2. REQUEST FOR TEMPORARY OUTDOOR PATIO ENCROACHMENT - 283 ELGIN STREET

demande d’empiètement temporaire pour une terrasse extérieure – 283, rue ELGIN

COMMITTEE RECOMMENDATION, AS AMENDED

That Council approve waiver of the residential encroachment provisions of By-law-446 to allow for an outdoor patio at 283 Elgin Street as outlined in this report, and that Condition 1 in the report be amended to read:

1/ The patio, when in operation, would be required to close each night by 11 p.m., and that no patrons be permitted in the area after this time.

RECOMMENDATION MODIFIÉE DU COMITÉ

Que le Conseil approuve une dérogation aux dispositions du Règlement 446 concernant les empiètements relatifs à des propriétés dont le zonage est résidentiel afin de permettre une terrasse extérieure au 283, rue Elgin, tel que décrit dans le présent rapport, et que la condition 1 devrait être modifiée comme suit :

1/ la terrasse, lorsqu’elle est exploitée, doit fermer au plus tard chaque soir à 23 h., et qu’aucun client ne doit se trouver sur les lieux après cette heure.

Documentation

1. Deputy City Manager’s report dated 18 March 2011, Infrastructure Services and Community Sustainability (ACS2011-ICS-PGM-0078).

2. Extract of Draft Minutes 6 of the Transportation Committee Meeting dated 6 April 2011.

Report to/Rapport au :

Transportation Committee

Comité des transports

and Council/et au Conseil

18 March 2011 / le 18 mars 2011

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d'infrastructure et Viabilité des collectivités

Contact Person/Personne ressource: Linda Uhryniuk, Senior By-law Administrator

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 16049, Linda.Uhryniuk@ottawa.ca

Somerset (14)

Ref N°: ACS2011-ICS-PGM-0078

SUBJECT:	REQUEST FOR TEMPORARY OUTDOOR PATIO ENCROACHMENT - 283 ELGIN STREET

OBJET :	demande d’empiètement temporaire pour une terrasse extérieure – 283, rue ELGIN

REPORT RECOMMENDATION

That the Transportation Committee recommend Council approve waiver of the residential encroachment provisions of By-law-446 to allow for an outdoor patio at 283 Elgin Street as outlined in this report.

RECOMMANDATION DU RAPPORT

Que le Comité des transports recommande au Conseil d’approuver une dérogation aux dispositions du Règlement 446 concernant les empiètements relatifs à des propriétés dont le zonage est résidentiel afin de permettre une terrasse extérieure au 283, rue Elgin, tel que décrit dans le présent rapport.

BACKGROUND

At the Transportation Committee meeting of 2 February 2011, staff were directed to review all previous applications and any actions undertaken to date in regards to a proposed outdoor patio at 283 Elgin Street. As well, staff was to report back to Transportation Committee with findings

and any recommendations, following the appropriate notice to the Ward Councillor, the owner at 283 Elgin Street, and the surrounding community.

DISCUSSION

In June of 1998, the owner of 283 Elgin Street made an application for an outdoor patio along the MacLaren Street frontage, on the inner boulevard just east of Elgin Street, as shown in attached Document 1. Former City of Ottawa regulations governing outdoor patios, dating back to 1991, prohibited the installation of such structures within 30 metres of residential zones. As the subject property abuts a residential zone, the application was refused.

In January of 2005, an application was received for an outdoor patio in the location as described above. Although staff did not have the authority to consider the application due to the 30 metre separation from a residential zone, the provision having been incorporated into the Amalgamated City of Ottawa’s Encroachment By-law, the application was forwarded to the Ward Councillor in order to determine if there was support for a waiver to said provision. Along with undergoing an internal technical circulation, at the request of the Ward Councillor, the application was circulated to area residents within 90 metres of the application. The technical circulation highlighted concerns over the unauthorized alteration of City Road Allowance (i.e. the installation of a curb along the MacLaren Street frontage) and missing City Forestry required trees on City Road Allowance. Seventeen comments were received in response to the residential circulation indicating concerns over noise, parking, congestion and loss of City trees. As a result of the concerns and comments, the Ward Councillor did not pursue a waiver to the separation distance requirements and the file was closed.

