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4. SALE OF LAND - PART OF Terry Fox Drive - Part 12, Plan 4R-18222 VENTE DE TERRAIN - PARTIE DE LA PROMENADE TERRY-FOX - PARTIE 12, |
Committee RecommendationS AS AMENDED
That Council:
1. Declare a parcel of land
shown hatched on Annex “A” attached, containing approximately 0.7356 ha (1.817
acres), being part of Terry Fox Drive and described as part of Lots 4 and 5,
Concession 1, geographic Township of March (Part 12 on Plan 4R-18222), 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 any easements that may be
required and subject to the covenants referenced in the report being
registered on title upon closing, to Mary Pauline Broughton, for the amount
of $36,340 plus GST, pursuant to an Agreement of Purchase and Sale that has
been received.
RecommandationS MODIFIÉES du comité
Que le Conseil :
1. déclare excédentaire aux besoins de la Ville
une parcelle de terrain indiquée par des hachures dans l’Annexe « A »
ci-jointe, d’une surface d’environ 0,7356 ha (1,817 acre), faisant partie de la
promenade Terry-Fox et décrite comme une partie des lots 4 et 5, concession 1,
canton géographique de March (partie 12 du Plan 4R-18222), dans la Ville
d’Ottawa, sous réserve de la fermeture de la rue par règlement; et
2. approuve la vente du terrain détaillé dans la
Recommandation 1, sous réserve de toute servitude qui pourrait être requise et
sous réserve des engagements référencés dans le rapport inscrit au titre
foncier lors de la clôture, à Mary Pauline Broughton pour la somme de 36
340 $, TPS en sus, conformément à la convention d’achat-vente reçue.
Documentation
1. Executive Director's report (Business
Transformation Services) dated 5 February 2008 (ACS2008-BTS-RPM-0009).
2. Extract of Draft Minute, 5 February 2008.
Report
to/Rapport au :
Corporate Services and Economic Development Committee
Comité des services organisationnels
et du développement économique
and Council / et au Conseil
5 February 2008 / le 5 février 2008
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
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SUBJECT: |
SALE OF LAND - PART OF |
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OBJET : |
VENTE DE TERRAIN -
PARTIE DE LA |
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 0.7356 ha (1.817
acres), being part of Terry Fox Drive and described as part of Lots 4 and 5,
Concession 1, geographic Township of March (Part 12 on Plan 4R-18222), 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 any easements that may be
required, to Mary Pauline Broughton, for the amount of $36,340 plus GST,
pursuant to an Agreement of Purchase and Sale that has been received.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services organisationels et du
développement économique recommande au Conseil :
1. de déclarer excédentaire aux besoins de la Ville une parcelle de
terrain indiquée par des hachures dans l’Annexe « A » ci-jointe,
d’une surface d’environ 0,7356 ha (1,817 acre), faisant partie de la promenade
Terry-Fox et décrite comme une partie des lots 4 et 5, concession 1, canton
géographique de March (partie 12 du Plan 4R-18222), dans la Ville d’Ottawa,
sous réserve de la fermeture de la rue par règlement;
2. d’approuver la vente du terrain détaillé dans la Recommandation 1,
sous réserve de toute servitude qui pourrait être requise, à Mary Pauline
Broughton pour la somme de 36 340 $, TPS en sus, conformément à la convention
d’achat-vente reçue.
BACKGROUND
The subject property is part of the former alignment of
Terry Fox Drive and is untravelled. The
property is located at the northeast corner of the intersection of Terry Fox
Drive and Kanata Avenue and is legally described as part of Lots 4 and 5,
Concession 1, geographic Township of March and delineated as Part 12 on Plan
4R-18222. The road allowance to be closed contains a total area of
approximately 1.817 acres.
The lands being sold will be consolidated with the purchaser’s abutting lands for future development. Both the subject property and the purchaser’s property are zoned AGR (Agricultural Zone) and will require rezoning.
Due to the selection of a new alignment for Terry Fox Drive, the subject road allowance is no longer required to connect Terry Fox Drive to Kanata Avenue.
As a result of an application submitted by the purchaser, Planning and Infrastructure Approvals Branch pursuant to the Delegation of Authority By-law 2001-12 as amended, approved the closure of the portion of Terry Fox Drive described as Part 12, Plan 4R-18222, subject to the following conditions:
- Notice
of the proposed closing shall be given in accordance with By-law No.
2002-522, as amended.
- A
conveyance of a closed road shall be at current market value in accordance
with By-law No. 2002-38, or as provided for under any previous valid
agreements with the City.
- 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;
- 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;
- 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;
- 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.
DISCUSSION
An agreement has been reached with the abutting owner Mary Pauline Broughton, to purchase the subject portion of Terry Fox Drive. During the circulation process concern was expressed as to the future development of the consolidated property and as a result, the sale is conditional on the following covenants being registered on title.
- A 3m landscaped buffer strip shall be provided abutting any residential zone;
- The following uses shall not be permitted on the site: an automotive service centre, automotive car wash, automotive lubricant centre or drive-in restaurant;
- No access to a public road shall be allowed without approval of the Director of Planning and Infrastructure Approvals of the City of Ottawa.
The agreement is also subject to
the conditions of the road closing approval and any easements that may be
required.
No appraisal was undertaken and the sale price is not based on current market value. The sale price is based on a 2002 Land Acquisition Agreement between the City and Mrs. Broughton for the acquisition of land required for the new realignment of Terry Fox Drive at this location. As part of the agreement, the City agreed that if approval was given to close the subject portion of Terry Fox Drive, the sale price would be based on the same rate of $20,000 per acre.
The sale price of the road allowance is $36,340 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 known significant natural
features and was not identified as part of a natural area during the Urban
Natural Areas Environmental Evaluation Study.
No natural environment implications are anticipated as a result of the
sale of this land 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 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.
There were a number of concerns
expressed by Planning staff and Councillor Wilkinson with respect to the future
use of the consolidated lands. The
concerns have been satisfied with the covenants being registered on title
giving notice that specific uses will not be allowed.
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 Terry Fox Drive to the abutting owner.
The ward Councillor is aware of the intent to dispose of this property and as a result of the covenants being registered on title is in support of the sale of the road allowance to the abutting owner.
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 zoned Agriculture and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.
FINANCIAL IMPLICATIONS
This transaction represents revenue of $36,340 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.
