.
INNOVATIVE PLANNING SOLUTIONS
planners  project managers  land development
PLANNING JUSTIFICATION REPORT
Burls Creek Events Ground Inc.
Township of Oro-Medonte
150 DUNLOP STREET EA ST, SUITE 201, BARRIE ONTARIO L4M 1B1
Tel: (705) 812-3281
Fax: (705) 812-3438
Email: INFO@IPSCONSULTINGINC.com
.
BURLS CREEK EVENTS GROUND INC
Township of Oro-Medonte
COUNTY OF SIMCOE
Part of Lots 22 & 23, Concession 9
Part of Lots 21 & 22, Concession 8
Former Oro
APPLICATION FOR
TEMPORARY USE BY-LAW
PREPARED BY
INNOVATIVE PLANNING SOLUTIONS
150 DUNLOP STREET EAST, SUITE 201
BARRIE, ONTARIO L4M 1B1
TEL: (705) 812-3281
FAX: (705) 812-3438
MARCH 2015
150 DUNLOP STREET EA ST, SUITE 201, BARRIE ONTARIO L4M 1B1
Tel: (705) 812-3281
Fax: (705) 812-3438
Email: INFO@IPSCONSULTINGINC.com
TEMPORARY USE BY-LAW APPLICATION
BURLS CREEK EVENTS GROUND INC.
TABLE OF CONTENTS
1.0
INTRODUCTION
1
2.0
SITE DESCRIPTION AND SURROUNDING LAND USES
2
3.0
EXISTING PLANNING FRAMEWORK
3
3.1
Existing Zoning
3
3.2
Existing Temporary Use By-law
4
4.0
TEMPORARY USE DURATION & EVENT SCHEDULE
4
5.0
DEVELOPMENT PROPOSAL
6
5.1
Conceptual Site Plan
7
5.2
Definitions of Events
7
6.0
7.0
PLANNING POLICY AND ANALYSIS
9
6.1 Township of Oro-Medonte Official Plan
9
6.2 Provincial Policy Analysis
17
CONCLUSION
17
FIGURES
FIGURE 1:
Aerial Photo of Subject Lands
TABLE 1:
Event Schedule
1
TABLES
5
APPENDICES
APPENDIX 1:
APPENDIX 2:
APPENDIX 3:
APPENDIX 4:
APPENDIX 5:
APPENDIX 6:
Temporary Use By-Law
IPS File No. 14-531
Excerpt from Zoning Bylaw 97-95
Temporary Use By-law 2014-111
Site Plan
Draft Temporary Use By-law
Official Plan Excerpt
Servicing Letters
March 2015
Temporary Use Bylaw Application
1.0
INTRODUCTION
Innovative Planning Solutions has been retained by Burls Creek Event Grounds Inc.
to complete a Planning Justification Report in relation to a Temporary Use Bylaw
application to permit a number of special events for a period of up to three years. The
Temporary Use Bylaw Application is being submitted with the understanding that
comprehensive Official Plan and Zoning Bylaw Amendment applications are being
prepared to address the permanent use of the subject lands. The entire land holdings
encompass approximately 230.6 hectares (569.8 acres) with approximately 834.4
metres of frontage on Line 7 South, 1358.9 metres of frontage on Line 8 South, 233.9
metres of frontage on Line 9 South and 678.5 metres of frontage on Highway 11
North. Figure 1 illustrates the location of the property.
Figure 1:
Location of Subject Lands
Source: County of Simcoe Interactive Mapping
IPS File No. 14-531
March 2015
Page 1
Temporary Use Bylaw Application
2.0
SITE DESCRIPTION and SURROUNDING LAND USES
The site contains a mixture of existing uses including an Event Park with a private
road system and camping areas, a race track/speed way, a commercial area in the
southwest corner of Line 8 and Highway 11, agricultural uses, forested areas and
natural heritage features. The site is generally flat with some minor depressions
namely associated with the Burls Creek tributary which generally runs in a north
south direction between Line 7 and Line 8. The largest forested area is located in the
southeast corner of the property which has been used historically for maple syrup
production.
The Official Plan designates the lands as Agricultural, Eight Line Special Policy Area
and Environmental Protection One. Portions of the site are located within the Oro
Centre Secondary Planning Area which designates those lands as Oro Centre –
Limited Service Industrial.
The Zoning Bylaw currently zones the lands as General Commercial (GC),
Agricultural/Rural Exception (A/RU*32) & (A/RU), Rural Residential Two (RUR2),
Private Recreational Exception (PR*30) & (PR*31), and Environmental Protection
(EP).
Surrounding land uses include the following:
North:
Highway 11 and predominantly agricultural lands with pockets of
rural residential and economic development (Line 9 and Highway
11) properties. The Lake Simcoe Regional Airport is located to
the northwest, approximately 1.2km along Line 7 N.
West:
Township of Oro Medonte Municipal Office, Institutional Use
(Church), pockets of rural residential and environmental
protection lands. Fronting Highway 11, several properties zoned
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
General Commercial exist along Highway 11 N along with lands
within the Oro Centre Secondary Plan.
