HomeMy WebLinkAboutPSD-009-14 C n a
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REPORT
PLANNING DEPARTMENT SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: January 20, 2014 Resolution#: dOo- By-law#: N/A
Report#: PSD-009-14 File#: COPA 2013-0004 & ZBA 2013-0016
Subject: AN APPLICATION FOR A CLARINGTON OFFICIAL PLAN AMENDMENT AND
REZONING TO ALLOW CAMPING ON LANDS ADJACENT TO
CANADIAN TIRE MOTORSPORT PARK
APPLICANT: REPUBLIC LIVE INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-009-14 be received;
2. THAT Amendment 96 to the Clarington Official Plan submitted by Republic Live Inc. to
redesignate lands from General Agriculture to Green Space, as contained in Attachment
3 be adopted and the By-law adopting the Official Plan Amendment contained in
Attachment 4 be passed;
3. THAT a Temporary Use Zoning By-law Amendment allowing camping and ancillary uses,
be approved as contained in Attachment 5;
4. 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-law
authorizing the removal of the (H) Holding Symbol be approved;
5. THAT the Durham Regional Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-009-14 and Council's decision; and
6. THAT all interested parties listed in Report PSD-009-14 and any delegations be advised
of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: PSD-009-14 PAGE 2
Submitted by: Reviewed by: '`
Crome, MCIP, RPP Franklin Wu,
Dire or of Planning Services Chief Administrative Officer
ATS/CP/df
14 January 2014
REPORT NO.: PSD-009-14 PAGE 3
1. APPLICATION DETAILS
1.1 Owner: Darclarke Properties Corp. (Canadian Tire Motorsport Park)
1.2 Applicant: Republic Live Inc.
1.3 Agent: Valerie Cranmer & Associates
1.4 Proposal:
Clarington Official Plan Amendment
A proposed Clarington Official Plan Amendment to change the land use
designation from General Agricultural to Green Space to allow major
recreational uses.
Zoning By-law Amendment
A proposed Zoning By-law amendment to permit outdoor camping, parking
and portable washroom facilities associated with events on adjacent
Canadian Tire Motorsport Park (CTMP) lands.
1.5 Area: 26.36 hectares (65 acres)
1.6 Location: Part of Lot 1, Concession 8, Former Township of Darlington (Figure 1)
2. BACKGROUND
2.1 The applications request changes to the Clarington Official Plan and Zoning By-law to
allow camping and ancillary uses, such as parking, washrooms and shower facilities
and would have the following characteristics:
• Only occur during special events held at adjacent CTMP, when demand for the
additional land is necessary
• No permanent buildings or structures are proposed (portable and temporary
structures installed for event)
• No proposed alterations to grading or natural features
• Lands would remain unserviced
• Existing agricultural use (hay) would continue
2.2 The temporary use zoning application was originally submitted in June 2013 and the
public meeting was held September 9, 2013. Following the public meeting, an
application to amend the Clarington Official Plan was submitted and the rezoning was
revised from a temporary use to a permanent use. The public meeting for the Official
Plan Amendment and revised Zoning By-law Amendment was held December 9, 2013.
REPORT NO.: PSD-009-14 PAGE 4
2.3 The applicant has submitted a Planning Justification report, a Natural Heritage
Evaluation, a Traffic Management Plan and a Phase 1 Environmental Site Assessment
in support of the applications.
2.4 The purpose of this report is to provide a recommendation for approval of changes to
the Clarington Official Plan and Zoning By-law to allow camping and ancillary uses on
the subject lands (Figure 1) owned by Darclarke Properties Inc. in association with
events held at adjacent Canadian Tire Motorsport Park (CTMP). It does not deal with
the many details associated with the management and delivery of the special event
itself. These would be addressed in part through the application for site plan approval
and other related permits required to allow the use.
2.5 The Boots and Hearts Music Festival has been held the past two years and most
recently from August 1 to August 4, 2013. Approximately 18,000 people camped at the
festival. Camping, which included both tents and recreation vehicles (RV's), was
accommodated as follows:
Approximate Number of
Owner Campsites
Darclarke Properties Corp Parcel 1 2,500
Canadian Tire Motors port Park 2,000
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.
2.6 The Municipality has a Special Event By-law 91-56, as amended. The purpose of the
by-law is to regulate and licence large exhibitions and events such as the Boots and
Hearts Music Festival and other events at CTMP. Prior to issuing a Special Event
license, a number of items must be addressed in accordance with the by-law including,
but not limited to:
• Description of the event and the land to be used for parking, camping, sale and
consumption of food;
• Time period of event;
• Proof of liability insurance;
• Agreement with the Municipality to save harmless and indemnify;
• Clearance by Durham Region Police Service that there is adequate police protection
for the event (securities/costs may be collected);
• Clearance by the Fire Chief that there is adequate fire protection (securities/costs
may be collected);
• Clearance by Durham Region Health Department certifying that the event satisfies
all public health and sanitation requirements; and
• Arrangements for noise monitoring for any event at CTMP.
2.7 The Special Event by-law is currently under review by the Municipal Solicitor. Future
amendments to the Special Event by-law will address issues arising relating to the
Boots and Hearts Music Festival, such as traffic, and other trends relating to special
events across the Municipality.
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REPORT NO.: PSD-009-14 PAGE 6
3. LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The subject lands, owned by Darclarke Properties Corp., is located immediately west of
the existing Canadian Tire Motorsport Park lands, with frontage along Regional Road 20
and Concession Road 10, Clarke. The aerial photograph (see Figure 2) shows the
extent of the use of the subject property during the recent Boots and Hearts Music
Festival. The main event area on the Mosport site is shown on Figure 3.
3.2 The surrounding uses are as follows:
North - Existing Aggregate Extraction operation, agricultural land
South - Woodlot
East - Canadian Tire Motorsport Park
West - Existing licensed (inactive) Aggregate Extraction site, agricultural land
Figure 2 — Subject Site
REPORT NO.: PSD-009-14 PAGE 7
Figure 3
Event Area — Boots and Hearts Festival
a
4. PROVINCIAL POLICY
4.1 Provincial Policy Statement (PPS)
The lands have not been identified as a Prime Agricultural Area and thus they are
considered a Rural Area as defined by the PPS. Recreational, tourism and other
economic opportunities are promoted in Rural Areas. Development that is compatible
with the rural landscape and sustained by rural service levels should be promoted.
Development shall be appropriate to the available infrastructure. Locally important
agricultural and resource areas should be designated and protected by directing non-
related development to areas where it will not constrain these uses.
