HALDIMAND COUNTY
Report PED-PD-24-2011 General OP and - Haldimand County
Report PED-PD-24-2011 General OP and - Haldimand County
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<strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
Report PED-PD-24-2011<br />
of the General Manager of Planning And Economic<br />
Development<br />
For Consideration By Council in Committee<br />
RE: General Official Plan and Zoning Amendments - Film Production (Haldimand<br />
County)<br />
OBJECTIVE: To consider general amendments to the County‟s Official Plan and three<br />
zoning by-laws with respect to film production matters.<br />
RECOMMENDATIONS:<br />
1. THAT Report PED-PD-24-2011 Re: General Official Plan and Zoning Amendments - Film<br />
Production (Haldimand County) dated April 11, 2011 BE RECEIVED;<br />
2. AND THAT application PLOP-HA 2011 053 to amend the Haldimand County Official Plan<br />
to amend policies relating to film production BE APPROVED for reasons outlined in<br />
report PED-PD-24-2011;<br />
3. AND THAT the By-law attached to Report PED-PD-24-2011 to adopt the Official Plan<br />
amendment to the Haldimand County Official Plan BE PASSED;<br />
4. AND THAT application PLZ-HA 2011-054 to amend the Town of Dunnville 1-DU 80,<br />
Town of Haldimand 1-H 86, and City of Nanticoke NE 1-2000 Zoning By-laws to<br />
implement new provisions relating to film production matters BE APPROVED for reasons<br />
outlined in Report PED-PD-24-2011;<br />
5. AND THAT the by-laws attached to Report PED-PD-24-2011 BE PASSED;<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 1 of 24
6. AND THAT the proposed general amendments are considered to be in the public interest<br />
and consistent with the Provincial Policy Statement 2005, Growth Plan 2006 and other<br />
matters of Provincial interest.<br />
Prepared by:<br />
Reviewed by:<br />
Kyle Plas<br />
Planner<br />
Date: April 11, 2011<br />
Respectfully submitted:<br />
Mike Evers, MCIP, RPP, BES<br />
Manager, Planning & Development<br />
Approved:<br />
Craig Manley, MCIP, RPP<br />
General Manager<br />
Planning & Economic Development<br />
Department<br />
Donald G. Boyle<br />
Chief Administrative Officer<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 2 of 24
BACKGROUND:<br />
Report PED-PD-50-2009<br />
Staff report PED-PD-50-2009 introduced the scope of work relating to the County‟s interim<br />
zoning update program. As described in that report, Staff has reviewed the 3 Area By-laws<br />
(Haldimand, Nanticoke, Dunnville) and determined that general amendments can be proposed<br />
to some or all of the current zoning by-laws to update standards, eliminate unnecessary<br />
regulatory red tape and to support economic development where possible. This work will<br />
ultimately be consolidated into a new comprehensive Zoning By-law. As described in that report,<br />
Staff in the Planning & Development, Building Controls & By-law Enforcement, and Economic<br />
Development & Tourism Divisions have identified a list of issues that will be introduced to<br />
Council and the public over the course of 2011 to make the Zoning By-laws more effective tools<br />
to promote appropriate development.<br />
Report PED-PD-03-2011<br />
Staff report PED-PD-03-2011 introduced the preliminary assessments and recommendations<br />
relating to the issues in the second phase, which focuses on streamlining and adding<br />
consistency to the existing zoning by-laws. The report was structured as a discussion paper and<br />
provided background and rationale for the potential zoning changes, highlighted goals and<br />
benefits of such changes, described methods of implementation, and explored how the public<br />
interest can be upheld. The report included a detailed discussion of film production activities and<br />
provided information required to understand the origin of the issue, the reason for addressing it<br />
and the means / impact of doing so. This information was used as part of series of public<br />
information sessions that were held on April 7, 2011 to allow stakeholders input into potential<br />
zoning changes.<br />
In recent years the County has seen increased film production activity and in 2010 passed a site<br />
specific temporary zoning to facilitate the production of a television show near Dunnville. The<br />
purpose of this report is to introduce amendments as they relate to film production in the County<br />
to the 3 Area Zoning By-laws (Dunnville, Haldimand, Nanticoke) and to provide a policy analysis<br />
with respect to the proposed changes. The report will also introduce an Official Plan<br />
Amendment specific to the implementation of film production provisions. The reason this matter<br />
is being dealt with in advance of the other matters in PED-PD-03-2011 is that the filming season<br />
has begun and further delays to the June 20 th CIC meeting (when the balance of Phase 2<br />
amendments will be presented), could prove to be problematic.<br />
ANALYSIS:<br />
Planning Staff have assessed film production activities with respect to the policy hierarchy that<br />
is in place, namely the Provincial Policy Statement 2005, Growth Plan 2006 and Haldimand<br />
County Official Plan.<br />
1. Consistency with Provincial Policy<br />
Provincial Policy Statement 2005 (PPS)<br />
The PPS provides policy direction on matters of provincial interest relating to land use<br />
planning and development. Decisions affecting planning matters „shall be consistent<br />
with‟ the policies of PPS. Through the PPS, the Province determines that Building Strong<br />
Communities is a provincial interest and is to be addressed, in part, through promoting<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 3 of 24
efficient land use and development patterns that support strong, liveable and healthy<br />
communities, protect the environment and public health and safety, and facilitate<br />
economic growth. Staff‟s view is the proposed zone changes would facilitate economic<br />
growth by generating new opportunities and reducing the costs and delays associated<br />
with the current process. New or expanding economic opportunities serve to support<br />
