3.                   vending encroachment permit – pilot project

 

permis d’empiètement pour la vente – projet-pilote

 

 

Committee recommendation

 

That Council approve a Vending Encroachment Permit - Pilot Project for 792 Bank Street subject to the conditions set out in Document 1.

 

 

Recommandation du comité

 

Que le Conseil approuve le projet-pilote de permis d’empiètement pour la vente pour le 792, rue Bank, sous réserve des conditions stipulées dans le Document 1.

 

 

 

Documentation

 

1.      Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 11 April 2011 (ACS2011-ICS-PGM-0099).

 

 

Report to/Rapport au :

 

Transportation Committee

Comité des transports

 

And Council / et au Conseil

 

11 April 2011 / le 11 avril 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: Ermis Durofil, Program Manager, Gestionnaire de programme, By-laws, Permits and Inspection/Règlements municipal, permis et inspection,

Planning and Growth Management/Uurbanisme et Gestion de la croissance

(613) 580-2424 x 13764, ermis.durofil@ottawa.ca

 

Capital/Capitale (17)

Ref N°: ACS2011-ICS-PGM-0099

 

 

SUBJECT:

VENDING ENCROACHMENT PERMIT - PILOT PROJECT

 

 

OBJET :

permis d’empiètement pour la vente – projet-pilote

 

 

REPORT RECOMMENDATION

 

That the Transportation Committee recommend Council approve a Vending Encroachment Permit - Pilot Project for 792 Bank Street subject to the conditions set out in Document 1.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité des transports recommande au Conseil d’approuver le projet-pilote de permis d’empiètement pour la vente pour le 792, rue Bank, sous réserve des conditions stipulées dans le Document 1.

 

 

BACKGROUND

 

The vending of goods or services on City Road Allowance is strictly regulated and/or prohibited under several bylaws.  The owners of a small grocery store have approached the City with a proposal to install a small vegetable stand on the City's Road Allowance next to their establishment on Bank Street.  As this type of installation is currently prohibited at the proposed location, a waiver to the prohibiting sections in the governing by-laws will need to be obtained in order to allow the installation.

 

DISCUSSION

 

The owners of Il Negozio Nicastro, a small Italian food shop and bakery, at the corner of Bank Street and Third Avenue, are proposing to install a vending stand along the Third Avenue frontage of their property, as shown on Document 2.  The temporary installation, which will be entirely on City Road Allowance, consists of vegetable stands, awnings and goods for sale.  Given that such installations are not listed as permitted encroachments in the City's Encroachment By-law, the application would normally be refused.  However in keeping with the desire to develop and maintain animated main streets, the vegetable stand proposal is being considered as a pilot project.  The installation would be allowed on the City Road allowance abutting the subject property under the auspices of a proposed new category of "vending encroachment permit" to be inserted into the Encroachment By-law, subject to the waving and/or amending of the following by-law provisions:

 

1.                  The Designated Space Programme By-law (No. 2007- 478), which grants exclusive use of a designated space in order to sell goods or refreshments on City Road Allowance.  The proposed vegetable stand is not located in a designated space as prescribed under the by-law, thus requiring the waiving Sections 52, 55 and 57 of said by-law.

 

2.                  The Vendors on Highways By-law (No. 2005 - 358), which prohibits the selling of any goods other than in designated spaces.  In particular Sections 2(1), 2(2) and 5(e) of the by-law will need to be waived.

 

3.                  The Encroachment By-law (No. 2003 - 446), which will require amendment to include provisions dealing with "vending encroachment permits.

 

4.                  The Use and Care of Roads By-law (No. 2003 - 498), which regulated the use and placement of materials on Road Allowance.  Sections 3(1)(j)(k)(l) and 3(5) of the by-law will need to be waived in order to allow the proposed use.

 

Currently there are bike racks and a planter box installed on the Road Allowance along the Third Avenue frontage that would conflict with the proposed vegetable stand installation.  In consultation with the stakeholders in Cycling Facilities Coordination and Construction Services respectively, the bike racks will be relocated and the planter box will be removed.