South:
Predominantly agricultural and rural residential lands. The Oro
Station Settlement area and the shores of Lake Simcoe.
East:
Agricultural lands and lands zoned as Economic Development at
the Line 9 N and Highway 11 intersection.
3.0
PLANNING FRAMEWORK
3.1
EXISTING ZONING
The historical Burls Creek Event Park enjoys two (2) separate Private Recreational
Exception Zones (PR*30 & PR*31) over approximately 41.8 ha (103.3 acres) and
9.56 ha (23.62 acres) respectively. The lands zoned PR*30 are commonly known as
Burls Creek Event Park. The lands zoned PR*31 are commonly known as the Barrie
Speedway. An excerpt from the Zoning Bylaw is attached under Appendix 1.
These zones permit a number of Special Events such as an agricultural fair,
automotive flea market, boat show, country festival and highland games. The bylaw
specifically prohibits a rock music or heavy metal show and does not permit the
construction of permanent buildings or structures for a temporary special event.
Definitions for certain special events are provided; however, not all special events
contain definitions. For example, a country festival or craft and hobby show is not
defined. There have also been a number of other special music events (i.e. Jack
Johnson, Tragically Hip Show, CMT Music Festival) over the years that have
attracted a large attendance.
Concession booths and overnight camping in conjunction with, and accessory to, a
permitted special event is permitted. Parking for the temporary special event is also
permitted. Temporary events shall not run more than nine consecutive days and
each temporary special event shall be followed by three consecutive days where no
temporary special event shall take place. A maximum of 100 days in any calendar
year are permitted for temporary special events.
IPS File No. 14-531
March 2015
Page 3
Temporary Use Bylaw Application
Under the Private Recreational Exception (PR*31) Zone, additional permitted uses
include a motor vehicle race track, private parks, recreational uses along with all of
the uses and restrictions in the Private Recreational Exception (PR*30) Zone.
Approximately 48.67 ha (120.3 acres) are zoned Agricultural/Rural Exception
(A/RU*32).
This zoning exception does not permit the construction of new, or
additions to existing buildings. Approximately 127.63 ha (315.38 acres) are zoned
Agricultural/Rural and are subject to the standard provisions in the Comprehensive
Zoning By-law for this zone. A small portion of the site is also zoned Environmental
Protection.
3.2
EXISTING TEMPORARY USE BY-LAW
A portion of the subject property (74.96 ha) (185.23 acres) is currently subject to Bylaw 2014-111. This is a Temporary Use By-law that remains in effect until November
1st, 2015. The lands covered within this By-law can be temporarily used for overnight
camping and parking accessory to the temporary special events. This Temporary
Use By-law can be reviewed under Appendix 2.
4.0
TEMPORARY USE DURATION and EVENT SCHEDULE
A preconsultation meeting with the County of Simcoe and Township of Oro-Medonte
Planning Departments occurred on January 16th, 2015.
At this meeting, a
determination was made regarding the required studies for submission of a complete
Official Plan and Zoning Bylaw Amendment applications. Some of these studies will
require site analysis for a period of up to one year prior to report completion (i.e.
Environmental Impact Study). With these requirements, the application submission
cannot happen until Winter 2015/2016. The planning process to have a decision
rendered by the County of Simcoe and Township of Oro-Medonte on an Official Plan
Amendment application is typically one to one and a half years. The timeline can be
further extended should an appeal to the Ontario Municipal Board be filed. A three
year temporary use by-law is being requested based on this expected timeline. For
the 2015 season, the following events are scheduled for the subject lands:
IPS File No. 14-531
March 2015
Page 4
Temporary Use Bylaw Application
Table 1: Event Schedule
Event
Date (2015)
Event
Camping Attendance
Days
Days
Huronia Fur & Feathers Spring
May 3
1
0
300
Spring Flea Market
June 4-7
4
5
10000
1
2
1000
1
2
8000
13
40000
Barrie Friendship Centre Pow June 20
Wow
Contemporary
Music
and June 27
Music
and July
Camping Festival
Contemporary
Camping Festival
24-26, 10
August 6-9,
(per festival)
TBD
Tough Mudder – Parking only
August 15
1
0
Contemporary Music Concerts
TBD
6
0
20000
Automotive Flea Market
September
4
5
10000
1
0
300
13
0
800
15
0
500
58
27
10-13
Huronia Fur and Feathers Fall
September
27
Recreational Soccer Club
Wednesday
Evenings
Farmers Market
Friday
Afternoons
Totals
Note: The event schedule is subject to change, however no additional event days or camping
days will be permitted
5.0
DEVELOPMENT PROPOSAL
IPS File No. 14-531
March 2015
Page 5
Temporary Use Bylaw Application
The purpose of the Temporary Use By-law is to permit Special Events as identified in
Table 1 for a period of 3 years. The proposed Temporary Use Bylaw is twofold:
Firstly, the temporary use bylaw seeks to permit the following Special Events on
lands predominantly zoned Private Recreational Exception (PR*30 & PR*31) (50.68
ha) as shown in Schedule A of the By-law. Some of these special events are already
permitted or have occurred on site.
