6. SALE OF LAND - PART OF innes road adjacent to 3843 innes road vente de terrain - PARTIE DU CHEMIN INNES ADJACENTE AU 3843, CHEMIN INNES |
Committee Recommendations as amended
That Council:
1. Declare a parcel of
land shown hatched on Annex “A” attached, containing approximately 155.6 m2
(1674.9 square feet), described as being part of Innes Road, Part of Lot
27, Registered Plan 905, 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 an easement to
the City for an existing catch basin and drainage ditch and any other easements
that may be required, to Helene Brault, for the amount of $1 plus the cost
of the City’s appraisal in the amount of $425.00 plus $1,000 for administrative
costs for a total of $1,426.00.
Recommandations modifiées du comité
Que le Conseil :
1. Déclare excédentaire
aux besoins de la Ville une parcelle de terrain, illustrée par la partie hachurée
de l’Annexe « A » ci-jointe, d’une superficie d’environ 115,6 m2
(1674,9 pieds carrés), décrite comme faisant partie du chemin Innes, une partie
du lot 27, Plan enregistré 905, dans la ville d’Ottawa, sous réserve de la
fermeture de la rue par règlement;
2. Approuve la vente du
terrain décrit en détail dans la Recommandation 1, sous réserve de toute
servitude de bassin collecteur et de tranchée de drainage en faveur de la
Ville, à Helene Brault, pour la somme de 1 $, plus le coût de
l’évaluation de la Ville de 425 $, ainsi que les frais administratifs de
1 000 $, ce qui donne un montant total de 1 426 $.
Documentation
1. Executive Director's report (Business
Transformation Services) dated 27 August 2007 (ACS2007-BTS-RPM-0022).
2. Extract of Draft Minute, 4 September
2007.
Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
27 August 2007/ le 27 août 2007
Submitted by/Soumis par : Stephen Finnamore,
Executive Director, Business Transformation Services/ Directeur exécutif, Service transformation
activités
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: |
SALE OF LAND – PART OF innes
road |
|
|
OBJET : |
vente
de terrain – PARTIE DU CHEMIN INNES |
REPORT RECOMMENDATIONS
That the Corporate Services
and Economic Development Committee recommend Council:
1. Declare
a parcel of land shown hatched on Annex “A” attached, containing approximately
155.6 m2 (1674.9 square feet), described as being part of Innes
Road, Part of Lot 27, Registered Plan 905, in the City of Ottawa, subject to
the road being stopped up and closed by by-law, as surplus to the City’s needs;
and
2.
Approve the sale
of the land detailed in Recommendation 1, subject to an easement to the City
for an existing catch basin and drainage ditch and any other easements that may
be required, to Helene Brault, for the amount of $15,200 plus GST, pursuant to
an Agreement of Purchase and Sale that has been received.
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,
illustrée par la partie hachurée de l’Annexe « A » ci-jointe, d’une
superficie d’environ 115,6 m2 (1674,9 pieds carrés), décrite comme
faisant partie du chemin Innes, une partie du lot 27, Plan enregistré 905, dans
la ville d’Ottawa, sous réserve de la fermeture de la rue par règlement; et
2.
D’approuver
la vente du terrain décrit en détail dans la Recommandation 1, sous réserve de
toute servitude de bassin collecteur et de tranchée de drainage en faveur de la
Ville, à Helene Brault, pour la somme de 15 200 $, TPS en sus,
conformément à la convention d’achat-vente reçue.
BACKGROUND
The subject property is part of Innes Road, Registered
Plan 905 and is located on the north side of Innes west of Belcourt Boulevard
and is identified as Part 1 on Plan 5R-6751.
The road allowance to be closed contains a total area of approximately
155.6 square metres.
This portion of Innes Road is not travelled and is not
maintained by the City. The subject property is located in front of the
property known municipally as 3843 Innes Road, owned by the purchaser.
The acquisition of this property will allow the development of the site with a stronger relationship with the street. This is consistent with the City’s design objectives for Innes Road.
Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended approved the closure of the portion of Innes Road in front of 3843 Innes, subject to the following conditions:
(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(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;
(iii)
A
binding Agreement of Purchase and Sale shall have been entered into by the City
and the applicant/purchaser(s) for the closing road;
DISCUSSION
The subject land was conveyed by the purchaser to the Region in the 1980’s for the future widening of Innes Road for $1.00 as condition of severance. The severance allowed for the creation of two lots. The reconstruction and widening of Innes Road has now been completed and the widening acquired through this severance is no longer required.
The intended use of the subject property by the purchaser is consolidation with the abutting property for development purposes. The current zoning is Rd1 (Residential), however the purchaser is proposing to apply for a re-zoning to allow for a mixed-use commercial development.
The purchaser has executed an Agreement of Purchase and Sale to purchase the subject portion of Innes Road in the amount of $15,625. The purchase price includes the cost of the City’s appraisal in the amount of $425.00. However, it should be noted that the purchaser believes that the land should be conveyed for $1.00 since it was originally conveyed to the City for $1.00 as a condition of severance.
The road allowance to be acquired
which is shown hatched on the attached Annex “A”, is described as part of Lot
27, Registered Plan 905 being part of Innes Road and further described as Part
1, Plan 5R-6751. The agreement is subject to the conditions of the road closing
approval and any easements that may be required.
The recommended sale price of $15,200 is within the market value range, established by an independent appraisal, which is based on a proposed zoning of mixed-use commercial zoning. As part of the conditions of the road closing, the applicant/purchaser is to pay the cost of the City’s appraisal and the amount of $425.00 has been included in the Agreement of Purchase and Sale for a total price of $15,625. The sale price is considered fair and reasonable and is recommended for acceptance.
ENVIRONMENTAL IMPLICATIONS
The
Environmental Sustainability Division of Planning, Transit and the Environment
Department have confirmed that there are no natural environmental implications
with the sale of the road allowance.
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, other than the retention of the required easements.
The utility companies were also circulated and no interest was expressed in the retention of an easement.
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 portion of Innes Road to the abutting owner.
The ward Councillor is aware of the intent to dispose of this property and is in support of the sale of the road allowance to the abutting owners.
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.
FINANCIAL IMPLICATIONS
This transaction represents revenue of $15,200 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
SALE OF LAND - PART OF innes road
adjacent to 3843 innes road
vente de terrain - PARTIE DU CHEMIN INNES
ADJACENTE AU 3843, CHEMIN INNES
ACS2007-BTS-RPM-0022 Innes (2)
Moved by Councillor R. Bloess
WHEREAS the
subject land at 3843 Innes Road was initially conveyed by the purchaser to the
Region for the future widening of Innes Road for $1.00 as condition of
severance;
AND WHEREAS
the subject land is no longer required and has been declared surplus to the
City’s needs;
AND WHEREAS
the property owner at the time of conveyance, Helene Brault, wishes to
reacquire the property;
AND WHEREAS
the property owner has incurred costs of $5,688.00 for the road closing
application and $500.00 for consulting fees plus impending legal fees for the
land transfer and land transfer taxes;
BE IT
THEREFORE RESOLVED THAT the subject land be sold back to the property owner,
Helene Brault, for $1.00 plus the cost of the City’s appraisal in the amount of
$425.00 plus $1,000 for administrative costs for a total of $1,426.00.
CARRIED
Responding to questions from Mayor O’Brien, Councillor Bloess confirmed the background with respect to this parcel of land, as outlined in the staff report.
Committee then voted on the item as amended.
That the
Corporate Services and Economic Development Committee recommend Council:
1. Declare a
parcel of land shown hatched on Annex “A” attached, containing approximately
155.6 m2 (1674.9 square feet), described as being part of Innes
Road, Part of Lot 27, Registered Plan 905, 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 an easement to
the City for an existing catch basin and drainage ditch and any other easements
that may be required, to Helene Brault, for the amount of $1 plus the cost
of the City’s appraisal in the amount of $425.00 plus $1,000 for administrative
costs for a total of $1,426.00.
CARRIED
as amended