John Dance
In the face of City Council approval of the 15 des Oblats “Sisters” development, Corners on Main resident Adriana Beaman launched an appeal to the Ontario Land Tribunal (OLT) and achieved several successes that will benefit the entire community.
Her efforts – which she describes as “all consuming” and an “eyeopener” – led to one of her primary goals of meeting with the developer to discuss the concerns of the community. The developer was able to provide clarification and written commitment on some items in her appeal. She received confirmation that specified “transportation demand measures” will permanently mitigate the impact of the development which provides no parking spaces for the residents.
Thans to the efforts of Adrianna Beamon, this lovely tree on des Oblats Avenue may be saved. Photo by Adriana Beaman
Even if the property is sold, a new owner will be bound by the Site Plan Agreement terms requiring such measures as ensuring that lease agreements advise that residential parking spaces will not be available for tenants and that on-street parking options may not be available. Another required measure is that a property manager will be available 24-hours a day offering service for residents, including managing visitor parking spaces.
Another achievement is the likely protection of the large sugar maple at the southwest corner of the repurposed Sisters convent on des Oblats Avenue. Although there remains the need for two car-share spaces along des Oblats, the developer will examine whether it is possible to retain the tree. During discussions on the appeal, senior City staff agreed that the tree should be saved.
A number of residents had concerns about the impact of a public pathway between the western face of the development and the adjacent condominium. At the meeting, the developer outlined and committed in writing that a number of provisions in the Site Plan Agreement will ensure the pathway is safe from speeding cyclists with the erection of bollards at both ends and signage to alert cyclists that they must dismount. Lighting and cameras will also be used to ensure the safe use of the pathway.
Although Beaman was not successful in persuading the developer to re-locate or reduce the size of the roof-top amenity space, the developer says there will be “no windows on the westerly or northerly walls.” The developer also committed to “ensure that no one using the space can stand along its westerly or northerly edges, which significantly reduces privacy or overlook concerns with the Corners on Main building or landowners along Springhurst.”
Beaman filed the OLT appeal after conducting many weeks of research. While generally speaking, an OLT appeal requires costly efforts of municipal lawyers and professional planners with development expertise, Beaman, a lawyer who does not practice municipal law and filed her appeal as a private citizen, did the work herself. With the success noted above, she has now withdrawn the appeal.
Initially, Beaman found that the City of Ottawa was unwilling to discuss the appeal. Beaman believes that generally the City and a developer can be under a false impression that if no one comes forth with an appeal, it equates to a community having accepted any approved development. This is certainly a false assumption. In fact, in this case, numerous parties, including the Old Ottawa East Community Association (OOECA), strenuously opposed a number of the proposal’s provisions. OOECA subsequently filed its request to be a “Participant” of the appeal to lend support to Beaman, as did other individuals. Due to restrictions imposed, Participants were not able to accompany Beaman to the meeting. However, Beaman was appreciative of the developer`s efforts to meet in person, and Beaman could directly convey the continuing concerns of the community to the developer.
Staff with the OLT told Beaman that had the appeal not been filed, there would never have been the opportunity to discuss the objections. Beaman also believes that the meeting provided the opportunity for the developer to explain a more detailed vision of the development, and to demonstrate good faith and willingness to be a good neighbour.
In the next issue of The Mainstreeter, Adriana Beaman will provide her perspectives on the planning process of the City of Ottawa, and on her four month effort to mitigate impacts of the development on neighbours and the community.