They have been underlined for ease of
reference:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Huronia Fur & Feathers
Flea Market
Barrie Friendship Centre Pow Wow
Tough Mudder Parking
Contemporary Music and Camping Festival
Contemporary Music Concert
Automotive Flea Market
Recreational Soccer Club
Farmers Market
Secondly, the temporary use bylaw seeks to permit the following Special Events on a
portion (139.33ha) of the subject lands as shown in Schedule B of the By-law:
a.
b.
c.
d.
e.
f.
Huronia Fur & Feathers
Flea Market
Tough Mudder Parking
Automotive Flea Market
Recreational Soccer Club
Farmers Market
Similar to the existing Private Recreational Zones (PR*30 & PR*31), provisions for
the duration and number of permitted special events as well as the maximum
capacity for events is included. For the duration of the temporary use bylaw, special
events shall not run for more than five (5) consecutive days and any special event
which runs for more than two (2) consecutive days shall be followed by two (2)
consecutive days where no temporary special event shall take place on the lands.
Special events shall not run for more than fifty eight (58) days in any calendar year
as opposed to current permission of 100 days. Camping is permitted for no more
than twenty seven (27) nights in any calendar year.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
5.1
CONCEPTUAL SITE PLAN
A conceptual site plan has been created to demonstrate how the lands will be utilized
during large scale special events and to demonstrate the camping/parking sites for
vehicles and recreational vehicles (Appendix 3).
5.2
DEFINITIONS OF EVENTS
For the purpose of the bylaw, the following definitions are provided to better
understand the nature of those events which have not been previously defined under
Section 7.30.4 in Zoning Bylaw 97-95.
Huronia Fur and Feathers – Huronia Fur and Feathers means a temporary special
event operated by Huronia Fur and Feathers, or similar organization for the purpose
of:
a) Exhibiting animals and/or birds for the purpose of buying, selling or trading
and which may include an assembly of vendors offering items for sale to the
public which are associated with the event. This does not include a flea
market.
Contemporary Music Concert – means a music concert which features
contemporary popular music genres that are not primarily or predominantly rock
music or heavy metal music. Groups of or individual vendors are permitted to offer
goods for sale including but not limited to the sale of food, beverage and other goods
during the event.
Barrie Friendship Centre Pow Wow – means a native dance and arts festival
operated by the Barrie Friendship Centre, or other similar native group/friendship
centre. Groups of or individual vendors are permitted to offer goods for sale including
but not limited to the sale of food, beverage and other goods. Native dance and
musical performances are permitted.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
Tough Mudder (parking only) – means parking associated with the Tough Mudder
event shall be permitted. No vendors or entertainment is permitted.
Contemporary Music and Camping Festival - means a music festival which
features contemporary popular music genres that are not primarily or predominantly
rock music or heavy metal music. Groups of or individual vendors are permitted to
offer goods for sale including but not limited to the sale of food and beverage during
such festivals. Camping and contemporary music concerts are permitted for the
duration of the event.
Recreational Soccer Club – shall mean recreational soccer clubs operated by
municipal and/or non profit organizations. Recreational soccer games are permitted.
Farmers Market – shall mean an event (market) operated by a group of or individual
farmers and/or vendors for the purpose of:
a) the exhibiting and sale of agricultural goods and products, including
primarily vegetables, fruits, meats, flowers and other similar food,
beverage and products.
Flea Market – Means a retail sales area held in an area in which groups of individual
vendors are permitted to temporarily exhibit, store and sell merchandise, goods,
wares, produce, crafts and arts for the utilization and consumption of the general
public. The sale of livestock is not permitted.
Automotive Flea Market - Means a retail sales area held in an open area in which
groups of individual vendors offer goods for sale to the public. Goods offered for sale
shall be comprised primarily of motor vehicles, motor vehicle parts, motor vehicle
accessories, recreational vehicles and equipment and collectibles. No long term
leases between the vendors and operators are permitted and the vendors use their
own motor vehicles or set up temporary structures for their wares.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
Temporary Special Event – Means events of limited duration organized by
community, service, cultural, religious family, corporate, political, ethnic or other
similar organizations or the owner of the lands on which the event is occurring,
excluding an event held by a group promoting religious or racial hatred.
A copy of the draft temporary use bylaw can be reviewed under Appendix 4.
6.0
PLANNING POLICY AND ANALYSIS
6.1
TOWNSHIP of ORO-MEDONTE OFFICIAL PLAN
Planning Staff for the Township of Oro Medonte have been
working to update the Township Official Plan, in particular
Section
E1
on
Implementation
Tools
which
includes
requirements for the consideration of a complete application.
The updated Section E1 has been provided by the Township
and has also been reviewed for the purpose of this report, and is attached as
Appendix 5.
The subject lands are designated Eight Line Special Policy Area, Agricultural,
Environmental Protection One and within the Oro Centre Secondary Planning Area
Oro Centre – Limited Service Industrial.
Section E1.3 of the Official Plan provides policy direction for the consideration of
Temporary Use Bylaws.
