7.       SALE OF LAND -
PART OF innes road adjacent to 4275-4279 innes road

 

vente de terrain -
PARTIE DU CHEMIN INNES ADJACENTE AU 4275-4279, CHEMIN INNES

 

 

Committee Recommendations

 

That Council:

 

1.         Declare a parcel of land shown hatched on Annex “A” attached, containing an area of 1103.9m2, described as part of Lot A, part of Lot 1 and part of the Road Allowance between Lots A and 1, Concession 11, geographic Township of Cumberland, now City of Ottawa, as surplus to the City’s needs; and

 

2.         Approve the sale of the land described in Recommendation 1 subject to easements that may be required to 2107851 Ontario Inc. for $100,000 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

Recommandations du comité

 

Que le Comité des services organisationnels et du développement économique recommande au Conseil :

 

1.         Déclare une parcelle de terrain d’une surface de 1103,9 m2, décrite comme faisant partie du lot A, du lot 1 et de l’emprise routière entre les lots A et 1, concession 11, canton géographique de Cumberland, maintenant Ville d’Ottawa, et illustrée par la partie hachurée de l’Annexe « A » ci-jointe, excédentaire aux besoins de la Ville; et

 

2.         Approuve la vente du terrain décrit dans la Recommandation 1, sous réserve de toute servitude requise, à 2107851 Ontario Inc. pour la somme de 100 000 $,  TPS en sus, conformément à une convention d’achat et de vente qui a été reçue.

 

 

 

 

Documentation

 

1.   Executive Director's report (Business Transformation Services) dated 27 August 2007 (ACS2007-BTS-RPM-0030).

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

 

Cumberland (19)

Ref N°: ACS2007-BTS- RPM-0030

 

 

SUBJECT:

SALE OF LAND – PART OF innes road
adjacent to 4275-4279 innes road

 

 

OBJET :

vente de terrain – PARTIE DU CHEMIN INNES
ADJACENTE AU 4275-4279, 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 an area of 1103.9m2, described as part of Lot A, part of Lot 1 and part of the Road Allowance between Lots A and 1, Concession 11, geographic Township of Cumberland, now City of Ottawa, as surplus to the City’s needs; and

 

2.      Approve the sale of the land described in Recommendation 1 subject to easements that may be required to 2107851 Ontario Inc. for $100,000 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 une parcelle de terrain d’une surface de 1103,9 m2, décrite comme faisant partie du lot A, du lot 1 et de l’emprise routière entre les lots A et 1, concession 11, canton géographique de Cumberland, maintenant Ville d’Ottawa, et illustrée par la partie hachurée de l’Annexe « A » ci-jointe, excédentaire aux besoins de la Ville; et

 

2.      D’approuver la vente du terrain décrit dans la Recommandation 1, sous réserve de toute servitude requise, à 2107851 Ontario Inc. pour la somme de 100 000 $,  TPS en sus, conformément à une convention d’achat et de vente qui a été reçue.

 

 

BACKGROUND

 

The subject property is part of the Innes Road right-of-way and is located on the north side of Innes, midway between Jeanne D’arc Boulevard and 10th Line Road.  It is identified as Part 1 on a draft plan of survey prepared by Annis O’Sullivan Vollebekk, and is shown in hatching on the attached Annex “A”.  The road allowance to be closed contains a total area of approximately 1103.9 square metres.

 

The abutting property at 4275-4279 Innes Road was recently purchased by 2107851 Ontario Inc. It was the purchaser’s intent to redevelop the property with a 19,000 square foot office building to be operated as a medical/dental clinic and day care centre.  In order to accommodate a 19,000 square foot building while complying with the zoning Floor Area Ratio of 50%, it was necessary for 2107851 Ontario Inc. to acquire additional lands.  As a means to acquire additional lands, 2107851 Ontario Inc submitted an application to close a portion of the Innes Road right-of-way with a view to purchasing the closed portion abutting 4275-4279 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 4275-4279 Innes Road, 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. Prior to the enactment of the by-law (if the City is selling the closed road):

 

(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(s) shall be required to demonstrate that the closed portion of the road will be merged with the adjacent private property.  Only those sections of the unused road allowance between Innes Road and those properties fronting on Innes are to be closed;

 

  1. The road closing by-law may encompass all or part of the subject lands, as long as the required street frontage corresponds with the entire frontage of the abutting lot;

 

  1. The lands adjacent to 221, 223 and 225 Park Grove Drive do not form part of this approval;

 

  1. The applicant/purchaser(s) 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;

 

  1. The applicant/purchaser(s) shall be required to demonstrate on the draft reference plan that the width of Innes Road complies with the requirements identified in the Official Plan;

 

  1. The applicant/purchaser(s) acknowledges that any redevelopment of the site is to respect the Innes Road Design Guidelines.

 

 

DISCUSSION

 

An agreement has been reached with 2107851 Ontario Inc., the abutting property owner, to purchase the closed portion of Innes Road for $100,000 plus GST.  Since a Hydro One overhead pole line, a Bell Telephone underground cable, a water main, and storm and sanitary sewers encumber the subject property, any conveyance will be subject to blanket easements to protect these utilities.  As a condition of sale, the purchaser will be required to provide a reference plan to describe the lands to be sold.

 

The abutting property at 4275-4279 Innes Road contains an area of approximately 30,000 square feet.  There is an older structure situated on the site, which is slated to be demolished and replaced with a 19,000 square foot commercial office building.  The new building is to be operated as a medical/dental clinic and daycare.

 

The abutting property is zoned R1A [RAU] Block “B”-X1 and X2.  The R1A is a Residential – First Density Singles zone.  The [RAU] symbol indicates that medical/dental office is an alternate permitted use.  An amendment to this zoning is not anticipated.

 

City policy requires the sale of property to be on the basis of market value.  An appraisal on file confirms the recommended sale price for the closed road to be consistent with current market values for comparable lands in the area.

 

The offer is considered fair and reasonable and is recommended for acceptance

 

 

ENVIRONMENTAL IMPLICATIONS

 

The subject property does not contain natural environment lands and has not been identified in either of the Greenspace Master Plan (August 2006) or the Urban Natural Areas Environmental Evaluation Study (March 2006).  Environmental impacts are not anticipated as a result of this decision.

 

 

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 and Growth Management, to determine if the parcel should be retained for a City mandated program.  The Environmental Sustainability Division of the Planning and Growth Management 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 no requirements were 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)

Pedestrian and Transit Advisory Committee (PTAC)

Rural Issues Advisory Committee (RIAC)

 

The ward Councillor has been made aware of the intent to dispose of the subject property through the circulation process and by subsequent notification.

 

 

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 $100,000 to the Corporation, which will be credited to the Sale of Surplus Lands Account.

 

 

SUPPORTING DOCUMENTATION

 

Attached, as Annex "A" is a sketch showing the subject portion of Innes Road that has been approved for closure.

 

 

DISPOSITION

 

Following approval, Real Estate Services and Legal Services will finalize the Agreement of Purchase and Sale.

ANNEX A