strong, liveable and healthy communities. Based on the implementation process (i.e. the<br />
proposed zone provisions, approval requirements, etc. set out later in this report) any<br />
new filming activity would be respectful of public health and well-being as well as the<br />
need to protect the environment.<br />
Film production is considered to be an activity that has the potential to generate spin off<br />
economic activity in the County‟s communities and also integrates well with the rural<br />
areas. Film production activities are to be permitted in agricultural areas given that these<br />
activities are established as clearly secondary and subordinate to the primary<br />
agricultural use of the property, will be temporary in nature and will not negatively affect<br />
surrounding agricultural uses. To that extent, zoning provisions are proposed (described<br />
in more detail in the section below titled Proposed Zone Changes) that would implement<br />
the policy intent by regulating scale, scope, range of use, etc. and setting out<br />
requirements that any film production activity be clearly secondary and subordinate to<br />
the primary use of the property.<br />
The proposed amendments would serve to satisfy and promote the policies set out<br />
above. Based on such, the proposal is consistent with the PPS.<br />
Provincial Growth Plan 2006<br />
The Growth Plan is relatively silent on specifics relating to this type of matter as<br />
technical matters such as this are typically dealt with at the level of zoning. However, in<br />
conjunction with the PPS, the Growth Plan supports a strong and competitive economy<br />
while protecting, conserving, enhancing and wisely using the valuable natural resources<br />
of land, air and water for current and future generations. According to the Growth Plan,<br />
municipalities are to promote economic development and competitiveness by providing<br />
opportunities for a diversified economic base, including maintaining a range and choice<br />
of suitable sites for employment uses which support a wide range of economic activities<br />
and ancillary uses and take into account the needs of existing and future businesses.<br />
The Growth Plan also includes policies which are intended to protect that which is<br />
valuable, such as natural systems and prime agricultural areas. The proposed zoning<br />
amendment conforms to the Growth Plan as it will provide for a unique economic<br />
opportunity while ensuring that the proposed filming activities are located appropriately<br />
and compatible with surrounding land uses.<br />
2. Conformity with County Policy<br />
One of the guiding principles of the Official Plan relates directly to „Economy‟ and<br />
establishes a strategic direction that sets out the importance of maintaining, stimulating<br />
and expanding appropriate sectors of the County‟s economy. The principle sets out the<br />
need to stimulate commercial development (by nurturing existing business and attracting<br />
new ones) and identifies areas for growth (i.e. tourism). The proposed amendments<br />
align with this principle and would allow Haldimand County to use its strategic location<br />
and many resources to attain the vision of having a strong and diverse economy.<br />
Haldimand County recognizes the importance and significance of the film industry to the<br />
County and acknowledges the direct and indirect economic benefits associated with this<br />
sector.<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 4 of 24
Filming in Haldimand County should be a positive experience for all parties involved.<br />
The uniqueness and beauty of Haldimand County make it a favourable choice for<br />
filming; however, the needs of the industry must be balanced against any adverse<br />
effects resulting from the film industry‟s activities. Currently, film production in the County<br />
is regulated by way of a temporary use by-law amendment to allow the temporary use of<br />
land for a purpose (i.e. film production) that is otherwise prohibited by the Zoning By-law<br />
given that it is known that the use will only be established for a brief, defined period. The<br />
issue lies with the fact that for each filming occurrence, a costly and time consuming<br />
temporary use by-law amendment process is required. The Official Plan is currently<br />
silent on film production and does not explicitly permit the use. In order to establish the<br />
policy support for the amending by-laws, an Official Plan Amendments is also required.<br />
As such, Staff have drafted a companion Official Plan Amendment to add provisions to<br />
the Official Plan which apply specifically to facilitate film production while ensuring the<br />
other important public interest matters set out below are addressed. A draft Official Plan<br />
Amendment is included as Attachment 4. Staff has reviewed the proposed amendment<br />
against a number of key planning principles as follows:<br />
.<br />
Facilitate economic growth while ensuring that any use is compatible with<br />
adjacent uses or alternatively, that appropriate measures to mitigate any<br />
adverse impacts are implemented;<br />
Comment: It is important that any film production activity not negatively affect<br />
surrounding properties. As part of the Official Plan Amendment, it is proposed<br />
that filming activities be clearly secondary and subordinate to the primary use of<br />
the property and be temporary in nature (i.e. limited to certain number of days<br />
each calendar year). This would ensure that any film production activities remain<br />
ancillary to the principle use of a property which may assist in compatibility<br />
between properties. Further, film production activities should not generate any<br />
undue noise, traffic, lighting, exhaust fumes or inappropriate signage that would<br />
interfere with the ordinary enjoyment of surrounding properties. As part of the<br />
approvals process, film production companies would be required to submit a list<br />
of any hazardous or dangerous items to be used; an emergency measures /<br />
response plan; information about lighting and noise activities including timing<br />