The municipality may pass temporary use by-laws
permitting temporary housing, temporary accommodation facilities, tourist uses and
facilities, parking lots, events and industrial uses related to the resource base of the
area and other similar uses. Such a use shall generally conform to the intent of the
Official Plan. A further reference to Section 34(10.1), Schedule 1 Subsection 13 of
the Planning Act has also been noted which further reinforces the need to ensure
general conformity with the Official Plan.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
The Official Plan has recognized the Burls Creek Event Grounds as a private
recreational park for a considerable period of time.
Section A2.7 Economic
Development states that it is a goal of this Plan to create jobs and to provide
opportunities for economic development.
Section A2.7.2(m) encourages the
expansion and diversification of existing recreational uses so that these uses can
take advantage of their market potential. This application will create new a number
of permanent and special event related employment opportunities. Employment and
economic statistics relating to this application are outlined in our Economic Impact
Analysis, prepared by UrbanMetrics Inc., provided under separate cover. The private
recreational park is proposed to be expanded on a temporary basis to offer a variety
of new special events to service the province, region and local municipality.
Section B2 provides policies relating to the Environmental Protection One
designation.
The application does not offend any policies contained within this
designation.
The objectives contained under Section C1 – Agricultural and Section C17 Oro
Centre Secondary Plan will be addressed in extensive detail through the submission
of the Official Plan and Zoning Bylaw Amendment applications.
They are not
considered to impact the Temporary Use Bylaw application given the duration
through which the proposed uses can be permitted and the fact that no permanent
buildings or structures are proposed. Section E1.3 ensures that temporary use
permissions can revert the lands back to their pre-existing condition.
Section 15 of the Official Plan speaks to this private recreational park permitting a
number of special events for a total of 100 calendar days. The temporary use bylaw
proposes to restrict the number of special event days to 58 calendar days. The type
of events that are proposed are similar in nature to the events permitted under
Section 15.2.1 and other events that have occurred on site with Township approval.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
In accordance with Section D1.5, a Traffic Impact Study has been prepared to
support the proposed Temporary Use application which will be reviewed by the MTO
and Township for their approval.
Having completed this analysis, the following application is considered to conform to
the general intent of the Official Plan.
Section E1.3 continues to state that temporary uses may be authorized for a specific
time period up to three years and should be applied where it is considered
inappropriate by the municipality to permit the proposed use on a permanent or
continuing basis and where alternatives such as relocation are not practical. This is
an interpretative policy that does not specifically state the only circumstances through
which a temporary use bylaw can be submitted. The 2015 schedule of events does
not provide enough time for permanent planning applications to be decided upon to
establish the permanent use of the lands. A Temporary Use Bylaw is one of the only
planning tools available under this circumstance.
Prior to the approval of a temporary use Zoning By-law, Council shall be satisfied that
the following principles and criteria are met:
a) The proposed use shall be of a temporary nature and shall not entail any
major construction or investment on the part of the owner so that the owner
will not experience undue hardship in reverting to the original use upon the
termination of the temporary use;
Comment:
The proposed uses are temporary in nature and will take place in accordance with
Table 1 and Section 5 above. The longest tenured event will run for a duration of no
more than 5 consecutive days and will be followed by at least 2 days where no
events are occurring. Currently there are earthworks being completed on site to
create natural Amphitheatres to hold events on the property, however this investment
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
is located on lands zoned for their lawful use (PR*30 & PR*31). Earthworks beyond
the lands zoned PR*30 and PR*31 have also occurred with the objective of creating
a more accessible site for the proposed events.
Beyond the entry gates which
consist of temporary toll booths on gravel pads located on Line 7 and Line 9, no
additional structures are required nor proposed to facilitate the proposed temporary
uses. A tree planting program has been established and the site will begin to benefit
from the installation of 435 trees beginning in the spring of 2015. The cost to remove
structures associated with the temporary uses are minimal and is not considered to
be a major investment on behalf of the owner.
b) The proposed use shall be compatible with adjacent land uses and the
character of the surrounding neighbourhood;
Comment:
The Burls Creek grounds have historically been used for events permitted under the
Private Recreational Exception Zones. Additional events have also occurred (i.e.
Tragically Hip) based on extended permissions by the municipality.
The adjacent land uses are generally Agricultural and/or Rural in nature with vast
open lands. The proposed temporary uses will extend 58 out of 365 days, 28 of
which are scheduled for recurring recreational soccer and a farmers market which
serve so cultivate neighbourhood relations. No permanent buildings or structures are
proposed that would affect neighbourhood character. Every effort will be made to
mitigate impacts on adjacent land uses during event days as evidenced by the
accompanying traffic impact studies.
Buffers between existing dwellings and
camping and parking areas are also proposed. Visual buffers in the form of
vegetation may also be considered.
Further mitigation measures will be
implemented through the Special Event Permitting process which requires the
approval of the Ontario Provincial Police, the Alcohol and Gaming Commission of
Ontario, Ministry of Transportation, EMS, and the Township of Oro-Medonte Fire
Department among other governmental agencies.
IPS File No. 14-531
March 2015
Page 12
Temporary Use Bylaw Application
The uses proposed for the site do not require additional infrastructure. The Township
noise bylaw will require compliance for all special events.
