1. STREET CLOSURE – ROAD ALLOWANCE, CONCESSION 4, BETWEEN LOTS 10 AND 11, TORBOLTON, FORMER TOWNSHIP OF WEST CARLETON

FERMETURE DE RUE – EMPRISE ROUTIERE, CONCESSION 4, ENTRE LES LOTS 10 ET 11, RUE TORBOLTON, ANCIEN CANTON DE WEST CARLETON

Committee recommendation as amended

That Council confirm the status of the above-noted land as an unopened road allowance.

Recommandation MODIFIÉE du Comité

Que le Conseil confirme la désignation du terrain susmentionné d’emprise routière non ouverte.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated 11 August 2008 (ACS2008-PTE-PLA-0173).

2. Extract of Draft Minutes, 11 September 2008.

Report to/Rapport au:

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

11 August 2008 / le 11 aôut 2008

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

West Carleton (5)

Ref N°: ACS2008-PTE-PLA-0173

SUBJECT:	Street closure – road allowance, concession 4, between lots 10 and 11, torbolton, former township of West carleton (File no. d07-14-08-0003)
OBJET :	Fermeture de rue – Emprise routière, concession 4, entre les lots 10 et 11, rue Torbolton, ancien Canton de West Carleton

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend Council approve a Street Closure application for the lands legally known as Concession 4, Part of Lots 10 and 11, Torbolton, Former Township of West Carleton, as shown in Document 1.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des affaires rurales recommande au Conseil d’approuver la demande de fermeture de rue pour les terrains connus comme la concession 4, qui fait partie des lots 10 et 11, rue Torbolton, dans l’ancien Canton de West Carleton, comme le montre le document 1.

BACKGROUND

The subject site is a legally open and untravelled road allowance between Lots 10 and 11, Concession 4, Torbolton. The untravelled road allowance abuts municipal address 3796 Dunrobin Road to the south, in the hamlet of Woodlawn. Furthermore, this road allowance begins at the intersection of Kinburn Side Road and Dunrobin Road, and extends approximately 1.5 kilometres northeast to the next intersecting untravelled road allowance in Concession 5 (see Document 1).

The applicant, and owner of 3796 Dunrobin Road, proposes closing the subject road allowance for the purpose of purchasing all or a portion of this land such that the existing gas bar at 3796 Dunrobin Road can be redeveloped.

Staff, through a Delegated Authority Report, approved the initial Street Closure application on April 25, 2008. During the subsequent 20-day ‘notice of approval’ period objections were received from both a local resident and Councillor Eli El-Chantiry. City Council approved procedures for Street Closure applications require a report be brought forward, by staff, to either the Planning and Environment Committee or the Agriculture and Rural Affairs Committee when objections are made to the staff decision.

DISCUSSION

Official Plan Policies

The Official Plan does not designate this road allowance as either a proposed or conceptual public road within Schedule G (Rural Road Network). A portion of the subject road allowance dissects a Significant Wetland Designation within the Official Plan, and due to the restrictive development policies within this designation the likelihood of utilizing the land as a future road is negligible.

Utilities, Access, and Transit

There are no utility installations identified within the subject lands, therefore from a utility perspective no issues exist with closing the subject road allowance.

No formal accesses are impacted by the closure of this untravelled road allowance. The gas bar located at 3976 Dunrobin Road currently utilizes the road allowance as a secondary access but does not depend on this access for formal entry into the site (see Document 2).

The West Carleton Snowmobile Trails Association Inc. (WCSTA) has identified a snowmobile trail on the subject lands linking into their network of trails within West Carleton (see Document 3). Despite this identified trail, no legally binding agreement has been established between the City and the WCSTA to utilize the City-owned road allowance as a snowmobile trail. The closure of the road allowance and possible sale does not prevent the WCSTA from seeking an agreement with the City or any future landowner.

The untravelled road allowance has been utilized in the past as a rural transit stop, as part of the Rural Partners Transit Service. Transport Thom provided a service from Woodlawn (specifically Nicholl’s Store) on Route 501 of OC Transpo’s Rural Transit Service. This service, however, has been discontinued.

