Planning Committee Comité De L'urbanisme January 24

Report to Rapport au:

Planning Committee Comité de l'urbanisme

January 24, 2014 24 janvier 2014

Submitted by Soumis par: Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure

Contact Person Personne ressource: Michael Mizzi, Chief/Chef, Development Review Services / Services d’Examen des projets d'aménagement, Planning and Growth Management/Urbanisme et Gestion de la croissance (613) 580-2424, 15788, Michael.Mizzi@ottawa.ca

Ward: GLOUCESTER-SOUTH File Number: ACS2014-PAI-PGM-0034 NEPEAN (22) / GLOUCESTER- NEPEAN SUD (22) SUBJECT: Street Closure – Part of Woodroffe Avenue between Prince of Wales Drive and Cresthaven Drive

OBJET: Fermeture de rue – Partie de l’avenue Woodroffe entre la promenade Prince of Wales et la promenade Cresthaven

REPORT RECOMMENDATIONS

That Planning Committee approve the closure of a portion of Woodroffe Avenue as shown in Document 1, subject to the conditions as outlined in Document 2.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme approuve la fermeture d’une portion de l’avenue Woodroffe, comme le montre le document 1, sous réserve des conditions décrites dans le document 2.

BACKGROUND

A Street Closure application has been received to close portions of Woodroffe Avenue between Prince of Wales Drive and Cresthaven Drive. The application involves the mandated requirement to close the intersection of Woodroffe Avenue with Prince of Wales Drive to vehicular traffic, and to remove 4.4 metres from the easterly portion of the right-of-way.

Woodroffe Avenue between Cresthaven Drive and Prince of Wales Drive is currently operating as a two-lane arterial with a right-of-way width ranging from 30 metres to 36 metres. It has a rural cross-section (ditches) on both sides of the road without sidewalks or street lights.

The Official Plan currently classifies Woodroffe Avenue as a major collector from Strandherd Road to Bren Maur Road and a local street from Bren Maur Road to Prince of Wales Drive.

Purpose of the Application

The purpose of the Street Closure application is to close the intersection of Woodroffe Avenue with Prince of Wales Drive, and 4.4 metres of the easterly portion of the right-of- way as shown on Document 1. The surplus road allowance will be disposed of as directed through the South Nepean Secondary Plan and a 2003 Subdivision Agreement between the City and the developer of the adjacent lands. As per provisions in the Subdivision Agreement, the surplus portions will be consolidated with existing registered blocks on the adjacent subdivision located to the east to complete residential lots that will front directly on the downgraded roadway. The legal road closing process will involve property disposal negotiations with the developer who has been conditioned to acquire all of the surplus road allowance along the east side. As part of this street closure and subsequent construction of new residential units, the developer is also required to reconstruct and urbanize Woodroffe Avenue as per the City’s current road design standards.

Removal of Delegated Authority

Approval of Street Closure applications are delegated to the Program Manager, Development Review. In response to the Notice of Intent To Close which was posted on the City’s web site for a two-week period, objections were received to this Street Closure application. In light of receiving objections, delegated Authority is no longer in effect and a public meeting is required to allow those in opposition to make their views known to Planning Committee, to whom delegated authority is provided to in this matter.

DISCUSSION

The Official Plan sets broad strategic directions to meet the challenge of managing growth, providing infrastructure and creating liveable communities within Ottawa. The South Nepean Secondary Plan for Areas 4, 5 and 6 of the City’s Official Plan (Volume 2A) contains policies to ensure this community is developed with a compact urban form at an appropriate scale that is pedestrian-oriented and fosters community interaction.

Policy 3.1.2 of the Secondary Plan states that the existing intersection at Ottawa Road 73 (former Highway 16) now Prince of Wales Drive and Woodroffe Avenue will be closed. As well, Schedule E of the Official Plan (Urban Road Network) and Map 5 of the Transportation Master Plan (Urban Road Network) show a downgraded road classification for Woodroffe Avenue, south of Strandherd Drive, as a major collector and local road. The decision to close the intersection and downgrade Woodroffe Avenue in this location was made by the former City of Nepean in 1997 through an extensive public consultation process associated with the approval of the Secondary Plan. The physical closing of the road was to be completed when Strandherd Drive was constructed to four lanes from Woodroffe Avenue to Prince of Wales Drive. In light of Strandherd Drive now being completed to Prince of Wales Drive, this Street Closure application is required to finalize the formal legal and physical closing of the road.

