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HomeMy WebLinkAboutPSD-009-14 Addendum Staff Report# 1 ClafingWfi REPORT PLANNING SERVICES DEPARTMENT Meeting: COUNCIL Date: January 27, 2014 Resolution#: ' By-law#: �}�' C 7 Addendum to 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 to Council the following: 1. THAT Addendum to Report PSD-009-14 and Report PSD-009-14 (Attachment 2) 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 of Report PSD-009-14, be adopted, and the By-law adopting the Official Plan Amendment contained in Attachment 4 to Report PSD-009-14 be passed; 3. THAT a Temporary Use By-law allowing camping and ancillary uses, with a (H) Holding Symbol, be approved as contained in Attachment 1 to Addendum to Report PSD-009-14; 4. THAT the changes to the Temporary Use Zoning By-law, outlined in paragraph 2.4, be deemed as minor and a further public meeting not be required; 5. 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, the By-law authorizing the removal of the (H) Holding Symbol be approved; 6. THAT the Durham Regional Planning Department and Municipal Property Assessment Corporation be forwarded a copy of Addendum to Report PSD-009-14 and Council's decision; and 7. THAT all interested parties listed in Addendum to 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 ADDENDUM TO REPORT NO.: PSD-009-14 PAGE 2 Submitted by: ley Reviewed by: Davi . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer ATS/C P/df 22 January 2014 ADDENDUM TO REPORT NO.: PSD-009-14 PAGE 3 1. BACKGROUND 1.1 Staff submitted a recommendation report PSD-009-14 to the General Purpose and Administration Committee on January 20, 2014. 1.2 Resolution #GPA-032-14 was carried, as follows: "THAT Report PSD-009-14 be received; 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 of Report PSD-009-14, be adopted; and-the By-law adopting the Official Plan Amendment contained in Attachment 4 of Report PSD-009-14 be passed; THAT a Temporary Use Zoning By-law Amendment allowing camping and ancillary uses, be approved as contained in Attachment 5 of Report PSD-009-14, with the following amendment: "Section 1b be amended to insert a new Section (v) as follows: `Without limiting the generality of Section 1 b, Subsections (iii) and(iv), the lands may only be used for camping and/or vehicle parking for motorsport events from May 1st to October 10th; and the total number of days for camping and/or vehicle parking not exceed ten. THAT the changes to the Temporary Use Zoning By-law, outlined in paragraph three, be deemed as minor and a further public meeting not be required; 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; 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 THAT all interested parties listed in Report PSD-009-14 and any delegations be advised of Committee's decision within one business day such that they have the opportunity to attend the Council meeting of January 27, 2014 to speak to this matter." 2. DISCUSSION 2.1 Following the General Purpose and Administration Committee meeting on Monday, January 20, 2014, a letter was sent to all interested parties notifying them of the revision to the recommended temporary use by-law. A copy of Resolution #GPA-032-14 was attached to the letter. The letter was also sent via email to all interested parties except three for which no email addresses are recorded. Notice was completed by end of the business day on Tuesday, January 21, 2014. ADDENDUM TO REPORT NO.: PSD-009-14 PAGE 4 2.2 Planning and Legal staff reviewed the changes made by the General Purpose and . Administrative Committee to the temporary use by-law and have noted that slight adjustments to the proposed temporary use by-law would help to clarify Council's intent and eliminate possible confusion regarding the provisions. 2.3 Staff understand that the intent is to limit camping and parking use on the subject lands related to one music festival. The revised by-law now makes specific reference to "a" music festival. 2.4 The use of the subject lands for camping and parking in conjunction with motor vehicle race events would be authorized for up to 10 days between May 1St and October 10th. The days the lands are used for camping and parking for a music festival would not count toward the 10-day maximum for race events. The by-law uses the defined term "motorized recreational competition". 2.5 A revised temporary use by-law is provided as Attachment 1 for your consideration. 3. CONCURRENCE — Not Applicable 4. CONCLUSION 4.1 In consideration of the findings of all supporting studies, comments received from circulated agencies, area residents and the public, and based on review of the proposal, staff recommends that the proposed Temporary Use By-law (Attachment 1) 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 X 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 - Proposed Temporary Use By-law Attachment 2 — PSD-009-14 ADDENDUM TO REPORT NO.: PSD-009-14 PAGE 5 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 Addendum 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 nos. 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 be used for camping and vehicle parking for a music festival only between July 15th and August 15th iv) The lands may be used for camping and vehicle parking for motorized recreational competition events for a maximum of 10 days in any calendar year only between May 1st and October loth.,' 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 27, 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-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. 