8.               CAMBRIAN WOODS/TRIM ROAD LAND EXCHANGE

 

                  ÉCHANGE DE TERRAIN DU BOISÉ CAMBRIAN/CHEMIN TRIM

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.         Declare a portion of 2360 Trim Road containing an area of approximately 9.58 ha (23.67 acres), described as being part of Lot 3 and part of the road allowance between Lots 3 and 4, Concession 9, geographic Township of Cumberland, now in the City of Ottawa, shown hatched and identified as Parts 2, 3, 4 and 5 on Document 1 attached and further described as Parts 2, 3, 4 and 5 on a draft plan of survey prepared by J.D. Barnes Limited, subject to the road shown as Part 3 being closed by by-law and subject to any easements that may be required, as surplus to the City’s needs;

 

2.         Waive City policy pertaining to the public marketing of viable properties; and

 

3.         Approve the sale of the land referred to in Recommendation 1, to Mattamy (Tenth Line) Ltd.,  in exchange for lands owned by Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay) Limited, identified as Cambrian Woods UNA Site #57 containing an area of 19.75 ha (48.82 acres), described as being Part of Lots 10 and 11, Concession 3, Rideau Front, geographic Township of Nepean and shown hatched and identified as Parts 1, 2, 3 and 4 on Document 2 attached and further described as Parts 1, 2, 3 and 4 on a draft plan of survey prepared by J.D. Barnes Limited, plus GST or HST as applicable, pursuant to a Land Exchange Agreement that has been received;

 

 

RecommandationS DU Comité

 

Que le Conseil :

 

1.         Déclare excédentaire pour les besoins de la Ville une partie du 2360, chemin Trim, d’une superficie d’environ 9,58 ha (23,67 acres), décrite comme étant une partie du lot 3 et une partie de l’emprise routière comprise entre les lots 3 et 4, concession 9, canton géographique de Cumberland, aujourd’hui la Ville d’Ottawa et aussi décrite comme les parties 2, 3, 4 et 5 sur un plan de levées provisoire préparé par J.D. Barnes Limited,   hachurée et désignée comme étant les parties 2, 3, 4 et 5  dans le Document 1 ci-joint, à condition que la route désignée comme étant la partie 3 soit fermée par règlement et sous réserve de toute servitude requise;

 

2.         Renonce à appliquer la politique de la Ville relative à la mise en marché publique de propriété viable;

 

3.         Approuve la vente du terrain décrit à la recommandation 1 à Mattamy (Tenth Line) Ltd., en échange des terrains appartenant à Mattamy (Half Moon Bay 2) Limited et à Mattamy (Half Moon Bay) Limited, TPS ou TVH, selon le cas, en sus, désignés comme étant Cambrian Woods UNA Site no 57, d’une superficie de 19,75 ha (48,82 acres), décrits comme étant une partie des lots 10 et 11, concession 3, façade rivière Rideau, canton géographique de Nepean et aussi décrits comme les parties 1, 2, 3 et 4 sur un plan de levées provisoire préparé par J.D. Barnes Limited, hachurés et désignés comme étant les parties 1, 2, 3 et 4 dans le Document 2 ci-joint, conformément à une convention d’échange de biens-fonds reçue précédemment;

 

 

 

 

 

 

 

 

 

Documentation

 

1.                  Corporate Services and Economic Development Committee report dated 1 December 2009 (ACS2010-CMR-REP-0006)

 

 

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

01 December 2009 /  le 01 decembre 2009

 

Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur des services municipaux

 

Contact Person/Personne ressource : Gordon MacNair, Director

Real Estate Partnerships and Development Office/ Directeur, Partenariats et Développement en immobilier

(613) 580-2424 x 21217, Gordon.MacNair@ottawa.ca

 

Barrhaven (3) and Cumberland (19)

Ref N°: ACS2010-CMR-REP-0006

 

 

SUBJECT:

CAMBRIAN WOODS/TRIM ROAD LAND EXCHANGE

 

 

OBJET :

ÉCHANGE DE TERRAIN DU BOISÉ CAMBRIAN/CHEMIN TRIM

 

 

REPORT RECOMMENDATIONS

 

That the Corporate Services and Economic Development Committee recommend that Council:

 