Woodroffe Avenue is currently classified in the Official Plan as a major collector from Strandherd Road to Bren Maur Road and as a local street from Bren Maur Road to Prince of Wales Drive. The subject road's classification dates back to 1997 when the former City of Nepean approved the South Nepean Secondary Plan and it was incorporated into the newly amalgamated City of Ottawa’s 2003 Official Plan. Transportation studies completed at the time of the approval of the Secondary Plan supported the proposed intersection closure and indicated traffic will continue to operate at acceptable levels once the intersection is closed. This was based on the proposed number of new road infrastructure projects which would be undertaken including

4 upgrades to Jockvale Road, Strandherd Drive and Longfields Drive. Strandherd Drive, a four lane arterial, has now been completed to Prince of Wales Drive, and Longfields Drive has been extended as a new four lane arterial from Strandherd Drive south to Jockvale Road. Jockvale Road north of Cambrian Road has been expanded to four lanes and improved with a new bridge structure over the Jock River.

The subsequent approval of the South Nepean Development Corporation's (SNDC) Chapman Mills plan of subdivision (located on the east side of the proposed closing), incorporated the earlier Official Plan-mandated closure of this street. The Subdivision Agreement (4M-1202) states in clause Y 2 (b) (ii):

"b) The Owner acknowledges and agrees to pay all costs associated with the future closure of Woodroffe Avenue at Prince of Wales Drive. These costs, may include, but are not limited to:

ii) acquisition of portions of Woodroffe Avenue which will be declared surplus and incorporated into Blocks 382 to 422 at market value."

The approved design of the subdivision took the closure into consideration and the developer was required to place on hold those blocks located immediately adjacent to the east side of Woodroffe Avenue until such time as the road was closed. Following the road closure, as per the requirements of the Subdivision Agreement, SNDC was conditioned to purchase at fair market value the surplus portions of the road and incorporate them into the balance of their undeveloped lands. With approval of the road closure, the developer will be in a position to move forward with the reconstruction and urbanization of Woodroffe Avenue, and the creation of new residential lots as planned, thus completing the development of this residential subdivision.

The proposed street closure and road reconstruction supports the Secondary Plan objective of creating a community with a safe transportation system for vehicular traffic, transit, cyclists and pedestrians. For residents along Woodroffe Avenue and in the neighbouring communities, the current condition of the southern part of Woodroffe Avenue is an issue of safety. The current condition of the road with narrow gravel shoulders and the absence of a sidewalk create an unsafe environment as people walk and cycle to the shopping centres and transit networks at Chapman Mills Drive and the new Nepean Woods Park and Ride on Strandherd Drive. This area of the community requires improved pedestrian and cycling capacity, currently unavailable due to the rural nature of this stretch of Woodroffe Avenue with ditches on either side. As part of the road reconstruction, SNDC will be completing the urbanization of Woodroffe Avenue with the installation of sidewalks, street lighting and fire hydrants not only along the

5 portion of the Woodroffe Avenue in the area of the road closing, but along the entire east side of the right-of-way from Prince of Wales Drive to Chapman Mills Drive. In addition, cycling lanes will be added from Serena Lane to Strandherd Drive. The west side of the right-of-way, north of Paul Metivier Drive, will also be completed with the addition of curbs and sidewalks. The west side of the right-of-way, south of Paul Metivier, will be left as a rural cross-section with a ditch as per the original request of the Heart's Desire Community at the time of approval of the Secondary Plan.

Document 2 details conditions of approval of the Street Closure application. The City shall not be responsible for any costs as the developer (SNDC) is responsible for all costs including the application fee, preparation of plans/surveys, land costs, registration of documents, land transfer tax and design and construction costs.