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.
REPORT NO.: PSD-009-14 PAGE 8
4.2 Oak Ridges Moraine Conservation Plan (ORMCP)
The ORMCP designates the subject lands Countryside Area, and a small portion in the
southeast corner of the property is Natural Linkage Area. While the ORMCP was
enacted by Ontario Regulation 140/02, it is a policy document which requires
interpretation and is implemented through Regional and Local Official Plans. A detailed
review of the policies is outlined below.
4.2.1 Countryside Areas
Countryside Area policies promote the protection and continuation of agricultural uses,
but also permit the widest range of non-agricultural related uses on the Oak Ridges
Moraine.
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
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
The proposed camping use is not a campground, either serviced or unserviced. It is not
proposed to be operated solely as a campground nor is it open to any member of the
public.
The proposal therefore requires interpretation as to the intent of the ORMCP. It should
be noted that the existing 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 would also be a major recreational use in that the support services
require the use of the buildings and structures constructed for the racetrack.
REPORT NO.: PSD-009-14 PAGE 9
It is noted that the low-intensity recreational uses are permitted within the Natural Core
and Natural Linkage Areas. This 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. However, this is only true because the
natural vegetation has been cleared for farming. No permanent buildings are proposed.
However, while it may be a use with low frequency, it is not a low intensity use for the
few days it operates. A low intensity use would not generate traffic impacts or the
potential for incompatibility with residential uses.
The camping area on the subject site is serving as an extension of Canadian Tire
Motorsport Park for the purposes of the recreational events being held at Canadian Tire
Motorsport Park, whether it is a music concert/festival or a motor vehicle race. It is not a
separate, independent campground operated on its 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 Areas provided that they
are not designated as a prime agricultural area or an area primarily for agricultural uses
in the applicable official plan. Redesignating the lands from General Agricultural to
Green Space allows the major recreational use on a portion of the subject lands.
4.2.2 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. Given the objectives
of the Natural Linkage Area policies to create linkages and improve or restore the
ecological integrity of the ORM, the Natural Linkage Area policies would not be
supportive of the proposal.
4.2.3 ORMCP Conformity
The proposed applications conform to the ORMCP in the Countryside areas provided
that the local official plan does not designate the land primarily for agricultural uses. The
Natural Linkage policies would not support the intensive if infrequent camping and
ancillary uses.
5. OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the lands Countryside Area and Natural
Linkage Area, consistent with the ORMCP using the same designations and
boundaries. The CTMP lands are identified as a Regional Node.
REPORT NO.: PSD-009-14 PAGE 10
Parallel to the analysis provided on ORMCP conformity, the proposal conforms to the
Durham Regional Official Plan in the Countryside areas. The Natural Linkage policies
would not support the camping and ancillary uses.
5.2 Clarington Official Plan
The Clarington Official Plan designates the lands General Agricultural and Natural
Linkage Area with Environmental Protection Area noted for the significant woodland.
The General Agricultural designation is more restrictive than the policies of the ORMCP
and Regional Official Plan Countryside Area designation. The Natural Linkage Area
policies are consistent with the ORMCP and Regional Official Plan. No development is
permitted on lands designated Environmental Protection Areas, except low-intensity
recreation and uses related to forest, fish and wildlife management or erosion control
and stormwater management.
Temporary use by-laws may be passed to permit the use of lands, buildings or
structures, on a temporary basis, for a maximum of three (3) years, for any purpose
provided that:
a) the proposed use is temporary in nature;
b) the proposed use is compatible with adjacent existing land uses, there is minimal
impact on the environment, or satisfactory measures to mitigate any adverse
impacts will be applied;
c) there will be no adverse impacts on traffic or transportation facilities or services in
the area;
d) adequate access and parking are provided;
e) the use can be removed and the site can be restored to its original condition;
f) adequate sewage disposal and water services are available in compliance with
provincial and regional standards; and
g) it does not jeopardize the long term implementation of this Plan.
Generally, Council will not permit the extension of any temporary use by-law beyond a
period of 10 years.
The Official Plan indicates that if the boundaries of the land use designations do not
coincide with a physical or natural feature, such as a creek, road or property line, minor
deviations are permitted that do not alter the intent of the Plan.
6. ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural (A)", "Natural Linkage (NL)"
and "Environmental Protection (EP)". The "A" zone permits agricultural uses and a
single detached dwelling. The "NU and "EP" zones permit agricultural uses and
recognize existing dwellings. The Minimum Area of Influence overlay applies to all
zones for lands within 90 metres of the "EP" zone limits.
REPORT NO.: PSD-009-14 PAGE 11
7. PUBLIC NOTICE AND SUBMISSIONS
7.1 Public notice was given by mail to each landowner within 120 metres of the subject
property, all interested parties, and a public meeting sign was erected along Regional
Road 20 on two separate occasions for the public meetings held on September 9, 2013
and December 9, 2013.
7.2 On behalf of residents, Leslie and Ken Kerrigan, planning consultant, Susan Lloyd
Swail, provided a written submission and provided a presentation at the December 9,
2013. A copy of the submission is included as Attachment 1.
7.3 Other concerns raised regarding the Boots & Hearts Music Festival, include:
• Protection of the Oak Ridges Moraine
• Public safety
• Public nuisances
• Security and safety of nearby residents
• Traffic congestion, including blocked access to neighbouring properties
• Condition of rural roads in area may not be designed to accommodate traffic
• Concert attendees speeding along rural roads
• Noise generated from the music festival
• Trespassing onto private property— concert attendees looking for parking, camping,
firewood etc.
• Littering on private property— produced by those stuck in traffic
• Communication between CTMP/Republic Live Inc. and neighbouring property
owners
• Loss of telecommunication signals
7.4 Through the public process, the benefits of the music festival have been highlighted
including the positive impact to the economy and the recreation and tourism
opportunities surrounding the event.
8. SUPPORTING STUDIES
A Planning Justification Report, Natural Heritage Evaluation, Traffic Management Plan
and a Phase 1 Environmental Site Assessment were prepared in support of the
application and are summarized in Attachment 2.
9. AGENCY COMMENTS
9.1 Regional Planning Department
Regional Planning provided comments advising the proposed camping is 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
REPORT NO.: PSD-009-14 PAGE 12
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
site. The Region accepts the findings. The Region requests that the recommendations
of the Scoped Natural Heritage Evaluation be followed during any approved camping
use. The Region also requests additional information to satisfy the Minimum Distance
Separation calculations if there are nearby agricultural operations.
