Report to/Rapport au :
Transportation Committee
Comité des transports
and Council / et Conseil
12 June 2006 / le 12 juin 2006
Submitted by/Soumis
par :
R.G. Hewitt, Acting
Deputy City Manager/Directeur municipal adjount par interim,
Public Works and Services/Services
et Travaux publics
Contact
Person/Personne ressource : Michael J. Flainek, M.Eng., P.Eng.
Director, Traffic and
Parking Operations/Circulation de stationnement
(613) 580-2424 x 26882,
Michael.Flainek@ottawa.ca
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Ref
N°:
ACS2006-PWS-TRF-0012
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SUBJECT:
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WaIVER TO THE CITY OF OTTAWA
ENCROACHMENT BY-LAW 2003-446 FOR 1124 BANK STREET
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OBJET :
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DéROGATION AU RèGLEMENT D’EMPIÉTEMENT 2003-446 DE LA VILLE D’OTTAWA
POUR LE 1124 DE LA RUE BANK
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REPORT RECOMMENDATION
That Transportation Committee recommend
Council approve the waiver of Provision 65 of the Encroachment By-law 2003-446,
to permit an outdoor patio within thirty metres (30m) of a property zoned for
residential use; and Provision 64 (b) of the Encroachment By-law 2003-446, to
permit an outdoor patio adjacent to a 1.5 metre sidewalk.
RECOMMANDATION DU RAPPORT
Que le Comité des
transports recommande au Conseil d'approuver une dérogation à la disposition 65
du règlement d'empiétement 2003-446 de manière à permettre une terrasse
extérieure à moins de trente mètres (30 m) d'une propriété située dans une
zone d'utilisation résidentielle; que la disposition 64 (b) du règlement
d'empiétement 2003-446 autorise une terrasse extérieure adjacente à 1,5 mètre
du trottoir.
BACKGROUND
Daniel
Johnson Architect Inc., on behalf of Starbucks Coffee Company, has applied to
use the City of Ottawa road allowance to operate an outdoor patio on the
Hopewell Avenue frontage adjacent to 1124 Bank Street. The application was refused in accordance
with Section 65 of the City of Ottawa Encroachment By-law 2003-446, which
requires that a new outdoor patio conform to the Zoning By-law 93 of 1998,
requirement for land-use separation distance of thirty metres (30 m) from a
residential zone. Additionally, the
proposal is in contravention of Section 64 (b) of the City of Ottawa
Encroachment By-law 2003-446, which requires that an outdoor patio provide a
minimum unencumbered sidewalk width of 2.4 metres. The applicant has approached the Ward Councillor to request a
waiver to both of these provisions.
DISCUSSION
The
proposal is to operate an outdoor patio on the Hopewell Avenue frontage at 1124
Bank Street near the southwest corner of the intersection of Hopewell Avenue
and Bank Street (Document 1). The
inner-boulevard at this location has been improved with brick pavers, bicycle
parking spaces and asphalt (Document 2).
The proposed outdoor patio area is 2.4 metres in width and 9.6 metres in
length and will be located adjacent to the building on the asphalt portion of
the inner boulevard (Document 3). The
proposed outdoor patio is located within thirty metres (30 m) of a property
zoned as residential in the City of Ottawa Zoning By-law 93 of 1998. The Encroachment By-law 2003-446, which
regulates the approval and annual permitting of outdoor patios operating on the
City’s right-of-way, prohibits outdoor patios within thirty metres (30 m) of a property
zoned for residential use.
The
Encroachment By-law also requires that an outdoor patio provide for a minimum
unencumbered sidewalk width of 2.4 metres; however, the existing sidewalk on
the south side of Hopewell Avenue is 1.5 metres. The proposed patio is located entirely on the inner boulevard and
as such will not encumber the sidewalk nor restrict pedestrian flow.
The applicant, has requested that Transportation
Committee consider the application.
