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2. STREET CLOSURE – PORTION OF
REDMOND PLACE ADJACENT TO 99
GREENFIELD AVENUE FERMETURE DE RUE - PARTIE DE LA PLACE REDMOND
CONTIGUË AU 99, AVENUE GREENFIELD |
Committee
recommendationS as amended
That Council
approve the closure of a portion of Redmond Place as shown in Document 1 and
subject to the conditions as outlined in Document 3, as amended as follows:
a. Document 3 – Conditions of Approval be amended as
follows:
Removing
Condition #3, which states “When selling the closed road, the City is not
legally obliged to offer for sale to an
abutting owner all or a portion of a closed road.”
b. “Zoning” section of the staff report be amended as
follows:
Replacing “406 square metres” with “336
square metres” in reference to the lot area of 99 Greenfield Avenue.
RecommandationS
MODIFIÉES DU Comité
Que le Conseil approuve
la fermeture d'une partie de la place Redmond, comme l'indique le document 1 et
sous réserve des conditions énoncées dans le document 3, telle que modifiée par ce qui suit :
a. Le Document 3 – Conditions
d’approbation, est modifié de la façon suivante -
Suppression de la condition no 3, qui affirme qu’au moment de
vendre la voie qui a été fermée, la Ville n’a pas l’obligation légale d’offrir
en vente une partie ou la totalité de cette voie au propriétaire d’un terrain
contigu.
b. La section du rapport du personnel
consacrée au zonage est modifiée de la façon suivante -
Remplacer les mots « 406 mètres carrés » par les mots
« 336 mètres carrés » en ce qui concerne la superficie du terrain
situé au 99, avenue Greenfield.
Documentation
1. Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 16 December 2011 (ACS2012-ICS-PGM-0012).
2. Extract of Draft Minutes, Planning
Committee meeting of 14 February 2012.
Report to/Rapport au :
Comité de l'urbanisme
and Council / et
au Conseil
16 December 2011 / le 16 décembre 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 :
Richard Kilstrom, Acting Manager/Gestionnaire intérimaire, Development
Review-Urban Services, Inner Core/Examen des projets d'aménagement-Services
urbains, Unité du Centre intérieur
Planning and Growth
Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 22379 Richard.Kilstrom@ottawa.ca
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SUBJECT: |
street closure – portion of redmond place adjacent
to 99 greenfield avenue |
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OBJET : |
FERMETURE DE RUE - PARTIE DE LA
PLACE REDMOND CONTIGUë AU 99, AVENUE GREENFIELD |
REPORT RECOMMENDATION
That the Planning Committee recommend Council approve the closure of a
portion of Redmond Place as shown in Document 1 and subject to the conditions
as outlined in Document 3.
RECOMMANDATION DU RAPPORT
Que
le Comité de l'urbanisme recommande au Conseil d'approuver la fermeture d'une
partie de la place Redmond, comme l'indique le document 1 et sous réserve des conditions
énoncées dans le document 3.
BACKGROUND
The City received a
Street Closure application to close the southernmost portion of Redmond Place,
which is an untraveled road allowance located between 99 Greenfield Avenue to
the east, 16 Kings Landing Private to the north, Kings Landing Private (private
right-of-way) to the west and Concord Street North (public right-of-way) to the
south as shown in Document 1.
Redmond Place is a
registered right-of-way as shown on Registered Plan 68 and the portion
requested to be closed is the sole portion of the road that remains open, with
two other portions of Redmond Place closed pursuant to By-law Nos. 197-62 and
109-95 respectively. This portion of Redmond Place is approximately 3.7 metres
wide and 27 metres long, with a total area of approximately 112 square metres.
The majority of the subject road allowance is currently used as the driveway to
access 99 Greenfield Avenue with a very small portion at the northwestern
corner fenced off and landscaped.
The adjacent property
at 99 Greenfield Avenue is the site of the former Royal Canadian Legion, Strathcona
Branch 595, which is now owned by a private company. The adjacent residential
community of King’s Landing was approved in 1998 for the development of 60
multiple-attached three-storey dwellings. The surrounding neighbourhood to the
south and east of the site is characterized by low- and medium-density
residential development ranging from duplex and semi-detached to multi-attached
and stacked townhouse units.
