3.       SALE OF LAND - PART OF First line road -
Adjacent to 5306 fernbank road

 

vente de terrain - PARTie du chemin First line -
Adjacente au 5306, chemin fernbank


 

 

Committee Recommendations

 

That Council:

 

1.         Declare the land shown as Parcels 1, 2, 3, 4 and 5 on Annex A attached, containing approximately 16715.2 m2 (4.13 acres), described as part of First Line Road being part of the road allowance between Lots 30 and 31, Concession 9, geographic Township of Goulbourn, in the City of Ottawa, subject to the road being stopped up and closed by by-law, as surplus to the Citys needs; and

 

2.         Approve the sale of the land identified as Parcel 1 in Recommendation 1, containing an area of approximately 1166.1 m2 (0.288 acres), subject to any easements that may be required, to Stephen Armstrong and Shelaugh Armstrong, for the amount of $21,600 plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

Recommandations du comité

 

Que le Conseil :

 

1.         Déclare excédentaire pour les besoins de la Ville les terrains illustrés comme parcelles 1, 2, 3, 4 et 5 à l’annexe « A » ci-jointe, d’une superficie d’environ 116715.2- m2 (4.13 acres), décrits comme faisant partie du chemin First Line, tronçon d’emprise situé entre les lots 30 et 31, concession 9, canton géographique de Goulbourn à Ottawa, sous réserve de la fermeture du chemin par voie de règlement municipal; et

 

2.         Approuve la vente du terrain décrit comme parcelle 1 à la recommandation 1, d’une superficie d’environ 1166.1 m2 (0.288 acres), sous réserve de toutes servitudes nécessaires, à Stephen Armstrong et Shelaugh Armstrong, pour la somme de 21 600 $ plus TPS, conformément à une convention d'achat et de vente déjà conclue.

 

 

Documentation

 

1.   Executive Director's report (Business Transformation Services) dated 2 October 2007 (ACS2007-BTS-RPM-0032).


Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

02 October 2007 / le 02 octobre 2007

 

Submitted by/Soumis par : Stephen A. Finnamore, Executive Director, Business Transformation Services / Directeur exécutif, Services de transformation des 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

 

Kanata-South (23)

Ref N°: ACS2007-BTS-RPM-0032

 

 

SUBJECT:

SALE OF LAND – PART OF First line road –
Adjacent to 5306 fernbank road

 

 

OBJET :

vente de terrain – PARTie du chemin First line – Adjacente au 5306, chemin fernbank

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.      Declare the land shown as Parcels 1, 2, 3, 4 and 5 on Annex “A” attached, containing approximately 16715.2 m2 (4.13 acres), described as part of First Line Road being part of the road allowance between Lots 30 and 31, Concession 9, geographic Township of Goulbourn, 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 identified as Parcel 1 in Recommendation 1, containing an area of approximately 1166.1 m2 (0.288 acres), subject to any easements that may be required, to Stephen Armstrong and Shelaugh Armstrong, for the amount of $21,600 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 que le Conseil :

 

1.      Déclare excédentaire pour les besoins de la Ville les terrains illustrés comme parcelles 1, 2, 3, 4 et 5 à l’annexe « A » ci-jointe, d’une superficie d’environ 116715.2- m2 ( 4.13 acres), décrits comme faisant partie du chemin First Line, tronçon d’emprise situé entre les lots 30 et 31, concession 9, canton géographique de Goulbourn à Ottawa, sous réserve de la fermeture du chemin par voie de règlement municipal; et

 

2.      Approuve la vente du terrain décrit comme parcelle 1 à la recommandation 1, d’une superficie d’environ 1166.1 m2 (0.288 acres), sous réserve de toutes servitudes nécessaires, à Stephen Armstrong et Shelaugh Armstrong, pour la somme de 21 600 $ plus TPS, conformément à une convention d'achat et de vente déjà conclue.

 

 

BACKGROUND

 

The subject property is part of the road allowance between Lots 30 and 31, Concession 9 (First Line Road), geographic Township of Goulbourn. The subject portion of the road allowance contains a total area of approximately 1166.1 square metres (0.288 acres) and is located between Fernbank Road on the north and Terry Fox Drive on the south. 

 

Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended approved of an application by Claridge Homes, one of the abutting property owners, to close all of First Line Road described as Parcels 1 through 5 on the attached Annex “A”, 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 closed 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.

 

The portion of First Line Road identified as Parcel 1 on the attached Annex “A” sketch is adjacent to the property municipally known as 5306 Fernbank Road, owned by Stephen and Shelaugh Armstrong. The Armstrongs indicated their wish to purchase one-half of the road allowance and have executed an Agreement of Purchase and Sale.  The acquisition of this property will allow the abutting owners to enlarge their side yard.

 

The four other abutting owners who abut Parcels 2, 3 4 and 5 on the attached Annex “A” have been offered the opportunity to purchase one-half of the road allowance abutting their respective properties and separate reports will be forwarded to the appropriate approving authority for these sales. 

 

 

DISCUSSION

 

The intended use of the subject property by the purchasers is to consolidate it with their abutting property.  The current zoning is MG (General Industrial – Goulbourn Zoning By-law 40-99).  This zoning is consistent with the purchasers’ property and no re-zoning is contemplated.

 

An agreement has been reached with the abutting owners Stephen and Shelaugh Armstrong, to purchase a portion of First Line Road approved for closure.  The road allowance to be acquired is shown as Parcel 1 on the attached Annex “A” and is legally described as part of the road allowance between Lots 30 and 31, Concession 9, geographic Township of Goulbourn. The agreement is subject to the conditions of the road closing approval and any easements that may be required.

 

The recommended sale price of $21,600 is within the market value range, established by an independent appraisal.   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 has confirmed that the subject property does not include any significant natural features and the property was not identified as part of a natural area during the Urban Natural Areas Environmental Evaluation Study.  No environmental implications are anticipated as a result of the sale of this close road allowance to the adjacent private owner.

 

 

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 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 First Line 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 $21,600 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 subject property.

 

 

DISPOSITION

 

Following Council’s approval, Real Property Asset Management and Legal Services Branches will finalize the transaction.



ANNEX A