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10. INTERIM CONTROL STUDY OF BARS AND NIGHTCLUBS
IN THE BY WARD MARKET AND RIDEAU STREET AREA ÉTUDE SUR LA RESTRICTION PROVISOIRE CONCERNANT LES BARS
ET LES BOÎTES DE NUIT DANS LE SECTEUR DU MARCHÉ BY ET DE LA RUE RIDEAU |
Committee recommendations
(This
application is subject to Bill 51)
That Council:
1. Approve an amendment to Zoning By-law
2008-250 as outlined in Document 2;
2. Approve an amendment to Zoning By-law
93-98 as outlined in Document 3; and
3. Repeal
Interim Control By-law 2006-373.
RecommandationS du Comité
(Cette demande est assujettie au
Règlement 51)
Que le
Conseil :
1.
approuve
une modification au Règlement de zonage 2008-250, tel qu’il est indiqué dans le
Document 2;
2.
approuve
une modification au Règlement de zonage 93-98, tel qu’il est indiqué dans le
Document 3; et
3. abroge
le Règlement de restriction provisoire 2006-373.
Documentation
1. Deputy City Manager, Planning, Transit and the Environment report dated 30 July 2008
(ACS2008-PTE-PLA-0063).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
30 July 2008 / le 30 juillet 2008
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,
Community
Planning and Design
Planning
Branch/Direction de l'urbanisme
(613)
580-2424 x22653, Richard.Kilstrom@ottawa.ca
REPORT
RECOMMENDATIONS
That the Planning and
Environment Committee recommend Council:
1.
Approve an
amendment to Zoning By-law 2008-250 as outlined in Document 2;
2.
Approve an
amendment to Zoning By-law 93-98 as outlined in Document 3; and
3.
Repeal Interim
Control By-law 2006-373.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil :
1. d’approuver
une modification au Règlement de zonage 2008-250, tel qu’il est indiqué dans le
Document 2;
2. d’approuver
une modification au Règlement de zonage 93-98, tel qu’il est indiqué dans le
Document 3; et
3.
d’abroger
le Règlement de restriction provisoire 2006-373.
BACKGROUND
This study was undertaken pursuant to Section 38 of
the Planning Act, and the imposition of Interim Control By-law Number
2006-373. This Interim Control (I.C.)
By-law was enacted by City Council on September 13, 2006, in response to
increasing community concerns over the number and size of nightclubs and like
uses within the By Ward Market and Rideau Street area. It had been observed that the zoning
regulations of the former City of Ottawa passed in 2000 following a similar
Interim Control Study were not entirely effective to control the size and
number of nightclubs in the By Ward Market and Rideau Street area. Delcan Corporation was then hired to assist
staff with a study of the bars and nightclubs in this area with particular
attention to their concentration, size and proximity in relation to residential
and institutional uses.
Contained within the I.C. By-law was a list of properties that were exempted from its restrictions. These properties had building permits associated with the list of prohibited uses that were filed before the Notice of Motion for the By Ward Market Interim Control By-law was approved by Planning and Environment Committee on July 11, 2006.
On November 10, 2006 the City received an Ontario Municipal Board (OMB) appeal to the I.C. By-law from the owner of the property located at 291-293 Dalhousie 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 with a by-law amendment was submitted to rectify this situation, and when Council amended the I.C. By-law to exempt this property, the owners withdrew their appeal.
Work related to the 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 an extension to the one-year limit of the I.C. by-law was
necessary to complete the work. A
report was taken to Committee and Council and approved on September 12, 2007.
No appeals were received to the extension of the
I.C. by-law and the consultants completed a draft report for review by the
Working Group of stakeholders and the general public. A Public Open House meeting was held at the By Ward Market
Building on November 1, 2007 to present the findings of the consultant’s
report. The public was generally in
agreement with the findings of the study.
DISCUSSION
A survey of nightclubs that have established since 1998 within the study area has revealed the following relative to the zoning regulations that were established in 2000:
- A total of 13 new nightclubs have established in the I.C. area since 1998.
- Three of the new nightclubs appear to be larger than the maximum permitted Gross Floor Area (GFA) of 500 square metres.
- Nine new nightclubs that are greater than 250 square metres GFA appear to be closer than the permitted 100 metres separation distance from one another.
- Four new nightclubs that are greater than 250 square metres GFA appear to be closer than the permitted 100 metres to a residential or institutional zone.
On review of the zoning provisions concerning nightclubs it would appear that one reason this growth has occurred is the focus of the by-law on nightclubs with dancing rather than a broader control of entertainment venues in general. It is the nature of bars and restaurants within the I.C. area to transform after the dinner hour in the evening with entertainment being provided and often dancing also. Although an area used for dancing at any time is deemed as a “designated area for dancing” under the by-law, such an area can be created by simply moving chairs and tables in a dining room to create a clear space. This tendency of bars and restaurants to transform into nightclubs after the dinner hour is very difficult to enforce and is not necessarily revealed by a standard zoning review of building plans on the application for a building permit. Therefore, it is recommended that the zoning regulations with respect to nightclubs be expanded to apply to more general entertainment activity that requires an open floor area, such as musical groups, disc jockeys, etc.