and duration and a copy of a notification letter to surrounding residents and<br />
businesses. These items would all need to be reviewed by County Staff and<br />
approved by the County‟s General Manager of Planning and Economic<br />
Development prior to production commencing. Through this review and approval<br />
process, proponents would need to prove that the film production activities are<br />
compatible with surrounding land uses and appropriate measures to mitigate<br />
any adverse impacts have been taken. These steps will ensure that surrounding<br />
properties are not negatively impacted by any film production activities. Further,<br />
the proposed limits on the length of film production operation ensures that these<br />
uses will be temporary in nature and the requirement to notify neighbours will<br />
ensure that compatibility issues are identified and addressed. Other applicable<br />
guidelines, such as Ontario Building Code and Haldimand County Noise By-law<br />
compliance will further serve to limit conflicts between uses.<br />
Ensure the protection of natural, environmental and cultural features;<br />
Comment: The proposed Official Plan amendment would permit film production<br />
in all land use designations; however, if proposed in the Natural Environment<br />
Areas or Hazard Land areas the filming proponent would need to submit an<br />
overview of how the activity will not negatively impact features or hazards which<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 5 of 24
Public Feedback<br />
would be submitted to the appropriate environmental agency (i.e. conservation<br />
authority). Clearance from the conservation authority, or any applicable permit<br />
issuance, would need to be provided to the General Manager prior to his<br />
approval of production commencement. Any modifications to a designated<br />
heritage feature would be required to be temporary and not compromise its<br />
heritage quality.<br />
Ensure on-site parking is adequate for the use and no adverse impacts on traffic<br />
or transportation facilities will result;<br />
Comment: According to the Official Plan, adequate off-street parking and<br />
loading facilities shall be provided for all new development to serve the needs of<br />
the specific use. The proposed amendments would include the submission<br />
requirement of a traffic management and parking control plan if 12 or more<br />
production vehicles are to be used at one filming location. This will provide the<br />
opportunity for the traffic implications to be reviewed and approved prior to the<br />
film production occurring.<br />
A pair of open houses were held on April 07, 2011 at the Cayuga Kinsmen Hall. The open<br />
houses consisted of a presentation and round-table discussions regarding each of the topic<br />
associated with Phase 2 of the zoning program, including film production. The open houses<br />
were collectively attended by 9 persons (6 at afternoon session and 3 at evening session).<br />
Attendees were asked to review draft zoning provisions relating to each matter and then to<br />
answer a series of prepared questions relating to such. In general, the questions probed the<br />
respondents‟ opinions on suitability of restrictions (e.g. too restrictive?, not restrictive enough?,<br />
etc.), the clarify of use definitions and provisions, and what they felt could be added to the<br />
provisions to assist in achieving the goal of economic development. The full list of questions and<br />
draft provisions relating to film production presented at the open houses is included as<br />
Attachment 5. Staff received one comment from the public with respect to the proposed filming<br />
provisions as outlined below.<br />
Public Comment: Traffic impact assessment should be mandatory in all film production cases.<br />
Staff Reply: Planning Staff do agree that traffic management is an important aspect to evaluate<br />
when assessing a film production proposal. However, Planning Staff is of the opinion that if the<br />
number of vehicles associated with any film production activity is low, there will not be a<br />
negative impact in terms of parking or traffic flow. As such, the recommended provision, which<br />
requires a traffic management plan only if 12 or more production vehicles are required, is<br />
considered appropriate as it would ensure that sufficient parking is available and that traffic flow<br />
is not impeded.<br />
As a general comment, the feedback was overwhelmingly positive and the sense among<br />
workshop attendees was that the initiatives presented by Staff would be helpful in creating<br />
economic development opportunities in the County and adding consistency and alignment to the<br />
County’s zoning by-laws.<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 6 of 24
Public Notice<br />
The public open house sessions and public meeting were advertised as follows:<br />
As part of the County ad in all local newspaper publications (weeks of March 21 st and<br />
March 28 th – Open Houses; weeks of April 25 th and May 2 nd – Public Meeting)<br />
As a separate stand-alone notice on the County‟s website (Open Houses - posted week<br />
of March 7 th and ran continuously through to April 7 th ; Public Meeting – posted week of<br />
April 18 th and ran continuously through to week of May 9 th )<br />
Direct mail to individuals requesting notice of the public meeting as part of their<br />
attendance at the open houses<br />
Posted on the front counter at each County office (Caledonia, Cayuga, Dunnville,<br />
Hagersville)<br />
Direct mail to Six Nations and Mississaugas of the New Credit and all agencies / officials<br />
prescribed in the Planning Act.<br />
No additional comments were received as part of the public notification.<br />
Proposed Zoning Amendments<br />
The amendments drafted by Staff serve to balance public interest matters (e.g. health and<br />
safety/quality of life; protection of existing area character;), public feedback, and the need for<br />
permissive zoning, while ensuring that all levels of policy (Provincial and local) are complied<br />
