development and use for the long term. The proposed use will maintain the
diversity of natural features on the property as the significant woodlot will be
maintained in its existing natural state. The ecological function of the lands
adjacent to the natural heritage features has been evaluated in the Scoped
Natural Heritage Evaluation prepared by Oakridge Environmental Limited. It was
determined that "the proposed uses can be accommodated by the site while
protecting this feature [the significant woodland] by implementing a series of fairly
simple mitigation measures ".
• consistent with the Growth Plan. The proposed use is permitted in rural areas
and is related to the use of resource -based recreational activities and rural land
uses that cannot be located in settlement areas.
in conformity with the Oak Ridges Moraine Conservation Plan ( ORMCP) as
the proposed development is accessory to both low- intensity and major
recreational uses that are permitted in the Countryside Areas. It is determined
that the proposed use as an accessory use to Canadian Tire Motorsport Park is a
permitted use. There will be no impediment to the movement of plans and
animals in key natural heritage features or the minimum vegetation protection
zone as there will be no permanent change in use or buildings and any site
alteration would be minimal to nil. The Natural Heritage Evaluation fins that
proposed uses can be accommodated while protecting the significant woodland
by implementing mitigation measures as part of the development
in conformity to the provisions of the Durham Regional Official Plan (DROP).
The proposed development has been deemed to conform with the ORMCP and
therefore can be considered under the DROP. The proposed use is permitted in
the Countryside Areas designation as an accessory use. No development is
proposed within the key natural heritage feature or in the vegetation protection
zone. A natural heritage study has been undertaken for the property.
in conformity to the provisions of the Municipality of Caarington Official Plan
(COP). The development of the land is for vehicle parking, portable washrooms,
temporary ticket processing booths, queuing areas and a bus loading and
parking are (shuttle program). The proposed accessory uses to the Tourism
Node would require an Official Plan Amendment to redesignate the property from
`General Agricultural Area' to 'Green Space'. A proposed Official Plan
Amendment in support of a redesignation to 'Green Space' is included as
Appendix A. The proposed redesignation to `Green Space' is supported by the
Municipality's Official Plan Review - Countryside Discussion Paper which, on
Figure 7 Map Al (Darlington) Land Use, proposes the redesignation of the
property to 'Green Space'.
The proposed use conforms to the relevant policies as no development is
proposed within the Environmental Protection Area (Significant Woodland) or the
30 metre vegetation protection zone.
A natural heritage evaluation has been completed for the property by Oakridge
Environmental Limited which concludes that the proposed uses can be
accommodated by the site while protecting the Significant Woodland by
implementing a series of fairly simple mitigation measures which will be
implemented as part of the development.
A draft temporary use by -law was attached to the report which would permit the use for
a period of up to three years.
The report finds that with approval of the Official Plan Amendment and Zoning By -law
Amendment in place, the development will be in conformity with all applicable land use
planning policies.
Natural Heritage Evaluation, Oakridge Environmental Ltd., March 2014
The report finds that the proposed uses can be accommodated by the site while
protecting the Significant Woodland, a key natural heritage feature, by implementing a
series of fairly simple mitigation measures. The report includes the following
recommendations:
• A 30 metre limited use setback from the Significant Woodland, Key Natural
Heritage Feature, which includes a 25 metre setback radius applied to the
identified Butternut tree
• Within the 30 metre setback, the following restrictions should apply:
- No vehicle parking, equipment storage or electrical generator use
allowed;
- To reduce the potential for grass or forest fires, the operator should be
equipped with extinguishers in the event a cigarette ignites any
grasslands. It may be beneficial to assign designated areas that have
portable extinguishers.
- Absolutely no campfires allowed (consistent with existing event
policies).
- Signs should direct pedestrian all traffic (vehicle and pedestrian)
around the forest. A pedestrian trail should be established within the
first 3 m of the outer edge of the 30 m setback margin (i.e., trail
between 27 and 30 m mark). Stakes and /or signs should be installed to
direct/contain the foot traffic.
- Pedestrian traffic would represent a passive use.
- No motorized vehicles be allowed; and,
- Lighting should not be directed toward the woodland areas.
- Event security staff should check periodically to enforce these
restrictions.
• Appropriate signage should be posted to educate patrons regarding the
restrictions in limited use areas; .