Conclusion

The subject street closure will not adversely impact future rural transportation options, specifically for the use of a transit stop, and for the protection of an identified future road. The open, untravelled road allowance, if closed and sold, can retain options on title to have a local transit stop situated on site, if desired by Council. Furthermore, this road allowance has not been identified in the City’s Official Plan (Schedule G) as being a long-term potential or planned transportation corridor, thus there is no need to protect it for future use.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor objects to staff’s recommendation.

Public notification was not a requirement, however comments were received from the public during the notification of closing period and are contained in Document 4.

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Street/Lane Closure applications. The application has been objected to, thus requiring it to be brought before the Agriculture and Rural Affairs Committee meeting.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Access (Air Photo)

Document 3 WCSTA Snowmobile Trail

Document 4 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Dave Sellers, 119 Langstaff Drive, Carp, ON, K1P 6L8, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

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

LOCATION MAP DOCUMENT 1

ACCESS (AIR PHOTO) DOCUMENT 2

WCSTA SNOWMOBILE TRAIL DOCUMENT 3

Snowmobile Trail

CONSULTATION DETAILS DOCUMENT 4

NOTIFICATION AND CONSULTATION PROCESS

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council.

PUBLIC COMMENTS

An adjacent resident expressed his objection to the road closure due to the negative implications it will have on the surrounding community, and on any future developments the area may experience.

COUNCILLORS COMMENTS

The Councillor has objected to the subject application on the basis that the open, untravelled road allowance is utilized as a carpool parking lot, a local snowmobile route and has been used in the past as a Rural Transit Service stop (Route 501). The closure and sale of this City owned property would compromise the use of the carpool lot, the snowmobile route and future use of a local transit service, and should remain in City ownership.

RESPONSE

In regards to the carpool parking lot, the Transportation Master Plan does not identify the subject location as a formal carpool parking lot. Those identified include:

Hwy 7 at Cemetery Road, near Carleton Place

Hwy 7 and Dwyer Hill Road

Hwy 17 at Kinburn Side Road

Hwy 417 at Panmure Road

Ottawa Road 49 and Ottawa Road 3, Dwyer Hill

Hwy 416 at Bankfield Road (Ottawa Road 8)

Hwy 416 at Rideau River Road (Ottawa Road 19)

Hwy 417 at Ottawa Road 5, near Limoges

The closure of this road allowance does not inhibit public access, but only declassifies this portion of land as a road right of way. In the event that the street is closed, the land will remain under the ownership of the City. If the City decides to sell the land, the Real Property Asset Management Branch (RPAM) will initiate a property disposal circulation to City Departments, the Ward Councillor, affected agencies, and abutting owners. As part of the property disposal circulation process, staff will consider and comment on the merit of retaining the property or a section of it for creating a formal carpool parking lot, under the direction of the Ward Councillor and City Council.

If there are no comments on RPAM’s circulation the applicant of the Street Closing application will be given the opportunity to purchase the closed street, at a price to be determined by City Council (usually market value).

STREET CLOSURE – ROAD ALLOWANCE, CONCESSION 4, BETWEEN LOTS 10 AND 11, TORBOLTON, FORMER TOWNSHIP OF WEST CARLETON

Fermeture de rue – Emprise routière, concession 4, entre les lots 10 et 11 À Torbolton, ancien Canton de West Carleton

ACS2008-PTE-PLA-0173 WEST CARLETON (5)

Grant Lindsay, Manager, Development Approvals West/Central and Sean Moore, Planner II, provided a PowerPoint presentation, which is held on file with the City Clerk.

Dr. Sundara Murthy read from a written submission, opposing the staff recommendation. He urged the Committee to reject the proposed road closure, as it is not in the interest of future developers, neighbouring property owners, the City and the community at large. As the owner of a 100-acre property at the northwest corner of Dunrobin Road and Kinburn Side Road, he felt he was not given sufficient notice of this recommendation by staff. He advised that he was approached by a company in Toronto for the sale or 20-year lease of his property for the generation of solar power, suggesting that his property and surrounding area were ideal for green-power generation. He also believed the next wave of development would be in “Green-Tech”, with this area being ideally suited to be the “Green-Tech Valley” of the world, with the Woodlawn area of Kanata as its the epicentre.