with and respected. This is proposed to be accomplished through the implementation of a new<br />
zone definition and regulations including implementation tools such as the approval process,<br />
which are outlined below. The detailed implementing by-laws are included as Attachments 1 to<br />
3.<br />
Proposal is to introduce a use definition as follows:<br />
“Film Production” shall mean videotaping, photography or any other form of visual<br />
recording for a feature film, television program, documentary, commercial, music video,<br />
educational film or other purpose outside a film studio, but does not include street<br />
interviews, newscasts, press conferences, or visual recordings for personal purposes<br />
only.<br />
Film Production<br />
a) Film Production is permitted in the following zones: R1, R2, R3, R4, RH,<br />
CG, CS, CN, CH, CHA, CR, MR, MD, MS, A, IC, IN, IR, OS, HL and OST<br />
(*will vary with applicable zoning by-law).<br />
b) The use shall be secondary to the main use on the subject lands;<br />
c) Film Production shall be limited to a maximum of 150 total days per<br />
calendar year;<br />
d) All buildings and structures and activities relating to film Production shall<br />
comply with the Ontario Building Code, as amended from time to time;<br />
e) Film Production and any activities associated with Film Production shall<br />
comply with the Haldimand County Noise By-law, as amended from time<br />
to time;<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 7 of 24
f) If Film Production is proposed to take place on Provincially or County<br />
owned property, the Film Production shall comply with the Procedural<br />
Manual – Haldimand County Filming Guidelines and Filming Permits<br />
policy, as amended from time to time;<br />
g) Prior to film production taking place on a piece of land, the production<br />
company shall submit an information package for approval by the<br />
General Manager of Planning and Economic Development consisting of<br />
the following:<br />
i. filming schedule including specifications on days and hours of<br />
operation;<br />
ii. a traffic management and parking control plan if more than 12<br />
production vehicles are used at one filming location;<br />
iii.<br />
iv.<br />
a filming site map;<br />
a list of gunfire, explosives, bombs/mock ups, flash power,<br />
detonators, flammable liquids / materials, the filming of dangerous<br />
stunts, and intent to use guns;<br />
v. an emergency measures / response plan;<br />
vi.<br />
vii.<br />
viii.<br />
ix.<br />
a lighting plan that identifies sources, impacts and timing of<br />
lighting;<br />
a description of noise generation that identifies sources and<br />
intensities of noise as well as when those would occur;<br />
a copy of all notification letters to residents and businesses; and<br />
written approval from the appropriate Conservation Authority if<br />
filming is proposed to occur in Regulated Areas or on lands zoned<br />
as „Hazard Land (HL)‟.<br />
It should be noted that the above provisions represent a combination of the proposed provisions<br />
presented at the April 7, 2011 Open Houses and modifications to those provisions resulting from<br />
public consultation and further analysis (provisions provided at Open Houses are shown in<br />
Attachment 5). As previously outlined in this report, the recommended provisions were drafted<br />
with the intention of upholding key planning principles and the multitude of public interest<br />
matters. Public consultation in combination with further analysis revealed the opportunity to<br />
improve the recommended provisions by adding additional provisions to ensure policy<br />
compliance and obtain the desired results.<br />
Filming Policy<br />
The County presently has a Council approved filming policy in force and effect. The policy<br />
applies to film events on County-owned lands and sets out a series of requirements for such<br />
practices. The film provisions proposed as part of this general amendment process are not<br />
intended to replace the policy but will instead serve to complement it in situations where filming<br />
is to take place on County property. Wherever any inconsistencies exist, the zoning by-law will<br />
take precedence as it represents applicable law.<br />
BUDGET/LEGAL IMPLICATIONS:<br />
Not applicable.<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 8 of 24
INTERDEPARTMENTAL IMPACTS/CIRCULATION COMMENTS:<br />
Once by-law amendments are eventually passed, a variety of internal Departments‟ and<br />
Divisions‟ interests will be articulated through the zoning by-laws. In addition, several Divisions<br />
will be responsible for interpreting, enforcing and implementing the zoning by-laws. Staff from<br />
these Departments sits on a Steering Committee to ensure that their interests are represented<br />
during the preparation of the general zoning amendments.<br />
The issues and approaches thereto that are addressed in this report have been completed by<br />
Staff of the following Divisions: Planning & Development; Building Controls & By-law<br />
Enforcement; and Economic Development and Tourism. Public Works Staff has also provided<br />
advice regarding certain technical matters. The project Steering Committee has fully reviewed<br />
the report and endorses the content of such, and in particular, the draft recommendations and<br />
by-laws herein.<br />
LINKS TO STRATEGIC PLANS:<br />
The preparation of updated general amendments to the zoning by-laws is an integral<br />
component in facilitating development and streamlining the development approvals process.<br />
The amendments will provide a regulatory framework to assist in achieving the growth of the<br />
County as articulated in the community “Vision Statement”.<br />
The amendments also serve to implement first of the 3 strategic pillars of Haldimand County –<br />
Creating Economic Opportunity – by introducing a new business advantage not previously<br />
available.<br />
CONCLUSION:<br />
The draft amendments presented in this report are considered to be priority matters and serve<br />
to satisfy the following objectives:<br />
