Comité des transports
Submitted by / Soumis par : Georges Bédard, Councillor / Conseiller
SUBJECT:
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OBJET :
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That the Transportation Committee
recommend that Council approve:
1. That the Director of Real Estate Partnership and Development Office be authorized to enter into a License of Occupation agreement on behalf of the City with the Owner in accordance with the terms and conditions as set out in Document 1, which terms and conditions will provide a 10 year term for the License of Occupation agreement with a nominal yearly fee of $1.00 for the 10 year term, which will be subject to renegotiation for further renewals based on applicable City land lease policy in place thereafter.
2. That the Deputy City Manager, Infrastructure Services and
Community Sustainability provide for the issuance of the required road cut
permit to allow the Owner to undertake the proposed improvements subject to all
technical matters related to the works being to the satisfaction of the Deputy
City Manager and subject to any securities as set out in Document 1 being
posted.
Que le Comité des transports recommande au
Conseil d’approuver :
1. Que le directeur du Bureau
des partenariats et du développement en immobilier soit autorisé à délivrer un permis d’occupation
au Propriétaire au nom de la Ville conformément aux modalités établies dans le
document 1, lesquelles prévoient que le permis d’occupation durera 10 ans
moyennant des frais annuels modiques de 1 $ pendant ces 10 ans et
qu’il pourra être renouvelé en fonction de la politique municipal en vigueur
concernant les baux fonciers après de nouvelles négociations par la suite.
2. Que
le directrice municipale adjointe, Services d’infrastructure et de la viabilité
des collectivités, permette la délivrance du permis de terrassement requis pour
que le Propriétaire procède aux améliorations proposées, sous réserve de la
conformité de tous les éléments techniques liés aux travaux aux règles, à la
satisfaction du directeur général, et de l’affichage des valeurs, comme le
stipule le document 1.
On 2 December 2009, the aforementioned Notice of Motion was submitted for consideration at a subsequent meeting of the Transportation Committee. The full Motion is attached as Document 3 to this report.
The Owner of 90 George Street Ltd., and 135 Rideau Street obtained site plan approval for the construction of a mixed commercial residential condominium, provided that the Owner:
The improvements provided for specialized landscaping and surface treatments to distinguish the forecourt area in front of 90 George Street from the remaining parking courts along George Street, so as to establish a forecourt area for the commercial and residential condominium. The Owner wishes to undertake additional improvements to this forecourt area, as reflected on Document 2. The effect of these further improvements would be to have the forecourt further distinguished and separated from the remaining parking courts along George Street.
Further, the Owner also wishes to be given the right to use and maintain the improved forecourt to manage drop off and pick-up activities and a valet parking service to be provided in conjunction with the commercial/residential condominium at 90 George/135 Rideau.
The improvements proposed are seen as being beneficial from an aesthetic, safety and operational perspective to ensure that activities associated with drop-off and pick-up and the valet parking service will be managed for the benefit of residents of the residential condominium, staff and customers of the commercial condominium and the public who will use the public parking provided. It is considered reasonable in view of these benefits, to provide for a nominal yearly fee of $1.00 for a term of 10 years which would provide an amount equal to the capital cost of the improvements.
The proposed improvements have been reviewed and accepted by staff, subject to the Owner entering into a License of Occupation agreement with the City that sets out obligations on the part of the Owner to improve and maintain the lands and provides to the Owner the right to manage and operate activities in the forecourt. The Owner is prepared to enter into such an agreement but wishes to have the fee waived in consideration of the investment being made in the proposed improvements, estimated at $260,000. The normal fee in accordance with Council policy would provide for a yearly payment to the City of $26,000 based on current market rent.
The proposed improvements are supported by the ByWard Market and Rideau Street BIAs.
Site plan approval for 90 George Street was negotiated and approved prior to the Municipal Parking Management Strategy’s approval by Council in April 2009. The site plan approval provides for the elimination of 6 public parking spaces in the parking court in front of 90 George Street and requires that 20 publicly accessible parking spaces be provided as part of the development. It is understood that the proposed License of Occupation Agreement is intended to allow the owner to improve and manage vehicular activity in the public ROW in front of 90 George, support the proposed valet parking service and accommodate pick-up and drop-off activities associated with the uses within 90 George. The Parking Management Strategy therefore will not apply to or govern either the parking in the ROW that will serve the 90 George Street development or the parking that will be accessible to the public that is located within the development. These spaces will be managed and controlled by the owner as publicly accessible commercial parking.
The agreement reached through the site plan approval
process would today not be supported by the Parking Management Strategy.
However, as this arrangement pre-dates the Parking Management Strategy and, in
recognition of the potential overall benefit to the community of having this
proposal formalized through a License of Occupation Agreement and recognizing
that the Ward Councillor and BIA’s are in support of this, Public Works staff
see the proposed License of Occupation as concluding understandings reached through
the site plan approval process related to the function of the right of way in
front of 90 George and are in support of having these understandings finalized
as set out in this report. Public Works staff would however, request that the
terms of the agreement ensure that the design and signage make it obvious to
the public that the parking is publicly accessible. Further, should the
developer wish to reintroduce metered or non-metered public parking within the
right-of-way, it should be managed by the Parking Branch as part of the
municipal public parking system.
