Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
22 January 2007/ le 22 janvier 2007
Submitted by/Soumis par : Greg Geddes, Chief Corporate Services Officer/
Contact
Person/Personne ressource : Gordon MacNair, Manager, Real Estate Services
Real Property Asset Management/Gestion des
actifs des biens immobiliers
(613) 580-2424 x 21217,
Gordon.MacNair@ottawa.ca
|
SUBJECT: |
|
|
|
|
|
OBJET : |
REPORT RECOMMENDATIONS
That the Corporate Services
and Economic Development Committee recommend Council:
1. Declare a vacant parcel of
land shown hatched on Annex “A” attached, containing approximately 3,650 m2 (0.901 acres), described as being part of
Solandt Road and part of Block 32 and all of Block 42, Registered Plan 4M-280
being Parts 2,3,4,5 and 6, Plan 4R-21488, in the City of Ottawa, subject to the
road being stopped up and closed by by-law, as surplus to the City’s needs;
2. Approve the sale of the
land detailed in Recommendation 1, subject to any easements that may be
required, to Kanata Research Park Corporation, for the amount of $124,025 plus
GST and appraisal costs of $500, pursuant to an Agreement of Purchase and Sale
that has been received.
RECOMMANDATIONS DU
RAPPORT
Que le Comité des services organisationnels et
du développement économique recommande au Conseil :
1. de déclarer excédentaire aux besoins
de la Ville une parcelle de terrain vacant, indiquée en hachuré dans
l’Annexe A ci-jointe, d’une surface approximative de 3 650 m2
(0,901 acre), décrite comme faisant partie du chemin Solandt et d’une partie du
bloc 32 et de tout le bloc 42, Plan enregistré 4M-280 représentant les parties
2, 3, 4, 5 et 6, Plan 4R-21488, dans la Ville d’Ottawa, sous réserve de la
fermeture de la rue par règlement municipal;
2. d’approuver la vente du terrain décrit en
détail dans la recommandation 1, sous réserve de toute servitude requise, à
Kanata Research Park Corporation pour la somme de 124 025 $, TPS et coûts
d’évaluation en sus, conformément à la convention d’achat-vente reçue.
BACKGROUND
The subject property forms part of the existing untravelled portion of the right-of-way for Solandt Road. The property is located between 2500 and 2505 Solandt Road owned by the purchaser and extends from the eastern limit of the open road allowance to the boundary of the Marshes Golf Course. There is no requirement to retain this untravelled portion of Solandt Road as the Marshes Golf Course has been fully developed and there is no intention to extend Solandt through the golf course lands.
As a result of our circulation process it was indicated that current and future infrastructure requires protection and as a result, the sale is conditional upon the purchaser granting an easement to Hydro Ottawa. It was also indicated that the City may require an easement for a future watermain that would cross the subject property as well as the Marches Golf Course to connect to the watermain in Terry Fox Drive. As the exact location is not known at this time, a covenant will be included in the transfer documents requiring the dedication of an easement, satisfactory to the City for the watermain where and if required. The road to be closed by by-law together with part of Block 32 and Block 42, Plan 4M-280 contains a total area of 3,650 m2.
The application submitted to the Planning, Transit and the Environment Department to close the portion of the road allowance, has been approved by the Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended, subject to the following conditions:
- Notice
of the proposed closing shall be given in accordance with By-law No.
2002-522.
- A
conveyance of the closed road shall be at current market value in
accordance with By-law 2002-38.
- The
applicant/purchaser(s) will be responsible for all costs of the road
closing and sale including the application fee (which includes the cost of
advertising/giving notice), survey/reference plan, appraisal (if any),
removal of encumbrances (if any), registration of documents, land transfer
tax and GST if applicable.
- That
prior to the enactment of the closing by-law, the applicant shall provide
the following material to the satisfaction of the City Solicitor:
(i)
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 Surveyor;
(ii)
The
applicant/purchaser 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;
(iii)
A
binding Agreement of Purchase and Sale shall have been entered into by the City
and the applicant/purchaser for the closing road.
