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APPLICATION FOR A ZONING BY-LAW AMENDMENT - REGULATION OF RESTAURANTS AND NIGHTCLUBS - CITY OF BARRIE (November 7, 2011) (File: D14-1518)
Kathy Brislin, Senior Policy Planner for the City of Barrie stated that the purpose of the public meeting is to review an application for a Zoning By-law Amendment submitted by the City of Barrie to regulate restaurants and nightclubs. She provided the background information related to the proposal and reviewed the City Centre policies of the Official Plan. Ms. Brislin stated that the proposed amendments will include the following:
• Add a new definition for Nightclubs based on establishments that provide food and beverages and have a dance floor and provide entertainment in the form of live or recorded music. The definition is intended to capture those establishments that convert from a restaurant to a nightclub after the dinner hour.
• Amend the definition for Patios to include an outdoor area ancillary to nightclubs.
• Amend Section 4 General Provisions to include a parking standard for nightclubs at one space per four persons.
• Amend Section 4 General Provisions to include new general standards for Nightclubs as follows:
a) Maximum Capacity - 600 persons. The capacity calculation is to include capacity of adjoining restaurants, bars and nightclubs which are linked internally. The capacity calculation shall be based on the lesser of licensed capacity, building code or fire code regulations;
b) Minimum Setback from any Residential Zone, including Residential Exception Zones - 200m; and
c) Minimum Distance from any other Nightclub - 200m, measured from the property boundary.
• Amend Section 6, Commercial Section by inserting Nightclubs as a permitted use in the City Centre C1 zone; Transition Centre C2 zone and the General Commercial C4 zone.
• Include special provisions relating to Nightclubs and Restaurants in the C1, C2, and C4 zones within the City Centre Revitalization Area as follows:
a) Restaurants and nightclubs shall have a maximum capacity of 350 persons (including the capacity of seasonal or permanent outdoor patios);
b) All standards applicable to nightclubs shall apply to restaurants in the Downtown Revitalization Area, except for the provision relating to a minimum setback from Residential zones which shall not apply to any restaurants in the Downtown Revitalization Area or elsewhere in the City; and
c) The special provisions proposed with respect to Restaurants and Nightclubs within the Downtown Revitalization Area shall not apply to any Restaurant or Nightclub in association with a Hotel or Convention Centre.
Ms. Brislin concluded by reviewing the effect of the proposed changes and the next steps in the process.
PUBLIC COMMENTS:
Judy Nuttall, 86 Bruce Crescent commented that she had the opportunity to share her concerns at an information session hosted by the Barrie Police at City Hall. She noted that serious concerns were shared at the meeting. Ms. Nuttall stated that she believes the presentation provided at the public meeting does not address what is happening at the street level. She commented that she feels grandfathering the establishments will not correct the zoning. Ms. Nuttall concluded by stating that she feels something more definite needs to be done regarding the zoning in order to solve the issues.
Ms. Brislin offered responses to her inquiries.
Bryan Rusnell, 6 Bayfield Street suggested that if any establishments lost their license due to other legislated violations he feels the zoning should be revoked on the property. He stated that he believes if a business remains closed for more than three months the existing zoning should no longer be permitted. He concluded by stating that he believes limiting the grandfathering of establishments will reduce the number of nightclubs in the downtown area.
Members of General Committee asked a number of questions of the presenter.
WRITTEN CORRESPONDENCE:
No written correspondence was received.