1.         Declare a portion of 2360 Trim Road containing an area of approximately 9.58 ha (23.67 acres), described as being part of Lot 3 and part of the road allowance between Lots 3 and 4, Concession 9, geographic Township of Cumberland, now in the City of Ottawa, shown hatched and identified as Parts 2, 3, 4 and 5 on Document 1 attached and further described as Parts 2, 3, 4 and 5 on a draft plan of survey prepared by J.D. Barnes Limited, subject to the road shown as Part 3 being closed by by-law and subject to any easements that may be required, as surplus to the City’s needs;

 

2.         Waive City policy pertaining to the public marketing of viable properties; and

 

3.         Approve the sale of the land referred to in Recommendation 1, to Mattamy (Tenth Line) Ltd.,  in exchange for lands owned by Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay) Limited, identified as Cambrian Woods UNA Site #57 containing an area of 19.75 ha (48.82 acres), described as being Part of Lots 10


and 11, Concession 3, Rideau Front, geographic Township of Nepean and shown hatched and identified as Parts 1, 2, 3 and 4 on Document 2 attached and further described as Parts 1, 2, 3 and 4 on a draft plan of survey prepared by J.D. Barnes Limited, plus GST or HST as applicable, pursuant to a Land Exchange Agreement that has been received;

 

 

RECOMMANDATIONS DU RAPPORT

 

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

 

1.         De déclarer excédentaire pour les besoins de la Ville une partie du 2360, chemin Trim, d’une superficie d’environ 9,58 ha (23,67 acres), décrite comme étant une partie du lot 3 et une partie de l’emprise routière comprise entre les lots 3 et 4, concession 9, canton géographique de Cumberland, aujourd’hui la Ville d’Ottawa et aussi décrite comme les parties 2, 3, 4 et 5 sur un plan de levées provisoire préparé par J.D. Barnes Limited,   hachurée et désignée comme étant les parties 2, 3, 4 et 5  dans le Document 1 ci-joint, à condition que la route désignée comme étant la partie 3 soit fermée par règlement et sous réserve de toute servitude requise;

 

2.         De renoncer à appliquer la politique de la Ville relative à la mise en marché publique de propriété viable;

 

3.         d’approuver la vente du terrain décrit à la recommandation 1 à Mattamy (Tenth Line) Ltd., en échange des terrains appartenant à Mattamy (Half Moon Bay 2) Limited et à Mattamy (Half Moon Bay) Limited, TPS ou TVH, selon le cas, en sus, désignés comme étant Cambrian Woods UNA Site no 57, d’une superficie de 19,75 ha (48,82 acres), décrits comme étant une partie des lots 10 et 11, concession 3, façade rivière Rideau, canton géographique de Nepean et aussi décrits comme les parties 1, 2, 3 et 4 sur un plan de levées provisoire préparé par J.D. Barnes Limited, hachurés et désignés comme étant les parties 1, 2, 3 et 4 dans le Document 2 ci-joint, conformément à une convention d’échange de biens-fonds reçue précédemment;

 

 

BACKGROUND

 

Trim Road – City Owned Lands

 

The City owns a 40 ha (98.8 acres) parcel of land known municipally as 2360 Trim Road. The entire property was acquired by the Region of Ottawa-Carleton in 1992 for use as a snow disposal facility. The site is comprised of both urban and rural land use designations.  The rural portion of the site will remain in the City’s ownership and will continue to be used for snow disposal purposes until a new engineered snow disposal site is completed at Innes/Mer Bleue in time for the 2010/2011 winter season.

 

A 16.8 ha (41.67 acres) portion of 2360 Trim Road is located within the Urban Boundary of Cumberland Ward as shown in attached Document 1 as Parts 2, 3, 4, 5, 6 and 7. The property being declared surplus and sold is shown as Parts 2, 3, 4 and 5 and comprises approximately 9.58 ha (23.67 acres) located on the west side of Trim Road and south of the proposed Blackburn By-Pass extension. It is legally described as Part of Lot 3, Concession 9 and part of the road allowance between Lots 3 and 4, geographic Township of Cumberland, being Parts 2, 3, 4 and 5 on a draft plan of survey prepared by J.D. Barnes Limited.

 

The remaining portion of the urban lands, shown as Parts 6 and 7 on Document 1, being 8.2057 ha (19.81 acres) and located at the northwest corner of 2360 Trim Road, will remain under City ownership. This parcel is to be developed by the City with a recreation complex.  The timing of development is dependent on the construction of roads, water, sanitary and storm sewers.