This area has been
recognized as an area where special events have occurred. It forms part of the
character of the neighbourhood. Some of the pre-existing uses are being eliminated
(i.e. Barrie Speedway) while new special events are being proposed all of which are
consistent with this private recreational park.
c) The proposed use shall not require the extension or expansion of existing
municipal services;
Comment:
No extension or expansions of municipal services is required as the site will be
accessed from existing municipal roads (Line 7 S, Line 8 S and Line 9 S). No
additional servicing will be provided on site beyond what currently exists. During
large scale events which warrant additional facilities, temporary servicing options will
be utilized (portable toilets, trucked potable water) to meet the needs of attendees at
the sole expense of the property owner.
Specific to the Wayhome Music and Arts Festival (July 24-26) and the Boots and
Hearts Country Festival (August 6-9) - both of which are considered Contemporary
Music and Camping Festivals - Super Save Toilet Rentals has been retained to
provide sewage services in the form of portable toilets. A letter outlining how sewage
will be stored, removed and treated following events has been provided and attached
as Appendix 6. This letter also provides details with respect to number of portable
toilets, when and how they will be maintained and where waste will inevitably be
treated off site.
Blacks Water Supply has been retained to provide potable water for both the
Wayhome Music and Arts Festival and the Boots and Hearts Country Festival. A
letter outlining the proposed Bulk Water Plan has been provided by Blacks Water
Supply and is attached as Appendix 6.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
With respect to garbage maintenance, Clean Vibes has been retained to provide
garbage maintenance and disposal during and after permitted temporary special
events as necessary. A letter outlining the proposed services relative to garbage
management and disposal has been provided under Appendix 6.
Regarding power supply for RV camping, Stronco Electrical Services has been
retained to provide electrical power for large scale events. A letter detailing how this
service will be provided is attached under Appendix 6.
d) The proposed use shall not create any traffic circulation problems within the area
nor shall it adversely affect the volume and/or type of traffic serviced by the area’s
roads;
Comment:
One of the main objectives of this temporary use bylaw is to provide for additional
lands for overnight camping and parking during large scale festivals and special
events. The permission for such uses will encourage festival attendees to remain on
site for the duration of the events thereby reducing the overall traffic impacts. The
lands currently zoned as PR*30 and PR*31 are permitted a number of large scale
special events and similar to By-Law 2014-111, this application intends to ensure that
more on-site parking and camping is provided which will reduce the need for in and
out traffic through the duration of events.
Another important consideration to the lands proposed for camping and parking is the
ability to gain access to the Line 7 and Line 9/Highway 11 interchanges which will
have the effect of dispersing the traffic congestion issues previously experienced at
the event park. The direct access to these interchange locations will also reduce the
traffic on the local road system.
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
A detailed Traffic Impact Study as well as a Transportation Plan has been prepared
by CC Tatham and Associates and Creighton Manning respectively. These reports
are being submitted under separate cover. The intent of the report prepared by CC
Tatham and Associates is to examine the impacts of the range of special events and
determine if their impacts warrant improvements to the local road network whereas
the report from Creighton Manning is intended to demonstrate how vehicles will
access the site during large scale events to ensure the orderly flow of vehicles in and
around the site.
e) Parking facilities required by the proposed use shall be provided entirely on-site;
Comment:
Parking facilities are currently provided on a portion of the event grounds and further
permitted by the existing temporary use bylaw (2014-111). The proposed temporary
use bylaw is intended to secure additional on-site parking and camping for large
scale events where attendees will park their vehicles adjacent to their campsites. All
parking facilities required by the proposed uses and events can be accommodated
entirely on site as demonstrated in the traffic reports prepared by Creighton Manning
and CC Tatham.
f) The proposed use shall not warrant the need for road improvements during the
term of the use; and
Comment:
During large scale events, access to the property by the general public will be
achieved from both Line 7 South and Line 9 South. Access from Line 8 South will be
restricted during large scale events. All three roads which provide access to the
property are currently improved and accommodate existing special events.
Depending on the scale of each event, access from one of or a combination of Lines
7-9 S will be provided without the need for any road improvements during the term of
IPS File No. 14-531
March 2015
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Temporary Use Bylaw Application
the temporary uses. Further analysis on the need for road improvements has been
provided in the Traffic Impact Statement prepared by CC Tatham.
g) The proposed use shall generally be beneficial to the neighbourhood or the
community as a whole.
Comment:
The use of the lands as an event grounds has long attracted various special events
from large scale concerts to smaller scale markets, art festivals and automobile
racing. Each temporary special event provides an opportunity for a number of local
businesses to showcase and provide their products. Attendees to special events are
catered to by food vendors, local farming operations, local artists, and a variety of
other merchandisers. A number of proposed special events support local businesses
directly, such as the Automotive Flea Market, Farmers Market, Spring Flea Market
and the Barrie Native Friendship Center Pow Wow, while other, large scale events
will provide for indirect economic spin off for the municipality and County as a whole.