 

If approved, the installation of the vegetable stand would be for one season, thus requiring its removal by November 15th.  After which, the pilot project would be reviewed and staff will report back to Transportation Committee with recommendations.

 

CONSULTATION

 

The proposal was circulated to the following departments:  By-Law Project and Policy, Corporate Development and Environment Legal Counsel, Cycling Facilities Coordination, Infrastructure Services Design and Construction, Planning and Growth Management Policy Development and Urban Design and Right of Way By-laws Permits and Inspections.

 

Feedback from the circulation contacts listed above demonstrated there were no objections to the proposed installation subject to the conditions as specified in Document 1.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

Councillor Chernushenko has reviewed the report in detail and supports its recommendations.

 

COMMENTS BY PUBLIC WORKS:

 

Public Works have reviewed the report and support the report recommendation.  The Public Works Department will work with the Planning and Growth Management Department where required to implement the report recommendation subject to Council approval.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

In addition to amendments to the aforesaid mentioned By-laws, an Encroachment Agreement will be entered into with the property owner and business owner ensuring matters such as indemnification, insurance and other aspects as required mitigating any liability.

 

CITY STRATEGIC PLAN

 

N/A

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this report.

 

SUPPORTING DOCUMENTATION

 

Document 1    Conditions of Approval

Document 2    Site Plan - Vegetable Stand

Document 3    Elevation - Vegetable Stand

 

DISPOSITION

 

Upon approval, the Right-of-Way By-laws, Permits and Inspections Unit of Planning and Growth Management will initiate any required changes to the:

 

 

The Right-of-Way By-laws, Permits and Inspections Unit of Planning and Growth Management will monitor the pilot project and report back to Transportation Committee with recommendation in time for the 2012 season.

 

The City Clerk and Solicitor Department will prepare the required amending by-law and place on Council’s Orders of the Day for enactment.

 

 

Conditions OF APPROVAL                                                                          Document 1

 

 

  1. The applicant shall indemnify and save harmless the City from any and all claims, demands, causes of action, loss, costs or damages that the City may suffer, incur or be liable for resulting from the performance of the applicant as set out in this by-law whether with or without negligence on the part of the applicant, the applicant’s employees, directors and agents.

 

  1. The applicant shall provide and maintain insurance in accordance with the following requirements:

 

    1. Commercial General Liability insurance subject to limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Such insurance shall be in the name of the applicant and shall name the City as an additional insured thereunder; which shall preclude subrogation claims by the Insurer against anyone insured thereunder;

 

    1. Broad Form Property insurance coverage to the replacement value of the fixtures for which the permit applies, or, in the event the fixtures are self-insured by the applicant, a letter signed by an Executive Officer of the applicant, accepting loss or damage to the fixtures; and

 

    1. Certificate of Insurance evidencing the above insurance coverage(s) shall be provided to the City prior to the issuance of a permit.

 

  1. The insurance policies referred to above shall contain an endorsement to provide the City with 30 days prior written notice of cancellation or of a material change that would diminish coverage.

 

  1. The vending encroachment permit may be cancelled at any time if the City or a public utility wishes to make use of that part of the highway on which the vending encroachment is situated and the permit holder shall remove the encroachment within the time stipulated by the General Manager, Planning and Growth Management.

 

  1. The applicant shall meet the remaining technical requirements to the satisfaction of the Right of Way By-Laws Permits and Inspections Unit:

 

    1. The fees for the encroachment are based on the temporary encroachment construction fees as per the Encroachment By-Law, Schedule B.  They apply to an approximate area of 20.6 square meters at a rate of $1.30/m2/day.

 

    1. A minimum unencumbered sidewalk clearance of 1.8 metres is maintained at all times.

 

    1. The encroachment will be removed by November 15, 2011.

 

    1. The encroachment is secured and safely stored at the end of each business day.

 

    1. The gas meter and functions thereof must not be compromised.

 

    1. Safety and other conditions as deemed necessary.

Site Plan – Vegetable Stand                                                                Document 2

 

 

Elevation – Vegetable Stand                                                 Document 3

elevation