 

The focus this report deals with Parts 2, 3 4 and 5 which are within the urban boundary with a DR – Development Reserve Zone (Sections 237-238) designation. These City lands are vacant and ripe for residential development. Mattamy (Tenth Line) Ltd. has assembled lands to the south and east of the City property and have submitted a plan to develop a subdivision on their holdings. The proposed plan of subdivision abuts the south boundary of the City urban designated lands which lands form the basis of this land exchange with Mattamy.

 

Cambrian Road Woods (UNA #57) – Mattamy Owned Land

 

Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay Limited) acquired approximately 19.75 ha (48.82 acres) in Barrhaven Ward east of Cedarview Road in 2001. The property is divided into two parcels by Cambrian Road and is covered with mature trees. The parcel located north of Cambrian Road encompasses approximately 8.72 ha (21.56 acres).  This is owned by Mattamy Half Moon Bay 2 and is legally described as Part of Lot 11, Concession 3, Rideau Front, geographic Township of Nepean being Parts 1 and 2 on the draft plan of survey prepared by J.D. Barnes Limited and is shown as Parts 1 and 2 on the sketch attached as Document 2. The parcel located south of Cambrian Road is owned by Mattamy Half Moon Bay and contains an area of approximately 11.03 ha (27.26 acres). It is legally described as Part of Lot 10, Concession 3, Rideau Front, geographic Township of Nepean being Parts 3 and 4 on the draft plan of survey prepared by J.D. Barnes Limited and identified as Parts 3 and 4 in Document 2.

 

The City of Ottawa's Official Plan designates natural areas in the rural and urban areas that have high environmental value and are intended for conservation purposes. It is the intention of natural environment area policies to preserve significant natural features and associated ecological functions for the long term. The combined parcels of 19.75 ha (48.82 acres) offered for exchange by Mattamy are known as the Cambrian Woods and designated Urban Natural Feature in the City's Official Plan. This woodland was examined and evaluated through the Council approved Urban Natural Features Environmental Evaluation Study (March 2005 & 2006).  The Urban Natural Features Environmental Evaluation Study (UNAEES) assessed the relative environmental value of the remaining 192 natural areas in the urban area.  The subject woodland, identified as the Cambrian Road Woods UNA Site #57 in the UNAEES, received a rating of high environmental value, confirming its local environmental significance. The ecological values of the woodland were confirmed in the Barrhaven South Community Design Plan (2006) and in the Jock River Reach 1 Subwatershed Study (2007). This woodland is also included in the Council approved Greenspace Master Plan (June 2006) and is a component of the City's natural lands inventory and connected Greenspace Network. 

 

Cambrian Road Woods UNA Site #57 is under development pressure as urban residential development is moving towards it from the northeast. Given that it is under a pending threat, the Land Use and Natural Systems Unit of the Planning and Growth Management Department has placed a high priority on the acquisition of this woodlot.

 

DISCUSSION

 

Recommendation 3 of this report recommends an exchange of lands between the City and Mattamy. The City is to acquire the high priority Cambrian Woodlot (UNA #57), being 19.75 ha (48.82 acres) in Barrhaven west from Mattamy and thereby protect the woodlot from development.  It is important to note that under the 2003 Official Plan as amended, the City is obligated to acquire UNA lands when requested to do so by the owner and Mattamy has offered UNA #57 to the City. In exchange Mattamy will acquire 9.58 ha (23.67 acres) of City land at 2360 Trim Road abutting a proposed Mattamy subdivision.  The City does not typically entertain land exchanges as a method of acquisition. However, in special circumstances, where land designated Urban Natural Feature is in private ownership, an exchange is identified as one method of acquisition.  In addition, staff recognized an opportunity for the City to obtain additional benefits given the unique circumstances present in a land exchange with Mattamy.

 

External and internal appraisals estimate the market value of the City’s land to be $4,269,800 and the market value of the land owned by Mattamy to be $4,271,750. Negotiations between the City and Mattamy (Tenth Line) Ltd. and Mattamy (Half Moon Bay 2) Limited and Mattamy (Half Moon Bay) Limited, have resulted in an agreement to accept land for land.  The exchange of the properties is on the following basis:

 

 

 

 

As part of the land exchange agreement, Mattamy (Tenth Line) Ltd. and Mattamy (Half Moon Bay)/ (Half Moon Bay 2) Ltd. have agreed to the following additional considerations:

 

Ø  To construct the Portobello Boulevard extension from Mattamy’s lands south of Parts 2, 3, 4 and 5 to the Blackburn By-Pass and to provide the required services to the lot line of the future City recreation complex to be located at Portobello Boulevard and the future Blackburn By-Pass, within an agreed upon time frame. Mattamy is to pay for the City’s share of these works estimated at approximately $1,020,000. 