The Street Closure application
for Redmond Place was received on July 21, 2011 and was recommended for
approval under delegated authority on October 12, 2011, with conditions as
listed in Document 4.
Purpose of Street
Closure Application
The purpose of the Street
Closure application is to consider the formal closing of the affected road
allowance in order to add the lands to the City of Ottawa inventory for
consideration for disposal. One option being considered is to consolidate the lands with the adjacent
property at 99 Greenfield Avenue. If the proposed street closure is approved, a
subsequent process to consider the disposal of the City-owned lands may be
initiated by the Real Estate Services Division of the Real Property Asset
Management Branch.
Objections to
Approval-in-Principle
Written opposition related to the proposed
closure was received from three individuals, concerned mainly with the safety
of the adjacent private road, King’s Landing Private. Pursuant to the Delegated
Authority By-law, a public meeting is required to allow those in opposition or
expressing concerns to make their views known to Planning Committee prior to a
closure by-law being approved by Council.
DISCUSSION
Official Plan
The
Official Plan sets broad strategic directions to meet the challenge of managing
growth, providing infrastructure, maintaining environmental integrity and
creating liveable communities within Ottawa. Policy 30 of Section 2.3.1, which addresses the strategic directions
for transportation, identifies that the City will develop the road network
shown on Schedules E to H of the Official Plan to provide for the safe and
convenient movement of people and goods. In review of Schedule F – Central
Area/Inner City Road Network, Redmond Place is not designated as either a
proposed or conceptual public road. Policy 42 further states that the City will
not close and sell unopened road allowances, lanes or roads that have
reasonable potential, in the short- or long-term, for use as a roadway, a
transit or utility corridor, or a pedestrian or cyclist link or public access
to the shore of a water body. In evaluating Redmond Place, this road allowance
does not meet the criteria as outlined above.
Zoning
Redmond
Place, as well as adjacent 99 Greenfield Avenue and the King’s Landing
residential community, is zoned Residential Fourth Density, Subzone M, Urban Exception
838, Schedule 197 (R4M[838]S197) and permits a range of residential uses
ranging from detached dwellings to low-rise apartment buildings. Urban
Exception 838 permits the additional land use of an office limited to a
diplomatic mission with detailed zoning requirements for this use. Schedule 197
identifies required landscape areas and yard setbacks for the adjacent King’s
Landing residential development.
The
property located at 99 Greenfield Avenue measures approximately 406 square
metres and is irregularly shaped. This existing lot size does not meet the
minimum size requirement for any residential development as permitted in the
R4M zone. The conveyance of Redmond Place, which is approximately 112 square
metres, would increase the lot size to meet the minimum size requirements for
three-unit, duplex, semi-detached, detached and linked-detached residential uses
only. The current use on the site is legal non-conforming and any change of use
to the existing building would require permission and/or variances from the
Committee of Adjustment.
The King’s
Landing residential neighbourhood is a planned unit development, which was
approved through the Site Plan Control process and is, therefore, subject to
the provisions of the Site Plan Control by-law. This by-law requires that any
changes to landscaping, vehicular circulation or site layout must be approved
through the Site Plan Control process.
Objections to Approval-in-Principle
As provided in detail within Document 4, objections were received from
three individuals in regard to the approval-in-principle of closing Redmond
Place.
Summary
In
conclusion, despite the objections received, staff recommends that the closing
of the untraveled road allowance be permitted, subject to certain standard conditions
as noted in Document 3. The reasons for
staff support of this application are as follows:
1.
The
application meets the intent of the Transportation Strategic Directions within
the Official Plan by only offering for sale an unopened road allowance that does
not have reasonable potential in the short- or long-term for use as a roadway,
a transit or utility corridor, a pedestrian or cyclist link, or for public
access to the shore of a water body.
2.
Redmond
Place is not designated as either a proposed or conceptual public road within
the Official Plan.
3.