An overriding theme over the course of the study was
that it is not singularly the entertainment or dancing component of the
nighttime establishments that are the root of community concerns, but it is the
focus on alcohol consumption for so many establishments in such a small
geographic area. This was also
confirmed through “best practices” research showing that many Canadian
municipalities regulate nighttime uses based on the degree to which alcohol is
the business focus. As alcohol
consumption increases and/or the floor area of an establishment increases, this
combination results in the largest concern.
Bars, by definition, have the serving of alcohol as the primary focus of
their business. It is apparent that
there are only a few establishments in the study area that meet the definition
of bar without also functioning as restaurant earlier in the day. After the dinner hour, when food menus
become limited, and alcohol consumption increases, many establishments are
functioning as bars and nightclubs, contributing to the issues surrounding
nighttime uses. However, bars are not
presently subject to the special nightclub regulations. As bars are inclined to transform after the
dinner hour to provide some form of entertainment, and the impacts of large
bars on the surrounding community are similar to those of nightclubs, it is
recommended that they be subject to the same zoning regulations as nightclubs.
A new type of entertainment use has emerged that has
similar impacts on the surrounding community and the range of uses in the I.C.
area. That is, the “all night dance
event”, which is frequented by young people, often under legal drinking
age. These dance halls generally do not
open until late in the evening and operate until late in the morning. The behaviour of those who attend these clubs
is often similar to that of patrons of bars and nightclubs. They do not operate during normal business
hours; therefore, they contribute to the closed building frontages along the
street that discourage commerce and tourism in the area. As this is contrary to the desired diverse
and vibrant nature of the Central Area set out in the Official Plan, it is
recommended that this use be treated similarly to bars and nightclubs under the
Zoning By-law. To achieve this the
definition of nightclub in the Zoning By-law will need to be amended to include
this type of use.
A new type of format for bars and nightclubs has also recently appeared. This involves the clustering of a number of small pubs that are connected by internal corridors. In a similar way to large bars and nightclubs, this type of clustered group of establishments can transform after the dinner hour to effectively create one large nightclub with entertainment. It is therefore recommended that the gross floor area from all of these linked pubs or bars be calculated to determine the cumulative size of the establishment with respect to the by-law regulations.
Following their review of the issues related to bars
and nightclubs in the I.C. area, the City’s consultants are suggesting a
comprehensive strategy that will be more effective than amendments to the
Zoning By-law alone. In addition to the
zoning restrictions outlined above, they are suggesting measures that utilize
other regulatory mechanisms to enhance the City’s ability to control the
adverse affects of bars and nightclubs.
However, in discussions with representatives of By-law Services Branch
at the Working Group meetings it became evident that these measures will need
further discussion and refinement before being implemented in an effective and
efficient manner. Therefore, the
Working Group will proceed to develop these other regulatory options beyond the
expiry of the Interim Control By-law and the enactment of the related zoning
amendments.
The other direct regulatory means that are available to control bars and nightclubs include: the Business Licensing By-law for Food Premises and Amusement Places, and the Agency Letter of Approval issued by the City to the Alcohol and Gaming Commission of Ontario (AGCO) with respect to the issuance of the liquor licence.
Under the authority of the Business Licensing By-law
the proprietor is responsible to remain in conformity with all applicable laws
relative to the operation of their premises.
This includes the Zoning By-law, Noise By-law, and Property Standards
By-law etc. Where problems arise with
compliance to the City’s by-laws the license can be suspended for up to 14 days
until such time as conformity is achieved or revoked. An appeal may be filed with the Licensing Committee, a
quasi-judicial committee of City Council.
This mechanism is best applied to the operation of the premises as
issues may arise from time to time. The
Licensing Committee has the authority to add conditions to the license to
ensure that any issues are addressed by the operator and can revoke a license
if an infraction is not resolved.
The Agency Letter of Approval is issued by the City to the provincial Alcohol and Gaming Commission of Ontario (AGCO) and is an indication of compliance with all City by-laws at the issuance of a Liquor License. The Building Code Services Branch, following the review of all applicable by-laws and the building permit application for new-licensed premises, issues this document. It is applied at the first opening of a bar or nightclub, and is intended as a legal benchmark for its operation. Should an issue with compliance arise, the AGCO has the authority to revoke a liquor license.
Related to the issuance of the Business License and the Agency Letter is the procedure that is followed by staff in the Building Code Services Branch to review the plans submitted with these applications. It is suggested that the City develop Plan Review Procedures, with perhaps a related manual to ensure uniform application of the zoning provisions related to nightclubs and bars. This will include means to coordinate building permit plan review, business licenses, and agency letters. Also, planning staff is working with IT staff to make the calculation of separation distances in zoning for bars, nightclubs and other uses easier.