9.2 Regional Health Department
The Health Department advised they do not object to the applications. They require
written submission made to the Regional Health Department, at least 4 weeks in
advance of any camping activity, for review and approval. The submission should
include details regarding the storage, haulage route and disposal of any portable
facilities as well as the source, storage and haulage route of any drinking/potable water.
9.3 Regional Works Department
The Traffic Management Plan has been reviewed by the Durham Regional Works. The
report is generally acceptable, however, technical comments have been provided to the
traffic consultant for consideration in the final report. Specific requirements can be
addressed through site plan approval or the special event permit.
9.4 Ganaraska Region Conservation Authority
The Ganaraska Region Conservation Authority has reviewed the application and the
proposed Natural Heritage Evaluation. The GRCA highlights that the evaluation does
not fully report on the impacts of the private campground on the woodland, i.e. intrusion
of patrons, noise, light and litter. The evaluation suggests that camping be permitted up
to the limit of the significant woodland, however the GRCA recommends that a buffer
(minimum vegetation protection zone) be provided to satisfy provisions of the Oak
Ridges Moraine Conservation Plan. The GRCA recommends that the buffer be
implemented through the Zoning By-law Amendment and that the future site plan
agreement include requirements to install fencing and signage to diminish instrusion into
the woodland and buffer area. It is recommended that a monitoring plan be prepared to
measure effectiveness of the mitigation measures over the course of the events, should
the applications be approved.
10. DEPARTMENTAL COMMENTS
10.1 Emergency and Fire Services
All fire access routes to all camping areas shall have a minimum width of 6.0 metres.
REPORT NO.: PSD-009-14 PAGE 13
10.2 Engineering Services
The Traffic Management Plan indicates that there should be sufficient roadway capacity
provided that intersection operations and ticket processing at the gates are managed
efficiently. The detail of the recommended improvements submitted in support of the
festival and camping is currently under review. The recommended improvements will
occur over the fullness of time and can be phased. Full implementation of a 2014
Traffic Management Plan will be part of the required Special Events process. However,
Engineering Services recommends that prior to lifting the (H) Holding symbol, an
agreement is entered into with the owners/Republic Live for the necessary
improvements (paved shoulders) along Concession Road 10.
The use of Darlington-Clarke Townline Road for access to the campground area will not
be permitted. The point where Darlington-Clarke Townline Road is crossed must be
along the open portion.
A 30 metre x 10 metre sight triangle is required at the intersection of Concession Road
10 and Darlington-Clarke Townline Road. The southerly limit of the open portion of
Darlington-Clarke Townline Road must be barricaded to traffic two days before, during
and two days after any music festival. The applicant will be responsible for 100% of all
costs, financial and otherwise to establish a suitable road barricade.
Engineering Services highlights that while there is no re-grading proposed at this time,
any future plans for re-grading would require the approval of a grading and drainage
plan and may warrant a site alteration permit and/or a road damage deposit.
10.3 Building Division
The Building Division has no concerns regarding the application.
10.4 Operations
The Operations Department has reviewed the Traffic Management Plan and finds that
the report addresses current issues, however, costs for recommended improvements
are not identified in budget forecasts.
11. DISCUSSION
11.1 Republic Live is requesting permission to allow camping, parking and portable
washroom facilities on the subject lands related to events on the adjacent Canadian Tire
Motorsport Park lands, a designated Tourism Node. In order to permit these uses,
amendments to both the Clarington Official Plan and Zoning By-law are required.
11.2 Canadian Tire Motorsport Park 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 camping.
REPORT NO.: PSD-009-14 PAGE 14
11.3 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.
11.4 The applicant is not requesting an expansion to the Tourism Node, but rather requests
that during certain events at CTMP, permission be granted to allow camping, parking
and portable washroom facilities on the subject land. As part of these applications,
there are no plans to construct any permanent structures, expand the principle race
track use, or make any significant alterations to the site.
11.5 There is a hierarchy of issues related to the Boots and Hearts Music Festival. At this
stage the planning applications are to ascertain the suitability and desirability of the
proposed land use. Some of the most important issues to residents relate to the
management and delivery of the event. These matters are best addressed through the
Special Event Permit process, which will occur later.
11.6 Conformity with the ORMCP
A detailed review of the ORMCP and the Regional Official Plan policies is discussed
above.
Staff are currently completing the review of the Clarington Official Plan. On a broader
policy context, the Regional Official Plan has eliminated the two-tier agricultural
designations. The General Agricultural Area Designation, which includes the subject
lands, is being eliminated and those lands are being redesignated either as Prime
Agriculture or as Green Space. The Countryside Discussion Paper has recommended
that the General Agriculture Area designation on the subject site and in the vicinity be
redesignated as Green Space. The applicant's proposal is consistent with the approach
being put forward by staff in the Official Plan Review.
The ORMCP permits major recreational uses in the Countryside Area provided that they
are not prime agricultural areas or areas designated for primarily agricultural purposes.
The subject lands are not considered prime agricultural lands; they have a Class 6 soil
capability classification. The redesignation of the subject lands from General Agriculture
to Green Space is appropriate. The property still has value as an agricultural resource.
The temporary nature of the events would allow agricultural uses to continue (e.g.
haying) outside of the event period.
11.7 Natural Heritage
The Natural Heritage Evaluation supports camping up to the edge of the woodlot. Staff
are recommending a minimum 15 metre buffer to the woodlot be maintained. The
ORMCP requires a minimum vegetation protection zone of 30 metres which is currently
zoned Environmental Protection beyond the limit of the features. In this situation and
based in part on the Natural Heritage Evaluation. The Ganaraska Region Conservation
Authority supports a reduction of the 30 metres to 15 metres as the tents are not
permanent structures, and will be there on a temporary basis.
REPORT NO.: PSD-009-14 PAGE 15
Staff recommend no camping or any other use be permitted in the 15 metre buffer to the
woodlot and within 25 metre around each butternut tree. The areas to be used for
camping are identified through the Zoning By-law Amendment. The site plan process
will require the buffer limit to be signed and fenced.
As a condition of site plan approval, staff will require monitoring to take place during and
following the event(s) to measure effectiveness of the mitigation measures over the
course of the events, should the applications be approved. Previous years' monitoring
reports, prepared by the applicant's environmental consultant, will be required prior to
issuance of subsequent special event license.
