A presentation to the Cobourg Town Council by Northumberland Common Elements Condominium Corporation #84 (NCECC84) Directors, Anne Rawson & Peter Richards, on behalf of the owners of townhouses 851 to 881 Kerr St. concerning a lay-by for short-term accessibility parking December 2017
Good Evening Your Worship, Councillors and Town Staff, I would like to begin by thanking you for the time and effort you have invested to date in helping to find a solution to the Kerr Street parking issue. We have reviewed the November 22, 2017 Staff Report from Public Works and understand it is under consideration by Council. To assist Council in their deliberations, we felt it imperative to address several areas that were not covered by this report. Once again, the photo below shows our townhouses built by Vandyk West Park Inc.in 2013/4. They are located on the south side of the west portion of Kerr St., in West Park Village, Phase 4D, east of New Amherst. The majority of owners are retired seniors, several with significant health issues.
Recommendation of Staff Report: The Staff Report outlines options for lay-by parking on Kerr Street to meet the needs for visitor parking. We concur with a need for visitor parking. Given the down-line plan for Kerr Street to become a 4-lane arterial route with no on-street parking, lay-by parking is the most appropriate solution. The developer has already installed lay-bys on Wilkins Gate, just north of Kerr Street. Wilkins Gate has been designated as a bike route with no on-street parking, as well. There are 19 townhomes and the new lay-by can accommodate 11 cars. The Staff Report suggests two lay-by options for Kerr Street. The most cost-effective and workable option is to leave the existing sidewalks in place and cut-in the appropriate lay-by. Although this would result in a narrower grass boulevard between the curb and sidewalk, the streetscape would look more natural and appropriate than if the sidewalk was moved. Since residents are required by law to keep the sidewalks in front of their property cleared of snow, we see no problem with snow removal or snow storage with a narrower boulevard.
The More Critical Reason Why Lay-bys are Imperative on Kerr Street: Visitor parking is important but accessibility to one's home is even more important. Buyers entered into an agreement with the developer to purchase a single level townhome, pre-construction, sight unseen. It was not until inspection that most discovered that the rear elevation of their properties would necessitated 8-10 steps down to reach ground level. Most had already sold homes or left jobs and were in the process of moving. As per the buyer's Purchase and Sale Agreement, the developer is not responsible for advising buyers of changes in grading that might affect their homes. In our case, Vandyk did NOT make us aware of the drastic implications that would virtually render our townhomes inaccessible from the rear for anyone with mobility issues. The garage level is well below the living level so climbing 10 narrow steps to the main level is not an acceptable option.
Background: The majority of Kerr Street buyers purchased their homes before July 2012. They researched the area carefully by reviewing the Official Plan 2010, particularly Section 13 relating to the New Amhurst development. Buyers were aware that Kerr Street might eventually be increased to 4 lanes. Collector Roads Collector Roads shall have two traffic lanes (3.5 metres per lane) with the exception that Lovshin and Kerr Streets may be increased to four lanes if deemed necessary by the Town based upon traffic volumes. Collector Roads are primarily intended to function as connecting road links from Highway 2 and other local roads within the New Amherst Planning Area. Collector roads shall provide direct access to abutting properties. The design right-of-way width shall generally vary from 20 to 26 metres within a maximum 30 metres, if required, to accommodate a central median. The following are identified as Collector Roads: Lovshin Street between Highway 2 and the Kerr Street Extension New Amherst Parkway from Highway 2 and Lovshin Street Kerr Street between Rogers Road and Lovshin Street. However, in none of the following official documents: the 2010 Official Plan, 2011 Master Transportation Plan, 2012 Subdivision Agreement or Buyers Purchase and Sale Agreement, was it indicated there would be no on-street parking on Kerr Street. It was only with the bylaw amendment 086-2016, tabled on November 21, 2016 and subsequent no-parking sign erection and ticketing of cars on the street, that residents became aware of the new no parking Kerr Street status. When the rear accessibility issue of our townhomes was coupled with this new parking by-law prohibiting on-street parking on Kerr Street, we realized there was a serious problem. Not only would short-term access to our homes be denied but no parking and no stopping on Kerr St. also meant no deliveries (household items, trades services, groceries, medical supplies etc.) via our front entrances. Rear-lane parking is very limited. Additionally, any delivery vehicle larger than a standard pickup truck or van cannot navigate the sharp curve and narrow 3 m. (10 ft.) rear lane without driving on owners' property.
Responsibility for Installing Lay-bys on Kerr Street: As mentioned earlier in this presentation, the photo below shows some of the townhomes built by Vandyk in 2016/7 on Wilkins Gate. They are the same models as those on Kerr St. with one significant difference - parking lay-bys! As mentioned earlier, two lay-bys have been installed that provide about 11 vehicle spaces for the 19 units with front entrances facing Wilkins Gate.
The West Park Subdivision Agreement ND79389 was approved and agreed to in 2012. Townhouses on Kerr St. and Wilkins Gate are included as Phase 40. On page 21 the Subdivision Agreement states: (z) The Owner actalowledges and al-frees that on-street parking, within the Subdivision Lands will he reetulated by the Municipal Engineer, and that the Nilunicipal Engineer reserves its right to impose any on-street parking restrictions it deems necessary based on good engineering principles and standards at its sole and absolute disci-etion. In particular; there shall be no on-sirect parking permitted on Wilkins Gate, which is a dcsipated bike The intended no on-street parking/stopping and bike route plans for Kerr St. should also have been known by the developer at this time, as they were addressed in the 2010 Official Plan and the 2011 Transportation Master Plan. Obviously, the front entrance accessibility requirements on Wilkins Gate were recognized by someone and appropriate action was invoked. A developer would not install lay-bys unless required to do so. Since the Subdivision Agreement encompasses Kerr St. as well as Wilkins Gate townhomes, and the no on-street parking provisions are the same, the developer should be held responsible for installing lay-bys on Kerr Street. Furthermore, in the absence of rear accessibility to the Kerr Street townhomes, lay-bys are fundamentally necessary for front access if needed.
In Closing: Accessibility is unquestionably required for the townhomes on Kerr Street. Fortunately, there is sufficient room available to accomplish this as well as visitor parking by installing a lay-by. Public Works has suggested an option that does not involve moving the sidewalk and is sensible and cost effective. In order to meet municipal standards and best practices, the developer must be held responsible for installing the lay-by which should have been done initially. ft it, NIL When making your final deliberations regarding Kerr Street Parking, we would also ask that it be included that residents may continue to park on Kerr Street until such time as the lay-bys are completed regardless of whether the Town has assumed the road or not.