Report to/Rapport au :

 

Finance and Economic Development Committee

Comité des finances et du développement économique

 

1 March 2011 / 1 mars 2011

 

Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur municipal

 

Contact Person/Personne resource: Robin Souchen, Manager, Realty Services Branch,

Real Estate Partnerships and Development Office/Gestionnaire, Direction des services immobiliers, Bureau de partenaires immobiliers et du

Développement

(613) 580-2424 x 21549, Robin.Souchen@ottawa.ca

 

Gloucester-Southgate (10)

Ref N°: ACS2011-CMR-REP-0014

 

           

SUBJECT:

SALE OF LAND – 3009 HAWTHORNE ROAD

 

 

OBJET :

VENTE DE TERRAIN – 3009 CHEMIN HAWTHORNE

 

 

REPORT RECOMMENDATIONS

 

That the Finance and Economic Development Committee approve the following:

 

1.                  Declare the property known municipally as 3009 Hawthorne Road and described as part of Lot 1, Concession 6, Rideau Front and part of Old Russell Road closed, geographic Township of Gloucester, now in the City of Ottawa being Part 14, Plan 4R-11163 and Part 8 on Plan 5R-251, save and except Parts 15 and 16, Plan 4R-11163, containing an area of 0.444 ha (1.097 acres) and shown hatched on Document “1” attached, as surplus to the City’s needs;

 

2.                  Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required, to Riad El-Ghazal, for the amount of $342,000 plus HST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité des finances et du développement économique approuve les deux points suivants :

 

1.                  déclarer excédentaire au besoin de la Ville la propriété ayant pour adresse de voirie le 3009, chemin Hawthorne, décrite comme faisant partie du lot 1, concession 6, façade rivière Rideau, dans le canton géographique de Gloucester, maintenant dans la Ville d'Ottawa, partie 14 du plan 4R-11163 et partie 8 du plan 5R-251, sauf pour les parties 15 et 16, plan 4R-11163, comportant une superficie de 0,444 ha (1,097 acres) et représentée en hachuré dans le document « 1 » ci-joint;

 

2.                  approuver la vente de la propriété détaillée dans la recommandation 1, sous réserve de toute autre servitude éventuellement nécessaire, à Riad El-Ghazal, pour la somme de 342 000 $, TVH en sus, s’il y a lieu, en vertu d'une Entente d'achat et de vente qui a été reçue.

 

 

BACKGROUND

 

The subject property is located at the southeast corner of Russell Road and Hawthorne Road and is shown as Parcels A and B on Document ‘1’ attached.  Parcel A is part of old Russell Road created with the realignment of Russell Road and Parcel B is part of a larger parcel acquired by the Region of Ottawa-Carleton in 1992 for the realignment of Russell Road and is surplus to the road project.

 

The property being recommended for sale, contains an area of 0.444 ha (1.097 acres).  It is legally described as part of Lot 1, Concession 6, Rideau Front and part of old Russell Road closed, geographic Township of Cumberland, being Part 14, Plan 4R-11163 and Part 8 on Plan 5R-251, saving and excepting Parts 15 & 16, Plan 4R-11163.  An internal circulation determined that the property was surplus to the requirements of the City.

 

The current zoning is IL – Light Industrial (Section 203-204) which allows for a wide variety of light industrial uses.  The purchaser is proposing to construct a small industrial use mall.  This use conforms to the current zoning and no rezoning is contemplated. 

 

 

DISCUSSION

 

The property was advertised for sale to the public on January 4th, 2011.  Advertisement included the City website, a “For Sale” sign on the property and an advertisement in the Citizen and Le Droit newspapers.

 

In response to this advertisement only one offer was received.  The purchaser’s original offer was in the amount of $250,000 and was unacceptable.  Negotiations and counter offers between the purchaser and staff resulted in the purchaser accepting the City’s final counter offer in the amount of $342,000.   

 

Given that the shape of the property and the proximity to high voltage hydro wires makes development of this property difficult, the offer is considered fair and reasonable and is recommended for approval.

 

An appraisal confirms the recommended sale price to be consistent with current market values for comparable lands in the area.