11.8 Residence at 3135 Concession Rd 10 (Osborn)
The resident at 3135 Concession Rd 10 is surrounded on three sides by the subject site
and Concession Road 10 on the fourth side. The resident raised various concerns
regarding the impacts on his property given its close proximity. The owners were aware
of Boots and Hearts when they acquired the property but were concerned if this was
extended through the summer for other Mosport events. The resident requested that
impacts be mitigated. Staff recommend providing a minimum 15 metre buffer around
this property and will require fencing and signage to avoid trespass. Any temporary
lighting will be directed away from the private residence. Uses on the Darclarke
property in the vicinity of the Osborn property will also be reviewed through site plan
approval to minimize conflicts.
11.9 Traffic
Generally, the Traffic Management Plan (TMP) has demonstrated that the surrounding
road network can accommodate the traffic generated by the music festival, including
camping; and operational improvements have been presented in draft form.
The TMP contains many recommendations. Implementation of the plan will include
prioritization and feasibility of the suggested improvements, followed by implementation
of select improvements as a requisite for the 2014 festival and beyond. Cost-sharing will
be part of the discussion.
The initial findings of the Traffic Management Plan are sufficient to support the Official
Plan Amendment and Rezoning. Implementation of the TMP will be part of the Site Plan
application and Special Event Permit process in 2014 and beyond.
11.10 Recommended Official Plan Amendment
The land use designation must conform to the policies of the Oak Ridges Moraine
Conservation Plan and Durham Regional Official Plan. A proposed Official Plan
Amendment is included as Attachment 3. Planning Staff recommend redesignating the
General Agriculture lands as Green Space with additional site specific policies that
would govern the use:
• Camping is a permitted, temporary use related to events at CTMP;
• Site Plan approval is required to address detailed site issues;
• Alteration to grades is prohibited; and
REPORT NO.: PS®-009-14 PAGE 16
® Buffers and environmental protection implemented through Zoning By-law
amendment and Site Plan.
11.11 Recommended Temporary Use By-law
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 provides for an alignment that is more consistent with the
boundaries of the Natural Heritage system.
The rezoning application, as modified, requests a permanent zoning on the site to allow
camping uses in association with either music festival or race events. However, as
noted above, at the present time, CTMP has no plans that would require the use of
these lands for race events.
Furthermore, the Boots and Hearts Music Festival is an evolving event which is growing
every year. There should be opportunity for Council to review the negative and positive
impacts as the festival evolves, particularly since some of the operations issues can
negatively impact surrounding neighbours unless they are 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 as an agricultural use. In the
future, the temporary use zoning could be further extended by Council or a permanent
zoning be established.
The proposed zoning by-law contains provisions that would limit the use of the site for
camping for the period between July 15th to August 15th of each year. In addition,
vehicle parking would be permitted from July 15th to September 10th of each year. This
would effectively limit the camping use for two music festivals that Republic Live would
possibly hold. In part this time restriction is proposed because of the impacts on the
resident to the north. It would also allow for agricultural uses to continue outside of the
festival period. Parking for the music festivals or races would be permitted for a longer
period as it would have less impact on the residence.
It is also 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 regarding the improvements along Concession Road
10 that are to be completed prior to the 2014 event.
11.12 Further Steps
The owners are required to obtain site plan approval and enter into an agreement with
the Municipality. In addition, Republic Live is required to obtain a Special Events Permit
for the Boots and Hearts festival. At the present time, an update of the Special Events
By-law is being prepared. Many of the key issues raised by residents are detailed
design or event management issues.
The following matters and many others will be addressed either through site plan
approval or the Special Events Permit:
REPORT NO.: PSD-009-14 PAGE 17
Site specific issues for Darclarke properties
• Site layout, including campsites, lane ways, washroom and shower facilities
• Site access
• Fencing
• Navigation Signage for camping areas
Event-wide issues
• Road Network Improvements
• Event Traffic management plan
• Emergency management plan
• Communication plan
The submission prepared by Susan Lloyd Swail, Planit Connections Consulting
Services (Attachment 1) has been forwarded to Republic Live for consideration in their
event planning, as well as departments and agencies involved in the permits/licenses
for the Boots and Hearths Music Festival.
12. CONCURRENCE — Not Applicable
13. CONCLUSION
13.1 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 Amendment 96 (Attachment 3)
and Temporary Use By-law (Attachment 5) be approved.
CONFORMITY WITH STRATEGIC PLAN
The recommendations contained in this report conform to the general intent of the following
priorities of the Strategic Plan:
X Promoting economic development
Maintaining financial stability
Connecting Clarington
Promoting green initiatives
Investing in infrastructure
X Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Anne Taylor Scott, Planner II
Attachments:
Attachment 1 - Submission by Susan Lloyd Swail
Attachment 2 - Summary of Supporting Studies
Attachment 3 - Proposed Official Plan Amendment
Attachment 4 - Adopting By-law
Attachment 5 - Proposed Temporary Use By-law
REPORT NO.: PSD-009-14 PAGE 18
List of interested parties to be advised of Council's decision:
Darclarke Properties Corp.
Republic Live Inc.
Valerie Cranmer
Kenneth & Leslie Kerrigan
Rob Whitehead
Susan Lloyd Swail
Rick Rondeau
Carolyn Molinari
Garry Niece
Tricia Hebert
Justin Oliver
Kevin Anyan
Mark & Marilyn Osborn
Orlando Corporation
Brad Black
Rick James
Attachment 1
To Report PSD-009-13
Plant Connections Consulting Services Inc,
November 25,2013
Mr. David Crome,
Director of Planning Services
Town of Clarington
40 Temperance St,
Bowmanville,On
L1C 3A6
RE:Comments for Public Meeting ZBA-2013-0016, COPA 2013-0004
1 am pleased to provide you with an opinion regarding the proposed use of the property at Part Lot 1,
Concession 8 in the Municipality of Clarington. In this letter, I will address planning policy conformity
issues associated with this application in regard to the Planning Act and other relevant policies
specifically,the Oak Ridges Moraine Conservation Plan (ORMCP),the Provincial Policy Statement,the
Region of Durham Official Plan,and the Municipality of Clarington Official Plan and Zoning By-law;the
policies that are applicable to this application. Further, I will provide a review of the associated reports
provided by the planning department regarding natural heritage evaluation and transportation planning.
Also,-there-were a-nu-mber-of-is-sues-with-the-management-of-the-Boots and-Hearts-fes-tival-last-ye-ar.