Provide more opportunities for economic development in accordance with the Provincial<br />
Policy Statement and County Official Plan<br />
Building flexibility into the zoning by-laws<br />
Provide consistency between the three (3) By-laws<br />
Update standards that are considered antiquated and restrictive<br />
It is recommended that Committee support Staff’s recommendations herein and that the general<br />
amending by-laws and Official Plan Amendment attached hereto be passed as part of an interim<br />
approach that will more quickly address process, flexibility and equity concerns, prior to<br />
preparing one overall County-wide zoning by-law.<br />
ATTACHMENTS:<br />
1. Draft Zoning By-law Amendment – 1-DU 80<br />
2. Draft Zoning By-law Amendment – 1-H 86<br />
3. Draft Zoning By-law Amendment – NE 1-2000<br />
4. Draft Official Plan Amendment<br />
5. Open House Distribution Package<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 9 of 24
REQUIRED AND RECEIVED COMMENTS FROM:<br />
Yes or Not applicable<br />
Clerk‟s<br />
Community Services Department<br />
Finance<br />
Health & Social Services Department<br />
Human Resources<br />
Information Systems<br />
Legal<br />
Public Works Department<br />
Planning & Economic Development Department<br />
Support Services<br />
Other<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Not applicable<br />
Yes<br />
Not applicable<br />
Not applicable<br />
CLERK’S DIVISION REVIEW<br />
Report: PED-PD-24-2011 - General Official Plan and Zoning Amendments - Film Production (Haldimand County)<br />
COUNCIL IN COMMITTEE: May 9, 2011<br />
RECOMMENDATION NO: 3<br />
Approved<br />
Approved with Amendments<br />
Defeated<br />
Deferred<br />
Other<br />
COUNCIL: May 16, 2011<br />
RESOLUTION NO: 99-11<br />
Approved<br />
Approved with Amendments (Noted below)<br />
Defeated<br />
Deferred<br />
Other<br />
Recommendation(s):<br />
Council Direction:<br />
Clerk‟s Division Action Taken:<br />
By-laws passed.<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 10 of 24
Report: PED-PD-24-2011, Attachment 1<br />
THE CORPORATION OF <strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
By-law No. /11<br />
Being a by-law to amend the Zoning By-law 1-DU 80 of the<br />
Town of Dunnville, as amended, in the name of the<br />
Corporation of Haldimand County<br />
WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of<br />
Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;<br />
AND WHEREAS this by-law conforms to the Haldimand County Official Plan;<br />
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as<br />
follows:<br />
1. THAT Section 4 – Definitions of Zoning By-law 1-DU 80 of the former Town of Dunnville<br />
is hereby amended by adding the following:<br />
4.116 “Film Production” shall mean filming, videotaping, photography or any other<br />
form of visual recording for a feature film, television program, documentary,<br />
commercial, music video, educational film or other purpose outside a film<br />
studio, bus does not include street interviews, newscasts, press conferences,<br />
or visual recordings for personal purposes only.<br />
2. AND THAT Section 6 – General Provisions of Zoning By-law 1-DU 80 of the former<br />
Town of Dunnville is hereby amended by adding the following:<br />
6.27 Film Production<br />
a) Film Production is permitted in the following zones: R1, R2, R3, R4, R5,<br />
R6, RH, RS, CG, CS, CN, CH, CHA, CR, CM, MG, ML, MM, MR, MD,<br />
MX, MXS, A, IC, IN, IR, HL, OS and OST.<br />
b) The use shall be secondary to the main use on the subject lands<br />
c) Film Production shall be limited to a maximum of 150 days per year<br />
d) All buildings and structures relating to Film Production shall comply with<br />
the Ontario Building Code, as amended from time to time;<br />
e) Film Production and any activities associated with Film Production shall<br />
comply with the Haldimand County Noise By-law, as amended from time<br />
to time;<br />
f) If Film Production is proposed to take place on Provincially or County<br />
owned property, the Film Production shall comply with the Procedural<br />
Manual – Haldimand County Filming Guidelines and Filming Permits<br />
policy, as amended from time to time;<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 11 of 24
By-law No. /11 Page 2<br />
g) Prior to film production taking place on a piece of land, the production<br />
company shall submit an information package for approval of the General<br />
Manager of Planning and Economic Development consisting of the<br />
following:<br />
i. filming schedule including specifications on days and hours of<br />
operation;<br />
ii. a traffic management and parking control plan if more than 12<br />
production vehicles are used at one filming location;<br />
iii.<br />
iv.<br />
a filming site map;<br />
a list of gunfire, explosives, bombs/mock ups, flash power,<br />
detonators, flammable liquids / materials, the filming of dangerous<br />
stunts, and intent to use guns;<br />
v. an emergency measures / response plan;<br />
vi.<br />
vii.<br />
viii.<br />
ix.<br />
a lighting plan that identifies sources, impacts and timing of<br />
lighting;<br />
a description of noise that identifies sources and intensities of<br />
noise as well as when those would occur;<br />
a copy of all notification letters to residents and businesses; and<br />
written approval from the appropriate Conservation Authority if<br />
filming is proposed to occur on Regulated Lands or on lands<br />
zoned as „Hazard Land (HL)‟.<br />
3. AND THAT this by-law shall take force and effect on the date of passing.<br />
READ a first and second time this 16 th day of May, 2011.<br />
READ a third time and finally passed this 16 th day of May, 2011.<br />
MAYOR<br />
CLERK<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 12 of 24
PURPOSE AND EFFECT OF BY-LAW NO. /11<br />
This By-law affects lands located throughout Haldimand County.<br />
The purpose of this by-law is to introduce new provisions relating to film production within<br />
Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws<br />
enables a more streamlined way for potential T.V. / Production crews to receive County<br />