Infrastructure
Services
Staff have worked with the Councillor in drafting Document three. Issues identified by staff for the use of the Public Right of Way as part of this private development have been identified and dealt with in the conditions for the License of Occupation Agreement. Infrastructure Services and Community Sustainability supports the motion.
Planning and Growth Management
Staff have worked with the Councillor in drafting Document 3.
Staff have worked with the Councillor on this
agreement and support the motion. After
the agreement expires, staff will negotiate with the building owner renewals based on the applicable City land lease policy in
place thereafter.
There are no rural implications associated with this Motion.
There are no legal/risk management impediments to the implementation of this Report's recommendations.
There are no financial implications.
Document 1 - Contents of the License of Occupation Agreement
Document 2 – Forecourt Grading and Drainage Plan
Document 3 – Motion submitted on 2 December 2009
Subject to Council approval:
1. The Director of Real Estate Partnership and Development Office to enter into a License of Occupation agreement with the Owner, on behalf of the City, in accordance with the terms and conditions as set out in Document 1.
2. The Deputy City Manager of Infrastructure Services and Community Sustainability will provide the required road cut permit to allow the Owner to undertake the proposed improvements.
Document 1
Document 3
90 George Street –
Notice of Motion
WHEREAS 90 George Street Ltd the owner of the lands known municipally as 90 George Street and 135 Rideau Street (the “Owner”) obtained Site plan Approval for the construction of a mixed commercial residential condominium;
AND WHEREAS the Site plan approval provided the Owner undertake improvements to the parking court within the right-of-way (ROW) in front of 90 George Street that resulted in the elimination of 6 parking spaces and included a requirement for the Owner to provide a minimum 20 parking spaces for use by the public within the underground parking garage of the condominium to offset the elimination of these 6 parking spaces;
AND WHEREAS the improvements provided for specialized landscaping and surface treatments to distinguish the forecourt area in front of 90 George Street from the remaining parking courts along George Street so as to establish a forecourt area for the commercial and residential condominium;
AND WHEREAS the Owner wishes to undertake additional improvements to this forecourt area in front of 90 George Street as reflected on Document 2;
AND WHEREAS the effect of these further improvements would be to have the forecourt further distinguished and separated from the remaining parking courts along George Street;
AND WHEREAS the Owner also wishes to be given the right to use and maintain the improved forecourt to manage drop off and pick-up activities and a valet parking service to be provided in conjunction with the commercial/residential condominium at 90 George/135 Rideau;
AND WHEREAS the proposed improvements will not result in any further elimination of on-street parking beyond the six spaces for which approval has been given as part of the Site Plan Approval;
AND WHEREAS the proposed improvements are supported by the ByWard Market and Rideau Street BIAs;
AND WHEREAS the proposed improvements have been reviewed and accepted by City staff subject to the Owner entering into a License of Occupation agreement with the City that sets out obligations on the part of the owner to improve and maintain the lands and provides to Owner the right to manage and operate activities in the forecourt;
AND WHEREAS the Owner is prepared to enter into such an agreement but wishes to have the fee waived in consideration of the investment being made in the proposed improvements, estimated at $260,000;
AND WHEREAS the normal fee in accordance with Council policy would provide for a yearly payment to the city of $26,000 based on current market rent;
AND WHEREAS the improvements proposed are seen as being beneficial from an aesthetic, safety and operational perspective to ensure that activities associated with drop-off and pick-up and the valet parking service will be managed for the benefit of residents of the residential condominium, staff and customers of the commercial condominium and the public who will use the public parking provided;
AND WHEREAS it is considered reasonable in view of these benefits, to provide for a nominal yearly fee of $1.00 for a term of 10 years which would provide an amount equal to the capital cost of the improvements;
AND WHEREAS the Owner wishes to undertake the proposed works before the end of the 2009 construction season, if possible, so as to implement the management of drop off and pick-up activities and the valet parking service for the commercial/residential and the public;
THEREFORE BE IT RESOLVED that the Director of Real Estate Partnership and Development Office be authorized to enter into a License of Occupation agreement on behalf of the City with the Owner in accordance with the terms and conditions as set out in Document 1 which terms and conditions will provide a 10 year term for the License of Occupation agreement with a nominal yearly fee of $1.00 for the 10 year term, which will be subject to renegotiation for further renewals thereafter;
AND BE IT FURTHER RESOLVED that the Deputy City Manager of Infrastructure Services and Community Sustainability provide for the issuance of the required road cut permit to allow the Owner to undertake the proposed improvements subject to all technical matters related to the works being to the satisfaction of the Deputy City Manager and subject to any securities as set out in Document 1 being posted.