The use of the lands for local recreational soccer also provides residents of the
community the opportunity for organized youth recreation. In terms of employment,
jobs will be created in a variety of capacities during special events ranging from
security, traffic ushers, food servicing, caterers, merchandisers etc. An economic
impact study has been prepared by UrbanMetrics Inc. to better demonstrate the
economic spin-off as a result of the proposed uses including anticipated revenue,
consumer spending, job creation and additional tax revenue. This report has been
submitted under separate cover.
IPS File No. 14-531
March 2015
Page 16
Temporary Use Bylaw Application
6.2 PROVINCIAL POLICY ANALYSIS
A review of the Growth Plan for the Golden Greater Horseshoe
and the Provincial Policy Statement has been completed. Both
policy documents place emphasis on the protection of natural
heritage features, transportation networks, and promoting
economic development and tourism. The land area required for
this event park does not allow this use to be contemplated
within any settlement area, particularly, those located within
Simcoe County. A portion of the subject lands are also already
designated and zone for private recreational uses.
A
comprehensive assessment will be completed through the
submission of the Official Plan and Zoning Bylaw Amendment applications. Based
on the temporary nature of the proposed uses, the proposed application is consistent
with the policy statements issued under subsection 3(1) of the Planning Act,
specifically the Provincial Policy Statement and Growth Plan and represents good
planning.
7.0
CONCLUSION
The temporary use bylaw seeks permission to permit a number of new special events
and reduce the number of event days from 100 to 58 calendar days. In order to
accommodate larger special events, an expanded camping and parking area is
proposed which will not exceed more than 27 calendar days. No camping in
association with a special event will be permitted for a duration of more than five (5)
nights, while temporary special events will be permitted for a duration of no more
than five (5) consecutive days. Based on the work required to develop a natural
amphitheatre setting, some local special events are being relocated onto lands that
are currently not zoned from their permanent use. This is due to providing a level
surface for certain events. The new Burls Creek Events Grounds has also eliminated
the speedway use from the neighbourhood.
IPS File No. 14-531
March 2015
Page 17
Temporary Use Bylaw Application
The temporary use bylaw would allow the proposed uses on a temporary basis in
accordance with Section E1.3 of the Official Plan with the understanding that a
comprehensive submission for Official Plan and Zoning Bylaw Amendment
applications is expected in late 2015. Based on the length of time required for a final
decision on these applications, a three (3) year temporary use by-law is being
requested.
An analysis of the Official Plan indicates that this application generally conforms to
the Official Plan and complies with Section E1.3.
This application also has
compliance with the Provincial Policy Statement and Growth Plan for the Golden
Greater Horseshoe. The special events proposed have far reaching interest from a
national, provincial and local level. The bylaw will ultimately reduce the number of
calendar days through which events can occur on an annual basis. The subject
lands have long been recognized as an event grounds.
It is my respectful
submission that the following application represents good planning.
Respectfully submitted,
Innovative Planning Solutions
Darren P. Vella, MCIP, RPP
President/Director of Planning
IPS File No. 14-531
Greg Barker, B.A.A.
Senior Planner
March 2015
Page 18
Temporary Use Bylaw Application
Appendix 1 – Excerpt from Zoning Bylaw 97-95
IPS File No. 14-531
March 2015
Temporary Use Bylaw Application
Appendix 2 – Temporary Use By-law 2014-111
IPS File No. 14-531
March 2015
Temporary Use Bylaw Application
Appendix 3 – Site Plan
IPS File No. 14-531
March 2015
Temporary Use Bylaw Application
Appendix 4 – Draft Temporary Use By-law
IPS File No. 14-531
March 2015
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2015-___
A By-law to allow Temporary Uses on lands described as follows:
Part of Lots 22 & 23, Concession 9 and Part of Lots 21 & 22, Concession 8,
Township of Oro-Medonte (Oro), under Sections 34 and 39 of the Planning Act,
R.S.O. 1990, c.P.13, as amended.
WHEREAS the Council of the Corporation of the Township of Oro-Medonte is
empowered to pass By-laws to regulate the use of land pursuant to Section 34 of the
Planning Act, R.S.O 1990, c.P.13, as amended;
AND WHEREAS an application has been submitted to the Township of Oro-Medonte
to establish a Temporary Use;
AND WHEREAS Council deems it appropriate to grant a Temporary Use in
accordance with Section E1.3 of the Official Plan;
AND WHEREAS Section 39 of the Planning Act, R.S.O. 1990 C.P.13, as amended,
in accordance with Section 34, provides the authority to establish temporary uses;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. Notwithstanding the permitted uses of By-law 97-95, as amended, as they
apply to lands described as Part of Lots 22 & 23, Concession 9 and Part of
Lots 21 & 22, Concession 8 as shown on Schedule “A” attached hereto, these
lands are permitted the following temporary Special Event type uses:
1.1
Permitted Uses
j.
k.
l.
m.
n.
o.
p.
q.
r.
Huronia Fur & Feathers
Flea Market
Barrie Friendship Centre Pow Wow
Tough Mudder Parking
Contemporary Music and Camping Festival
Contemporary Music Concert
Automotive Flea Market
Recreational Soccer Club
Farmers Market
1.2
Permitted Accessory Uses
Concession booths and overnight camping in conjunction with, and accessory
to, a permitted special event is permitted. Parking for the temporary special
events is also permitted.