 

 

ENVIRONMENTAL IMPLICATIONS

 

The Land Use and Natural Systems unit does not object to the proposed sale.  The subject property does not contain any known feature of the City’s natural heritage system, nor is it located within 120 m of any such feature. 

 

The City’s 2008 aerial photography and Google Streetview were used to determine the likelihood of habitat for species at risk, such as the bobolink, to occur on the property.  Although the property does consist of some open grassland, which is the preferred habitat for bobolink, these areas appear too small to support successful breeding.  Should any bobolink be found on the property, however, then the bird(s) and their habitat would be subject to protection under the regulations of the Endangered Species Act 2007.

 

The aerial photography and Google Streetview suggest that there are some small to mid-sized trees on and adjacent to the property.  The property lies within the urban boundary and is subject to the Urban Tree Conservation By-law 2009-200; however, because the property is less than 1 ha in size, only the removal of trees with a diameter at breast height of 50 cm or more would require a permit (under the distinctive tree provisions of the By-law).  Any butternut tree on or adjacent to the property would be subject to protection under the regulations of the Endangered Species Act 2007.  Under Section 4.7.2 of the Official Plan, a Tree Conservation Report is required when a Site Plan Control Application, Plan of Subdivision, Common Elements Condominium Application, or a Vacant Land Condominium Application is proposed.  Any distinctive trees or butternuts should be addressed in the Tree Conservation Report, in accordance with the guidelines established in Schedule “A” of the City’s By-law.

 

 

RURAL IMPLICATIONS

 

N/A

 

 

CONSULTATION

 

In accordance with policies approved by City Council on 14 November 2001, the availability of the property was circulated to all City Departments, including the Housing Branch, Infrastructure Services and Community Sustainability and City Operations as well as the Ward Councillor, to determine if the property was required for a City mandated program. No objections were received to the sale of this property.  The Environmental Sustainability Division of Infrastructure Services and Community Sustainability Department was consulted with respect to the Greenspace Master Plan and their comments are indicated under the Environmental Implications section of this report. 

 

Councillor Deans was also consulted with respect to this report and her comments are indicated under Comments by Ward Councillor section below.

 

An external circulation consisting of school boards, other levels of government as well as the utility companies was also undertaken.  No interest was expressed by any of the external agencies in purchasing this property nor was any requirement for the retention of an easement indicated.

 

The following Advisory Committees have been circulated:

 

Local Architectural Conservation Advisory Committee (LACAC)

Ottawa Forests and Greenspace Advisory Committee (OFGAC)

Environmental Advisory Committee (EAC)

Parks and Recreation Advisory Committee (PRAC)

Roads and Cycling Advisory Committee (RCAC)

Rural Issues Advisory Committee (RIAC)

Pedestrian and Transit Advisory Committee (PTAC)                                                     

 

No concerns were expressed with respect to the sale of the subject property by any of the Advisory Committees.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

Gloucester-Southgate (Ward 10) - Councillor Deans is aware of this land sale.

 

 

HOUSING FIRST POLICY

 

The Official Plan policy directs that the City make land available for affordable housing and give priority for the sale or lease of surplus City-owned property for this purpose. 

 

The Housing First Policy, approved by Council on 13 July 2005, establishes priority consideration to the Housing Services Branch in the identification of potentially surplus City-owned property to be used in achieving the City’s affordable housing program targets.  The policy also requires that the Official Plan target of 25% affordable housing, be met on any City-owned property sold for residential development.  Where viable residential properties are disposed of without a condition requiring an affordable housing component, 25% of the proceeds from the sale are to be credited to a housing fund to be used for the development of affordable housing elsewhere in the City.

 

The subject property is not zoned residential and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management impediments to implementing any of the Recommendations arising from this Report.

 

 

CITY STRATEGIC PLAN

 

N/A

 

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

Revenue generated from this transaction will be credited to the Sale of Surplus Land account.

 

 

SUPPORTING DOCUMENTATION

 

Attached, as Document ‘1’, is a sketch showing the subject property.

 

 

DISPOSITION

 

Following approval, Realty Services and Legal Services Branches will complete the sale transaction in accordance with the Agreement of Purchase and Sale.

 

 


 

Document ‘1’