approvals. The general amendments are intended to create updated standards related to film<br />
production.<br />
A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend<br />
policies relating to film production also relates to this matter.<br />
PED-PD-24-2011<br />
File No. PLZ-HA 2011 054<br />
Related file: PLOP-HA 2011 053<br />
Roll No. Various<br />
Haldimand County<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 13 of 24
Report: PED-PD-24-2011, Attachment 2<br />
THE CORPORATION OF <strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
By-law No. /11<br />
Being a by-law to amend the Zoning By-law 1-H 86 of the<br />
Town of Haldimand, as amended, in the name of the<br />
Corporation of Haldimand County<br />
WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of<br />
Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;<br />
AND WHEREAS this by-law conforms to the Haldimand County Official Plan;<br />
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as<br />
follows:<br />
1. THAT Section 4 – Definitions of Zoning By-law 1-H 86 of the former Town of Haldimand<br />
is hereby amended adding the following:<br />
4.114 “Film Production” shall mean filming, videotaping, photography or any other<br />
form of visual recording for a feature film, television program, documentary,<br />
commercial, music video, educational film or other purpose outside a film<br />
studio, bus does not include street interviews, newscasts, press conferences,<br />
or visual recordings for personal purposes only.<br />
2. AND THAT Section 6 – General Provisions of Zoning By-law 1-H 86 of the former Town<br />
of Haldimand is hereby amended by adding the following:<br />
6.28 Film Production<br />
a) Film Production is permitted in the following zones: R1, R1-A, R1-B, R2,<br />
R3, R4, RH, RS, CG, CS, CN, RB, CHA, CR, CM, MG, ML, MR, MD, MX,<br />
A, IC, IN, IR, D, W, HL, OS and OST.<br />
b) The use shall be secondary to the main use on the subject lands;<br />
c) Film Production shall be limited to a maximum of 150 days per calendar<br />
year;<br />
d) All buildings and structures relating to film Production shall comply with<br />
the Ontario Building Code, as amended from time to time;<br />
e) Film Production and any activities associated with Film Production shall<br />
comply with the Haldimand County Noise By-law, as amended from time<br />
to time;<br />
f) If Film Production is proposed to take place on Provincially or County<br />
owned property, the Film Production shall comply with the Procedural<br />
Manual – Haldimand County Filming Guidelines and Filming Permits<br />
policy, as amended from time to time;<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 14 of 24
By-law No. /11 Page 2<br />
g) Prior to film production taking place on a piece of land, the production<br />
company shall submit an information package for approval to the General<br />
Manager of Planning and Economic Development consisting of the<br />
following:<br />
i. filming schedule including specifications on days and hours of<br />
operation;<br />
ii. a traffic management and parking control plan if more than 12<br />
production vehicles are used at one filming location;<br />
iii.<br />
iv.<br />
a filming site map;<br />
a list of gunfire, explosives, bombs/mock ups, flash power,<br />
detonators, flammable liquids / materials, the filming of dangerous<br />
stunts, and intent to use guns;<br />
v. an emergency measures / response plan;<br />
vi.<br />
vii.<br />
viii.<br />
ix.<br />
a lighting plan that identifies sources, impacts and timing of<br />
lighting;<br />
a description of noise that identifies sources and intensities of<br />
noise as well as when those would occur;<br />
a copy of all notification letters to residents and businesses; and<br />
written approval from the appropriate Conservation Authority if<br />
filming is proposed to occur on Regulated Lands or on lands<br />
zoned as „Hazard Land (HL)‟ or „Wetland (W)‟.<br />
3. AND THAT this by-law shall take force and effect on the date of passing.<br />
READ a first and second time this 16 th day of May, 2011.<br />
READ a third time and finally passed this 16 th day of May, 2011.<br />
MAYOR<br />
CLERK<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 15 of 24
PURPOSE AND EFFECT OF BY-LAW NO. /11<br />
This By-law affects lands located throughout Haldimand County.<br />
The purpose of this by-law is to introduce new provisions relating to film production within<br />
Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws<br />
enables a more streamlined way for potential T.V. / Production crews to receive County<br />
approvals. The general amendments are intended to create updated standards related to film<br />
production.<br />
A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend<br />
policies relating to film production also relates to this matter.<br />
PED-PD-24-2011<br />
File No. PLZ-HA 2011 054<br />
Related file: PLOP-HA 2011 053<br />
Roll No. Various<br />
Haldimand County<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 16 of 24
Report: PED-PD-24-2011, Attachment 3<br />
THE CORPORATION OF <strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
By-law No. /11<br />
Being a by-law to amend the Zoning By-law NE 1-2000 of the<br />
City of Nanticoke, as amended, in the name of the Corporation<br />
of Haldimand County<br />
WHEREAS Haldimand County is empowered to enact this by-law, by virtue of the provisions of<br />
Section 34 of the Planning Act, R.S.O 1990, c.P.13 as amended;<br />
AND WHEREAS this by-law conforms to the Haldimand County Official Plan;<br />
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as<br />
follows:<br />
1. THAT Section 2 – Definitions of Zoning By-law 1-NE 2000 of the former City of<br />
Nanticoke is hereby amended adding the following:<br />
2.56-1 “Film Production” shall mean filming, videotaping, photography or any other<br />
form of visual recording for a feature film, television program, documentary,<br />
commercial, music video, educational film or other purpose outside a film<br />
studio, bus does not include street interviews, newscasts, press conferences,<br />