Noting that a waiver to the 30 metre separation distance was being pursued, and subsequently granted, for a competing establishment at 180 MacLaren Street, the owners of 283 Elgin Street submitted a third application for an outdoor patio permit in September 2010. Indication was received that, in keeping with concerns expressed by abutting residents, the Ward Councillor, just as she had indicated with the application for 180 MacLaren Street, was not in support of a waiver. As such, staff had no alternative but to refuse the application.

A motion was tabled and approved at the 2 February 2011 meeting of the Transportation Committee directing staff to review the application and actions undertaken to date, and report back to Committee with recommendations.

The location of the proposed 3.1m x 12.5m outdoor patio encroachment is along the MacLaren Street frontage on the inner boulevard, between the sidewalk and the building as shown in the plans provided by the applicant (Document 2). Currently, the inner boulevard is used, or intended to be used, as a planting area for trees and plants (Document 1).

As part of the review, objections were received in response to an internal/utilities circulation, namely, the requirement to remove the unauthorized curb along the MacLaren Street frontage, and the requirement to maintain sight-lines and provide sufficient pedestrian pooling area at the corner of Elgin and MacLaren Streets.

Notification of the proposed patio was also circulated to the residential tenants or owners within a 90m radius of the proposed patio. In response to this notification, five responses were received, with three in support of the patio and two objections.

In summary, the application meets City standards and all requirements of the Encroachment By‑law save the 30 metre separation requirement from property zoned residential. As such, it is recommended that a waiver to the separation distance be granted and a permit to install a temporary outdoor patio be approved in accordance with the provisions and requirements of the Encroachment By-law, including the prohibition of music, including the use of speakers, or any other types of entertainment on the patio, subject to the following conditions:

1/ The patio, when in operation, would be required to close each night by 11 p.m.

2/ Property owner finalize the process and enter into a Permanent Encroachment Agreement in regards to the encroaching steps on the MacLaren Street frontage, prior to the construction of, or any changes to the City’s Road Allowance.

3/ The patio shall be constructed of raised wood decking or platforms.

4/ In accordance with the Encroachment By-law provisions, the wood decking or platforms shall be removed by November 15, and not reinstalled until April 1^st of the following year.

5/ The patio area shall incorporate two trees, with both species and planting method approved by the City Forester, and a Maintenance and Liability agreement entered into with the City of Ottawa for the care of the trees and any associated fixtures prior to construction or changes to the City of Ottawa ROW.

6/ The patio layout shall ensure a minimum 1.8m unencumbered sidewalk width and a minimum 2.4 width pedestrian pooling area at the corner of Elgin and MacLaren Streets.

RURAL IMPLICATIONS

N/A

CONSULTATION

The Ward Councillor was provided with the plans of the proposed outdoor patio.

Notice of the proposal was mailed to over 900 residents within a 90 metre radius of 283 Elgin Street. Five responses were received, with 2 opposed and 3 in support of the application. Results of the notification have been provided to the Ward Councillor and the applicant.

A similar circulation in 2005 resulted in 17 objections.

Notification, by the Ward Councillor, of the proposed outdoor patio was provided to the Centretown Citizens Community Association (CCCA), who in turn provided the following comments:

“The CCCA opposes all patios on city-owned right of way at MacLaren and Elgin.

At our Board meeting tonight, the following concerns were raised by CCCA members:

- One of our members who lives on MacLaren tries to avoid the cigarette smoke coming from patios by crossing to the other side of the street. With patios on both sides of MacLaren, such individuals will have no alternative to avoid cigarette smoke on patios.

- Reducing the amount of space available on the sidewalk goes against the goal of increasing the modal share of pedestrians, particularly with the increased population from new developments being built in Centretown. Patios on both sides of MacLaren would severely constrain the amount of sidewalk space available to pedestrians, especially if one sidewalk is blocked (e.g. by construction, a moving truck, etc.).

- As pedestrian traffic grows on this sidewalk (and is displaced to this sidewalk by the narrowing of available space on the south side of MacLaren), traffic levels must be monitored to ensure that this right-of-way is reclaimed (i.e. the annual patio permit not granted) when pedestrian traffic levels grow to demand it. This monitoring must occur during the warm months, and not just in the winter when the permit is being considered.

- The enclosed section surrounding the building at the corner used to be an outdoor patio within the property limits, and indeed the roof of this structure is used as a second-floor patio in the summertime. If the goal of the applicant is to have a ground-floor patio, clear alternatives exist that do not require occupying the public right-of-way.

- While technically it is in the highway right-of-way, is this type of land use discussion even appropriate for the transportation department and committee?”