Redmond
Place is used almost entirely as a driveway to the existing building at 99
Greenfield Avenue and is not used for through-traffic by either pedestrians or
vehicles. As such, no existing pedestrian or vehicular traffic is affected.
4.
Redmond
Place is not encumbered by any permanent buildings or permanent encroachments
that will be negatively affected by the closure of the road.
RURAL IMPLICATIONS
N/A
CONSULTATION
Notification and public consultation was undertaken
in accordance with the Public Notification and Public Consultation Policy
approved by City Council for Street Closure Applications. In accordance with
this Policy, this application was not subject to enhanced notification,
therefore, only registered community groups or associations were sent an
information and comment package and on-site signage was not installed.
COMMENTS BY THE WARD COUNCILLOR
Councillor
Chernushenko is fully aware of this matter and
is engaged with the community and the developer regarding the issues related to
the proposed sale.
LEGAL IMPLICATIONS
There are no legal implications associated
with this report. There is no appeal right from a decision of Council to close
a road.
RISK MANAGEMENT
IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
ACCESSIBILITY
IMPACT
There are no direct accessibility implications associated with this
report.
TECHNOLOGY IMPLICATIONS
N/A
CITY STRATEGIC PLAN
The recommendation is consistent with the
objectives of the City Strategic Plan, which provides guiding principles in
creating a green and environmentally sensitive city and making sustainable
choices.
APPLICATION
PROCESS TIMELINE STATUS
This application was not processed by the "On Time Decision
Date" established for the processing of Street Closures. The application has been objected to,
thus requiring it to be brought before the Planning Committee.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Zoning Map
Document 3 Conditions of Approval
Document 4 Objection Correspondence
DISPOSITION
City Clerk and
Solicitor Department Legislative Services to notify, OttawaScene Canada
Signs, 1565 Chatelain Avenue, Ottawa, ON
K1Z 8B5.
CONDITIONS OF
APPROVAL DOCUMENT
3
1. This approval shall not be in effect until Notice of the proposed closing is given in accordance with By-law No. 2011-122 as amended and any objections resulting thereof have been considered by the Planning Committee.
2.
The
street or lane closure shall be undertaken by enactment of a street or lane
closure by-law.
3.
When
selling the closed road, the City is not legally obliged to offer for sale to
an abutting owner all or a portion of a closed road.
4. A conveyance of a closed road shall be at current market value in accordance with By‑law No. 2002-38, as amended by By-law No. 2009-354.
5. The applicant/purchaser(s) will be responsible for all costs of the street or lane closure and sale including the application fee, the preparation of a survey/reference plan, appraisal (if any), removal of encumbrances (if any), registration of documents, land transfer tax and GST (if applicable);
6. Prior to enactment of the by-law (if the City is selling the closed road):
(a) The applicant/purchaser(s) shall have 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/purchaser(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.
7. Should the conditions in Paragraph 6 above not be fulfilled within one 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.
8. 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.
“In behalf of the Kings Landing Co-tenancy please accept our formal objection to your approval in principle of the application to close Redmond Place.
We believe that this decision is against the best interests of the Kings Landing, Ottawa East community and does not address Kings Landing Private traffic safety and fire route issues as were presented to you with our comments in response to the proposed road closure.
I look forward to hearing from you regarding the time and place of the Planning Committee hearing at which I may explain my objections and make my case.”
Objector 3
“This will acknowledge receipt of your letter dated October 25, 2011 and
the enclosed Notice of Approval and Supporting Information (the
"Decision") and confirm my objection to the Program Manager's
approval of the application. Among other objections:
·
The Decision prefers the interests of the abutting
landowner of 99 Greenfield Avenue to the interests of the other abutting
landowners including the 60 unit owners of Kings Landing Private.
·
The Synopsis of Application inaccurately and
incompletely describes the uses of the adjacent properties at Kings Landing
Private, 16 Kings Landing Private and 99 Greenfield Avenue. 99 Greenfield
Avenue was sold to 2290619 Ontario Inc. in a transaction that closed on July
15, 2011. The new owner permitted the Royal Canadian Legion, Strathcona Branch
595, to operate there for a period of time post closing but the Branch no
longer operates at 99 Greenfield Avenue and is now operating out of 1940 Bank
St., Ottawa, Ontario.
