Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
29 November 2007 / le 29 novembre 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 : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
REPORT RECOMMENDATION
That the Planning and Environment Committee consider the objections received to the Road Closing application for an unused portion of Bullman Street, as shown on Document 1, and confirm the approval given by staff on July 19, 2007 under delegated authority, subject to the conditions included in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme
et de l’environnement examine les objections reçues à la demande de fermeture
de rue portant sur une section inutilisée de la rue
Bullman, représentée dans le Document 1, et confirme l’approbation donnée par
le personnel, en vertu des pouvoirs qui lui ont été délégués, le 19 juillet
2007, sous réserve des conditions incluses dans le Document 2.
BACKGROUND
A road closure application
was initiated by the Real Property Asset Management Branch of the City of
Ottawa for a portion of Bullman Avenue, as identified in Document 1.
Subject to the Delegated
Authority By-law 2005-503, the Program Manager for Development Approvals
Central Unit approved the application, in principle, with the conditions as
listed in Document 2.
The Notice of Intent to close the road was advertised in a local newspaper having general circulation in the municipality on August 16, 2007 and direct notification was given to the abutting owners. Written opposition and/or expressions of concern related to the proposed closure were received from several residents living in proximity to the subject property. Therefore, as per the Delegated Authority By-law, a public meeting is required, to allow those in opposition and/or expressing concerns to make their views known to Committee and Council prior to a closure by-law being approved by Council.
The part of the road to be closed is a portion of road allowance not used for road purposes, for the easterly portion of Bullman Street, east of Hinchey Avenue between 261 and 263 Hinchey Avenue. The section of Bullman Street under consideration is approximately 536 square metres, 18.3 metres wide and 29.3 metres deep.
The subject property is in a Multiple Unit Residential (R4D) zone, which permits a mix of residential uses to encourage medium density development. The purpose of this application is to create a residential lot between 261 and 263 Hinchey Avenue. The Real Property Asset Management Branch of the City (RPAM) investigates untravelled portions of streets, with a review to their possible development for infill housing. Before initiating this application for Bullman Street, a circulation was undertaken by RPAM to determine if there was any need to retain this road for road purposes or whether there was any other City requirement. The City’s Housing Branch indicated an interest for affordable housing. It is proposed that the lot created be used for affordable housing under the City's "Housing First" policies.
If the Housing Branch chose not to utilize the property for affordable housing, RPAM could sell the property if the closure was approved, where they would be required under the City Disposal Policy to offer the property for sale to the general public.
DISCUSSION
The part of the road to be closed is a portion of road allowance not used for road purposes. The lands are currently used to provide vehicular access to parking for the adjacent lands at 261 and 263 Hinchey Avenue and as a parking lot.
Various discussions between the Councillor’s office, the Planning Branch, the Housing Branch, the Hintonburg Community Association and the concerned residents resulted in the Community Association, an abutting property owner and a concerned resident removing their objections.
Three residents did not remove their objections. Staff have reviewed the correspondence received and have concluded that the concerns expressed and/or the opposition do not relate directly to the proposed closure, but rather relate to concerns with the potential development of the site. Staff further notes that the R4D zoning of the subject property should determine the appropriate development of the site in conjunction with City policies for the disposition of City- owned lands.
Remaining Objections
The concerns expressed and/or reason’s provided for objecting are stated within the objection correspondence contained in Document 3, and are summarized below:
Residents
(not abutting subject property)
- Objection to Affordable Housing on this property. Do not relish the thought of another low-income residence just up the street as there are too many in the neighbourhood. As land is less expensive in the outer areas of Ottawa, why are they not targeted?
- The road closing has become increasingly complex and appears now to be only distantly related to the original proposal. There are arcane discussions as to what constitute a “roadway”, “access”, “parking” and the like. The resident is hoping that an appearance before the Planning and Environment Committee will among other things provide some clarity on the matter.
- Questions regarding whether the City can sell the subject property, and the structure of Habitat for Humanity and relationship with City to be able to build on City lands.
Abutting Property
owner
- Proposed road closing is equivalent to closing the portion of Bullman between Hinchey and Pinehurst and erecting buildings in the middle of the street because all access to parking is from Bullman.
- Resale value of home will drastically decrease but property taxes would not drop accordingly.
Response to objections
- This application is for the closing of a road and not for the development of the land. Development of the land would be subject to City of Ottawa’s Zoning By-law, which advances the policies of the Official Plan for residential development and affordable housing.
- Although abutting residents use the land for vehicular access to their properties and for parking it is not being used or maintained as a public road.
- The subject portion of road is not used as a road and access to properties will be maintained through a condition of approval.
Recommendation
The Road Closing application was given approval, in principle, for the following reasons:
1. The Strategic Directions of the Official Plan for transportation contemplates the closing of unused road allowances where those road allowances do not have a reasonable potential, in the short or long term, for use as a roadway, a transit or utility corridor, a pedestrian or cyclist link or, or a public access to the shore of a waterbody.
2. The subject portion of Bullman Street does not have a reasonable potential for use as a roadway, a transit or utility corridor, a pedestrian or cyclist link or a public access. Lands located immediately to the east of the proposed street closure have been developed for residential purposes, eliminating the possibility of a future connection to Carruthers Avenue to the east.
3. The use of the proposed portion of road to be closed for residential purposes meets the intent of the Official Plan, which encourages infill where development is compatible with adjacent neighbourhoods.