Should the application be approved we ask that the Municipality require site plan conditions to ensure
the event is managed to reduce the impacts on the neighbouring rural residents as well as reducing
potential-liability-issues.-- - - -- --- --- - - --- ---- --- _ _-- _
The-proposed temporary land use consists of outdoor camping with-a capacity for 20;000 people-on-a-57 -
acre site with associated parking and portable washroom facilities required for entertainment events to
be held on Canadian Tire Motorsport Park site. My clients,the Kerrigan's have a number of concerns
related to the proposed use.The activities and use of the property for this event in 2013 demonstrated
that the concerns they brought forward to Council last fall were warranted. It appears that a number of
regulations and guidelines associated with an event of this nature, namely,the Region of Durham Public
Health guidelines for outdoor gatherings,and the Alcohol and Gaming Commissions requirements were
not met. In this report, I will provide an overview of the Kerrigan's concerns regarding the issues with
the 2013 event management,an overview of management practices for outdoor music festivals and
suggestions for improved management and health and safety, if the event is to continue at this location.
When determining which provincial policy applies to an application, I refer to the Official Plan and
provincial maps to determine whether lands are within the Places to Grow Plan (growth areas) or within
the Oak Ridges Moraine,and/or Greenbelt. In this case,the lands in question are located at Part of Lot
8,Concession 1,5216 Darlington Clarke Townline, in a rural area within the Oak Ridges Moraine
Planning Area,therefore,the ORMCP is the applicable provincial policy. It is a prescriptive provincial
plan, it is not interpreted like an Official Plan,as a result planning decisions are generally conservative as
the language and policies regarding permitted uses is specific. Uses that are not permitted are not
included in the description.The policies of the municipality must conform to the ORMCP, implementing
plans such as the Municipality of Clarington's Official Plan, 2005-109 can be more restrictive, but not less
restrictive than the conservation plan.
After an analysis of the permitted uses within agricultural areas and a review of the policy on low
intensity recreational uses permitted on the Oak Ridges Moraine, it is my opinion that the land uses
proposed in this application do not conform to the policies in the ORMCP.The low intensity recreational
policies in the ORMCP permit unserviced camping on public or institutional lands.The proposed OPA
would change the zoning to green lands within the Clarington Official Plan, but the lands would remain
in private ownership and be used for commercial purposes, namely,the leasing of plots for camping on
a temporary basis and agricultural uses. Further,there are some differences between the green land
designation and the Regional Official Plan which would likely designate these lands Major Open Space-
Oak Ridges Moraine Conservation Plan.
I would ask you to provide this opinion to the Mayor and Council for the December 9th Council meeting
so that it becomes part of the public record for this file.
!—Summary of-Planning Opinion
A. Oak Ridges Moraine Conservation Plan (ORMCP)
When considering applications for uses within the Oak Ridges Moraine Plan area is it important to
review the objectives of-the Plan.The-objectives-are to protect the ecological and hydrological functions
-- - of the Oak Ridges Moraine;by ensuring-that only land uses-that maintain, improve or restore the - - –
ecological and hydrological function of the Oak Ridges Moraine are permitted....
The proposed lands are within a countryside and natural linkage area of the ORMCP. The Municipality
of Clarington has amended its Official Plan to conform to the ORMCP,under by-law 2005-109.The
property under consideration is identified as agricultural and natural linkage on map E4, by-law 2005-
109.
The primary use of the property is currently agriculture general.The ORMCP identifies agricultural
related uses as commercial or industrial uses that are,small scale,directly related to the farm operation
and required in close proximity to the farm operation.
According to the application,the applicant is proposing a temporary use;overnight camping with
temporary washrooms and parking facilities which is identified in a letter from the applicant's planner as
an accessory use to the Canadian Tire Motorsport Park. In the ORMCP 'accessory use' is defined as a
use of lands that is normally incidental or subordinate to the principal use.As the principal use is
agriculture, and the lands are not identified in the Regional Official Plan as being part of the CTMP node,
the view that this use is an accessory use is not consistent with the definition of accessory use in the
ORMCP as a campground is neither incidental to, or subordinate to the existing agricultural use on this
property as the use is unrelated.
The applicant considers the use to be consistent with a low intensity recreational use.The ORMCP
specifically identifies a number of examples of what a low intensity recreational use in Sec. 37(1). Low
intensity recreational uses are recreational uses that have a minimal impact on the natural environment
and require very little terrain or vegetation modification, and few if any buildings or structures, including
but not limited to the following:
1. Non-motorized trail uses
2. Natural heritage appreciation
3. Unserviced camping on public or institutional land.
4. Accessory uses.
The proposed use in this amendment is agriculture and unserviced camping on privately owned
commercial lands. As the lands are neither publicly owned or operated or institutionally zoned the use
does not conform to the Oak Ridges Moraine Conservation Plan as set out in Section 37.
Further,the density of the camping is not consistent with the size and density of campsites on public or
institutional campgrounds. If the use was licensed as a tourism establishment under the Tourism Act,
R.S,.O._Reg-1037Sec.—q-(4)T_hesize_afthe campsite s—ry-culcl_be-consider-ably larger T-he-Actstates"Each
campsite shall have an area of at least 186 square metres with an open and graded parking space
sufficient to permit a minimum clearance of 4.5 square meters between sides and three metres between
ends of adjacent recreational vehicles." If this use of the land is approved,due to the discrepancy
between the proposed use and both the ORMCP descriptions of low intensity uses and the Tourism Act
description of a campsite it would seem reasonable to request that the applicant increase the size of the
campsites and decrease the density of campers per site.
B. Region of Durham Official Plan
The Regional Official Plan identifies the proposed parcel as Natural Linkage and Countryside in the Oak
Ridges Moraine Conservation Plan area.The parcel adjacent to the proposed use, Canadian Tire
Mosport Park is identified on Schedule A, Map 5 as an existing regional node. The Region of Durham
Official Plan has updated their plan to conform to the Greenbelt Plan. Policy 9 C. 2.1. states, "In the
preparation of area municipal official plans,Councils of the area municipalities shall include provisions
to complement the intent of this Plan and the provisions of this Section regarding the development of
Regional Nodes." The development of the Regional Node includes the lands within the mapped
Mosport Park area and does not appear to be applicable to lands adjacent to Mosport Park, at this time.
The Regional Official Plan and Local Official Plan must conform to the ORMCP. Any request to make
changes to the ORMCP,to include adjacent lands within the Regional node should be made to the
province at the time of the ORMCP review in 2015.
C. Municipality of Clarington Official Plan
The subject lands are currently zoned agricultural and are identified in the Municipality of Clarington's
Official Plan as General Agricultural Area.