• Signage should be installed along the forest edge to prevent entry into the
significant
Woodland area;
• No parking to occur between May 1 and June 30;
• Certain avians are very sensitive to light, therefore, outdoor lights (low
wattage) should be directed away from the woodland communities and
toward the ground. No additional lighting will be necessary in the area of the
farm residence or barns for the purpose of the parking. No lights should be
directed towards these structures. The entrances and exits are planned to
occur directly off of both Regional Road 20 and Concession Road 10. Lighting
for any temporary security buildings or trailers should also be directed away
from the farm outbuildings.
• To mitigate any issues associated with litter and garbage associated with the
events, temporary signage and snow fencing should be installed along the
woodland edge to prevent litter from entering the forest during concert events;
• A recycling program should be instituted during the events;
All incoming generators and fuel containers should be inspected upon entry.
Any damaged, leaking or otherwise unfit equipment or fuel containers much
not be allowed on the site. Periodic checks of sites with generators should be
conducted from time to time by the proponent to verify that equipment and
fuel containers are not leaking.
To minimize the potential for fuel spills and leaks from vehicles, the proponent
should inspect all incoming vehicles prior to entering the parking lot. Any
damaged, leaking or otherwise unfit vehicles must not be allowed onto the
site. The operator of the event should assign two (2) (or more) vehicle
inspectors to inspect vehicles entering the property. The check can be
completed while vehicles are waiting to enter the parking area. A single
leaking vehicle does not constitute a major issue, however yearly use and the
potential for several faulty vehicles leaking fluids at the site could represent a
cumulative impact overtime. This level of due diligence would likely be
appreciated by the farm owner, as spills can also affect crop production.
Proponent should advise patrons upon entry of the environmental sensitivity
of the site and the need to handle fuels appropriately.
Determine feasibility of portable solar powered signs and /or lights to reduce
environmental risks and reduce potential noise related complaints.
Traffic Management Plan, Stantec, October 2013
The Stantec report was completed during consideration of approvals for the Darclarke
parcel. The Traffic Management Plan (TMP) demonstrated that'the surrounding road
network can accommodate the traffic generated by the music festival, including
camping; and operational improvements were presented in draft form.
The TMP contains many recommendations. Implementation of the plan includes
prioritization and feasibility of the suggested improvements, followed by implementation
of select improvements as a requisite for the 2014 festival and beyond.
The initial findings of the Traffic Management Plan were sufficient to support the Official
Plan Amendment and Rezoning for the Darclarke parcel. Implementation of the TMP is
part of the submitted Site Plan applications and Special Event Permit process in 2014
and beyond.
The report addresses issues that arose during the 2013 Festival. The conclusions
include:
• The combination of the volume of the arriving traffic and limited ticketing
processing capacity contributed to long delays for access and extensive
vehicular queuing on local area roadways;
• Sufficient roadway capacity should be available provided that intersection
operations and ticket processing at park gates are managed efficiently;
• The securing of lands adjacent to CTMP for camping purposes and temporary
vehicle staging to assist in managing queuing on the public road system
should assist in dispersing arriving traffic and reduce ticket processing time;
• The provision of pre -trip traveller information and the encouragement of
transportation demand management measures are important components of
the overall Traffic Management Plan;
• A number of road improvements have been identified that may be
implemented in the short term prior to the 2014 event and others that may be
considered for implementation at a later date;
• A number of potential on -site improvements have also been identified, which
include enhancing vehicle queuing and storage within the site in proximity to
the gate access points and improving connectivity within the site;
• A site traffic control plan has been developed to improve traffic operations
and safety on the local access roadways, and includes the use of Portable
Variable Message Signs, temporary conditions markers and signing, and
police point duty at key intersections; and
• Traffic monitoring and surveillance during the event will assist in managing
traffic efficiently as well as gathering information for subsequent events.
