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4. Sale OF LAND – CLOSED
PORTION OF BRUNSWICK STREET ADJACENT TO 146 LEES AVENUE vente de terrain – partie fermée de la rue BRUNSWICK ADJACENTe au 146, avenue LEES |
COMMITTEE RECOMMENDATIONS
That Council:
1. Declare
a parcel of vacant land containing an area of 203.6 m2, subject to
final survey, described as part of the westerly half of Brunswick Street
approved for closure, Registered plan 97162, City of Ottawa, shown hatched on
the attached Document 1, as surplus to the City’s needs; and
2.
Approve the sale of the land outlined in Recommendation 1, subject to any
easements that may be required, to Anselme Allah for $40,000 plus GST pursuant
to an Agreement of Purchase and Sale that has been received.
RECOMMANDATIONS DU COMITÉ
Que le
Conseil :
1.
déclare
comme excédentaire aux besoins de la Ville, une parcelle de terrain vacant
d’une superficie de 203,6 m2, sous réserve de levé final, décrite
comme étant une partie de la moitié ouest de la rue Brunswick dont la fermeture
a été approuvée, plan enregistré 97162, Ville d’Ottawa, illustrée en hachuré
dans le Document «1» ci-jointe; et
2. approuve la vente du terrain décrit à la recommandation 1, sous réserve
de toute servitude exigée pour Anselme Allah, au montant de 40 000$ (TPS
non comprise) en vertu d’une convention d'achat et de vente reçue.
DOCUMENTATION
1.
City
Manager’s report dated 30 March 2009 (ACS2008-CMR-CPO-0024).
Report to/Rapport au :
Corporate Services and Economic Development
Committee
Comité des services organisationnels et du développement économique
and Council / et au Conseil
30 March 2009 / le 30 mars 2009
Submitted by/Soumis par : Kent Kirkpatrick,
City Manager/Directeur des services municipaux
Contact Person/Personne ressource : Gordon MacNair, Manager, Real Estate
Services
Corporate
Project Office / gestionnaire, Services immobiliers,
Bureau des
projets municipaux
(613)
580-2424 x21217, Gordon.MacNair@Ottawa.ca
SUBJECT:
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Sale OF LAND – CLOSED PORTION
OF BRUNSWICK STREET ADJACENT TO 146 LEES AVENUE |
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OBJET :
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vente de terrain – partie fermée de la rue BRUNSWICK ADJACENTe au 146,
avenue LEES |
REPORT RECOMMENDATIONS
That the Corporate Services
and Economic Development Committee recommend Council:
1.
Declare a parcel of vacant land containing an area of
203.6 m2, subject to final survey, described as part of the westerly
half of Brunswick Street approved for closure, Registered plan 97162, City of
Ottawa, shown hatched on the attached Document 1, as surplus to the City’s
needs; and
2.
Approve the sale of the land outlined in Recommendation
1, subject to any easements that may be required, to Anselme Allah for $40,000
plus GST pursuant to an Agreement of Purchase and Sale that has been received.
RECOMMANDATIONS DU RAPPORT
Que le Comité
des services organisationnels et du développement économique recommande au Conseil :
1.
de
déclarer comme excédentaire aux besoins de la Ville, une parcelle de terrain
vacant d’une superficie de 203,6 m2, sous réserve de levé final, décrite
comme étant une partie de la moitié ouest de la rue Brunswick dont la fermeture
a été approuvée, plan enregistré 97162, Ville d’Ottawa, illustrée en hachuré
dans le Document «1» ci-jointe; et
2.
d’approuver
la vente du terrain décrit à la recommandation 1, sous réserve de toute
servitude exigée pour Anselme Allah, au montant de 40 000$ (TPS non
comprise) en vertu d’une convention d'achat et
de vente reçue.
