HomeMy WebLinkAboutPSD-125-02
Cl!Jl#]gton
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, December 2,2002
Report #:
PSO-125-02
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File #: ZBA 2002-031
Related File: SPA 2002-025
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Subject:
REZONING APPLICATION - TEMPORARY USE
APPLICANT: GREAT CANADIAN TOWN BAND FESTIVAL
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-125-02 be received;
2. THAT the rezoning application submitted by Oavid Climenhage on behalf of the
Great Canadian Town Band Festival be APPROVED and the by-law passed as
contained in Attachment 2; and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Reviewed by:l.:J~.........:.- ~~
D vi . Crome, M.C.I.P.,R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
AR*L T*DJC*sh
November 21, 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
623
REPORT NO.: PSD.125.02
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: David Climenhage on behalf of the Great Canadian Town
Band Festival
1.2 Owner:
1.3 Rezoning:
Armand and Yvon Young in Trust
To rezone the property from "Agricultural (A) Zone" to an
appropriate zoning category to permit an annual band
festival, for a maximum of three years.
46 hectares (113.7 acres)
1.4 Site Area:
2.0 LOCATION
2.1 The property under consideration is located at 120 Princess Street and 3426
Concession Road 5 in Orono (see Attachment 1). The subject property is located
within Part Lots 29 and 30, Concession 5, in the former Township of Clarke.
3.0 BACKGROUND
3.1 The Great Canadian Town Band Festival has been holding its annual weekend
festival each year in June since 2000. In Spring 2002, the Festival requested a
building permit from the Municipality to erect tents. The building permit was not
issued as the proposed use was not permitted within the Agricultural (A) Zone.
In years past, permits were issued because the application indicated the tents
were to be erected at the Orono Fairs Grounds, where such a use would be
permitted. As a result, the applicant has initiated applications for temporary use
zoning and site plan approval to permit the use.
3.2 The Public Meeting was held on November 4, 2002. No delegations appeared in
opposition or in support of the proposal. The applicant presented concerns with
comments from the Engineering Services Department. The applicant clarified
the scale of the proposal and revised comments have been requested from
Engineering Services.
624
REPORT NO.: PSD-125-D2
PAGE 3
4.0 SITE CHARACTERISTICS AND SURROUNDING USES
4.1 The subject lands are located at the western limits of Orono. The lands were in
the ownership of the Ministry of Natural Resources and were used for a tree
nursery, until their closure and sale in the mid-1990's. There are numerous
buildings on the site, which were related to the forestry use. The grounds also
have botanical gardens with a park-like setting.
4.2 Surrounding Uses:
East - Park and Orono Mill pond and dam with the Village of Orono beyond
North - Seniors home and agricultural uses
West - Rural residential uses and agricultural uses
South - Rural residential uses and agricultural uses
5.0 OFFICIAL PLAN POLICIES
5.1 The Clarington Official Plan designates the property as "Green Space". Section
23.4.4 of the Clarington Official Plan states that a temporary use by-law may be
passed to permit the use of the lands, buildings or structures on a temporary
basis, for any purpose provided that the following conditions are addressed:
. The use is temporary in nature. Further, the use can be removed and the site
can be restored to its original condition. In this case, the music festival as
proposed does not require substantial alteration to the grounds and the lands
and buildings could return to their previous state.
. The proposed use is compatible with the adjacent existing land use, there is
minimal impact on the Natural Features and Land Characteristics identified on
Map C, or satisfactory measure to mitigate any adverse impacts will be
applied. Tableland Woodlots are identified on Map C and this proposal does
not require any tree removal.
. There will be no adverse impacts on traffic or transportation facilities or
services in the area. Further, adequate access and parking are provided.
Engineering Services will address some of these issues in their comments.
Given the size of the site, there is a great deal of parking available.
. Adequate sewage disposal and water services are available in compliance
with provincial and regional standards.
625
REPORT NO.: PSD-125-02
PAGE 4
. Finally, the proposal must not jeopardize the long term implementation of the
Official Plan.
6.0 ZONING BY-LAW CONFORMITY
6.1 The lands are currently zoned "Agricultural (A) Zone". In order to permit the
annual band festival, a temporary use rezoning application was submitted for
Council's consideration.
7.0 AGENCY COMMENTS
7.1 Durham Region Planning, Health and Works Departments, Hydro One Networks
Inc. and Ganaraska Region Conservation Authority had no objections to the
application.
7.2 The Municipality's Building Division and Emergency Services Department offered
no objections however noted the applicant is to obtain all necessary building
permits and the access route must be sufficient for fire fighting purposes.
7.3 Clarington Engineering Services has no objections to the application based on
the frequency, duration, size and attendance of previous festivals. Although
visibility in both directions on Concession Road 5 at the existing entrance is
limited, standards for visibility are currently being met at the posted operating
speed of 50km/hr.