Conclusion

The Department supports this Street Closure application as it will complete the formal closing of the affected road allowance as per Official Plan policies and registered Subdivision Agreement. The closure will allow for the implementation of a safer, friendly streetscape that promotes accessibility by all forms of transportation including pedestrians, cycling, and vehicular.

RURAL IMPLICATIONS

Rural residents living south of the proposed Woodroffe Avenue/Prince of Wales Drive intersection closure in Manotick and areas beyond have expressed concerns that they will be impacted by the proposed closure. They have indicated that this portion of Woodroffe Avenue is a direct route into and out of the city and they will be forced to take alternate routes which will add travel time. Transportation Studies completed in conjunction with the Secondary Plan and development applications indicate that there will be minimal impact on traffic flow once the intersection is closed given recent improvements made to existing area arterial and collector roadways. The closure of the intersection and removing high speed vehicular traffic from this rural cross section portion of Woodroffe Avenue will eliminate a dangerous stretch of road for motorists, pedestrians and cyclists.

CONSULTATION

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Street Closure Applications. The details of the public comment can be seen in Document 3.

COMMENTS BY THE WARD COUNCILLOR

Councillor Desroches provided the following comments:

“This closure application was planned by the Nepean City Council years ago, prior to amalgamation as part of the City of Nepean’s Official Plan and was required to be adopted by the City of Ottawa at amalgamation. As a result, this previously approved road closure is contained in the City of Ottawa’s Official Plan and Transportation Master Plan. Although I was not on Nepean Council at the time, I trust that they had a progressive vision for the community that we now enjoy. This closure will bring safety and urbanization improvements along Woodroffe Avenue for the residents who live in the adjacent and facing communities and will benefit both existing and future residents. This area of the community needs proper pedestrian and cycling capacity which will be provided as part of this road closure. Until now, it has not been able to be developed due to the rural road structure currently along the stretch south of Chapman Mills Drive. As this report illustrates, the updated Woodroffe Avenue will feature streetlights, fire hydrants, a cycling network and sidewalks along the east side of Woodroffe from Prince of Wales Drive to Chapman Mills Drive. The west side of Woodroffe will also see curbs and sidewalks added from Paul Metivier Drive to Chapman Mills Drive as part of the road closure agreement. This closure was previously presented as part of both the Prince of Wales Drive Environmental Assessment and the Strandherd Drive Widening project. As part of that process, a temporary right in – right out configuration was installed at this intersection until such time that the Strandherd Drive extension was completed and in use by local residents. Now that Strandherd Drive is complete, the process to close Woodroffe Avenue permanently has begun. Other road connections in the area have included upgrades to Jockvale and the Longfields Drive extension. Google Maps indicates that there is only a 700m difference between using Woodroffe or Strandherd Drive when travelling from the Metro at Strandherd Crossing to Prince of Wales Drive. In addition, Strandherd Drive offers a number of advantages with a higher volume capacity, updated roads, and a higher speed limit. The City's Emergency Services has reviewed this file both now and at the time of amalgamation. They have advised that the future closure does not cause any concerns in relation to emergency response times to local residents. I have also reviewed this file with the City’s solicitors

7 and have been advised that if the City of Ottawa were to contest the closure, it would be faced with a significant financial liability.”

LEGAL IMPLICATIONS

There are no legal impediments to the adoption of the recommendation is this report.

The actions of the City of Ottawa are required by the Planning Act, Section 24, to be in conformity with the Official Plan. In light of the language of the South Nepean Secondary Plan stated above, It is also the opinion of Legal Services that this section of Woodroffe is required to be closed. In addition to being a requirement through planning law, as the City entered into a subdivision agreement in furtherance of this policy, the City has a contractual obligation to close and convey the road (at market value). Should such not occur, an action could be commenced against the City in Court to require the conveyance.

RISK MANAGEMENT IMPLICATIONS

There are risk implications. These risks have been identified and explained in the report and are being managed by the appropriate staff.

FINANCIAL IMPLICATIONS

The City is not responsible for any costs; the developer (SNDC) is responsible for all costs including the application fee, preparation of plans/surveys, land costs, registration of documents, land transfer tax and design and construction costs.