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. W Z Z a Y U Z O Z Z aaia°aaa a � . Ja'JJa a>aaJaaaJaaJJ a)aNa�ajaa>aJJ aaai�a JJa aaaa a>>J>aJJa aaaa>aJ D aaJa a>aaaaaJaa N ® Zoning Change From"A"To"(H)T-1" ®Zoning Change From"EP"To"(H)T-1" ;a�>> Zoning To Remain"EP". Zoning Change From"NL"To"(H)T-1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk ~ o N = i REGIONAL ROAD 20 D O REGIONAL ROAD 20 CONCESSION ROA } ZO D Ui o O O N o w w �i Z K W Z [D Q Darlington & ROAD ° ZBA2013-0016 Y SKELDING LS HEDULE 1 Attachment 2 To Addendum to Report PSD-009-14 PLANNING ciffiDgwn REPORT E I Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: January 20, 2014 Resolution#: 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/C P/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 Plen 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 0 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. Figure I - Grey Map LU CL x L r tD at/Ob 12JOd50W J o '•I OdO?J�3NJ�NM01�3�1b�.�NC�l�NIl21V0 - :, , s.,-. _ G� I U •N' r�� � is .fl {Y�drQ Vr .lt w a3�ly T% I a I t `.+ ', ::Fyn � ri � •r� -% "� . t. , I _ `J• REPORT NO.: PS D-000-14, PACE 6 3. LAND CCU „ R„CTE=R=iCS AND SURROUNDING USrS 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 e Boots and Hearts FesUvai +A " 1 - . _ ` t r i A. 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, i 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 "NL" 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.; PSD-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-009-14 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 I 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-tuber-of-issues with-the-management-of-the-Boot-s-and-Hearts-f-es-tival-last-year. 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 i 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 9t"Council meeting so that it becomes part of the public record for this file. 1. 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. 1037 Sec. 9 (4).The size of the campsites would be considerably larger. The Act states "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. r 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 10.13.2.2. 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 requirements seem to be more consistent with the low intensity recreational uses 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 persite 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 9t", 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. 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Jim - , cv,P6' C'IIIIECrOP f •?"t:if yuiNd.I_ng jh�%IUp J9:@sSlflE +Ei4i,iY'c'SC2t41 ri!Rtt?'e�:51C IG'-�fcsn�s,35,C.0 �r•f;r,:a�;:rg t,39a?:, rat+trsite, rL4rls;rf31}:ekr;r,7_>.e; 1 --_--- j a187;I c;i.'I(+tr S,*'!.t:!(lenfrti?he P4tfits;3,;l;;ur4 �t`.tiir.4tt cil sr�.n"!Crt i+::urt:hal trcndwsi#aPssn�irssire),rr:sh�f:isir, in{rn65�akt' ? i ;mill:'i�• GI<ttnd+rt:ihl�l�,rraq;a'fplfi`y p; }j t-+:?a?v 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 — -�-�_ 11 a. Sanitary facilities In 2013,we understand 50 privies were provided,the same number that are displayed on the map included in the OPA �,1Va51tr Barb Pads '.,Tf�'�+'� �..�; . , r 70 per pod application (figure 3, provided by Valerie Cranmer and I� Associates).According to the Durham Public Health A rent guidelines for outdoor events with alcohol consumption .oaQt� 1 503 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 fff { fff { the forest as a washroom. �. b. Garbage tsaot�ae Reports from local residents noted that garbage pick-up was insufficient during and after the event and that f 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. 1) 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 PI. Principal, Planit Connections Consulting Services 23 Kinsley St, Nobleton,On LOG 1N0 Attachment 2 To Report PSD-009-14 SUMMARY OF SUPPORTING STUDIES Planning 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 The report includes the following recommendations: • 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 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 and Significant Valleyland areas; • No concert events 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; • 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 I Environmental Site Assessment Construction Control Inc. June 2092 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 II Environmental Site Assessment (ESA). i 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 Section 14.5 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. PC, gm Li 1A)" Nfl A 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 271"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. p 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. W Z Z a Y U Z O Z Z aaia°aaa a � . Ja'JJa a>aaJaaaJaaJJ a)aNa�ajaa>aJJ aaai�a JJa aaaa a>>J>aJJa aaaa>aJ D aaJa a>aaaaaJaa N ® Zoning Change From"A"To"(H)T-1" ®Zoning Change From"EP"To"(H)T-1" ;a�>> Zoning To Remain"EP". Zoning Change From"NL"To"(H)T-1" Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk ~ o N = i REGIONAL ROAD 20 D O REGIONAL ROAD 20 CONCESSION ROA } ZO D Ui o O O N o w w �i Z K W Z [D Q Darlington & ROAD ° ZBA2013-0016 Y SKELDING LS HEDULE 1