9. Interim Control Study – Adult Entertainment Parlours in Ward 21 (Rideau)

Étude de restriction provisoire – Salons de divertissement pour adultes dans le Quartier 21 (Rideau)

Committee Recommendations

1. That Council approve the amendments to the former Township of Rideau Zoning By-law Number - 84-77, as detailed in Document 1.

2. That the lands located in part of Lot 8, Concession 2 (North Gower), in the former Township of Rideau, fronting on Regional Road 73 (Prince of Wales Drive) remain in the existing zoning, and an adult entertainment parlour not be added as a permitted use on this site.

Recommandations du comité

1. Que le Conseil municipal approuve les modifications au Règlement municipal n^o 84-77 de l’ancien Canton de Rideau, comme il est indiqué dans le document 1.

2. Que les terrains situés sur une partie du lot 8, concession 2 (North Gower), dans l’ancien canton de Rideau, donnant sur la route régionale 73 (promenade Prince of Wales), conservent le zonage existant et que l’utilisation de salon de divertissement pour adultes ne soit pas ajoutée aux utilisations permises à cet endroit.

Documentation

1. Development Services Department General Manager’s report dated 6 September 2002 is immediately attached (ACS2002-DEV-POL-0031).

2. An Extract of Draft Minutes, 10 October 2002, immediately follows the report and includes the voting record.

Report to / Rapport au:

Planning and Development Committee /

Comité de l'urbanisme et de l'aménagement

and Council / et au Conseil

06 September, 2002 / le 06 septembre 2002

Submitted by / Soumis par: Ned Lathrop, General Manager / Directeur général

Development Services Department / Services d’aménagement

Contact / Personne-ressource: Richard Kilstrom, Manager, Community Design and Environment / Gestionnaire, Conception et milieu communautaire

580-2424, ext. 22653, richard.kilstrom@ottawa.ca

Ref NE: ACS2002-DEV-POL-0031

SUBJECT: INTERIM CONTROL STUDY- ADULT ENTERTAINMENT PARLOURS IN WARD 21 (RIDEAU)

OBJET: ÉTUDE DE RESTRICTION PROVISOIRE – SALONS DE DIVERTISSEMENT POUR ADULTES DANS LE QUARTIER 21 (RIDEAU)

REPORT RECOMMENDATIONS

1. That the Planning and Development Committee recommend that Council approve the amendments to the former Township of Rideau Zoning By-law Number - 84-77, as detailed in Document 1.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal d’approuver les modifications au Règlement municipal n^o 84-77 de l’ancien Canton de Rideau, comme il est indiqué dans le document 1.

BACKGROUND

On November 6, 2000 the Corporation of the Township of Rideau (now Ward 21 of the new City of Ottawa) enacted By-law 58-2000, being an Interim Control By-law to:

“restrict the establishment of Adult Entertainment Parlours, Adult Video outlets and retail establishments specializing in erotica for a period of one (1) year.”.

The By-law resulted from an application for site plan approval for a restaurant/night club with live, possibly exotic entertainment in the Carsonby area on Prince of Wales Drive in the area of the Manderley Golf Course.

The former Township of Rideau refused the Site Plan Control application and determined that it was necessary to develop appropriate planning policies and regulations regarding the establishment of Adult Entertainment Parlours within the Township. The applicant for the site plan appealed the Interim Control By-law and the refusal of the Site Plan Control application to the Ontario Municipal Board. A hearing was held and a decision issued on July 24, 2001 that had the effect of exempting the site from the Interim Control By-law and approving the proposed site plan subject to a number of conditions. The Board specifically stated however that it was not making a finding as to whether the zoning permitted an adult entertainment parlour at that site and indicated that such a determination would be left to the courts.

However, since that time, the City has refused the issuance of the building permit for the proposed development on the basis that the zoning by-law did not in fact permit such a use at that location.

Interim Control on the area was extended by By-law 2001-436 for another year until November 5, 2002. No further extension of the by-law is permitted under the Planning Act.