An Official Plan amendment has been made by the applicant to permit low intensity recreations uses
namely, unserviced camping on the proposed lands.This amendment would see the zoning change from
General Agriculture to Open Space-Green Space lands in the COPA. Rezoning within the Oak Ridges
Moraine has certain requirements as noted in ROP 10.6.2.2. If the COPA is approved we suggest the
wording for the COPA include a reference to the Oak Ridges Moraine natural linkage area on the
property.
D. Density of Camping
The proposed density of camping on the lands, eight persons and a vehicle for each 15'X 20' plot over
57 acres, or 20,000 persons is generally not consistent with unserviced camping uses on public open
space, institutional campgrounds or parklands. There are few regulations which control the size and
management of camping facilities. One regulation that addresses the density of the proposed use is the
Tourism Act, R.S.O. Reg. 1037 Sec. 9(4). If the proposed use is to continue on this property we ask that
the density of camping sites be more consistent with the requirements under the Tourism Act as these
req_u_ir_ements se_e_mto be rmorec_onsistent with the low_intensity_recreationaLus_es_identified_in the
ORMCP.
Further,the comments noted by the applicant's planner noted the Ganaraska Region Conservation
Authority interpreted the use as intensive during the period when the event is occurring.
E. Summary of Planning Opinion
It is my opinion as a professional planner that the proposed use does not conform to the Oak Ridges
Moraine Conservation Plan as set out in this application,as the proposed use is for commercial
purposes, leasing overnight accommodation plots for camping associated with a music festival, and
further,that the density of the use is not consistent with the nature of low intensity uses identified in
the conservation plan.This specific use has a fairly high density compared with the low intensity uses
identified in the plan,such as nature appreciation, non-motorized trail uses, and low intensity camping
on public or institutional lands. The proposed use, 2,500 camp sites with a maximum of eight persons
per site or 20,000 people and 5,000 cars on a 57 acre parcel is more consistent with a commercial
entertainment or tourism use.
2. Natural Heritage Evaluation
The applicant included a scoped Natural Heritage Evaluation in this application. This scoped evaluation
provides an evaluation of the site on one day,during the fall.As the applicant is proposing to use this
site for a number of events over the summer it is difficult to determine the impacts if the intensity,the
number of events,and date of the events is unknown. This evaluation does not appear to evaluate the
impacts associated with the unknown multiple events occurring over a summer. Another limitation with
the evaluation is the lack of a specified "dimension of the required minimum vegetation protection
zone"as required under Section 29 of the Oak Ridges Moraine Conservation Plan, ROP 10.13. 2.9.A line is
indicated on the NHE figure 8, but it does not specify the dimension or the GPS locations for the
protection zone. Without this information compliance monitoring of the proposed mitigation measures
may not be possible.
Is this density of camping having an adverse impact on the Oak Ridges Moraine?ORMCP defines
"adverse effect"as any impairment,disruption,destruction,or harmful alteration.The PPS provides
further refinement of the definition,with the understanding that the PPS is the minimum standard.
Adverse effects in the PPS means one or more of:
Impairment of the quality of the natural environment for any use that can be made of it;
injury or damage to property or plant or animal life;
harm or material discomfort to any person;
any adverse effect on the health of a person;
impairment of the safety of any person;
rendering any property or plant or animal life unfit for human use;
loss of enjoyment of normal use of property;
and interference with normal conduct of business.
Photographs from the 2013 event would suggest that the trucks mudding on the site and the patrons
using the forest as a washroom likely impaired the natural environment and may have damaged plant
life. Further, local residents found it very difficult to travel on the local roads which may have interfered
with normal business for local businesses and as the Kerrigan's have argued,they experienced a loss of
enjoyment of the normal us of their property.To determine the adverse effect of this use for future
events the extent of the use, number of events per year, needs to be determined. Once that information
is available the NHE should identify whether the minimum vegetative protection zones are adequate,
how the area will be improved, and how the impacts will be mitigated. As the impacts will occur
intermittently over the summer,we suggest that the Municipality institute a monitoring program as part
of the condition of approval to ensure mitigation measures are put in place and to determine whether
there are any adverse effects.
We support the recommendations within the natural heritage evaluation that privies and generators be
located away from the forested area. The recommendation that vehicles remain outside of the natural
heritage area of influence will be easier to enforce if the event management restricts off-road vehicles
(off-road trucks,ATV's dirt bikes,etc.) and/or keeps cars parked offsite altogether,as it is unlikely a
snow fence will deter these massive vehicles. In summary,without a natural heritage evaluation based
on the extent and timing on the use on the site it is not possible to determine whether the additional
use is having an adverse impact.
3. Event Management Issues
The Kerrigan's brought forward a number of concerns and compatibility issues at the public meeting
held on September 9th, 2013 regarding the rezoning application for this site.These issues still remain a
concern and we ask the Township to consider our analysis and recommendations to reduce potential
liabilities as well as provide for the continued safety, peace and quiet enjoyment for the. To
understand the normal management practices of these events we developed a best practices
Comparison o(Management Practices for Music Festivals
Size of #of Aid aid
2013 Event Winpsito C,ampersJOW 4tofCamperni Corscortun site Wse derail s Eoction6rourAfs PWic litAth Stxsrity Odstr Sotsrc sot
Y13 50 Ge rsies f ru 20 4r�1
canpt<s,
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Festival,plinned for25CO tt arernpnts 6r}tuitips
IYV7 - ampsiies- Ast#nr-,duwd df-Atvser nu�.rrs'lus tdntGwifirdCr, i;aMdrd)dfrs-7 t�tl�ar5,hwps
tampsitc 2c,0w tLans#>.Gnn 255rnaia12YIiamafs _
3hsgi 2U.{O gar2f:faadtrxVs rr�in,curia Itesre�nt5,nn of}te �JrdsatMea�atorahas f f
tampets,Mankgcd tr Grdra s,tI t arvan r h _
estimaicd o,'drepermitted fofgcrrftatets2 ATrtsfu. s=.rib.<x Eraarre !u"ea°rup.
p_."it Uve
F"-J.mnosir.9
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Gmrdemea-of the-ro ad—- _roars orl;
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wal:in, §�y'xlt6mufi sfioiwts.pusrp l,&airg
YEAA)mam ledb.,We cams:-Ns sites crsnmaff a.m,.YJ tarpkx4 o,r,�bons OPP arrdpursoas (seoaa[ucafl rts, "
n(f to D x a:otnp dty want,slat enir.Vjl
ftiers, Ucpsnos, e8masefd citeeacpssm ado rdeai urarv,afsis= mrdtc pit aerh soaTchAtipan r;ta too gstgr,�V
YJ tvzr n anadt ErrLejrr4n{t —
locatedontheNorfolk ltvt?Oras {>0tf9,se,i ate es>rrns xfnpiup vai`rtanar�-ta aaniluus sfc•rr.
