Report to/Rapport au:

Transportation and Transit Committee/

Comité des transports et des services de transport en commun

18 June 2002/le 18 juin 2002

Submitted by/Soumis par: R.T. Leclair, General Manager/Directrice générale

Transportation, Utilities and Public Works/ Transport, services et travaux publics

Contact/Personnne-ressource : Richard Hewitt, Director, Infrastructure Services

Branch/Directeur des services et travaux publics

580-2424, ext. 21268, Richard.Hewitt@ottawa.ca

Ref No:ACS2002-TUP-INF-0015

SUBJECT: TEMPORARY ENCROACHMENT PERMIT – 311 BANK STREET – OUTDOOR PATIO

OBJET: PERMIS D’EMPIÈTEMENT TEMPORAIRE – 311, RUE BANK – TERRASSE EXTÉRIEURE

REPORT RECOMMENDATION

That the Transportation and Transit Committee deny a request for permission to operate an outdoor patio at 311 Bank Street within the MacLaren Street road allowance.

RECOMMENDATION DU RAPPORT

Que le Comité des transports et des services de transport en commun rejette une demande d'autorisation d'exploiter une terrasse au 311, rue Bank, à l’intérieur des limites de l’emprise de la rue MacLaren.

BACKGROUND

An application for an outdoor patio permit in the MacLaren Street road right-of-way was received from the City Diner & Resto Bar on 19 March 2002. The application involves the proposed construction of a patio on an intersection narrowing (bulb-out). A copy of the patio design and location is attached as Annex 1.

Outdoor patios in the City’s road rights-of-way are regulated by the City’s encroachment by-laws. The former City of Ottawa’s Encroachment By-Law 167-73 and associated Council approved policy regulates the establishment and use of outdoor patios on former City of Ottawa streets. This policy requires the Department to reject any patio application that is located within 100 feet (30.48 metres) of any property zoned residential. Where a proposed patio is located between 100 feet (30.48 metres) and 300 feet (91.44 metres) from a residential zoned property, the policy requires that such tenants and property owners be given an opportunity to comment on the application. Should no objections be received, and there are no technical issues of concern, an outdoor patio permit is issued. However, when at least one objection is received, the policy requires the Department to prepare a report on the matter for consideration by Transportation and Transit Committee.

In the case of this application, residential zoned property exists between 100 and 300 feet of the proposed patio location.

DISCUSSION

There are three residential tenants/owners located within the impacted area. A hand delivered letter explaining the patio application was distributed to these properties on 22 April 2002.

The Department has received one written objection to this proposal, dated 29 April 2002, from District Realty on behalf of the owner and tenants of 341 MacLaren Street (Annex 2). The written objection from District Realty listed several concerns, which include an objection to the use of this area for an outdoor patio, concerns regarding garbage and refuse likely generated by an outdoor patio and concerns of the possibility of “less than desirable” clientele at this location.

The Department has undertaken a review of this application and notes that the portion of the road allowance in question is relatively small and is currently occupied by a fire hydrant, traffic control box and bicycle racks. Moving the bicycle racks to other corners of this intersection is not desirable since these other locations are also limited in available space and locating the bicycle racks there would create conflicts with other public uses (i.e., sidewalks, trees, etc.). Further, there is concern that establishing an outdoor patio at this location will limit access to the fire hydrant and traffic control box.

The Department is also concerned that the proposed patio location will modify the existing pedestrian route to the perimeter of the bulb-out thereby placing pedestrians in a secondary position. As well, the original purpose of the bulb-out was envisioned as providing space for a number of public amenities including bicycle racks, benches, newspaper vending boxes, trees, etc.

The Department recognizes the economic benefits and opportunities that can arise from the operation of an outdoor patio and accordingly, make every effort to assess such applications in a fair and reasonable manner. Nevertheless, the primary concerns in assessing such applications include ensuring that there is sufficient unencumbered space for pedestrians, that patio structures do not interfere with sightlines or create any form of public safety hazard and that public amenities such as street furniture, bike racks and waste receptacles are not displaced by the establishment of these structures.

In view of the above, and in balancing the needs of businesses, pedestrians, cyclists, and others, the Department is not able to support this application.

CONSULTATION

In addition to the canvassing of residential owners/tenants required as part of the Council approved policy and identified above, the Department had advised the Bank Street B.I.A., the Centretown Citizens Community Association, the Cycling Advisory Committee and the Mobility Issues Advisory Committee of this application. As of this date the Department has only received comments (copy attached as Annex 3) from the Bank Street B.I.A. expressing its support for the proposed outdoor patio.

The Ward Councillor has also been made aware of the patio application and has indicated that she is unable to support the application for the following reasons:

a) The proposed site does not appear to be large enough to support a patio without impeding pedestrian traffic at this busy corner;

b) There is no direct access to the Diner from the proposed site, therefore the food and beverages would need to be carried along the sidewalk to patrons; and

c) The proposed patio would require the removal of three bicycle parking spaces, with no proposal for relocation.

Furthermore, she has also noted that the proposed location is a pedestrian "bump-out" which was installed as part of the streetscaping/traffic calming initiative for the Bank Street area of Centretown. It was intended to improve conditions for pedestrians, and she does not wish to see any changes to the use of these areas that would reverse these improvements.

FINANCIAL IMPLICATIONS

Should this outdoor patio be approved, it is estimated the encroachment permit fee for the proposed outdoor patio would be $2000.00 annually based on a 5-month seasonal permit.

ATTACHMENTS

ANNEX 1 Proposed Patio Plan (311 Bank Street)

ANNEX 2 Letter dated April 29, 2002 from District Realty.

ANNEX 3 Letter dated May 29, 2002 from the Bank Street B.I.A.