The report recommends that:
• The rezoning and Official Plan amendment applications required to allow the
use of the identified adjacent lands for camping purposes be approved as it is
anticipated that this will facilitate improved traffic operation on the local area
roadways during the 2014 event;
• The Traffic Management Plan is discussed and refined over the next several
months through consultation between the Republic Live event planning team
and the various stakeholders including the road authorities, emergency
service providers and the general public;
• Efforts continue to enhance pre -trip traveller information, improve the
efficiency of ticket processing, and identify potential sites for off -site park and
shuttle service;
• The Municipality of Clarington, Republic Live and CTMP partner on making
the proposed pavement width improvements to Concession Road 10 between
Regional Road 20 and Mosport Road prior to the 2014 event;
• The Municipality of Clarington, Republic Live and CTMP discuss the logistics
and cost - sharing potential for improving the Regional Road 20 /Concession
Road 10 intersection with Durham Region as part of the Region's planned
2014 pavement rehabilitation contract for the section of Regional Road 20
from Liberty Street to approximately 1 kilometre west of the intersection with
Mosport Road; and
• Republic Live implements the final Traffic Management Plan and monitoring/
surveillance activities.
Transportation Plan, Creighton Manning, March 2014, revised May 2014
The Transportation Plan prepared by Creighton Manning builds on the work of Stantec
and provides a detailed, operational traffic plan for the 2014 event. Creighton Manning
is a private consulting firm from Albany, New York, with experience in special event
transportation planning (Bonnaroo Music & Arts Festival, Tennessee). This report is in
draft form. The Municipality's Special Events By -law requires this plan to be approved
by the Director of Engineering Services prior to the issuance of the special event permit.
The report provides details on the event schedule, ticket holder and camping numbers,
proposed access, parking locations, and access routes.
The basic strategies of the transportation plan are:
• Maximize service rate by increasing processing lanes at tollbooths (26 lanes at
two tollbooths) compared to 7 last year, which can process between 700 and 800
vehicles per hour
• Minimizing the peak arrival demand by communicating gate opening times to
ticketholders
• Arrival routes are planned based on a postal code analysis of ticket holders.
Approximately 75% of attendees will arrive from the west and 25% from the east.
Multiple routes have been planned, separating General Admission traffic from
production and emergency response traffic
• Shuttles will be used to alleviate traffic congestion on site. The hotel shuttle
program and off -site parking lot will result in fewer vehicles to the main event site
Access to the site has been planned to separate the different groups to help distribute
traffic more evenly and to improve access for emergency vehicles, service staff,
municipal inspectors /staff and production vehicles.
Use of Mosport Rd. for various types of Festival access
The Traffic Plan proposes that Mosport Rd. from Reg. Rd. 20 to Conc. Rd. 8 will be
closed during the Boots & Hearts event except for:
• Mosport Rd. residents
• Emergency access (proposed)
• Access to VIP camping (anticipated to be low volume, early in the event)
• Production access (low volume)
• Municipal /DRPS /Emergency /EMS non - emergency access
Use of Conc. Rd. 10 during the Festival
The Traffic Plan proposes to close Conc. Rd. 10 from Hwy. 35 to Reg. Rd. 20 during the
Festival except for:
• Residents of Conc. Rd. 10
• Emergency access from the east (proposed)
• Shuttle buses from the Dobson lands to the Festival site
• General admission to Toll Booth 2 (from the west)
• VIP RV access to Gate 4 (anticipated to be low volume, early in the event)
• Production access (low volume)
The report also discusses resident access during the event. Residents will be provided
with identification to ensure the ability to travel through restricted areas /closed roads in
the proximity event.
While improved processing measures are in place, potential delays may be experienced
during peak arrival and exit times.
The report provides direction on how traveller information will be made available,
including traditional media, internet, social media and emails. A sign plan will also be
development. An FM radio band is available at Canadian Tire Motorsport Park and can
be utilized. Traffic control measures will be provided at key intersections and venue
access points.
Minimum Distance Separation Report, EcoVue Consulting Services, March 2014
The report provides the following findings:
The setback for the proposed development does not meet the Minimum Distance
Separation criteria from one existing active horse barn (Barn 4 on the east side of
Highway 35) however, given the temporary nature of the use it is unlikely there
will be an impact to the proposed use or an impact to the agricultural use
Barn 4 could have minimal impact by the redesignation and rezoning of the
property however, approval of the development will not result in nuisance odour
complaints from future users of the site given that the proposed development is
for a parking lot that will be used on a temporary basis
There will be no impact on local farms and agricultural production by the approval
of the proposed redesignation and rezoning on the subject property
Site Screening Questionnaire Letter Report, Van Voorst Engineering Ltd., March 2014
The reporting letter concludes that there is no requirement for a Phase 1 Environmental
Site Assessment to be completed based on a review of the site, a site visit and given
there are no known uses on or surround the property that would lead to any
environmental concerns on the property.