4. The City’s Housing Branch has indicated an interest in utilizing the property for an affordable housing project. The Strategic Directions of the Official Plan encourages the creation of affordable and appropriate housing for all residents. The intention of these Official Plan policies is to contribute to improving the supply of affordable housing. More specifically, the Official Plan contemplates utilizing land that is surplus to the City’s needs and suitable for residential development and gives priority for those surplus lands to be used for the development of affordable housing.
5. The lands are used to provide vehicular access to parking for the adjacent lands at 261 and 263 Hinchey. As part of the approval, the applicant will be required to confirm, with the adjacent owners, that access to their parking will be accommodated.
6. The property currently accommodates some utilities. As part of the approval, the applicant will be required to confirm easement requirements and have them provided to these utilities.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the approval in principle given by staff under delegated approval authority.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS
TIMELINE STATUS
This application was not processed by the “On Time Decision Date” established for the processing of an application that has Program Manager Delegated Authority due to determining appropriate responses to public comments.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Conditions of Approval
Document 3 Objection
Correspondence
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the applicant, Sue Maisonneuve, RPAM, City of Ottawa, 5th Floor, 110 Laurier Avenue West, Ottawa, ON K1P 1J1 (Mail Code: 01-86)
Legal Services Branch to prepare
and forward the Road Closure By-law to City Council in accordance with the
conditions of approval set out in Document 2.
1. The street or lane closure shall be undertaken by enactment of
a street or lane closure by‑law.
2. If selling the closed road, the City is not legally obliged
to offer for sale to an abutting owner all or a portion of the closed road.
3. If selling the closed road, a conveyance of a closed road
shall be at current market value in accordance with By-law No. 2002-38.
4. The Applicant will be responsible for all costs of the road
closure including the application fee (which includes the cost of
advertising/giving notice), survey/reference plan, appraisal (if any), removal
of encumbrances (if any), registration of documents, land transfer tax and GST
(if applicable).
5.
Prior to
enactment of the by-law (if the City is selling the closed road):
(a) The Applicant shall have prepared and provided to the City
Solicitor, a plan of survey/reference plan, showing the road, or portion
thereof, to be closed, the parcels of land therein to be conveyed to all
parties, any existing or required utility easements and a registerable legal
description of all such parcels of land, to the satisfaction of the City
Solicitor and the City Surveyor;
(b) The applicant/purchaser(s) of all closed portions of the road
being sold shall have provided to the City Solicitor written confirmation that
any zoning violation which may result from the closing will be the applicant’s
responsibility to remedy; and
(c) A binding Agreement(s) of Purchase and Sale shall have been
entered into by the City and the applicant/purchaser(s) for the closed road.
6. Should the conditions in Paragraph 5 above not be fulfilled within
one (1) year of the date of approval of the street or lane closure application,
the approval of the street or lane closure application shall be null and void.
7. The Municipal Act
provides that the closing by-law enacted by City Council does not take effect
until registered on title. If the City
is selling the closed road, the by-law will not be registered on title until
such time as the conveyance of the closed road is to be completed pursuant to
an Agreement of Purchase and Sale.
SPECIAL CONDITIONS
8. Hydro Ottawa and Bell Canada have advised of the need for
easements. The Applicant shall liaise
with these utilities to confirm requirements and to provide for having their
needs accommodated prior to the enactment of the closure by-law.
9.
The owners of
the adjacent lands at 261 and 263 Hinchey have advised that vehicular access to
their parking is accommodated from the section of Bullman to be closed. The applicant shall liaise with these owners
to ensure that their vehicular access needs will be accommodated prior to the
enactment of the closure by-law.
OBJECTION CORRSPONDENCE DOCUMENT 3
Although abutting residents use the land for vehicular access to their properties and for parking it is not being used or maintained as a public road. Access to abutting properties will be maintained through a condition of approval.
This application is for the closing of a road and not for the development of the land. Development of the land would be subject to City of Ottawa’s Zoning By-law, which advances the policies of the Official Plan for residential development and affordable housing.
Objection 3b)
Please note that I am not prepared to remove my objection to the proposed Bullman and Hinchey closure.
During the time I first learned of this proposal from the Hintonburg Community Association, not the City of Ottawa, I have more than sixty (60) emails on the topic with many more recipients involved. The matter has become increasingly complex and appears now to be only distantly related to the original proposal. At the moment there are ongoing arcane discussions as to what constitutes a "roadway", "access", "parking" and the like.
I am hopeful that my appearance before the "Planning and Environment Committee" will, among other things, provide this potentially affected ratepayer with some clarity on the matter.
Please confirm that my 'Notice of Objection' - which I have chosen to call this email - has been duly received & its contents noted.
Thank you.
M. Lewis
Under Housing First the City can sell the land for market
value or below market value. If no person or organization is interested in
developing the land for affordable housing, then the City may sell the
land to anyone at market value.
Habitat
for Humanity has shown interest in this site. However, there is no guarantee
that Habitat for Humanity will purchase the site. The City may choose a
competitive request for proposals or other tendering process when and if the
lands become available.
Habitat for Humanity Canada is not a private entity; it is a national, non-profit, faith-based organization. Habitat for Humanity has completed a number of successful projects in the City of Ottawa, mostly with strong community support.
The City cannot simply grant Habitat for Humanity the
land. As stated earlier there is no guarantee that Habitat will purchase
the lands. They have only expressed an interest at this point.
Under the Housing First Policy, the Housing Branch posts
potential surplus properties on the City website. Both the private and
non-profit sector is encouraged to contact the City to express interest in a
site. We do this to give an indication of the interest and capability of
various organizations to develop a site. If we have no one express interest we
may chose not to pursue development, if we have a large site for example and
a lot if interest from both the private and noon- profit sectors then we
would likely conduct a completive call for proposals.