ACCESSIBILITY IMPACTS

There are no accessibility impacts associated with this report.

ENVIRONMENTAL IMPLICATIONS

There are no environmental implications associated with this report.

TECHNOLOGY IMPLICATIONS

Information Technology approved this report without comments.

TERM OF COUNCIL PRIORITIES

The report supports the following Term of Council priorities:

C1 – Contribute to the improvements of my quality of life

TM3 – Provide infrastructure to support mobility choices

TM4 – Promote alternative mobility choices

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the On Time Decision Date established for the processing of Street Closure applications. The application received objections which required it to be brought before Planning Committee.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Conditions of Approval of Road Closing

Document 3 Consultation Details

DISPOSITION

City Clerk and Solicitor Department, Legislative Services, to notify, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5

Legal Services to prepare agreements and by-laws as required.

Document 1

Location Map

Document 2

Conditions of Approval – Road Closing

1. This approval shall not be in effect until Notice of the proposed closing is given in accordance with By-law No. 2011-122 as amended and any objections resulting thereof have been considered by the Planning Committee.

2. The street or lane closure shall be undertaken by enactment of a street or lane closure by-law.

3. A conveyance of a closed road shall be at current market value in accordance with the Disposal of Real Property Policy and Procedures approved by City Council on March 28, 2012.

4. The applicant/purchaser(s) will be responsible for all costs of the street or lane closure and sale including the application fee, the preparation of a survey/reference plan, appraisal (if any), removal of encumbrances (if any), registration of documents, land transfer tax and GST (if applicable);

5. Prior to enactment of the by-law:

(a) The applicant/purchaser(s) shall have provided to the City Solicitor a plan of survey/reference plan, showing the road, or portion thereof, to be closed, the parcels of land therein to be conveyed to all parties, any existing or required utility easements and a registerable legal description of all such parcels of land, to the satisfaction of the City Solicitor and the City Surveyor;

(b) the applicant/purchaser(s) of all closed portions of the road being sold shall have provided to the City Solicitor written confirmation that any zoning violation which may result from the closing will be the applicant/purchaser(s) responsibility to remedy; and

(c) a binding Agreement(s) of Purchase and Sale shall have been entered into by the City and the applicant/purchaser(s) for the closed road.

6. Should the conditions in Paragraph 5 above not be fulfilled within one year of the date of approval of the street or lane closure application, the approval of the street or lane closure application shall be null and void.

7. The Municipal Act provides that the closing by-law enacted by City Council does not take effect until registered on title. The by-law will not be registered on title until

such time as the conveyance of the closed road is completed pursuant to an Agreement of Purchase and Sale.

SPECIAL CONDITIONS

1. The applicant/purchaser shall submit updated design drawings per City requirements as of the date of passing of the Road Closing By-law for Woodroffe Avenue from Chapman Mills Drive to Prince of Wales Drive for circulation, review and approval to the satisfaction of the General Manager, Planning and Growth Management Department. The design shall include, but not be limited to the proposed Woodroffe Avenue cross-section(s), road geometry, servicing and grading, curb and sidewalk locations, pavement markings and proposed traffic control measures. The design is also to include provision for a north and south bound cycling lane from Serena Way to Strandherd Drive.

2. Prior to the actual physical closing of Woodroffe Avenue/Prince of Wales Drive intersection and registration of the Road Closing By-law, the applicant/purchaser shall enter into a Development Agreement with the City of Ottawa to address in detail Conditions 1 and 2, Section Y of the Subdivision Agreement between the City of Ottawa and South Nepean Development Corporation. These items may include but are not limited to:

a) List of approved drawings detailing the redesign and construction of the Woodroffe Avenue and Prince of Wales intersection and the east side of Woodroffe Avenue to approved City standards for an urban collector roadway;

b) A construction phasing plan for the works to the satisfaction of the City; and

c) Required securities and engineering review and design fees.

DOCUMENT 3

Consultation Details

Summary of Comments

Approximately 20 letters were received with the majority having concerns or in opposition to the application. The comments received both in support and opposition are summarized below followed by a staff response:

Comment: We support the road closure because currently it is unsafe to walk or cycle along this portion of Woodroffe Avenue and we understand once the Woodroffe Avenue intersection is closed the road will be improved with the addition of sidewalks and streetlights.”

