Report to/Rapport au:

Planning and Development Committee/

Comité de l’urbanisme et de l’aménagement

and Council/et au Conseil

06 March 2001 / le 06 mars 2001

Submitted by/Soumis par: Ned Lathrop, General Manager/Directeur général

Development Services Department / Services d’aménagement

Contact/Personne-ressource: Grant Lindsay, Manager, Development Approvals /

Gestionnaire, Approbation des demandes d’aménagement

244-5300 ext. 1-3242, grant.lindsay@city.ottawa.on.ca

Ref N°: ACS2001-DEV-APR-0076

SUBJECT: Waller Street Mall Streetscaping Project Concept Plan

OBJET: Plan conceptuel du projet d'aménagement estétique du mail de la rue Waller

REPORT RECOMMENDATIONS

That the Planning and Development Committee recommend that Council approve:

1. That Document 1, the Concept Plan for the Waller Street Mall Streetscaping Project, prepared by Corush Sunderland Wright, and Spencer and Company, dated July 2000, be Approved.

2. That staff, in conjunction with Real Estate Services, be Authorized to negotiate with the Board of Directors of the Place St. George concerning the long term security surveillance of the fenced corridor, the control of the Plaza Area (the area outside the corridor) and the Board’s involvement in the refurbishment of the Mall.

3. That the more detailed Development Plan, including preliminary cost estimates and proposed agreements with abutting property owner(s), be brought forward to Planning and Development Committee and City Council in September, 2001, such that the design phase of the project is completed, that proposed agreements can be prepared for execution, and that capital requirements are included in the budget estimates for implementation in 2002.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal d’approuver :

1. que le document 1, plan conceptuel d’aménagement pour le Projet de paysage de rue de la rue piétonnière Waller préparé par Corush Sunderland Wright et Spencer and Company, et daté de juillet 2000, soit approuvé;

2. que le personnel, conjointement avec les Services immobiliers, soit autorisé à négocier avec le Conseil d’administration de la place Saint-George en ce qui concerne la surveillance sécuritaire à long terme du couloir clôturé, le contrôle de l’esplanade (la partie en dehors du couloir) et l’engagement du Conseil d’administration dans la remise en état de la rue piétonnière;

3. que le plan d’aménagement plus détaillé, y compris les estimations de coûts préliminaires et les ententes proposées avec les propriétaires adjacents, soit présenté au Comité de l’urbanisme et de l’aménagement et au Conseil municipal en septembre 2001 de façon à ce que la phase de conception du projet soit terminée, que les ententes proposées puissent être préparées afin d’être mises à exécution et que les besoins en capital soient compris dans les estimations budgétaires afin d’être mis en place en 2002.

BACKGROUND

The Waller Street Mall is located east of Dalhousie Street, between George and Rideau Streets. The Mall, which prior to its installation comprised of vacant city-owned lands, was constructed during the mid-1980s as part of the Rideau Area Project.

The Waller Street Mall has experienced a number of setbacks and has not succeeded in providing an animated public space befitting its location. Instead, the Mall has functioned more like an alleyway between Rideau Street and the By Ward Market. As a result of a combination of factors, including low pedestrian counts, the Mall became a haven for anti-social and illegal activities ( loitering, vagrancy, drug trafficking, etc.). Pedestrians, and the residents of the Place St. George (PSG - the condominium complex located at the northwest corner of the Mall, the frontage of which was integrated with the mall features) did not feel safe using this corridor.

In 1999, the building located immediately to the east of the Mall, municipally known as 201 Rideau Street, burnt down. An abutting property owner requested that access to the Mall be barred for a period of time to discourage inappropriate use and City Council approved a motion granting the abutting property owner a license of occupation to erect a fence blocking access for a six-month period. The six-month period lapsed in early 2000, the fence was removed, and access was re-established.

Since 1995, staff and the Ward Councillor have been meeting with the abutting property owners and condominium residents, area residents and merchants to discuss various Waller Street Mall related issues. Many options, such as the establishment of an artists’ alley, closure, etc., were considered and determined to be unsatisfactory or not feasible. Interim measures such as the removal of telephone booths, fencing in of the tree planter at the George Street end (as both were being utilized for drug trafficking), and the removal of tree planters along the west side of the Mall to discourage loitering and vagrancy, were undertaken to improve the situation.

As a result of these discussions and interim measures, the now-improved climate for development in the immediate area, and particularly in view of the factors set out below, it was agreed that a new design and plan would be prepared without further delay.

