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12. EXTENSION OF
INTERIM CONTROL – PROHIBITION OF NIGHTCLUBS AND BARS IN PROLONGEMENT DE LA RESTRICTION
PROVISOIRE – BOITES DE NUIT ET BARS INTERDITS DANS LE SECTEUR DU MARCHE BY |
Committee recommendation as amended
That Council approve an amendment to By-law 2006-373 as amended
to extend the period of interim control for a maximum of one year.
Recommandation modifiÉe du Comité
Que le Conseil approuve une
modification au Règlement 2006-373 tel que modifié afin de prolonger la
période de restriction provisoire pour un maximum d’un an.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated
12 July 2007 (ACS2007-PTE-POL-0047).
2. Extract
of Draft Minutes, 28 August 2007
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
12 July 2007 / le 12 juillet 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe,
Planning Transit and the Environment/
Urbanisme, Transport en commun et
Environnement
Contact Person/Personne ressource : Richard Kilstrom,
Manager/Gestionnaire, Community Planning and Design/Aménagement et conception
communautaire, Planning Branch/Direction de l’urbanisme
(613)
580-2424 x22653, Richard.Kilstrom@ottawa.ca
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to By-law 2006-373 to extend the period of interim control for a maximum of one year.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement
recommande au Conseil d’approuver une modification au Règlement 2006-373 afin
de prolonger la période de restriction provisoire pour un maximum d’un an.
BACKGROUND
On
September 13, 2006, City Council passed By-law Number 2006-373 under Section 38
of the Planning Act. By-law Number 2006-373 has the effect of
imposing Interim Control (I.C.) in the By Ward Market and part of the Rideau
Street area, which is generally bounded by Sussex Drive to the west, Besserer
Street to the south, St. Patrick Street to the north and King Edward Avenue to
the east (see Document 1). The purpose
of the I.C. By-law is to prohibit bar, club, nightclub and restaurant-dining
lounge uses within the area affected by interim control so that a study may be
undertaken by the City to review the existing zoning regulations for these uses
in the area, assess their effectiveness and modify or establish new regulations
as required. The proposed I.C. By-law extension will expire on September 13,
2008 or at such time as the related study is complete and a report brought
forward to City Council. It is
anticipated that the study will be completed by the end of 2007.
On November 10, 2006 the City received an Ontario Municipal Board appeal to the By Ward Market Interim Control By-law from the owner of the property located at 291-293 Dahousie Street. The owner of this property had filed a building permit on July 11, 2006 to convert an existing office building into a bar/restaurant use. The appellant's property was not included on the list of exempt properties mentioned above and, therefore, their building permits were frozen by the by-law. A subsequent report and by-law amendment was submitted by staff to rectify this situation, and when Council amended the I.C. By-law to exempt this property the owners withdrew their appeal.
DISCUSSION
Work related to the above-noted appeal extended into March 2007 and research on the substantive issues of the study was delayed. Consequently, the study did not progress as scheduled, and although the study is advancing, the one-year time limit on the I.C. By-law is approaching on September 13th. Therefore, an extension of the I.C. to allow for completion of the study is required. It is anticipated that this work will be completed before the end of the year with any related zoning or other controls coming into force early in the new year. The I.C. period will be terminated at that time, before the one year extension would expire.
CONSULTATION
Public notification and consultation is not required for this report. As stated above, the study related to this I.C. is progressing. A Project Team has been assembled, comprised of representatives from the Business Improvement Areas, Community Associations, bar and nightclub owners, the National Capital Commission and City staff. A public open house will be held as part of the study process, which will provide information and an opportunity for input. A public meeting of Planning and Environment Committee and City Council will also be held before any related by-laws are passed into law.
FINANCIAL IMPLICATIONS
SUPPORTING DOCUMENTATION
Document
1 Lands Affected by the I.C. By-law
DISPOSITION
Planning,
Transit and the Environment Department to prepare the implementing by-law,
forward to Legal Services Branch and undertake the statutory notification.
Legal
Services Branch to forward the implementing by-law to City Council on September
12, 2007.
Lands Affected by I.C. By-law DOCUMENT
1