Response: The physical characteristics of the Woodroffe Avenue will improve. As part of the road urbanization and construction of new homes on the east side of Woodroffe Avenue, sidewalks, cycling lanes and street lighting will be installed.

Comment: This portion of Woodroffe Avenue is a direct route into and out of the City and carries large volumes of traffic. Once the intersection is closed it will force the traffic onto the already clogged Prince of Wales Drive and local residential streets.

Response: Transportation studies completed at the time of the approval of the Secondary Plan and subsequent subdivision applications in the area accounted for the proposed intersection closure and the studies indicated that traffic will operate at acceptable levels once the intersection is closed. The studies concluded that provided the road closing was held until such time as the extension of Strandherd Drive was completed to Prince of Wales Drive, people would easily adjust to using the now completed four lane Strandherd Drive. Also with the number of additional new road infrastructure projects being undertaken including the construction of the Strandherd-Armstrong Bridge and upgrades to Jockvale Road, Strandherd Drive, and Longfields Drive, orderly movement of traffic volumes in the area will be maintained.

Comment: Closure of this major thoroughfare will be a major inconvenience and will add unnecessary distance time when travelling north and south between Manotick and eastern areas of Barrhaven and destinations north.

Response: Traffic studies have indicated that there is only approximately 700 metres difference between using Woodroffe or Standherd Drive when travelling from the corner of Strandherd Drive and Woodroffe Avenue to Prince of Wales Drive and Woodroffe Avenue. In addition, Strandherd Drive offers a number of advantages with a higher volume capacity, updated roads, and a higher speed limit. With such a minor difference in route length, staff does not believe the closure will cause any significant issues in regards to travel time.

Comment: How did the decision to close the intersection of Woodroffe Avenue and Prince of Wales Drive get made and become part of the Official Plan? It appears that there was no public consultation.

Response: The decision to close Woodroffe Avenue was made by the former City of Nepean Council through an extensive public consultation process associated with the approval of its Secondary Plan and related Official Plan Amendments for the area. At the time, community groups and technical agencies supported the decision to close Woodroffe Avenue and lobbied to have the decision specifically committed in the City’s Official Plan and Secondary Plan policies that remain in effect today.

Comment: This closure is all being done to benefit the developer of the adjacent subdivision to the east so they can develop more lots.

Response: Subsequent subdivision plan approval of SNDC’s Plan of Subdivision located on the east side of the proposed closing incorporated the earlier Official Plan-mandated closure of this intersection and the approved design of that subdivision takes the closure into consideration. SNDC was required to ensure their plan of subdivision conformed with the Secondary Plan and the developer was required to place the western half of the lots on the east side of Woodroffe on hold until such time as Woodroffe Avenue was downgraded from an arterial to a collector roadway. Following the downgrade, as per the requirements of the Subdivision Agreement for the adjacent subdivision, the

14 developer is required to purchase at market value those portions of Woodroffe Avenue which will be declared surplus and incorporate them into the balance of their undeveloped lands. Through this assemblage of properties, new residential lots will be created which will front onto Woodroffe Avenue, thus completing the development of this residential subdivision. The SNDC Subdivision Agreement, which is deposited on title and which serves as binding notice to all prospective purchasers and owners of all properties in the area bounded by Woodroffe on the west, Prince of Wales on the south and east and the future Strandherd extension on the north and east, contains a clause that clearly advises that this closure is committed. SNDC sold all properties in this area based on a plan that commits to the Official Plan-mandated closure.

Comment: When Woodroffe Avenue is reconstructed to an urban collector roadway standard with sidewalks, street lights and curbs, we do not want any of those facilities installed on the west side of the street adjacent to the Heart’s Desire Community. We want to ensure on-street parking will not be permitted along the west side of the road.

Response: The west side will be left as a rural cross-section with a ditch and none of those facilities as indicated will be installed. This is as per the original request of the Heart’s Desire Community at the time of the approval of the Secondary Plan.