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foif:rsaorlyiTiCtp ono,Ifp&.
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Y,lg�r re,+�?dv?rnsitp drl� �sa'cs d���:d SAz3iffs tspcakesfa
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{.t7sg7 bas andUa daty,flarimer,c, ed ceps arr<t:nd esamauan
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tapadtytoratttrdant? aad anp#t sir, r0iftbow; nn' Gvh riktt,
andasrr°? ?in�c lanv;
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ienik"O;, Nofinitto rvr;�rl8,s�a#dri sc;,rra!0�ifI; arai�cotAt tt l S,O0S�rgp
and l�8s Festis�, sites,ma on e
wftarprq rmiboiof 4paier aie parEed xi
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Cati(ori:a,85,Vr
art(A tiro ?'at�a-, can�psrl?, t,44,rNfAL?h:rn?x -
attendees(doftampers 13,t x tsnptrs,nxt iFmusthc sites,r.•s4repi gn inmenrMsfcr ttittas,cl;mcd rt6irt;cos c,a ieaf se<ood(at -- --
4millty Gltmofcrtahls' V"4n,*r to i:eianl6,cr\1)'. =nn,+ibnG„sivdfill
act rrab; dj Grrc raGot'�'G,'%k'
«}ygr`I pacnl Hsd'rta, vo'%c-h(s 101111n;slit
firr+xn#rrro•ict; ttta'l orf6r5c+vr1wssnaltw ra.dxtJx ffirinIaorra�z rn,t ttrxtr ro Gnorrr�e'4 s'<rra'*x ish"kr.AFYfa41tin:
comparison of some of the largest music festivals held in Canada as well as a few U.S. examples.This
table provides information which suggests that strong management practices are the norm at these
festivals.These practices may help to manage liability issues, reduce or control impacts to adjacent
property owners and allow for the continued enjoyment of the event by festival patrons.
A. Age of Campers/Alcohol consumption
Reports and images suggest underage drinking was likely occurring on the campgrounds. While camping
is given the same consideration under the law as one's home,that is,drinking is permitted in the family
campsite. It is likely there were participants at the event that were underage and without a parent.
These events are very social in nature, movement of campers from one site to another is generally
encouraged at these events to support the party atmosphere.This makes it very difficult to restrict the
consumption of alcohol at 'home' or'on-site'.We recommend that Republic Live consider restricting the
event to people 19 years of age and over, anyone under the age of 18 should be accompanied by a
parent or guardian.
B. Security of Site
At the event last August,the Kerrigan's noted there were only 2 police officers at the Meadows
entrance.There are also reports that concert goer's ignored and taunted hired security personnel. For
the purposes of effective security and crowd control in the event of an emergency, it is unlikely that two
officers can control or manage enforcement issues that are likely to occur such as underage drinking,the
selling of illegal substances, rowdiness and emergency management.To limit liability and the potential
for dangerous activities we ask that the management plan require: a substantial increase in the number
of police officers and private security over last year to allow for random patrols of the grounds as well as
vehicle and people searches before admittance; that a list of eviction offences be listed on the website,
provided at the event and enforced by security personnel;and that an emergency management plan be
in place and rehearsed;and a police command centre be established with cameras to monitor unlawful
activities(as used at the Gentlemen of the Road concert held in the Norfolk Fairgrounds).
C. Parking and use of Vehicles
Last year,video taken at the event identified that off-road trucks were 'mudding' near the forested area.
This activity is a potential liability, as there is no way to know if the driver is impaired,further the activity
is high risk with spectators nearby and may it result in injury.This type of activity also reduces the
commercial area available for tent camping and may also be in contravention of the requirements of the
ORMCP to'limit activities that may stress the ecological integrity of the moraine'. We ask that the
management plan restrict vehicles to the area of the property designated countryside on the ORMCP
maps and that the vehicles remain in lock up until the event is over and or attendees decide to leave in
which case no, in-outs privileges are permitted. Once they leave they cannot return. This is a common
practice at many of these events.
FIGURE 3—2013 Camping Layout D. Public Health
a. Sanitary facilities
In 2013,we understand 50 privies were provided,the same
number that are displayed on the map included in the OPA
`;o a Boa application (figure 3, provided by Valerie Cranmer and
Associates).According to the Durham Public Health
guidelines for outdoor events with alcohol consumption
503 privies are required for the 20,000 people planned
(249 male/249 female)and 251 hand washing stations.
The number of privies required to run this event continues
to be grossly underestimated. We ask that the applicants
work with Durham Public Health to ensure the health
guidelines for outdoor events are followed to reduce the
potential for infection and the number of campers using
the forest as a washroom.
b. Garbage
Reports from local residents noted that garbage pick-up
was-insufficient clur-ing and-after--the event and that
recycling did not occur. Durham Public Health requires that
garbage be collected not less than once daily. We ask that
the management plan for the event and subsequent events require commercial garbage and recycling
pick up during and after the event to manage health and environmental impacts from the garbage
generated.
E. Noise Curfew
A number of similar outdoor music festivals we researched for best management practices regarding
noise curfews. Most festivals have a noise curfew.The Boots and Hearts event last year restricted
generators operating at certain hours but there was no posted restriction for general noise.We
encourage the event organizers and the management plan team to institute a noise curfew and follow
the by-law for amplified music and general noise so as not to disturb neighbours in adjacent tents.
F. Grounds for Eviction
The events with camping generally post'ground rules'for the festival attendees. Posting rules provides
clear communication to attendees on what is or is not acceptable and provides the management team
and security personnel clear communication on what will not be tolerated as well as providing grounds
for removal or eviction of unruly patrons. We suggest the following grounds for eviction be considered
for this event: underage drinking, breaking noise curfew, misuse of vehicles, moving tent stakes, rowdy
or threatening behavior,similar grounds are instituted at the Big Valley Jamboree.
4. Transportation Plan
The transportation plan has many excellent recommendations. We support many aspects of this plan
and we encourage the applicant and the stakeholders to work together to ensure the recommendations
in this plan are carried out. We would like to suggest that that our client,the Kerrigan's as a rural
stakeholder be included in the discussion and planning for the transportation management.
In Summary,
It is our opinion that the proposed use does not conform to the Oak Ridges Moraine Conservation Plan
for low intensity recreational uses both in terms of the density of the proposed use and the
interpretation of this policy for private commercial use.