COMMENTS BY THE WARD COUNCILLOR

Councillor Holmes is opposed to the staff recommendation to approve a waiver to the encroachment by-law for this location. This represents a commercial use moving into a residential area. As anticipated, the MacLaren’s patio approval opened the door for Transportation Committee to consider applications brought to Committee without recognition or sensitivity to the neighbouring community.

A healthy urban area benefits our entire city, and requires a balance of the residential and commercial interests. Approval of a patio at this proposed location does not provide this required balance. The applicant already has a patio at this address fronting Elgin Street and approval of an additional patio solely located on a residential side street is counter to the needs of the adjacent community.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management impediments to implementing the recommendation in this report.

CITY STRATEGIC PLAN

N/A

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

There are no direct financial implications associated with this report.

SUPPORTING DOCUMENTATION

Document 1 Photo - Inner Boulevard of southwest corner of MacLaren Street and Elgin Street

Document 2 Outdoor Patio Design – 283 Elgin Street

DISPOSITION

There will be no further action by staff at this time unless directed by Committee or Council. Should the application be approved, staff will provide an approval letter and issue annual permits for the location.

REQUEST FOR TEMPORARY OUTDOOR PATIO ENCROACHMENT - 283 ELGIN STREET

demande d’empiètement temporaire pour une terrasse extérieure – 283, rue ELGIN

ACS2011-ICS-PGM-0078 SOMERSET (14)

Joseph Eyamie, owner, Fox and Feather, 283 Elgin Street urged the Committee to support the staff recommendation. He confirmed they were willing to comply with the restrictions with respect to closing at 11 p.m. and no outside music on this patio after that time.

Chris Tucker, Somerset Street resident spoke strongly against the application. As a homeowner in the area since 1982, he explained how Elgin Street has changed over the years from a neighbourhood that once hosted movie theatres, grocery stores and restaurants and bars to a dismal area. In the evening hours they have to put up with loud noise, drunken patrons exiting the bars and making their way through the community. In the morning the sidewalk and street is littered with garbage. While he was in favour of a healthy and vibrant area, he posited that such areas should not encroach on residential areas and there are not enough by-law and police officers to enforce the by-laws to have the patios closed at 11 p.m. He reminded members that this is a mixed use neighbourhood with thousands of residents in the restricted zone that will be affected if this patio is approved.

Charles Akben-Marchand, Centretown Citizens Community Association presented his comments using a PowerPoint presentation. A copy of the presentation is held on file. The more salient points noted were as follows:

· Was concerned about the lack of consultation they received; only 5 days in advance of the meeting

· He felt the patio would result in a more narrow pedestrian area to walk by

· Residents in the area were aware that they moved into an area with bars and restaurants, but patios were not allowed within 30 m of the residential zone.

He urged the Committee to reject the application as has been done by staff twice in the past.

David Gladstone stated that the request is essentially a lease of City property and therefore to put an obstacle (the patio) on the City right-of-way should be seriously examined. He maintained there would be a safety issue for pedestrians because of the sight lines.

Councillor Deans proposed a Motion on behalf of Councillor Holmes, the operative portion which would amend one of the conditions in the by-law with respect to the closure of the patio at 11:00 p.m.

Councillor Holmes indicated that she is opposed to the patio for the reason that it is going to be too noisy for residents on MacLaren Street. She recognized that many residents were discouraged from coming and speaking today because they had opposed another patio at 150 MacLaren and their voices were not heard then. She reiterated many of the issues these residents face with the addition of another patio.

Councillor Chernushenko suggested that the question is how much is enough. We want to encourage balance of a vibrant business sector but also recognize that people have to live there. He acknowledged that parts of the downtown is residential and now there is a gradual encroachment of businesses on the residents and the City has to be prepared to draw a line. He noted that this establishment already has a roof-top patio and suggested they did not need another one outside.

Moved by D. Deans

WHEREAS one of the purposes of the regulations pertaining to outdoor patios within the Encroachment By-law is to “ensure that the locations of patios fit in with the neighbourhood and do not create any unnecessary disruptions”;

AND WHEREAS one of the conditions of this patio is that it close at 11:00pm ;

THEREFORE BE IT RESOLVED that the condition be amended to read:

1/ The patio, when in operation, would be required to close each night by 11 p.m., and that no patrons be permitted in the area after this time.

CARRIED