BACKGROUND
Brunswick Street is an un-travelled road allowance situated adjacent to the easterly limit of a residential holding at 146 Lees Avenue. Historically, the former owner of 146 Lees Avenue used the westerly half of the Brunswick Street road allowance to access the property’s rear yard. However, in the mid 1980’s the former City of Ottawa developed Springhurst Park, which is located immediately south of the rear yard of 146 Lees Avenue and in order to provide pedestrian access to the park, the City constructed a pathway that extended southerly from Lees Avenue along the easterly half of Brunswick Street. In constructing this pathway, the City erected a fence along the centerline of the road allowance, which created a physical separation between the pathway and the westerly half of Brunswick Street. This permitted pedestrian use of the easterly half of the road allowance and allowed the former owner of 146 Lees Avenue continued use of the westerly half to access the rear yard.
The fenced portion of Brunswick Street, which is situated adjacent to 146 Lees Avenue, is a 203.6 m2 parcel of vacant land, improved with asphalt paving. The parcel is shown hatched on the attached Document 1. In 2005, the current owner of 146 Lees Avenue made application to close this portion of the road allowance so that it could be purchased and combined with his abutting residential holding.
As a result of the application submitted by the abutting owner, Planning and Infrastructure Approvals Branch, pursuant to the Delegation of Authority By-law 2001-12 as amended, approved the closure of the west part of Brunswick Street subject to various standard conditions, including a requirement for the applicant to enter into a binding Agreement of Purchase and Sale with the City to purchase the closed portion of Brunswick Street at market value.
DISCUSSION
The abutting property at 146 Lees Avenue is a 321.4 m2 holding improved with a smaller, older single-family detached bungalow. It is located along the south side of Lees Avenue on the westerly edge of Springhurst Park in Ottawa East. The purchaser intends to incorporate the subject parcel with the abutting property and redevelop the assembly with three row dwellings. The use is consistent with the current R3J – Converted House/Townhouse Zone.
City policy requires the sale of property to be on the basis of market value. Based on the size, configuration, zoning and frontage, an appraisal has determined that the abutting property can currently support two dwelling units, subject to securing a minor variance. The inclusion of the subject property will enable a three-door row development, subject to securing a minor variance. Based on a review of recent land sales information, the appraisal determined there is a range in value from approximately $45,000 to $70,000 per dwelling unit for similar sites. Although the combined property is centrally located within the City, it is subject to locational factors, which were judged to lend support to its value being at the lower end of that range. As a result, the market value of the combined property was estimated to be $50,000 per dwelling unit.
In consideration of costs incurred by the abutting owner in closing and surveying the subject road allowance, and subject to limitations resulting from a single purchaser circumstance, the agreement reached with the abutting owner in the amount of $40,000 is considered to be fair and reasonable and is recommended for acceptance.
ENVIRONMENTAL IMPLICATIONS
The subject property does not contain natural environment lands designated as significant in the Official Plan or areas identified in the Urban Natural Areas Environmental Evaluation Study (March 2006). No significant implications to the natural environment have been identified for the proposed sale of this property to the adjacent property 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 Affordable Housing Division, Infrastructure Services and
Community Sustainability and City Operations, to determine if the parcel should
be retained for a City mandated program.
The Environmental Sustainability Division of the Infrastructure Services
and Community Sustainability Department was consulted with respect to the Urban
Natural Area Environmental Evaluation Study and Greenspace Master Plan, their
comments are indicated under the Environmental Implications section of this
report. Neither the Affordable Housing
Division nor any 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 subject property is a non-viable parcel with access available only to abutting owners. No concerns were expressed with respect to the sale of the subject property to the abutting owner.
The ward Councillor was made aware of the intent to dispose of the subject property through circulation process and by subsequent notification, and is in agreement that no further community consultation is required.
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 Affordable Housing Division 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 property is a non-viable parcel, and therefore does not meet the affordable housing criteria outlined in the Housing First Policy.
LEGAL/RISK MANAGEMENT IMPLICATIONS:
There are no legal/risk management impediments to implementing any of the Recommendations arising from this report.
FINANCIAL IMPLICATIONS
All revenues received by the Corporation for the sale of the land, will be credited to the City’s Sale of Surplus Land Account.
SUPPORTING DOCUMENTATION
Attached as Document 1 is a sketch showing the subject
property.
DISPOSITION
Following Council’s approval the Real Estate Partnerships and Development Office and Legal Services Branch will finalize the transaction.
DOCUMENT 1