The factors for proceeding to develop a new design/plan for the Mall were:

· the lifecycle of the existing streetscaping elements had expired and these elements are in imminent need of replacement,

· the abutting property owners, area merchants and residents had requested that the Mall be redesigned to discourage activities which undermined their security and safety, and which hindered their businesses,

· the desire to develop a new design/plan which would complement the adjoining land uses and future development opportunities, and

· the agreement with the PSG for the maintenance, rehabilitation and associated liabilities for the northern end of the Mall was expiring September 1, 2001, after which time, these responsibilities would revert to the City, unless a new agreement is entered into. Without a new arrangement, both the PSG and the City will be sharing responsibilities for shared assets, and assets which overlap property lines, including permanent concrete planters, the reflecting pool of the water feature, and concrete steps.

Thus, the firms of Corush Sunderland Wright and Spencer and Company were retained to provide the specialized expertise needed to prepare a design and a plan that would enhance this urban space such that it is inviting, safe and secure for pedestrians and such that it generates civic pride.

The Consultants met with the project committees and individually with the key stakeholders to obtain input on how best to address the issues and concerns identified. In particular, a workshop session with the project team committees was held July 6, 2000 at the Routhier Community Centre. Based on the Consultant’s analyses and direction provided during the workshop session, the Consultants prepared a draft Concept Plan. This was presented at an Open House held on the Waller Street Mall on August 2, 2000. Comments obtained at the Open House overwhelmingly indicated support for the recommended design.

DISCUSSION

Recommendation 1

Based on the input and feedback provided by staff, the stakeholders and members of the public, and in view of various design constraints affecting the Mall, the Consultants have prepared a Concept Plan. The Concept Plan, Document 1, addresses the parameters set out in the terms of reference, reflects the input received from project interests, and proposes the following:

1. The Mall will not be closed off permanently

In view of the prevailing problems and concerns (illegal activities such as drug use and trafficking, vagrancy and loitering, hooliganism, noise at all hours of the night, illegal parking, etc), stakeholders originally supported permanently closing this pedestrian corridor, and disposing of the property.

However, as a result of discussions during a workshop session with the project committees (technical advisory and public advisory), all parties agreed to keep the corridor open for pedestrians. Preserving the pedestrian corridor was considered important for three reasons: i) the persons accessing the social service agencies located in the area continue to require passage during the day, ii) the pedestrian traffic within this corridor, although low in numbers, brings business to the adjoining businesses, and iii) there is a need to maintain the corridor so as not to preclude future options should the By Ward Market expand further east and should the pedestrian environment in the immediate vicinity of Rideau Street improve due to the redirection of the truck route from Waller Street.

2. Access to the Mall will be controlled

Most of the problems being experienced in and around the Mall are due to the large crowds of revelers converging upon the Mall on their way to and from drinking establishments and rave sites in the vicinity of Rideau and the By Ward Market. Thus between the hours of 11 pm and 4 am, the residents of the PSG are awakened by these crowds who activate the car alarms of vehicles parked in the parking compound along George Street or are awakened by disturbances (fights and arguments) due to the state of intoxication of these pedestrians. Businesses abutting the Mall have also been vandalized due to the anti-social behaviour. Other problems are caused by vagrants, drug users and traffickers taking advantage of the dark recesses in and around the Mall to congregate, sleep, and traffic.

Accordingly, the project committees agreed the Mall would primarily function as a pedestrian corridor during the daytime only.

3. The corridor will be secured (gates locked) overnight

The PSG has arranged for its site to be patrolled by a security agent 24 hours per day, 7 days per week and has offered to secure the corridor every evening and to open the gates early each morning (details and the cost of providing this service will be included in the Development Plan).

4. The streetscaping will discourage loitering and anti-social activities

The design proposes to exclude planters and benches and recesses which would encourage loitering, congregating and hiding. By not providing such places, the corridor will function as it is intended to function (as a pedestrian corridor) and will be more user friendly.

5. Increased visibility and personal security

The fence will be approximately two metres high and made of strong materials and will complement the heritage quality of the By Ward Market and neighbouring buildings. The fence and gates will be of open design and planting materials will be kept low to the ground or well above eye levels. The gates will be located at the north and southern limits, as opposed to mid-block, thus eliminating any potential for parts of the Mall becoming an entrapment zone. The open design of the fence will ensure unobstructed sight lines thus making the space more comfortable for passersby in terms of feeling safe in the vicinity of the gated corridor.

6. Focused and singular function rather than multifunctional

Use of the corridor for other purposes, such as by vehicles accessing an adjoining property, for loading and unloading, or for display of wares or patio encroachments will not be supported as these uses conflict with the proposed treatment of the space and will undermine the solutions developed to address the problems that have plagued the Mall.

