Report to/Rapport au:

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

12 May 2011 / le 12 mai 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

 

Kitchissippi (15)

Ref N°: ACS2011-ICS-PGM-0127

 

 

SUBJECT:

vehicular access through the Byron avenue Linear Park to the proposed development at 90 Richmond Road, 114 Richmond Road and 380 leighton terrace

 

 

OBJET :

accès en automobile à l’aménagement proposé aux 90, chemin Richmond, 114, chemin Richmond et 380, terrasse leighton, à travers le parc linéaire de l’avenue Byron

 

 

REPORT RECOMMENDATION

 

That Planning Committee recommend Council approve vehicular access through the Byron Avenue Linear Park for the portion of the redevelopment of the former Sisters of the Visitation property proposed to be used for a retirement home..

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme recommande au Conseil d’approuver l’accès en automobile, à travers le parc linéaire de l’avenue Byron, à la maison de retraite dont l’aménagement est proposé sur l’emplacement de l’ancienne propriété des Sœurs de la Visitation.

 

 

BACKGROUND

 

In November of 2010, Planning and Environment Committee and City Council considered a rezoning application to rezone 90 Richmond Road, 114 Richmond Road and 380 Leighton Terrace to allow the construction of a mixed use development, which included the adaptive reuse of a convent located on the property and a retirement home component on the southern section of the site.  While City Council approved the rezoning, as part of the discussion, City Council did not support the applicant’s proposal to use the Byron Street Linear Park to provide vehicular access to the retirement home component of the development.  This submission is presented to Planning Committee and City Council for reconsideration of their previous position.

 

DISCUSSION

 

As part of the Staff submission last fall to Planning and Environment Committee and City Council, staff had recommended that vehicular access to the retirement home component of the proposed development be provided through the Byron Avenue Linear Park.  The proposed access can be seen in Document 1.

 

It was presented by staff that if access to the proposed retirement home component was to be provided from Leighton Terrace, or perhaps from a second point on Richmond Road, the continuity and functionality of the public landscaped area proposed for the eastern part of the property would be lost, as the landscaped area would need to accommodate a long driveway to the residential buildings.  The only way to preserve the row of mature maple trees and the integrity of the overall public accessible landscaped area is to provide access to the residential area either via the Byron Linear Park or from Shannon Street.  It was also pointed out that as the paved portion of Shannon Street was only about 5 metres wide, it would need to be widened and the resulting impact on the existing five homes siding or facing this street would be extensive.  As a result, the best option to obtain the public benefits that will be derived from the proposal and to minimize the direct impact on existing properties was to have vehicular access to the retirement home through the Linear Park. 

 

Providing an access across the linear park is not unlike any of the nine roads that currently bisect this park from Holland Avenue to Churchill Avenue and since the proposed access would go through the longest continuous stretch of the linear park between Holland and Churchill Avenues without a crossing and the two resulting segments would be longer than some current segments, the impact is considered minimal.  The Department believes that this minimal impact, the public gain from saving the mature Maple Trees and having the public walkway along the eastern edge of the property, more than offset the access through the Linear Park. 

 

As well, through the Zoning By-law the amount of parking to be provided for the proposed retirement home was capped at 65 spaces, which will help minimize the impact of this vehicular crossing on the park.  While direct vehicular access form the site, across Byron Avenue onto Kensington Avenue would be prohibited, the location of the access across the linear park would be opposite that street to eliminate any conflict with having an offset intersection.  The design of the crossing over the park would be done through the Site Plan application but would address issues of safety and security of people using the park.

 

In recent weeks, the City has investigated the impact of using Shannon Street to provide access to the retirement home portion of the proposed development.  It has been confirmed that the impact of using Shannon Street to access the retirement home portion of the proposed development would be extremely detrimental to the homes on that street, resulting in the loss of its existing character. 