If the use is approved there are a number of recommendations we ask the Municipality and other
regulatory agencies to require as conditions for site plan approval and or/event approval for future
events.
)—Limit campers-to-4/site and-increase-plot size. - - - - - - - - - -
2) Restrict the event to people over the age of 19 or accompanied by a parent.
3) Address the possibility of impaired driving by restricting access to cars and keeping off-road
vehicles off-site.
4) No camping, privies,cars or generators in buffer areas.
5) Consult with rural residents concerning traffic management,and have a representative from
the Kerrigan family on the management committee.
6) Encourage carpooling, and provide shuttles to hotels,shops and parking lots in town to
promote economic development.
7) Increase police security,search persons and vehicles, provide enough security personnel
that random police patrols occur at night,develop and rehearse an emergency management
evacuation response and ensure there are enough police officers onsite to deal with
emergency management should the need arise.
8) Post a list of actions that will result in eviction and enforce it.
9) Enforce a 1:30 a.m. noise curfew
10) Sanitation-follow Durham Health guidelines for outdoor events,daily pump out and solid
waste removal, provide recycling.
11) Follow recommendations in the Stantec Transportation Management Plan.
12) Revise the Natural Heritage Evaluation to ensure it based on accurate timing of the events,
the extent of the use and a realistic estimate of the number of patrons onsite.
Thank you for your consideration.
Prepared for: Leslie and Ken Kerrigan
9015 Mosport Road,
Orono, ON
LOB 1M0
Respectfully Submitted by,
Susan Lloyd Swail, MES Pl.
Principal,
Planit Connections Consulting Services
23 Kinsley St,
Nobleton,On LOG 1N0
I
i
Attachment 2
To Report PSD-009-14
SUMMARY OF SUPPORTING STUDIES
Planninq Justification Report, Valerie Cranmer, October 2013
The Planning Justification Report recommends the lands designated General Agricultural Area
be redesignated to the Green Space designation. The consultant relies on the Countryside
Area policies of the ORMCP and opines that the proposed use satisfies the definition of a low-
intensity recreational use as defined by the ORMCP, and finds that the proposal is consistent
with the PPS and ORMCP and would conform to the requirements of the Durham Regional
Official Plan.
The report finds that the development would not have a negative impact on significant natural
heritage features following implementation of the Natural Heritage Evaluation; and, would not
have a negative impact on the agricultural use of the site or on any agricultural operations in
the area. With the implementation of the Traffic Management Plan, the impact on the adjacent
landowners by vehicle access to CTMP prior to and during the event will be greatly reduced.
The report also highlights the local and regional economic benefits.
Natural Heritage Evaluation, Oakridge Environmental Ltd., October 2013
T-he-report-includes the-following-recommendation - - - -
• A 30 metre limited use setback from the Significant Woodland, Key Natural Heritage
Feature;
• A 30 metre limited use setback from the Significant Valleyland;
• A 25 metre setback radius applied to each of the identified Butternut trees where no
activities will be permitted;
• 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 motorize
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 and Significant Valleyland areas;
• No concert events to occur between May 1 and June 30;
• To mitigate any issues associates 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;
• Periodic checks of sites with generators should be conducted to verify that equipment
and containers are not leaking; and
• Proponent should advise patrons upon entry of the environmental sensitivity of the site
and the need to handle fuels appropriately.
Traffic Management Plan, Stantec, October 2013
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.
Phase 1 Environmental Site Assessment, Construction Control Inc., June 2012
Through their investigations, Construction Control Inc. concluded that there is no evidence of
contamination at the site and can perceive no justification for the execution of a Phase 11
Environmental Site Assessment (ESA).
Attachment 3
To Report PSD-009-14
AMENDMENT NO. 96
TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN
PURPOSE: To amend the Municipality of Clarington Official Plan to permit
camping and ancillary uses on parcel 010-110-18500, located in
Part of Lot 1, Concession 8, former Township of Darlington.
BASIS: The amendment is based on an application submitted by Republic
Live Inc. to permit camping and ancillary uses such as portable
washrooms and day parking associated with motor race events and
music festivals on adjacent 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-Sectionl.4 5-as-follows:
"14.5.6 Notwithstanding Section 14.5.2, permitted uses on the
property with tax assessment roll no. 18-17-010-110-18500,
also include unserviced camping and ancillary uses such as
portable washrooms and day parking, as an intermittent and
temporary use, accessory to adjacent lands that permit motor
race events and music festivals, subject to the following:
• Permanent buildings and/or structures related to the
temporary use are prohibited;
• Alteration to grades is prohibited;
• Natural heritage features will be appropriately buffered;
• Site Plan approval will be obtained to address such matters
as site layout; access; temporary fencing, signage and
lighting; and, monitoring of measures to mitigate
environmental impacts;
IMPLEMENTATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended, regarding the implementation of the Plan shall
apply to this amendment.
INTERPRETATION: The provisions set forth in the Municipality of Clarington Official
Plan, as amended, regarding the interpretation of the Plan shall
apply to this amendment.
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Attachment 4
To Report PSD-009-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2014-
being a By-law to adopt Amendment No. 96 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. 18-17-010-110-18500 located in Part of Lot 1,
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. 96 to the Clarington Official Plan being the attached Explanatory
Text is hereby adopted.
2. This By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW passed in open session this 27'"day of January, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
Attachment 5
To Report PSD-009-14
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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 2013-0016;
NOW THEREFORE BE IT RESOLVED THAT,the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 15.0"TEMPORARY ZONES" is hereby amended by deleting the word
"RESERVED", including the brackets from the title and by adding the following:
"15.1 T-1 TEMPORARY ZONE ONE
a. Permitted Uses
i) Agriculture Uses
ii) Camping and vehicle parking associated with permitted uses on
adjacent 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
i) Yard setback to dripline of woodlot 15 metres
ii) Yard setback to property with a residential use 15 metres
iii) The lands may only be used for camping between July
15th and August 15tH
iv) The lands may only be used for vehicle parking from
July 15th to September 10tH
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 January
26, 2017,
3. Schedule"E12"to By-law 2005-109, as amended, is hereby further amended by
changing the zone designation from
"Agricultural(A)Zone"to"Holding—Temporary(T-1)Zone"; and
"Environmental Protection (EP)Zone"to"Holding—Temporary(T-1)Zone".
4. Schedule"A"attached hereto shall form part of this By-law.
6. 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.
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BY-LAW passed in open session this 27th day of January, 2014.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2014- ,
passed this day of , 2014 A.D.
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