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

 

Innes (2)

Ref N°: ACS2007-BTS-RPM-0022

 

 

SUBJECT:

SALE OF LAND – PART OF innes road
adjacent to 3843 innes road

 

 

OBJET :

vente de terrain – PARTIE DU CHEMIN INNES
ADJACENTE AU 3843, 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.

 

 

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, 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:

 

  1. Notice of the proposed closing shall be given in accordance with By-law No. 2002-522;

 

  1. A conveyance of a closed road shall be at current market value in accordance with By-law No. 2002-38.

 

  1. 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;

 

  1. 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(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;

 

  1. 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;

 

  1. 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 completed pursuant to an Agreement of Purchase and Sale.

 

Special Conditions

 

  1. The applicant/purchaser shall be required to demonstrate that the closed portion of the road will be merged with the adjacent private property at 3843 Innes Road.

 

  1. The applicant/purchaser shall grant to the City of Ottawa, Bell, Hydro One and any other utility, as needed a blanket easement for the appropriate facility.  This shall be at no cost to the City or any other utility.

 

  1. Despite Condition #2, the applicant/purchaser may choose to petition Corporate Services and Economic Development Committee and Council for exemption to paying current market value pursuant to By-law No. 2002-38.

 

 

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.

 

 

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.

 

 

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