For example, the operation of an outdoor patio at the southern end would reduce the width of the corridor if it is enclosed by fencing. The southern end of the Mall is the narrowest and once the streetscaping, including planting materials are installed, the width will be sufficient for a clear and comfortable passageway, but not if other uses encroach upon this corridor. If the patio is not enclosed, then vagrants may also assume that the seating provided is for public use and the area will encourage rather than discourage congregating. Also the hours of operation of the patio would conflict with the closure hours of the Mall, and create potential sources of noise at night, especially if the patio operator obtains a liquor license. Finally, the corridor, while sufficiently wide to permit access by emergency vehicles, such as ambulances and police cruisers, would not remain an appropriate width if patio encroachments were permitted.

With respect to accessing adjoining properties by way of the Mall, the owners of 201 Rideau Street were able to access the parking area behind the building (which has since burned down) by way of the Mall. When the Mall was first developed, Council passed By-law 259-84 which states that the Commissioner of Physical Environment may authorize, and may grant by permit, the abutting property owners and tenants to enter onto the Mall to access parking spaces at the rear of this property while there was a summer patio in the access to this site. This access will be discontinued for the above-noted reasons. The new owner of 201 - 211 Rideau will need to re-establish access directly from Rideau Street if the parking spaces at the back of the property are preserved.

7. Pedestrian lighting will be installed the length of the corridor

Although the corridor will be fenced and gated, there is a need to light the space well during the night to promote the security of the area (adjoining spaces will feel more comfortable and safer), to permit visual scrutiny of the space and to discourage trespassing. The proposed lighting design will also light the areas under the tree canopies thus eliminating any dark areas that could be used for sleeping.

8. Artwork

The gateway at Rideau, with its columns on each side, will frame the artwork, a bronze medallion depicting a scene dating back to the earlier Bytown years, installed in the sidewalk in 1993 as part of the Rideau Redevelopment Project and the City’s Art in Public Spaces Programme.

There is a need to spotlight this artwork, as a lack of emphasis or “framing” has partly resulted in it being damaged by vehicular traffic, namely, accessing the adjoining parking area and parking on top of it for purposes of loading and unloading. The gateway will “spotlight” the artwork and thus enhance its security.

9. The Plaza Area (the sunken area at the north end fronting the PSG)

As a result of enclosing the pedestrian corridor with a fence and gates, the Plaza Area, which is presently open to the corridor, will be set apart by the fence and gates. It is hoped that by limiting entry points to the Plaza Area, the area will not be as plagued by the problems described above.

Public art could be displayed in the new planter to be installed at the western edge of the Plaza Area.

Recommendation 2

The Development Plan will provide a detailed design and will be the basis for the preparation of detailed working drawings and specifications for the construction phase. Details as elaborated below must also be determined and included in the Development Plan, to be submitted to City Council in September, 2001.

Specifically, the following must be addressed for inclusion in the Development Plan:

Long term security surveillance of the corridor

Securing the gates each evening and opening these early the following morning would require a regular presence at both times each and every day. The PSG has indicated it could secure the corridor every evening and to open the gates early each morning as the complex is patrolled by a security guard 24 hours per day, 7 days per week. In addition, the PSG has indicated it would be prepared to permit additional surveillance cameras to be installed and added to their present system to be monitor the pedestrian corridor. Compensation for these services must be determined and agreed upon.

The status of the area outside the fence (the Plaza Area)

The Mall consists of two distinct areas, the pedestrian corridor and the open sunken area known as the Plaza Area. Part of the sunken area, located alongside and in front of the PSG, is located within the lands dedicated as the Waller Street Mall and thus are City owned, while the remainder of the sunken area belongs to the PSG.

The installation of the fence and the gates to define and control the use of the pedestrian corridor will effectively separate the Plaza Area from the remainder of the pedestrian corridor. This is a departure from the original intent of the design of this urban space, which was to create an open public space by integrating the Mall landscape with that of the frontage of the PSG. Thus there is a need to determine how the Plaza area will continue to function in view of the following factors:

• The Plaza Area is viewed by the PSG residents as a buffer area between public and private spaces, not unlike a front yard is to a single family home. Unfortunately, the Plaza Area has experienced the same problems plaguing the remainder of the Mall, i.e. vagrancy, loitering, drug trafficking and noise problems. These problems continued despite the fact that the perimeters of the PSG, including the Plaza Area, are monitored via surveillance cameras and patrolled by a security guard on a 24 hour, 7 day per week basis.

• While fencing in and gating the pedestrian corridor will address the problems within the corridor, these problems will likely continue to plague the Plaza Area.

• The PSG has indicated it is interested in acquiring control of the surface rights of the Plaza Area (the PSG already owns the subterranean rights). As the Plaza Area is part of the designated pedestrian mall, it is a public space and although the PSG’s security guard can ask a person exhibiting anti-social behaviour to leave the premises, the guard and the PSG do not have the authority to direct or order this person to leave. Also, as the space is a public space, the Police will respond only if the person exhibiting anti-social behaviour is engaged in criminal activities.