1.3
Duration and number of permitted special events
For the duration of the temporary use bylaw, temporary special events shall
not run for more than five (5) consecutive days and any temporary special
event which runs for more than (two) 2 consecutive days shall be followed by
two (2) consecutive days where no temporary special event shall take place
on the lands covered by this temporary use bylaw. Temporary special events
shall not run for more than fifty eight (58) days and camping shall not be
permitted for more than twenty seven (27) nights in any calendar year on the
lands covered by this temporary use bylaw.
1.4
Definitions
The following definitions apply to the following terms used in Section 1 and 2
of this By-law and not previously defined under Section 7.30.4 in Zoning Bylaw
97-95. The definitions in Section 7.30.4 of Zoning Bylaw 97-95 continue to
apply.
Huronia Fur and Feathers – Huronia Fur and Feathers means a temporary
special event operated by Huronia Fur and Feathers, or similar organization
for the purpose of:
a) Exhibiting animals and/or birds for the purpose of buying, selling or trading
and which may include an assembly of vendors offering items for sale to
the public which are associated with the event. This does not include a flea
market.
Flea Market – Means a retail sales area held in an area in which groups of
individual vendors are permitted to temporarily exhibit, store and sell
merchandise, goods, wares, produce, crafts and arts for the utilization and
consumption of the general public. The sale of livestock is not permitted.
Barrie Friendship Centre Pow Wow – means a native dance and arts
festival operated by the Barrie Friendship Centre, or other similar native
group/friendship centre. Groups of or individual vendors are permitted to offer
goods for sale including but not limited to the sale of food, beverage and other
goods. Native dance and musical performances are permitted.
Tough Mudder (parking only) – means parking associated with the Tough
Mudder event shall be permitted. No vendors or entertainment is permitted.
Contemporary Music and Camping Festival - means a music festival which
features contemporary popular music genres that are not primarily or
predominantly rock music or heavy metal music. Groups of or individual
vendors are permitted to offer goods for sale including but not limited to the
sale of food and beverage during such festivals. Camping and contemporary
music concerts are permitted for the duration of the event.
Contemporary Music Concert – means a music concert which features
contemporary popular music genres that are not primarily or predominantly
rock music or heavy metal music. Groups of or individual vendors are
permitted to offer goods for sale including but not limited to the sale of food,
beverage and other goods during the event.
Recreational Soccer Club – shall mean recreational soccer clubs operated
by municipal and/or non profit organizations. Recreational soccer games are
permitted.
Farmers Market – shall mean an event (market) operated by a group of or
individual farmers and/or vendors for the purpose of:
a) the exhibiting and sale of agricultural goods and products, including
primarily vegetables, fruits, meats, flowers and other similar food, beverage
and products.
Automotive Flea Market - Means a retail sales area held in an open area in
which groups of individual vendors offer goods for sale to the public. Goods
offered for sale shall be comprised primarily of motor vehicles, motor vehicle
parts, motor vehicle accessories, recreational vehicles and equipment and
collectibles. No long term leases between the vendors and operators are
permitted and the vendors use their own motor vehicles or set up temporary
structures for their wares.
Temporary Special Event – Means events of limited duration organized by
community, service, cultural, religious family, corporate, political, ethnic or
other similar organizations or the owner of the lands on which the event is
occurring, excluding an event held by a group promoting religious or racial
hatred.
2.
Notwithstanding the permitted uses of By-law 97-95, as amended, as they
apply to lands described as Part of Lots 22 & 23, Concession 9 and Part of
Lots 21 & 22, Concession 8 as shown on Schedule “B” attached hereto, these
lands are permitted the following temporary Special Event type uses:
2.1
Permitted Uses:
g.
h.
i.
j.
k.
l.
Huronia Fur & Feathers
Flea Market
Tough Mudder Parking
Automotive Flea Market
Recreational Soccer Club
Farmers Market
2.2
Permitted Accessory Uses
Concession booths and overnight camping in conjunction with, and accessory
to, a permitted special event is permitted. Parking for the temporary special
events is also permitted.
2.3
Duration and number of permitted special events
For the duration of the temporary use bylaw, temporary special events shall
not run for more than five (5) consecutive days and any temporary special
event which runs for more than (two) 2 consecutive days shall be followed by
two (2) consecutive days where no temporary special event shall take place
on the lands covered by this temporary use bylaw. Temporary special events
shall not run for more than fifty eight (58) days and camping shall not be
permitted for more than twenty seven (27) nights in any calendar year on the
lands covered by this temporary use bylaw.
2.4
Definitions
The definitions listed in Section 1.4 of this Bylaw and Section 7.30.4 of Zoning
Bylaw 97-95 apply to Section 2 of this Bylaw.
3.
Schedules “A” and “B” attached hereto forms part of this By-law.
4.
This by-law shall take effect on the final passing thereof and in accordance
with the Planning Act, R.S.O. 1990, c. P.13, and is hereby repealed on
February 1, 2016.
5.
This by-law shall take effect on the final passing thereof.