ATTACHMENT
TO REPORT PSD- 032 -14
AMENDMENT NO. 98
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, temporary ticket
processing booths and ancillary uses such as portable
washrooms and day parking associated a music festival on
nearby 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- 19100, also include unserviced camping, ticket
booths and ancillary uses such as portable washrooms
and day parking, as accessory to nearby lands that
permit music festivals, subject to the following:
• Permanent buildings and /or structures related to the
temporary use are prohibited;
• Alteration to grades outside of the licensed area or fill
area 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.
13
Exhibit .'q,.� Amendment plannt No, 98 To the
Map Al, Land U uy Darli Darlington
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ATTACHMENT
TO REPORT PSD- 032 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014-
being a By -law to adopt Amendment No. 98 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit camping and ancillary uses
on the property with tax assessment roll no. 18 -17- 010 - 110 -19100 located in Part of Lot
2, Concession 8, Former Township of Darlington;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 98 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
This By -law shall come into force and take effect on the date of the passing
- hereof.
BY -LAW passed in open session this 26th day of May, 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
ATTACHMENT 8
TO REPORT PSD- 032 -14
AMENDMENT NO. 99
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Municipality of Clarington Official Plan to
permit parking, ticket booths and ancillary uses on parcel
030 - 070 - 13500, located in Part of Lots 23 -24, Concession
10, former Township of Clarke.
BASIS: The amendment is based on an application submitted by
Republic Live Inc. to permit parking, temporary ticket
processing booths and ancillary uses such as portable
washrooms, and bus loading and parking areas associated
with music festivals on Canadian Tire Motorsport Park lands.
ACTUAL
AMENDMENT: The Clarington Official Plan is hereby amended by:
iii) Amending Map Al (Clarke), as indicated on Exhibit "A"
attached to this amendment by redesignating lands
from "General Agricultural Area" to "Green Space "; and
iv) Adding a new policy to Section 14.5 as follows:
"14.5.8 Notwithstanding Section 14.5.2, permitted uses
on the property with tax assessment roll no. 18- 17 -030-
070- 13500, also include parking, temporary ticket
processing booths and ancillary uses such as bus
loading and parking areas, accessory to nearby lands
that permit 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.
Exhibit "A ", Amendment No. 99 To the Municipality of Clarington
Official Plan, Map A1, Land Use, Clarke
3 32 31 30 29 28 27 26 25 1 24 23 22 21 20 19 18
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ATTACHMENT 9
TO REPORT PSD- 032 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NO. 2014-
being a By -law to adopt Amendment No. 99 to the Clarington Official Plan
WHEREAS Section 17 (22) of the Planning Act R.S.O. 1990, as amended, authorizes
the Municipality of Clarington to pass by -laws for the adoption or repeal of Official Plans
and Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it advisable to amend the Clarington Official Plan to permit camping and ancillary uses
on the property with tax assessment roll no. 18 -17- 030 - 070 -13500 located in Part of Lot
23 -24, Concession 10, Former Township of Clarke;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
3. That Amendment No. 99 to the Clarington Official Plan being the attached
Explanatory Text is hereby adopted.
4. This By -law shall come into force and take effect on the date of the passing
hereof.
BY -LAW passed in open session this 26th day of May, 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
Attachment #10 to Report PSD- 032 -14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT #
BY -LAW NO. 2014-
being a By -law to amend By -law 2005 -109, the Zoning By -law for the Oak Ridges
Moraine in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By -law 2005 -109, as amended, of the Corporation of the
Municipality of Clarington for ZBA 2014 -0006;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 15.0 "TEMPORARY ZONES" is hereby amended by adding the following:
"16.2 T -2 TEMPORARY ZONE TWO
a. Permitted uses
1) Agriculture Uses
ii) Camping, vehicle parking, temporary ticket processing booths and
portable washroom facilities associated with a music festival permitted
on Canadian Tire Mosport Park parcels with tax assessment roll no.