Hence, there is a need for staff to discuss with the PSG how the Plaza Area will continue to be surveyed and secured, in addition to determining how the space will be maintained and operated following the expiry of the existing agreements (September 1, 2001).

Agreements with the abutting property owners

There is a need for staff to discuss with the abutting property owners matters regarding the maintenance, repair and operation of components of the new streetscaping and regarding the control and management of the Plaza Area. Also, there is a need for staff to obtain from one abutting property owner permission to grow vines up the walls of the buildings on the west side of the corridor.

By approving this recommendation, staff will be authorized to negotiate the terms for the provision of security surveillance of the fenced corridor and the control (including maintenance and operation) of the Plaza Area. Details resulting from the negotiations as well as the terms of agreements with the abutting property owners will be included in the Development Plan to be submitted in September 2001.

Recommendation 3

Implementation of the project in 2002 is recommended for the following reasons:

· the problems which have been on-going for some time and the public interests have patiently awaited action to address these problems;

· the PSG requires some lead time to commence taken steps to implement their plans in reference to the final Development Plan and outcomes from the negotiations;

· the lifecycle of the streetscaping elements of the Mall has expired and the streetscaping is in need of renewal,

· obtaining approval for the final Development Plan this fall will enable the Department to identify, in the capital budget for 2002, the required funding for implementation in 2002, and

· the maintenance and liability agreements with the PSG for portions of the Mall will expire September 1, 2001, following which these responsibilities and liabilities will revert to the City.

CONSULTATION

Since 1995, staff and the Ward Councillor have been meeting with the abutting property owners and condominium residents, area residents and merchants to discuss the various issues, concerns and options related to the Waller Street Mall.

During the months of June and July, 2000, the Consultants met with the project committees and individually with the key stakeholders to obtain input on how best to address the issues and concerns identified. In particular, a workshop session with the project teams was held July 6, 2000 at the Routhier Community Centre. Based on the Consultant’s analyses and direction provided during the workshop session, the Consultants prepared a draft Concept Plan. This was presented at an Open House held on the Waller Street Mall on August 2, 2000. Comments obtained at the Open House and subsequently by telephone overwhelmingly indicated support for the recommended design and requested immediate implementation.

Of note, two area residents requested that the trees in the concrete planter located alongside the George Street parking compound, immediately to the northeast of the Mall entrance be preserved, as there were insufficient trees in the Market Area and these were healthy. As the planter no longer was a source of problems (it had formerly been used by drug traffickers as a drop-off site) and as its continued presence did not hamper the Mall entrance, these have been preserved.

One tenant of the property fronting Rideau Street on the west side of the Mall suggested that his business be allowed to install an outdoor patio at the Rideau end. This suggestion is not supported based on the rationale set out in this report under the bullet #6 entitled “Focused and singular function rather than multifunctional” within Recommendation 1.

The Ward Councillor is aware and supports this proposal.

FINANCIAL IMPLICATIONS

A well-maintained infrastructure will benefit tourism and contribute to the health of businesses that depend on it. Further, an important factor in the quality of life for a city is a safe environment which renewal of the Mall area will bring about.

Funds in the estimated amount of $8000 are available within Development Services, Planning and Infrastructure Approval’s 2001 proposed operating budget to proceed to the next step – the Development Plan, which will detail the proposed design.

Waller Street Mall has been identified as a project in RPAM’s life-cycle renewal – public spaces budget and is scheduled for renewal in 2002.

Additional capital funding is required to develop this concept, namely for the fencing and gates. The rational for this design to address the current uses of the Mall has been explained in the Discussion section – recommendation 1; and the request to identify the Mall as part of the capital budget for 2002 is discussed under recommendation 3.

ATTACHMENTS

Document 1 -- Waller Street Mall Proposed Concept Plan, dated July 2000, by Corush Sunderland Wright Limited and Spencer & Company

Document 2 – Waller Street Mall Concept Report, August 2000, prepared for the City of Ottawa by Corush Sunderland Wright Limited and Spencer & Company [on file with the City Clerk]

DISPOSITION

The Development Services Department, Planning and Infrastructure Approvals Branch - preparation of the Development Plan and implementation; and

The Corporate Services Department, Real Property Asset Management Branch, Real Estate Services and the Development Services Department, Planning and Infrastructure Approvals Branch, - negotiation with the Board of Directors of the Place St. George concerning the control of the Plaza Area.

Document 1

Waller Street Mall Proposed Concept Plan, dated July 2000, by Corush

Sunderland Wright Limited and Spencer & Company