·
The Synopsis of Application fails to identify the
complete purpose of the Street closure application which is to consolidate the
road allowance with the adjacent property at 99 Greenfield Avenue to permit
development of that property by the current owner, a numbered Ontario company.
·
The Decision and Analysis approving the closure
application is in error by identifying the use of Redmond Place as being solely
as a driveway to the existing building at 99 Greenfield Avenue. Redmond Place
is currently used, in part, by the owners of the 60 units of Kings Landing
Private. Notwithstanding this, the Decision and Analysis marginalizes the use
by Kings Landing while identifying the use by 99 Greenfield Avenue as a primary
reason for its decision to approve the closure.
·
The Decision and Analysis also fails to recognize
that a part of the fence between Kings Landing Private and Redmond Place is
actually on Redmond Place. This was established by an agreement between the
owners of Kings Landing and the Royal Canadian Legion, Strathcona Branch 595,
to improve sight lines near the only entrance/exit of Kings Landing Private due
to safety concerns.
·
With respect to the Summary of Comments and
Responses, the response to the first concern of the Kings Landing community
does not adequately address the issue. There is no reason why, following the
appropriate process, the private road at Kings Landing Private cannot be expanded
to include Redmond Place. With respect to the second concern of the Kings Landing
community, while the City is not bound by a private agreement, the City would
surely recognize and accept the purposes for which adjacent landowners would
enter into such an agreement.
·
The Summary of Comments and Responses also fails to
recognize and respond to the serious concern of the Kings Landing community
related to access. The narrowness of the Kings Landing road frequently results
in blockage to the regular flow of traffic at the only entrance/exit to the
street by routine service deliveries including the Canada Post truck to the community
mailbox, landscaping crews, snow removal vehicles, etc. By necessity, it is common
for these service trucks to park near the entrance/exit of Kings Landing in
order to perform their services which regularly reduces traffic to a single
lane and impedes traffic flow at the entrance/exit. Even more seriously, this
results in blockage of the designated fire access route. This access issue could
be alleviated by merging Redmond Place with Kings Landing. This solution had
been previously recognized by the developer of Kings Landing Private and it
previously (1998) made application to the City to acquire the part of Redmond Place
now under consideration. This application was denied by the City based on an objection
made by the Royal Canadian Legion, Strathcona Branch 595, which was the owner of
99 Greenfield Avenue at that time. The rejection by the City of the developer's
application has resulted in several unsafe conditions at the only entrance/exit
to Kings Landing including those outlined above and in the comments previously
submitted to the City by the Kings Landing community on the application to
close Redmond Place.
·
The Decision and Analysis wrongly concludes that
all comments from the Old Ottawa East Community Association (OECA) pertain to
procedures. The comments from the OECA include the community's concerns with
respect to the narrowness of the abutting Kings Landing road, reduced sight
lines and increased hazards resulting from any further development at 99
Greenfield Avenue. The OECA comments also note the blockages to Kings Landing
by service vehicles including Canada Post.
·
Notwithstanding the purported 2-step process
respecting closure of Redmond Place and a subsequent process to consider the
disposal (sale) of the City-owned lands by the Real Estate Services Division of
the Real Property Asset Management Branch, it is clear that the purpose of the
closure application is to permit further development of 99 Greenfield Avenue by
the current owner, a numbered Ontario company, and the Decision appears to
prefer the interest of the owner of 99 Greenfield Avenue. In the past, the City
had an established practice that any disposal (sale) of City-owned lands would
be available to every abutting landowner with the entitlement to acquire an
equal portion of the City-owned lands. This is consistent with fairness and the
principles of natural justice. If the application for the closure for Redmond Place
is successful and the City also approves the disposition (sale) of Redmond
Place, its past practice should be followed in this instance.
·
It should also be recognized that the applicant is
not the owner of any of the properties adjacent to Redmond Place.