or visual recordings for personal purposes only.<br />
2. AND THAT Section 3 – General Provisions of Zoning By-law NE 1-2000 of the former<br />
City of Nanticoke is hereby amended by adding the following:<br />
3.35 Film Production<br />
a) Film Production is permitted in the following zones: R1, R2, R3, R4, RM,<br />
R5, RH, RV, CD, CH, CN, CHA, CR, CMT, MH, MG, MP, MR, MD, MX<br />
IC, IN, IR, OS, OST, A, HL and D.<br />
b) The use shall be secondary to the main use on the subject lands;<br />
c) Film Production shall be limited to a maximum of 150 days per calendar<br />
year;<br />
d) All buildings and structures relating to film Production shall comply with<br />
the Ontario Building Code, as amended from time to time;<br />
e) Film Production and any activities associated with Film Production shall<br />
comply with the Haldimand County Noise By-law, as amended from time<br />
to time;<br />
f) If Film Production is proposed to take place on Provincially or County<br />
owned property, the Film Production shall comply with the Procedural<br />
Manual – Haldimand County Filming Guidelines and Filming Permits<br />
policy, as amended from time to time;<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 17 of 24
By-law No. /11 Page 2<br />
g) Prior to film production taking place on a piece of land, the production<br />
company shall submit an information package for approval by the General<br />
Manager of Planning and Economic Development consisting of the<br />
following:<br />
i. filming schedule including specifications on days and hours of<br />
operation;<br />
ii. a traffic management and parking control plan if more than 12<br />
production vehicles are used at one filming location;<br />
iii.<br />
iv.<br />
a filming site map;<br />
a list of gunfire, explosives, bombs/mock ups, flash power,<br />
detonators, flammable liquids / materials, the filming of dangerous<br />
stunts, and intent to use guns;<br />
v. an emergency measures / response plan;<br />
vi. a lighting plan that identifies sources, impacts and timing of<br />
lighting;<br />
vii. a description of noise that identifies sources and intensities of<br />
noise as well as when those would occur;<br />
x. a copy of all notification letters to residents and businesses; and<br />
xi.<br />
written approval from the appropriate Conservation Authority if<br />
filming is proposed to occur on Regulated Lands or on lands<br />
zoned as „Hazard Land (HL)‟.<br />
3. AND THAT this by-law shall take force and effect on the date of passing.<br />
READ a first and second time this 16 th day of May, 2011.<br />
READ a third time and finally passed this 16 th day of May, 2011.<br />
MAYOR<br />
CLERK<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 18 of 24
PURPOSE AND EFFECT OF BY-LAW NO. /11<br />
This By-law affects lands located throughout Haldimand County.<br />
The purpose of this by-law is to introduce new provisions relating to film production within<br />
Haldimand County. Entrenching filming into all three (3) Haldimand County Zoning By-laws<br />
enables a more streamlined way for potential T.V. / Production crews to receive County<br />
approvals. The general amendments are intended to create updated standards related to film<br />
production.<br />
A related Official Plan Amendment to the Haldimand County Official Plan (HCOP-11) to amend<br />
policies relating to film production also relates to this matter.<br />
PED-PD-24-2011<br />
File No. PLZ-HA 2011 054<br />
Related file: PLOP-HA 2011 053<br />
Roll No. Various<br />
Haldimand County<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 19 of 24
Report: PED-PD-24-2011, Attachment 4<br />
THE CORPORATION OF <strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
By-law No. /11<br />
Being a by-law to adopt Amendment No. HCOP-11 to the<br />
Haldimand County Official Plan in the name of the Corporation<br />
of Haldimand County<br />
WHEREAS Haldimand County is empowered to enact this by-law by virtue of the provisions of<br />
Sections 17 and 21 of the Planning Act, R.S.O. 1990, c.P.13 as amended;<br />
AND WHEREAS this by-law conforms to the Haldimand County Official Plan;<br />
NOW THEREFORE, the Council of The Corporation of Haldimand County enacts as<br />
follows:<br />
1. THAT Amendment No. HCOP-11 to the Haldimand County Official Plan, for various<br />
lands in Haldimand County, consisting of the explanatory text, as attached to form a part<br />
of this by-law, be hereby adopted.<br />
2. AND THAT the effective date of this by-law shall be the date of final passing hereof.<br />
READ a first and second time this 16 th day of May, 2011.<br />
READ a third time and finally passed this 16 th day of May, 2011.<br />
MAYOR<br />
CLERK<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 20 of 24
PART A: PREAMBLE TO THE AMENDMENT<br />
1. Purpose of the Amendment:<br />
AMENDMENT NO. HCOP-11<br />
TO THE <strong>HALDIMAND</strong> <strong>COUNTY</strong><br />
OFFICIAL PLAN<br />
The purpose of this Official Plan Amendment is to add a new policy section relating to<br />
„Filming in Haldimand County‟ and the land use permissions and location criteria for<br />
such.<br />
2. Location of the Lands Affected:<br />
The amendment applies to all land use designations.<br />
3. Basis of the Amendment:<br />
Film and television production is an industry which can contribute both direct and indirect<br />
economic benefits to a municipality. Presently, the three (3) Zoning By-laws which<br />
regulate Haldimand County land use do not permit film production. The County currently<br />
practices a tradition of utilizing, through subsection 1 of Section 34 of the Planning Act<br />
R.S.O 1990, Temporary Use By-laws to permit filming for a temporary period of time.<br />
The requirement for these applications result in costs and delays for the proponents and<br />
requires significant time and resources from County Staff to review and process the<br />
temporary use zoning amendment applications. In addition, the existing policy<br />
framework does not contemplate film production as a permitted use. A detailed analysis<br />
was completed which revealed that the opportunity exists to include parameters within<br />
