Item - 2023.PH7.2

The Planning and Housing Committee recommends that:

1. City Council amend the relevant sections of the Proposed Amendment to City-wide Zoning By-law 569-2013 for Outdoor Patios and the Proposed Stand-alone Amendment to the Former General Zoning By-laws for Outdoor Patios, in Attachments 1 and 2 to the report (October 6, 2023) from Chief Planner and Executive Director, City Planning, so it reads:
               

“May be used to provide entertainment such as performances, music and dancing, provided the outdoor patio is not located above the first storey of the building and the entertainment area does not exceed the greater of 10% of the outdoor patio area or 5 square metres.”

2. City Council enact Zoning By-law amendments with respect to permanent city-wide and site-specific zoning permission for outdoor patios substantially in accordance with Attachments 1 to 6 to the report (October 6, 2023) from Chief Planner and Executive Director, City Planning, as amended by Recommendation 1, above.

3. City Council enact the Zoning By-law amendment with respect to an extension of the temporary use of 229 Richmond Street West as an outdoor patio substantially in accordance with Attachment 7 to the report (October 6, 2023) from Chief Planner and Executive Director, City Planning.

4. City Council direct the City Solicitor to make such stylistic and technical changes to each Zoning By-law amendment as may be required.

The Manager, Zoning Section, City Planning and the Planner, Zoning Section, City Planning gave a presentation to the Planning and Housing Committee.

The Planning and Housing Committee held a statutory public meeting on October 26, 2023, and notice was given in accordance with the Planning Act.

This report recommends the adoption of Zoning By-law amendments to permanently expand a range of permissions for outdoor patios on private property. The proposed Zoning By-law amendments are intended to assist businesses with economic recovery during and after the COVID pandemic, increase dining options, provide greater activation of the public realm and increase opportunities for people to socialize, while setting conditions and regulations that manage the potential impacts of outdoor patios on nearby properties.

The recommended Zoning By-law amendments reflect feedback received through public consultations, discussions with relevant City Divisions, and research across other municipalities. The proposed Zoning By-law amendments respond to the City Council request to report back to the Planning and Housing Committee on permanent modifications to the Zoning By-law for outdoor patios on private property to replace the existing temporary use by-laws that will expire on December 31, 2023. The proposed Zoning By-law amendments are for outdoor patios on private property only and complement the CaféTO program which allows expanded patios on City boulevards and rights-of-way.

Two permanent City-wide by-laws are proposed to replace the existing temporary by-laws. One by-law is an amendment to City-wide Zoning By-law 569-2013, and the other by-law will address properties that remain subject to the Former General Zoning By-laws.

The City-wide by-laws will propose to maintain permissions granted on a temporary basis and include expanding the permitted maximum outdoor patio area, permitting outdoor patios in the Commercial Local (CL) Zone, expanded Industrial Zone category permissions and permitting outdoor patios in parking lots. The City-wide by-laws also propose new permissions, and these include permitting outdoor patios in the Residential Apartment Commercial (RAC) Zone, permitting limited entertainment, a reduced distance requirement from the Residential and Residential Apartment Zone categories for certain zones, permitting a retail store as a permitted combined use and technical amendments as required.

The proposed amendments address potential noise and visual privacy impacts by maintaining appropriate distances from the Residential and Residential Apartment Zone categories and requiring the installation of a fence parallel to these areas, maintaining a size restriction based on the indoor premises it is combined with and by continuing to prohibit entertainment on lands that are designated Neighbourhoods and Apartment Neighbourhoods where outdoor patios will be introduced as a new use (the RAC Zone) and where the temporary permission will be made permanent (the CL Zone).

In addition to the two City-wide by-laws, site-specific by-laws are proposed where relief from the requirements of the Zoning By-law, including proposed amendments, are still required.

The proposed Zoning By-law amendments conform with the Official Plan, are consistent with the Provincial Policy Statement (2020) and conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019).