BY-LAW read a FIRST, SECOND, and THIRD time and finally PASSED this _____
day of ____________ 2015.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
____________________________
Mayor
_________________________
Clerk
Temporary Use Bylaw Application
Appendix 5 – Official Plan Excerpt
IPS File No. 14-531
March 2015
Temporary Use Bylaw Application
Appendix 6 – Servicing Letters
IPS File No. 14-531
March 2015
Clean Vibes, LLC * PO Box 1268 * Marion, NC 28752 * www.cleanvibes.com* (828)738-3817
March 18, 2015
To whom it may concern:
This letter confirms that Clean Vibes, LLC will be providing the on site waste management and
recycling services as well as post event cleanup for the WayHome and Boots & Hearts Festivals to be
held July 24th – 26th and August 7th – 9th (respectively) at Burl’s Creek Event Center in Oro-Medonte,
Ontario. Clean Vibes has an extensive track record of providing these services for large outdoor
camping events and looks forward to developing and carrying out a comprehensive waste
management plan for this event.
Clean Vibes is a company formed and dedicated to the responsible on-site waste management of
outdoor festivals and events. We are now in our sixteenth year as an independently owned
corporation. Over the past 15 years, Clean Vibes has worked with festival promoters throughout the
United States and Canada at over 185 festivals ranging in attendance from 2,000 to 100,000. Our
mission is to actively encourage and promote recycling and proper waste disposal.
Clean Vibes proposes to implement a waste management plan using creative educational displays
and extensive publicity. Fan participation in the maintenance and clean up of the event grounds will
be a top priority for our crew and work plan. Clean Vibes will work with the events to communicate
with attendees, both in advance through websites, mailing lists, and social media and on site through
signage, stage announcements and program text, to inform them about the systems for cleaning up
their campsites and encouraging them to separate out their recycling.
Clean Vibes will set up and strategically place approximately 1500 trash and recycling collection
containers in groups as necessary. Wherever there is a trash container there will also be a recycling
container. Collection containers will be placed throughout concert areas, with heavy concentrations
of containers near all food vending and bar locations. Containers will also be placed at all entrancing
areas, backstage hospitality areas and at all intersections and portojohn locations throughout
campground. All collection stations will be clearly marked with signage as to the appropriate
receptacle for each material. We will routinely patrol the campground and venue areas and empty
containers as necessary, as well as clean-up trouble spots.
Staff and volunteers will distribute trash and recycling bags to all campers. As the bags are
distributed, Clean Vibes will explain the trash and recycling guidelines and encourage all fans to help
keep the scene clean.
Clean Vibes, LLC * PO Box 1268 * Marion, NC 28752 * www.cleanvibes.com* (828)738-3817
Clean Vibes will work with local distributor to set up on site redemption centers in the campgrounds.
These will be tents where campers can bring their empty cans and bottles and turn them in for cash
redemption value. This will encourage the patrons to help clean up after themselves and to separate
their recycling.
After the event, Clean Vibes will thoroughly clean the entire site in as timely a manner as possible.
Volunteers and staff members will hand pick the site, bag loose litter, and pick up all bags of trash
and recycling.
The Clean Vibes’ crew for these events will consist of approximately three managers, 14 supervisors,
and 38 crew members for the duration of the event and the cleanup. In addition, the Clean Vibes
crew will supplement our staff during the event with approximately 80 volunteers and for the post
event clean up with a group of approximately 100 volunteers who will be recruited by both Clean
Vibes and the events. There will be Clean Vibes’ staff working 24 hours/day at all times when the
festival gates are open.
Clean Vibes will work in partnership with local waste haulers to ensure the proper and
environmentally appropriate disposal of all the waste produced on site throughout the duration of
the event. These local haulers will supply Clean Vibes with sufficient quantities of dumpsters and
rolloffs as well as regular servicing of these containers from the setup of the event through the entire
post event cleanup. There will be approximately 3 packer trucks, 12 dumpsters (6 or 8 yard) and 22
rolloffs (30 yard) on site for the collection of trash and recycling. All dumpsters will be clearly
marked as to what material will be placed in them, trash or recycling.
Clean Vibes is still in the process of determining what waste hauler(s) we will work with for these
events. We need to be sure that we work with a hauler that can provide the equipment and level of
service to ensure comprehensive and timely removal of all waste from site, as well as ensuring that
as much material is diverted from the landfill through recycling as possible. The end destination for
the event waste will be dependent upon which haulers we choose to work with and what facilities
they have existing contracts with for waste disposal.
If there are any questions regarding this letter, feel free to contact me at your convenience. I can be
reached by phone at (828)738-3817 or (802)238-9143 or by email at annab@cleanvibes.com. I
believe that the spirit, devotion to excellence, and strong work ethic of the Clean Vibes’ crew to be a
valuable asset to these events by helping increase the positive impact of the event on the
environment and local community.
Sincerely,
Clean Vibes, LLC * PO Box 1268 * Marion, NC 28752 * www.cleanvibes.com* (828)738-3817
Anna Borofsky
Owner, Clean Vibes, LLC
WWW.IPSCONSULTINGINC.COM