the Official Plan which apply specifically to film production. In that regard, the<br />
Amendment will permit for limited film production activities as set out in the implementing<br />
zoning by-law. Further, the Amendment would ensure that film production is permitted in<br />
appropriate areas provided that any film production activities remain secondary and<br />
subordinate to the primary use of a property. This Amendment is deemed to be<br />
consistent with Provincial policy and is deemed to meet the general intent and purpose<br />
of the Haldimand County Official Plan. Entrenching film production into the policy and<br />
zoning framework may enable a more streamlined way for potential T.V. / Production<br />
crews to receive County approvals.<br />
A general amending zoning by-law is also proposed and would permit Filming Activities<br />
as-of-right in a variety of land use zones to correspond to the designations noted in this<br />
Amendment.<br />
The changes are not fundamental shifts in the policy direction and relate to technical<br />
matters that are more appropriately governed through zoning provisions as opposed to<br />
Official Plan policy.<br />
PART B: THE AMENDMENT:<br />
The Haldimand County Official Plan is hereby amended as follows:<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 21 of 24
Text Amendment:<br />
A new Section 5 Q. is hereby added as follows:<br />
“Q.<br />
Film Production<br />
1. Film production is permitted in all land use designations.<br />
2. Film Production shall:<br />
a) be clearly secondary and subordinate to the primary use of the property;<br />
b) have sufficient on-site parking;<br />
c) not generate undue noise, traffic, lighting, exhaust fumes or inappropriate<br />
signage to the extent of interfering with the ordinary enjoyment of surrounding<br />
properties;<br />
d) not negatively impact natural environment areas, hazardous areas or cultural or<br />
heritage resources;<br />
e) comply with the Ontario Building Code, as amended from time to time;<br />
f) comply with the Haldimand County Noise By-law, as amended from time to time;<br />
g) comply with Procedural Manual – Haldimand County Filming Guidelines and<br />
Filming Permits policy, as amended from time to time, if film production is<br />
proposed to take place on Provincially or County owned land; and<br />
h) be regulated by the County‟s Zoning By-laws.”<br />
PART C: ADDITIONAL INFORMATION<br />
Implementation:<br />
This amendment will be implemented by Haldimand County by enacting a general<br />
amendment to City of Nanticoke Zoning By-law NE 1-2000, Town of Dunnville Zoning<br />
By-law 1-DU 80 and Town of Haldimand Zoning By-law 1-H 86.<br />
Report PED-PD-24-2011<br />
File Nos. PLOP-HA 2011 053, PLZ-HA 2011 054<br />
Haldimand County<br />
Roll Nos. Various<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 22 of 24
Report: PED-PD-24-2011, Attachment 5<br />
Film Production<br />
a) 4.117 “Film Production” shall mean filming, videotaping, photography or any other<br />
form of visual recording for a feature film, television program, documentary,<br />
commercial, music video, educational film or other purpose outside a film<br />
studio, bus does not include street interviews, newscasts, press conferences,<br />
or visual recordings for personal purposes only.<br />
6.28 Film Production<br />
a) Film Production is permitted in the following zones: R1, R2, R3, R4, RH,<br />
CG, CS, CN, CH, CHA, CR, MR, MD, MS, A, IC, IN, IR, OS and OST.<br />
b) Film Production shall comply with the Ontario Building Code, as amended<br />
from time to time;<br />
c) If Film Production is proposed to take place on Provincially or County<br />
owned property, the Film Production shall comply with the Procedural<br />
Manual – Haldimand County Filming Guidelines and Filming Permits<br />
policy, as amended from time to time;<br />
d) Prior to film production taking place on a piece of land, the following shall<br />
be submitted to and approved by the General Manager of Planning and<br />
Economic Development:<br />
i. filming schedule including specifications on days and hours of<br />
operation;<br />
ii. a traffic management and parking control plan if more than 12<br />
production vehicles are used at one filming location;<br />
iii.<br />
iv.<br />
a filming site map;<br />
a list of gunfire, explosives, bombs/mock ups, flash power,<br />
detonators, flammable liquids / materials, the filming of dangerous<br />
stunts, and intent to use guns;<br />
v. an emergency measures / response plan;<br />
vi.<br />
vii.<br />
viii.<br />
a lighting plan that identifies sources, impacts and timing of<br />
lighting;<br />
a noise assessment that identifies sources and intensities of noise<br />
as well as when those would occur; and<br />
a copy of all notification letters to residents and businesses<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 23 of 24
Questions<br />
1) Is the definition of the use clear?<br />
a. If the definition is not clear, what changes are required to better describe the<br />
intended use?<br />
2) What provisions are beneficial (please list)?<br />
a. Why are they beneficial?<br />
b. Can anything be done to improve them further? If so, please describe<br />
c. Are public interest matters such as health and safety, quality of life, protection of<br />
traditional downtown cores, protecting area character, and land use compatibility<br />
addressed with the provisions provided?<br />
3) What provisions are detrimental to appropriate development or economic development<br />
(please list)?<br />
a. Why are they detrimental?<br />
b. Can anything be done to improve them? If so, please describe<br />
c. If you are proposing a provision be eliminated, please indicate the provision. Would<br />
elimination of the provision impact public interest matters listed in 2 „c‟ above?<br />
Please explain „why‟ or „why not‟.<br />
4) If you have any further suggestions for zoning provisions, please describe them and explain<br />
the rationale for these.<br />
Council in Committee<br />
Report: PED-PD-24-2011<br />
Date of Meeting: May 09, 2011 Page 24 of 24