2.       LAND EXCHANGE - HUNT CLUB ROAD AT HAWTHORNE ROAD

 

ÉCHANGE DE TERRAIN - CHEMIN HUNT CLUB, À LA HAUTEUR
DU CHEMIN HAWTHORNE


 

 

Committee RecommendationS

 

That Council:

 

1.         Declare a portion of Hunt Club Road containing an area of 8,877 m2, subject to final survey and described as being part of the road allowance between Lots 5 and 6 (R.F), geographic Township of Gloucester, being Parts 9, 10 and part of Part 11 on Reference Plan 4R-20557, shown as Parcel B on the attached Annex “A”, 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 referred to in Recommendation 1, having a value of $438,000, to 2080879 Ontario Inc., in exchange for a parcel of vacant land containing an area of 1860 m2 subject to final survey, described as being Part of Lot 6, Concession 6, R.F., geographic Township of Gloucester, shown as Parcel D on the attached Annex “A” sketch, having a value of $92,000, together with $346,000, plus GST, subject to any easements that may be required, 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 une partie du chemin Hunt Club totalisant une superficie de 8 877 m2, sous réserve de levé final et décrite comme faisant partie de l’emprise routière située entre les lots 5 et 6 (R.F), canton géographique de Gloucester, parties 9, 10 et une portion de la partie 11 du plan de renvoi 4R-20557, illustrée comme étant le terrain B dans l’annexe « A » ci-jointe, sous réserve de la fermeture du chemin par voie de règlement municipal;

 

2.         Approuve la vente du terrain visé par la recommandation 1, d’une valeur de 438 000 $, à 2080879 Ontario Inc., en échange d’un terrain vacant d’une superficie de 1 860 m2, sous réserve de levé final et décrit comme faisant partie du lot 6, concession 6, R.F., canton géographique de Gloucester, illustré comme étant le terrain D sur le croquis « A » ci-joint, et d’une valeur

 

 

 

de 92 000 $, et d’un montant de 346 000 $ plus TPS, sous réserve de toute servitude exigée, 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-0031).

 

2.   Extract of Draft Minute, 16 October 2007.



Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

2 October 2007 / le 2 octobre 2007

 

Submitted by/Soumis par : Stephen 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

 

 

Gloucester -Southgate (10)

Ref N°: ACS2007-BTS-RPM-0031

 

 

SUBJECT:

LAND EXCHANGE - HUNT CLUB ROAD AT HAWTHORNE ROAD

 

 

OBJET :

ÉCHANGE DE TERRAIN - CHEMIN HUNT CLUB, À LA HAUTEUR DU CHEMIN HAWTHORNE

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.   Declare a portion of Hunt Club Road containing an area of 8,877 m2, subject to final survey and described as being part of the road allowance between Lots 5 and 6 (R.F), geographic Township of Gloucester, being Parts 9, 10 and part of Part 11 on Reference Plan 4R-20557, shown as Parcel B on the attached Annex “A”, 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 referred to in Recommendation 1, having a value of $438,000, to 2080879 Ontario Inc., in exchange for a parcel of vacant land containing an area of 1860 m2 subject to final survey, described as being Part of Lot 6, Concession 6, R.F., geographic Township of Gloucester, shown as Parcel D on the attached Annex “A” sketch, having a value of $92,000, together with $346,000, plus GST, subject to any easements that may be required, 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 une partie du chemin Hunt Club totalisant une superficie de 8 877 m2, sous réserve de levé final et décrite comme faisant partie de lemprise routière située entre les lots 5 et 6 (R.F), canton géographique de Gloucester, parties 9, 10 et une portion de la partie 11 du plan de renvoi 4R-20557, illustrée comme étant le terrain B dans l’annexe « A » ci-jointe, sous réserve de la fermeture du chemin par voie de règlement municipal;

 

2.   Approuve la vente du terrain visé par la recommandation 1, d’une valeur de 438 000 $, à 2080879 Ontario Inc., en échange d’un terrain vacant d’une superficie de 1 860 m2, sous réserve de levé final et décrit comme faisant partie du lot 6, concession 6, R.F., canton géographique de Gloucester, illustré comme étant le terrain D sur le croquis « A » ci-joint, et d’une valeur de 92 000 $, et d’un montant de 346 000 $ plus TPS, sous réserve de toute servitude exigée, conformément à une convention d'achat et de vente déjà conclue.

 

 

BACKGROUND

 

The subject property is part of the untravelled portion of the Hunt Club Road allowance east of Hawthorne Road, and is shown as Parcel B on the attached Annex “A” sketch.  This untravelled portion of Hunt Club Road bisects lands owned by the purchaser.  The purchaser’s lands are shown as Parcels A, C and D on the attached Annex “A” sketch.  The City property contains an area of approximately 8,877 square metres (2.19 acres), subject to final survey and is legally described as being part of the road allowance between Lots 5 and 6, Concession 6 (Rideau Front), geographic Township of Gloucester, now City of Ottawa.  It is identified as Parts 9, 10 and part of Part 11 on Plan 4R-20557.