18- 17- 010 - 110 -1800, 18 -17- 010 - 110 -1801, 18- 17- 010 - 110 -1802
and 18 -17- 010 - 110 -1803.
b. Regulations
1) Yard setback to dripline of woodlot 15 metres
ii) The lands may only be used for camping, vehicle parking, temporary
ticket processing booths and portable washroom facilities between
July 15th and August 151h.
2. Pursuant to the requirements of Section 39 of the Planning Act, 1990, as
amended, the campground use may be permitted for a period of three (3) years,
ending on May 26, 2017.
3. Schedule "E" to By -law 2005 -109, as amended, is hereby further amended by
changing the zone designation from
"Natural Linkage -(NL) Zone" to Environmental Protection (EP) Zone ",
"Agricultural (A) Zone" to "Environmental Protection (EP) Zone ";
"Agricultural (A) Zone" to "Holding — Temporary (T -2) Zone ";
"Natural Linkage (NL) Zone" to "Holding —Temporary (T -2) Zone';
"Environmental Protection (EP) Zone" to "Holding — Temporary (T -2) Zone ".
Schedule "A" attached hereto shall form part of this By -law.
5. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
BY -LAW passed in open session this 200 day of May, 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
This is Schedule "A" to By -law 2014- ,
passed this day of , 2014 A.D.
REG[O[k[AL ROAD 20
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® Zoa;ng Change From "NL"To "EP"
? Zoning Change From A' To —
EP-Zoning Change Froek To' HT -7'
® Zoning Change From'NV To '"T-Z'
- Zoning Change Frord'EK To '"T.2'
QZoning To Remain "AE`
Zo*Q To Remain TP"
Adrian Foster, Mayor
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C. Anne Greentree, Deputy Clerk
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Concession Road 10
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SCHEDULE E12
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Attachment #11 to Report PSD- 032 -14
CORPORATION OF THE MUNICIPALITY OF CIARINGTOW -
BY -LAW NO. 2014-
being a By -law to amend By -law 2005 -109, the Zoning By -law for the Oak Ridges
Moraine in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable
to amend By -law 2005 -109, as amended, of the Corporation of the Municipality of Clarington
for ZBA 2014 -0011;
NOW THEREFORE= BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
Section 15.0 "TEMPORARY ZONES" is hereby amended by adding the following:
"15.3 T -3 TEMPORARY ZONE; THREE
Permitted Uses
i) Agriculture Uses
ii) Vehicle parking, portable washroom facilities, and temporary ticket
processing booths associated with a music festival permitted on Canadian
Tire Mosport Park parcels with tax assessment roll no. 18- 17- 010 -110 -1800,
18 -17 -010- 110 -1801, 18- 17- 010 - 110 -1802 and 18- 17- 010 -110 -1803.
b. Regulations
1) Yard setback to dripline of woodlot 30 metres
ii) Yard setback to west property line 20 metres
iii) Yard setback to adjacent residential lots 15 metres
iv) The lands may only be used for parking, portable washroom facilities, and
temporary ticket processing booths between July 1514 and August 151t' and
for a maximum of 5 total and consecutive days.
2. Pursuant to the requirements of Section 39 of the Planning Act, 1990, as amended, the
campground use may be permitted for a period of three (3) years, ending on May 26,
2017,
3. Schedule "E" to By -law 2005 -109, as amended, is hereby further amended by changing
the zone designation from
"Agricultural (A) Zone" to "Holding — Temporary (T -3) Zone ".
4. Schedule "A" attached hereto shall form part of this By -law.
5. This By -law shall come into effect on the date of the passing hereof, subject to the
provisions of Section 34 and 36 of the Planning Act.
BY -LAW passed in open'session this 26tt day of May, 2014.
Adrian Foster, Mayor
Anne Greentree, Deputy Clerk
This is Schedule "A" to By -law 2014 -
passed this day of , 2014 A.D.
BOUNDARY ROAD
CONCESSION ROAD 10
Em zoning Change From "A" To "(H)T-31'
Mzoning To Remain "EP"
1 Adrian Foster, Mayor Anne Greentree, Deputy Clerk I I
Boundary Road
Cancesslon Road 90
a
m
K
m
E
Z8A2014 -0011
SCHEQULE E6