CONSULTATION
The
proposal was circulated to over 100 property owners and tenants within a
ninety-metre (90 m) radius of the proposed outdoor patio (Document 4). One comment was received with respect to the
general increase in traffic in the area, however; the constituent did not wish
to place a formal complaint and/or objection to the proposed application. The Development and Planning Committee of
the Ottawa South Community Association (OSWATCH) granted written support of the
application provided that Starbucks Coffee Company agree to comply with a 10:00
p.m. evening close time and to ensure that no outdoor music or audio system
will be installed (Document 5).
Starbucks Coffee Company agreed to comply with the additional conditions
outlined by OSWATCH (Document 6). The
additional conditions do not preclude any standard conditions associated with a
waiver to the Encroachment By-law to permit an outdoor patio on City of
Ottawa-owned property. The proposal was
also circulated internally to the Ward Councillor, Infrastructure Services,
Building Services, Planning and Infrastructure Approvals, By-law Services,
Traffic and Parking Operations Branch and the Planning, Environment and
Infrastructure Policy Branch. No
internal objections were received.
FINANCIAL
IMPLICATIONS
Should the outdoor patio
encroachment be approved, the City will realize annual permit fees of
approximately $4,375 for a five and a half month season, with no anticipated
impact on operating costs.
SUPPORTING DOCUMENTATION
Document 1 Key Plan
Document 2 Photos of Proposed Location
Document 3 Proposed Outdoor Patio Design
Document 4 Circulation Letter to Residential Property Owners and Tenants
within 90 Metres
Document 5 Letter of Support From OSWATCH
Document
6 Letter of Intent From Daniel
Johnson Architect Inc., representing Starbucks Coffee
DISPOSITION
The Department will advise the
applicant of Council’s decision.
DOCUMENT
1
KEY
PLAN
Document 2
Photos of proposed location
DOCUMENT 3
PROPOSED OUTDOOR
PATIO DESIGN
DOCUMENT 4
CIRCULATION
LETTER TO RESIDENTIAL PROPERTY OWNERS
AND
TENANTS WITHIN 90 METRES
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Département
de Service et Travaux publics
Circulation et stationnement
100 croissant
Constellation, 6e étage
Ottawa, ON K2G 6J8
Téléphone: (613) 580-2424
Côté Est de la rue Bank,
ext. 16049
Côté Ouest de la rue Bank,
ext. 30082
Télécopieur: (613) 580-2608
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Department of
Public Works & Services
Traffic and Operations
Branch
100 Constellation Cres, 6th
floor
Ottawa, ON K2G 6J8
Telephone: (613) 580-2424
East of Bank Street, ext.
16049
West of Bank Street, ext.
30082
Facsimile: (613) 580-2608
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11 April 2006 File Number D12-04-BANK 1124
Occupant
Dear Sir/Madam:
Re: Proposed Outdoor Patio –
Starbucks Coffee Company 1124 Bank Street
This Division has received a
request for permission to operate an outdoor patio at the above-mentioned
location.
The purpose of this letter, in
accordance with the Encroachment By-law 2003-446, is to allow the owners of
property located within 90 metres of such applications to provide comments on
the proposal.
For your information, the
approximate area of the proposed outdoor patio on City property will measure
approximately 2.4 metres in width and 9.6 metres in length, as per the attached
plan.
Should you have any objections or
concerns regarding this proposal, you are requested to submit your comments to
Amanda Leduc of this Branch within 10 working days from the date of this
letter. Should this Branch not receive a reply within the allotted time, it
will be assumed that you have no objections.
For further information regarding
this matter, please contact Amanda Leduc 580-2424, extension 30082.
Yours truly,
Amanda Leduc
Project Policy
Officer, By-laws, Permits and Inspections
Safety and Traffic Services Division
Department of Public
Works and Services
<Amanda.Leduc@ottawa.ca>
Attach. Plan for proposed patio at 1124 Bank Street
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cc:
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Councillor Clive Doucet, Ward 17(Capital)
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DOCUMENT 5
LETTER
OF SUPPORT FROM OSWATCH
DOCUMENT 6
LETTER OF INTENT FROM DANIEL JOHNSON ARCHITECT INC., REPRESENTING
STARBUCKS COFFEE