A supplemental measure to assist in the mitigation
of issues related to nighttime uses that has been created in a number of other
Canadian municipalities is a “Good Neighbour Agreement” (GNA). A GNA is essentially a memorandum of
understanding between the operator and the municipality. Under such an agreement, the operator
demonstrates that they have the desire to be good corporate citizens. The terms and conditions of such an agreement
can state an operator’s responsibility with respect to noise and disorder,
criminal activity, entertainment, service to minors, sales and consumption of
alcohol, public safety, cleanliness, and issues of enforcement, including the
authority to revoke a license. Although
it does not add any statutory control over the premises, it does provide for an
indication of good faith and responsibility by the operator.
A measure that is related to the GNA is a Patron and Business Operator Awareness Program (PBOAP). In addition to the operator, patrons of nighttime establishments are also responsible for their individual behaviour before and after nighttime activities. Due to the emphasis on alcohol consumption associated with nighttime activities, it is viewed as more effective to target the majority of patrons prior to nightclub or bar patronage to make each individual aware of their responsibility to themselves, as well as the surrounding community. This can include the development of communication materials as well as consultation opportunities with universities, high schools, tour operators, and similar groups that frequent these types of establishments. A summary chart of the recommended changes noted above is provided in Document 4 to this report.
CONSULTATION
A Working Group comprised of stakeholders from the
community, government agencies and City representatives was formed early in the
I.C. study process and remained engaged throughout in the review of information
and the proposed strategy drafted by the consultants. A Public Open House was held to provide for public review of the
draft strategy and to address issues related to bars and nightclubs in the I.C.
area. Following the final meeting of the Working Group for this project the
Downtown Rideau BIA requested a meeting to address bars and nightclubs in their
area. The BIA then submitted a request
to be removed from the area that is subject to the recommended zoning
amendment. The staff response to the
BIA request is found in Document 5, Consultation Details.
FINANCIAL IMPLICATIONS
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Zoning Details: Amendment to Zoning By-law 2008-250
Document 3 Zoning Details: Amendment to Zoning By-law 93-98
Document 4 Delcan Report: Summary Chart of Recommended Changes
Document 5 Consultation Details
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.
Councillor Bédard’s Office to lead the Working Group
to further develop a program of controls and other measures based on Delcan’s
report to address concerns with Bars and Nightclubs in the By Ward Market and Rideau
Street area.
Document 1
Part 1: Definitions
- The following modified definition in the Comprehensive Zoning By-law:
“Nightclub” means a place where food or drink may be served and has an open floor area used for dancing to music, and viewing musical performances or other forms of entertainment.
Part 10: Mixed Use/Commercial Zones – Downtown Zone (MD)
- That Section 193 (4), be replaced with the following new section 193 (4):
In addition to the regulations that apply to a nightclub or bar, the following rules apply to uses located in Area A as shown on Schedule 8,
- a nightclub or bar must not exceed a gross floor area of 500 square metres, and
- a nightclub or bar with a gross floor area greater than 250 square metres must be at least 100 metres from:
i. another nightclub or bar with a gross floor area greater than 250 square metres, or
i. an I1, I2, R1, R2, R3, R4, R5 primary zone, subzone or exception zone, and
- a nightclub or bar may not abut another nightclub or bar along a street frontage, and
- where adjoining nightclubs or bars are connected by internal passageways used by patrons or staff, the total gross floor area of all the connected uses shall be calculated for the purposes of this section.
ZONING
DETAILS AMENDMENT TO ZONING BY-LAW 93-98 DOCUMENT
3
Part 1: Definitions
- The following modified definitions in By-law 93-98:
“Nightclub” means a place where food or drink may be served and has an open floor area used for dancing to music, and viewing musical performances or other forms of entertainment.
- The following definition be deleted from the By-law:
Restaurant, Dining
Lounge
That Section 37f. be replaced with the following new section 37f:
In addition to the regulations that apply to a nightclub or bar, the following rules apply to these uses located in Area A as shown on Schedule 224:
a. a nightclub or bar must not exceed a gross floor area of 500 square metres, and
b. a nightclub or bar with a gross floor area greater that 250 square metres must be at least 100 meters from:
i. another nightclub or bar with a gross floor area greater than 250 square metres, or
ii. an I1, R1, R2, R3, R4, R5, R6 and R7 primary zone or subzone, or an exception to these zones, as the case may be, and
c. a nightclub or bar may not abut another nightclub or bar along a street frontage, and
d. where adjoining nightclubs or bars are connected by internal passageways used by patrons or staff, the total gross floor area of all the connected uses shall be calculated for the purposes of this section.
Note: where a “yes” appears in italics, this is a new/proposed provision.