Gagan Panjhazari advised that he had applied for the road closure in turn to purchase the land to expand the gas station, parking and accessible areas for his customers. Currently the parking area is full of potholes, and no gravel. A portion of the area was paved and the current owners maintained the area by removing the snow. Historically, the tenants, owner and himself have maintained the road allowance. The back portion of the West Carleton snowmobile trail goes through their property, which has always been allowed. Also have a signed agreement with the Snowmobile Trail Association, pending purchase of the land to allow for continued access.

Councillor El-Chantiry highlighted that he previously spoke to staff and clarified that the snowmobile association does not have an agreement to use the unopened road allowance. He believed when the City amalgamated, all unopened road allowances permitted the snowmobiles to use the trails without an agreement. Forty trails exist in Constance Bay and there are no agreements because they are publicly owned. The Councillor also elaborated on his concern that Constance Bay only has one entrance to the Village and any future expansion in that area would create a disconnect. He added that the City is spending money to open trails to connect Hwy 417 to the Ottawa River. Selling this property would eliminate that connection. He concluded by urging the Committee not to support this application and leave the maintenance in the hands of the community.

Mr. Lindsay explained that when staff looked at this proposal, Official Plan (OP) policies raised concerns that Schedule “G” of the Rural Road Network, does not show this as a potential link, although Committee could direct staff to look at including this in the next OP Review. In so doing, it would put this road allowance in a different policy context; whereas in the existing context, it is not identified as such. He advised that should ARAC accept Councillor El-Chantiry’s position, the policies would need to be changed in the OP to reflect this for the sake of consistency.

Councillor Brooks supported Councillor El-Chantiry’s position and explained that in the Township of Rideau, any access to water or wetland would not be sold, as they are access routes, which are important for future transportation and the community.

Mr. Lindsay clarified that the City is not at a point of sale, with this report being one of a two-step process. The proponent asked that the road be closed such that it avails the option of considering the lands for sale.

Councillor Hunter questioned the reasoning of protecting the route in question for snowmobilers, as the map showed there is a parallel access further down the road at the golf course, with access continuing across Dunrobin Road and westward. He referred to the first speaker’s presentation and did not believe closing the road allowance would impede his potential solar energy operations. He questioned if there was a way to achieve both ends of allowing the business operation next door to improve its operation and improve its service to the residents, and also maintain the road allowance by way of a license of occupation.

Mr. Lindsay advised this could be a solution, but explained that when entering a license of occupation with a private entity, the difficulty comes in whether or not one could make improvements to the property.

Councillor Harder referred to the “conclusion” portion of the report and did not see a downside to the recommendation.

That the Agriculture and Rural Affairs Committee recommend Council approve a Street Closure application for the lands legally known as Concession 4, Part of Lots 10 and 11, Torbolton, Former Township of West Carleton, as shown in Document 1.

LOST

YEAS (1): Councillor J. Harder

NAYS (6): Councillors B. Monette, E. El-Chantiry, G. Hunter, G. Brooks, D. Thompson, R. Jellett

Tim Marc, Senior Legal Counsel, suggested that if Committee did nothing else, this item would go forward with no recommendation. He suggested that a motion be adopted that the Committee recommend Council confirm the status of the above-noted land as an unopened road allowance.

That the Agriculture and Rural Affairs Committee recommend Council confirm the status of the above-noted land as an unopened road allowance.

CARRIED

YEAS (6): Councillors B. Monette, E. El-Chantiry, G. Hunter, G. Brooks,

D. Thompson, R. Jellett

NAYS (1): Councillor J. Harder

DIRECTION TO STAFF:

Grant Lindsay, Manager, Development Approvals West/Central, to communicate the above-noted motion to Leslie Patterson, Program Manager, Planning Policy & Area Planning West.