- Should
the conditions of Paragraph 4 above not be fulfilled within one (1) year
of the date of approval of the road closing application, the approval of
the road closing application shall be null and void.
- The Municipal
Act provides that the closing by-law enacted by City Council does not
take effect until registered on title.
If the City is selling the closed road, the by-law will not be
registered on title until such time as the conveyance of the closed road,
is to be completed pursuant to an Agreement of Purchase and Sale.
SPECIAL ROAD CLOSING APPROVAL CONDITIONS
- The
road allowance shall be purchased by Kanata Research Park Corporation
which will merge the title for the road allowance with the title for Part
2 on Plan 4R-16597, currently located between the right-of-way and 2500
Solandt Road and with Block 12, Plan 4M-1096.
- The
Region of Ottawa-Carleton subdivision agreement for 4M-1096 contains a
provision for the extension of the watermain to the end of the
right-of-way and across the Marshes Golf Course to connect to the
watermain in Terry Fox Drive. As
the exact location of the possible watermain could vary, covenants should
be included in the deed requiring the future dedication of an easement,
satisfactory to the City for the watermain where and if required.
- The
applicant shall provide an easement for the underground Hydro Ottawa Plan
from where the road presently ends, to the Marshes Golf Course.
- All costs
for relocating any existing Hydro Ottawa plant affected by this proposal
will be the responsibility of the party requesting the relocation.
- Hydro
Ottawa has an underground plant along the east side of Solandt
right-of-way, i.e., east side of Solandt Road then northeast of the
cul-de-sac. All underground plants
must be located on-site prior to any excavation within 1.5 meters of
either side of the plant centerline.
It is the applicant’s responsibility to ensure that the underground
plant is located around the work area.
DISCUSSION
An
agreement has been reached with Kanata Research Corporation the abutting owner,
to purchase the subject property. The
lands to be acquired are shown hatched on the attached Annex “A” and are
described as part of Solandt Road, Part of Block 32 and all of Block 42,
Registered Plan 4M-280, more particularly described as Parts 2, 3, 4, 5 and 6,
Plan 4R-21488. The agreement is subject
to the conditions of the road closing approval and any easements that may be
required.
2500 Solandt Road is currently being used as a call centre having three 8-hour shifts. Given the number of employees the call centre employs, the purchaser is planning to expand the existing parking lot at 2500 Solandt Road and will establish a parking lot at 2505 Solandt Road which is currently a vacant parcel of land. In order to facilitate traffic movement into and out of the two parking lots, part of the property being purchased will be used as a turning circle to facilitate this movement. The use is consistent with the current zoning. Rezoning is not being contemplated.
The sale price of the road allowances is $124,025 and is within the market value range, established by an independent appraisal.
The offer is considered fair and reasonable and is recommended for acceptance.
ENVIRONMENTAL IMPLICATIONS
The Environmental Sustainability Division of
Planning, Transit and the Environment Department has confirmed that there are
no environmental implications with the sale of the road allowance.
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 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 is a non-viable property and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.
CONSULTATION
In accordance with policies approved by City Council on 14 November 2001, the availability of the property was circulated to all client City Departments, including the Housing Branch, Public Works and Services and Planning, Transit and the Environment, to determine if the road allowance should be retained for a City mandated program. The Environmental Management Group of the Planning, Transit and the Environment Department was consulted with respect to the Greenspace Master Plan and their comments are indicated under the Environmental Implications section of this report. Neither the Housing Branch nor any other City Department expressed interest in retaining the property.
The utility companies were also circulated and as indicated above, the sale will be subject to an easement in favour of Hydro Ottawa.
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)
No concerns were expressed with respect to the sale of the subject road allowance to the abutting owner.
The ward Councillor has been made aware of the intent to dispose of the subject road.
FINANCIAL IMPLICATIONS
This transaction represents revenue of $124,025 to the Corporation and will be credited to the City’s Sale of Surplus Land Account.
SUPPORTING DOCUMENTATION
Attached as Annex "A" is a sketch showing the surplus property.
DISPOSITION
Following Council’s approval, Real Property Asset Management and Legal Services Branches will finalize the transaction.
ANNEX A