The physical widening of the travelled portion of Shannon Street would eliminate existing mature vegetation for the whole length of Shannon Street (Approximately 87 metres), either on the side of Shannon Street where the homes are located or in the Byron Linear Park. If the widening and redesign occurred on the side of Shannon Street containing the houses, this would greatly reduce the yards of five properties facing this street.   By comparison, having the proposed vehicular access through the Byron Linear Park does not have a direct physical impact on anyone’s property.

 

There is also the concern caused by having a greater number of vehicles using the intersection of Shannon Street and Hilson Avenue, only approximately 20 metres away from the intersection of Hilson Avenue and Byron Avenue.  The concern of vehicular conflict by having two intersections close together is further increased by school buses using Hilson Avenue to drop off at and pickup students from the Elementary School located just to the north on Hilson Avenue.  As well, with vehicles exiting the retirement home onto Hilson Avenue, there could be increased cut through traffic on Mulvihill Avenue and Lyman Street as vehicles seek roads which are designed to carry larger volumes of traffic.

 

Given the foregoing and in light of the fact that the residents of Shannon Street have expressed these or similar concerns, it is the Department’s position that City Council should reconsider its position with respect to the proposed development of the Sisters of the Visitation property using the Byron Linear Park for vehicular access.

 

RURAL IMPLICATIONS

 

There are no rural implications.

 

CONSULTATION

 

This report was advertised in the daily papers and property owners located between Richmond Road, Iona Street, Island Park Drive and Kirkwood Avenue have been notified of the recommendation in this report and the Committee meeting date by mail.

 

COMMENTS BY THE WARD COUNCILLOR

 

Unfortunately by not using Byron, Shannon Street becomes the defacto exit. The residents on Shannon would be adversely affected by becoming an access road to the development next door.  They stand to lose significant investment in their properties as well as their enjoyment of life on what has been an isolated dead end street for more than 100 years. Although a cut through of the Byron Linear Park is not perfect, and many in the community are concerned about loss of park space,   I believe we have to respect those members of this community who will suffer the biggest impact by not having this cut-through.

 

It is always difficult when neighbours are pitted against neighbours. The Shannon residents worked with me and with City Planners to examine all opportunities for alternate exits so as to not affect the Byron Linear Parkway. Another exit on Richmond was looked at, as well as Leighton Terrace. But given the position of the Convent on the property and the desire to retain the row of mature maples on the site, there were no other choices.  Ultimately the exit with the least impact for the residents in the area is the cut-through on Byron. 

Shannon residents were concerned about their children’s safety and their properties being destroyed by becoming an access road for garbage trucks servicing the Ashcroft development as well as fire and other emergency vehicles. There was also the potential of 65 cars to be added to their street, just to then have to turn onto Hilson, a street with a school and a daycare and then to Byron.  The School Board Trustee wrote in opposition to this traffic exiting onto Hilson.

But another concern was when Council made this decision last year, there were concerns expressed by City Planning staff that Shannon residents were not represented at Committee, even though they would be the ones affected by the change. Shannon residents had been assured their street would not be used, both by the City, and the previous Councillor Christine Leadman, who originally supported the cut-through on Byron. That is why Shannon residents were not represented that day at Committee to stand up for their interests because they didn't think they needed to be.  Shannon residents have subsequently asked for help, and that is why I am supporting this exit to go back to Byron and retain Shannon as a dead end street.

 

LEGAL IMPLICATIONS

 

The determination of whether to permit access over the Byron Avenue Linear Park rests with Council and is not subject to appeal to the Ontario Municipal Board.

 

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

CITY STRATEGIC PLAN

 

Manage growth and create sustainable communities by ensuring that new growth is integrated seamlessly with established communities.

 

SUPPORTING DOCUMENTATION

 

Document 1 – Proposed development

 

DISPOSITION

 

Staff will implement Council’s decision.
PROPOSED DEVELOPMENT                                                                           DOCUMENT 1

 

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