A planning consultant, J.L. Richards & Associates Limited, was engaged in May of this year to undertake this study. The purpose of this study is to have the consultant review and recommend appropriate zoning and policy on how to deal with Adult Entertainment Parlours (including Adult Video outlets and retail establishments specializing in erotica) in Ward 21.

DISCUSSION

Staff have worked closely with the Consultant on this study, and are in agreement with the consultant report, attached as Document 2. The recommendations to amend the Zoning By-law will, in conjunction with the site plan control process, result in a comprehensive land use review for any proposed adult entertainment uses in Rideau Ward. As is noted in the consultant report, the Legal Department has advised that it is not appropriate to ban a land-use on a Citywide basis as that may result in the by-law being challenged as unreasonable. However, as there are other zoned and existing operations in the new City of Ottawa, the use has already been accommodated, and would therefore not be prohibited by this site-specific approach. Accordingly, specifically defining the use, carefully regulating the location of adult entertainment parlours by requiring a site-specific rezoning, as well as imposing specific spacing and parking provisions for these uses, will ensure that they are developed in a manner that minimizes their impact on surrounding land uses. This approach has already been successfully implemented in the former City of Ottawa and Kanata zoning by-laws. It is also intended that the proposed zoning approach will be considered for general applicability across the City of Ottawa during the process of developing a comprehensive zoning by-law for the City.

With respect to the adult entertainment parlour proposed for the Carsonby area on Prince of Wales Drive:

the City has determined that a permit should not be issued for this use; and
the proposal does not comply with the recommended new regulations due to its close proximity to a residential area.

Consequently, it is recommended that the current zoning of the site not be changed to specifically permit an adult entertainment parlour.

It should be noted that the issue of licensing for adult entertainment parlours is scheduled to be examined in 2003 as a part of the City’s by-law harmonization process. The introduction of other non-land use-related regulations which complement the zoning by-law provisions could be considered at that time.

RURAL IMPLICATIONS

The proposed zoning by-law amendments will affect only the former Rideau Township (Ward 21).

CONSULTATION

Considerable public consultation has been conducted on all aspects of this issue during the past few years, from public meetings on the site plan application and interim control by-law (and subsequent Ontario Municipal Board hearing) under former Rideau Township, to open houses with respect to this study. Three sessions were held in Rideau Ward in June of this year, in Manotick, North Gower and Kars to provide an opportunity for public discussion concerning this interim control study. These meetings were advertised through a general mailout and newspaper advertisement. As well, comment sheets were provided at all meetings, and a number of comments were received and are summarized in the consultant report. Finally, copies of this report were provided to all individuals who submitted written comments.

FINANCIAL IMPLICATIONS

N/A

ATTACHMENTS

Document 1 - Details Of Proposed Zoning Amendments

Document 2 - Interim Control Study: Adult Entertainment Parlours, Ward 21 (Rideau), City of Ottawa, on file with the City Clerk and distributed separately

DISPOSITION

Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council.

Development Services Department, Planning and Infrastructure Approvals Branch to advertise the implementing by-law.

Details of Proposed Zoning Amendments Document 1

That the Township of Rideau Zoning By-law Number - 84-77 be amended as follows:

1. That the following new definition be added to Section 2, Definitions:

-Adult Entertainment Parlour- means any premises or part thereof in which is provided in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations.

That the following new provision be added to Section 3:

Adult Entertainment Parlours

a. No adult entertainment parlour shall be located within 500 metres of:

1. any residential use or residential zone;

2. any school, church or place of worship, day care, library, community centre or park; or

3. any institutional or open space zone.

b. No adult entertainment parlour shall be permitted to locate on a lot having frontage on an arterial regional road.

That the following parking rate be added to 3.17(a)- Parking Area Regulations:

TYPE OF USE	MINIMUM PARKING SPACE REQUIREMENT
(ii) Non-Residential Uses:
Adult Entertainment Parlour	One space per three persons design capacity of the establishment or one space for every 4 square metres of *net leasable area*, whichever is greater