 

To accommodate the development of its adjoining lands, the purchaser submitted an application to the Planning Transit and the Environment Department to close this road allowance. The Director of Planning and Infrastructure Approvals Branch has approved the closing of this portion of Hunt Club Road, subject to the following terms and 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;

 

  1. The applicant/purchaser agrees to convey to the City a strip of land fronting the proposed Hunt Club Road extension to enable a required alignment adjustment to the road allowance to the satisfaction of the City;

 

  1. The applicant/purchaser agrees to enter into a land use agreement to permit a temporary transit bus turn around to occur on the applicant/purchaser’s lands.

 

During the public notification process of the road closing an objection was received necessitating a submission of a report to the Planning and Environment Committee.  City Council at its meeting held on 28 November 2006 considered the objection and re-delegated approval authority to staff to close the portion of the Hunt Club Road right-of-way shown as Parcel B on the attached Annex “A”.

 

 


DISCUSSION

 

During preliminary discussions with the purchaser with respect to the road closing application by Planning and Infrastructure Approvals Branch it was determined that the City required a 4.5m widening along the northerly limit of the Hunt Club Extension. 

 

The City does not have authority to acquire this road widening as a condition of site plan approval and as a result, a land exchange was suggested and is acceptable to the purchaser.

 

The objection to the road closing was received from the owner of 3149 Hawthorne Road, identified as PIN 04161-0072 and PIN 04161-0071 on the attached Annex “A” sketch.  Although the objection was made through the road closing process the owner’s concern was not the closing of the subject portion of Hunt Club Road but that he was not given the opportunity to purchase a portion of the road.

 

The City is not obligated under the Municipal Act to offer one-half of road allowances to each abutting owner. Although the City’s Disposal Policy requires that all abutting property owners be notified when disposing of non-viable properties, it allows for direct sales of these types of properties to achieve a City objective.  In the case of this transaction, it was determined to be in the City’s best interest to enter into this land exchange with the purchaser to secure the lands required for the Hunt Club Road extension as well as a temporary bus turning route on the purchaser’s land until Hunt Club road is extended to Highway 417.  This was a special condition of the road closing approval and has been included in the agreement of purchase and sale.

 

This exchange of lands will allow the consolidation of the purchaser’s two parcels and at the same time secure the City’s road widening requirements.  Negotiations between the City and 2080879 Ontario Inc. have resulted in an agreement to exchange parcels of property on the following basis:

 

 

 

The City’s property currently has a mixed zoning of Ig (Institutional) and Mx (Heavy Industrial Zoning under former City of Gloucester Zoning By-law 333-1999 and IH F(1.0) under former City of Ottawa Zoning By-law 93-98.  The intended use of the property by 2080879 Ontario Inc., is to incorporate the closed portion of the Hunt Club Road allowance into its overall holding for future development.  In discussions with the purchaser it is anticipated that the proposed development will be a mix of commercial and industrial uses.  Rezoning of the whole consolidated property is contemplated.

 

A recent appraisal estimates the market value of the City’s lands to be $438,000 and the market value of the land owned by 2080879 Ontario Inc. to be $92,000.  The difference of $346,000 will be paid to the City.

 

The purchase price of the property being acquired from the City and the property being acquired by the City is in keeping with the market value range established by an appraisal report.

 

The agreement to exchange the properties in question is considered fair and reasonable and is recommended for acceptance.

 

 

ENVIRONMENTAL IMPLICATIONS

 

There are no natural environmental implications in connection with this land exchange.

 

 

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 parcel 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 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)

Rural Issues Advisory Committee (RIAC)

Pedestrian and Transit (PTAC)

 

No concerns were expressed with respect to the sale of the subject property to the abutting owner.

 

The ward Councillor has been made aware of the intent to dispose of the subject property through circulation and supports staff’s recommendation.

 

 

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 in an industrial zone and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $346,000 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 land exchange.

 

 



ANNEX A

 



            LAND EXCHANGE - HUNT CLUB ROAD AT HAWTHORNE ROAD

ÉCHANGE DE TERRAIN - CHEMIN HUNT CLUB, À LA HAUTEUR DU CHEMIN HAWTHORNE

ACS2007-BTS-RPM-0031                                            Gloucester-Southgate (10)

 

Councillor Deans noted that a delegation had attended to speak in opposition to this item but by the time they arrived, the item had been carried on consent.  Because the delegation had left, she supported letting the item rise to Council but she advised that, should her office receive correspondence from them, she would raise this at Council and possibly ask that the item be referred back to Committee.

 

That the Corporate Services and Economic Development Committee recommend Council:

 

1.   Declare a portion of Hunt Club Road containing an area of 8,877 m2, subject to final survey and described as being part of the road allowance between Lots 5 and 6 (R.F), geographic Township of Gloucester, being Parts 9, 10 and part of Part 11 on Reference Plan 4R-20557, shown as Parcel B on the attached Annex “A”, 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 referred to in Recommendation 1, having a value of $438,000, to 2080879 Ontario Inc., in exchange for a parcel of vacant land containing an area of 1860 m2 subject to final survey, described as being Part of Lot 6, Concession 6, R.F., geographic Township of Gloucester, shown as Parcel D on the attached Annex “A” sketch, having a value of $92,000, together with $346,000, plus GST, subject to any easements that may be required, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                            CARRIED