Should the festival increase significantly in one or more of the above noted
parameters, the entrance on Concession Road 5 will have to be re-evaluated and
may result in its closure and require the provision of an alternate access to the
property.
8.0 COMMENTS
8.1 The Zoning By-law currently contains a definition for a "Special Event" as being
an event, the duration of which is temporary in nature and which is limited to one
or more of the following uses: an exhibition, a fair, a carnival, a regatta, a
religious or music festival, or an recreational competition". Temporary as it
626
REPORT NO.: PSO-125-02
PAGE 5
relates to events which generate noise (including a music festival) means the
combined total duration of all Special Events held on one property shall not
exceed there (3) days in a calendar year. This has been the duration of the
annual weekend festival in the past.
8.2 The applicant has indicated that there is reason to suspect that the lands may be
contaminated. The Province undertook to clean-up a buried fuel tank in the
vicinity of the parking area located immediately south of the building shown on
the site plan for storage of festival equipment. Although the Province provided a
clean bill of health on the lands when they were sold into private ownership,
concerns arose after the sale. The Province was requested to return to the
property to address the possible contamination.
Staff has requested as a condition of site plan approval, that prior to the opening
of the next festival, a record of site condition is to be provided to the Municipality
indicating that the contamination on-site has been removed.
8.3 As the application is to recognize a use that would be temporary in nature, taking
place no more than three (3) days out of the calendar year, the temporary use
by-law proposed (Attachment 3) would permit the festival to take place within the
context of a Special Event as defined in the Municipality's Zoning By-law.
Approval of a temporary use by-law provides the Municipality the opportunity to
re-examine the conditions of approval as required in the Official Plan. Staff has
proposed that the by-law amendment be in force for a three (3) year period.
8.4 It is staff's opinion, given the scale and temporary nature of the use, additional
background studies or development applications are not required at this time.
9.0 CONCLUSIONS
9.1 Staff respectfully recommends that the proposed rezoning application be
approved and the by-law amendment (Attachment 3) attached hereto be
APPROVED.
627
REPORT NO.: PSD.125.02
PAGE 6
Attachments:
Attachment 1 - Key Map
Attachment 2 - Site Plan
Attachment 3 - Zoning By-law Amendment
List of interested parties to be advised of Council's decision:
Armond and Yvon Young David Climenhage
120 Princess Street Great Canadian Town Band Festival
ORONO, ON LOB 1 MO PO Box 337
ORONO, ON LOB 1MO
628
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3426 Concession
Orono Key Map
Road 5/120 Princess Street, Orono
ZBA 2002-021
ATTACHMENT 2
The Great Canadian Town Band Festival
, 3426 Concession Road 5/120 Princess Street, Orono
ZBA 2002-021
63 GSPA 2002-025
ATTACHMnn 3
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2002-
being a By-Law to amend By-Law 84-63. the Comprehensive By-Law for the
Corporation of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clerington deams It
advisable to amend By-Law 84-63, as amended, of the Corporation of the former Town of
Newcastle in accordance with application ZBA 2002-021 to permit the development of an
annual music festival.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4 "SPECIAL EXCEPTIONS - AGRiCULTURAL (A) ZONE" is hereby
amended by adding the following new Subsection 6.4.69 as follows:
"6.4.69 AGRICULTURAL EXCEPTION (A-69) ZONE
Notwithstanding Sections 6.1. 6.2, and 6.3, those lands zoned "A-69" on the
Schedules to this By-law shall in addition to the other uses permitted in the
"Agricultural (A) Zone", be used for a music festival within the context of a Special
Event as defined in Section 2 of this By-law.
Pursuant to the requirements of Section 39 of the Planning Act. 1990, this use may
be permitted for a period of three (3) years, ending December 9, 2005."
2. Schedule "2" to By-Law 84-63. as amended is hereby further amended by changing
the zone designation from "Agricultural (A) Zone" to "Agricultural Exception (A-69)
Zone" as shown on the attached SChedule "A" hereto.
3. Schedule "A" attached hereto shall form part of the By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to the
provisions of Sections 34 and 39 of the Planning Act. R.S.O. 1990.
By-Law read a first time this
day of
2002.
.
By-Law read a second time this
day of
day of
2002.
By-Law read a third time and finally passed this
2002,
John Mutton. Mayor
Patti L. Barrie. Municipal Clerk
631
This Is Schedule "A" to By-law 2002- ,
passed this day of ,2002 A.D.
P'777] ZONING CHANGE FROM
~ -A-TO-MII
John Mutton, ....)'01"
PaUl L. Ben1e, MunIcIpIl CIertt
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ORONO
632