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1. INTERIM CONTROL - AMENDMENT TO BY LAW 2006-373 - PROHIBITION OF NIGHTCLUBS AND BARS IN THE BY WARD MARKET AREA RESTRICTION PROVISOIRE – MODIFICATION AU RÈGLEMENT 2006-373 - BOÎTES
DE NUIT ET BARS INTERDITS DANS LE SECTEUR DU MARCHÉ |
Committee recommendation
That Council approve an amendment to By-law 2006-373 to add 291 and 293 Dalhousie
Street, as shown in Document 1, to the list of exempt properties detailed in
Section 2 of the By law.
Recommandation du Comité
Que le Conseil approuve une modification au
Règlement 2006-373 afin d’ajouter les 291 et 293, rue Dalhousie, tel qu’il est
indiqué dans le document 1, à la liste des propriétés exemptées énumérées dans
l’article 2 du Règlement.
Documentation
1.
Deputy
City Manager's report Planning,
Transit and the Environment dated
10 January 2007 (ACS2007-PTE-POL-0008).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
10 January 2007 / le 10 janvier 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
613-580-2424
x22653 Richard.Kilstrom@ottawa.ca
REPORT RECOMMENDATION
That the recommend Council approve an amendment to By-law 2006-373 to add 291 and 293 Dalhousie Street, as shown in
Document 1, to the list of exempt properties detailed in Section 2 of the By law.
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
d’ajouter les 291 et 293, rue Dalhousie, tel qu’il est indiqué dans le document
1, à la liste des propriétés exemptées énumérées dans l’article 2 du Règlement.
BACKGROUND
On September 13, 2006, Ottawa 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 in the By Ward Market and part of the Rideau Street area, which is generally bounded by Sussex Street to the west, Besserer Street to the south, St. Patrick Street to the north and King Edward Avenue to the east.
The purpose of the Interim Control By-law is to prohibit bar, club, nightclub and restaurant-dinning 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 Interim Control By-law will expire on September 13, 2007.
Contained within the By-law is a list of properties that are exempt from the effect of the By-law. 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 appeal to the By Ward Market Interim Control By-law from the owner of the property located at 291 and 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 date for the OMB hearing has been set for March 22, 2007.
The owner of 291 and 293 Dalhousie Street has indicated that he would be willing to withdraw his appeal in exchange for exemption from the By-law for his pending building permit applications. Staff have reviewed the appeal and the merits of the appellant’s case and believe it would be in the best interest of the City to add the subject property to the exemption list contained within Section 2 of the By-law. The addition of the subject property to the exemption list will not have an adverse impact on the completion of the required interim control study for the area, which is currently underway. The Councillor for Ward 12, Councillor Bédard, has been advised of staff’s position with regards to the appeal.
Should the By law be amended to include 291 and 293 Dalhousie Street, the owner will still be required to obtain approval from the Committee of Adjustment for two minor variances to the Zoning By-law (File No. D08-02-06/A-0366). The variances sought relate to the size and location of the proposed bar/nightclub. The Committee is currently scheduled to hear this file on January 11, 2006.
CONSULTATION
Public notification and consultation is not required for this report. Formal public consultation will be undertaking as part of the required Interim Control Study.
FINANCIAL IMPLICATIONS
SUPPORTING DOCUMENTATION
Document 1 Location Map
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the agent for the owner of 291 and 293
Dalhousie Street (Kenneth W. Johnson, 2285 St Laurent Blvd., Ottawa,
ON, K1G 5A1), Ghislain Lamarche, Program Manager,
Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council
LOCATION MAP DOCUMENT
1