 

Ø  To prepare a woodlot management plan for UNF Site # 57 subject to the Terms of Reference outlined in Schedule F of the Land Exchange Agreement. This will include the construction, at Mattamy’s expense, of a pathway and the provision of a two-year maintenance agreement as detailed in the specifications of those Terms of Reference. All costs associated with the management plan and pathway maintenance, estimated at $195,000, will be the responsibility of Mattamy.

 

Ø  To ensure that the site services to the future recreation complex and the woodlot management plan are complete, Mattamy will provide securities (Letters of Credit) in the amount of $1,020,000 to be held until the completion of the Portobello Boulevard extension and servicing, and a further $200,000 to be held as security for the woodlot management plan. 

 

Given the additional benefits, and the securities held by the City, the agreement to exchange the properties is considered beneficial to the City and at minimal risk. The exchange of Parcels 2, 3, 4 and 5 on Document 1 for the Cambrian Woodlot (UNF #57) (Parcel 1, 2, 3 and 4 on Document 2) is recommended for acceptance.

 

ENVIRONMENTAL IMPLICATIONS

 

The Land Exchange Agreement will have a net benefit for the City of Ottawa’s natural environment and Natural Heritage System. The parcel to be transferred from Mattamy Homes Ottawa to the City is a highly rated site in the Urban Natural Features Environmental Evaluation Study owing to its local ecological values and functions. The parcel to be transferred from the City to Mattamy Homes Ottawa has no particular significance for the natural environment and the Natural Heritage System. It is not a recognized natural feature, nor is it known to contain any significant ecological values or to provide any significant ecological functions.

 

The City of Ottawa and Mattamy Homes Ottawa have agreed upon the Terms of Reference for preparation of the Woodlot Management Plan for UNF #57.  The Terms of Reference specify the timing, scope and content of the Woodlot Management Plan.  The Terms of Reference state that the purpose of the Woodlot Management Plan will be, “to preserve the ecological values and functions for which it (UNF #57) was designated as an urban natural feature in the Urban Natural Areas Environmental Evaluation Study, while providing for compatible ‘open air recreation, scientific, educational, or conservation uses…’ (O.P. Policy 3.2.3).”

 

At the request of the Policy Development and Urban Design Branch (Natural Systems Unit), the Terms of Reference specify that the Woodlot Management Plan will be prepared and submitted concurrently with the Draft Plan of Subdivision for the adjacent properties, and that the EIS for the Draft Plan of Subdivision (or any other development or site alternation) will specifically consider the potential impacts of the subdivision on the woodlot and the Woodlot Management Plan. The Terms of Reference include a preliminary Table of Contents for the Woodlot Management Plan. They also specify that the proposed trail system will protect the ecological sensitive portions of the woodlot, while providing access points compatible with the community and subdivision plan.

 

The Policy Development and Urban Design Branch believe that the Woodlot Management Plan, as proposed in the Terms of Reference, will protect the ecological values and functions for which UNF #57 was originally identified.  The Land Exchange Agreement will secure a highly-valued Urban Natural Feature, thereby protecting and enhancing the City’s natural environment and Natural Heritage System.

 

CONSULTATION

 

In accordance with policies approved by City Council on 14 November 2001, the availability of the property the 98.8 acres of 2360 Trim Road was circulated to all client City Departments to determine if these lands should be retained for a City mandated program.

 

Planning and Growth Management including Infrastructure Services were consulted to discuss the merits of advancing services to the Portobello/Innes Road By-Pass to facilitate early construction of the City recreation facility and to examine future road requirements. Parks and Recreation were consulted over the timing and delivery of the recreation facility and budgetary concerns to advance the project. City Operations were consulted with respect to their requirement for a temporary disposal site on the remainder of the City property outside the urban boundary.

 

The Policy Development and Urban Design Branch was also consulted to discuss future program requirements with regard to the Cambrian Woods and to ascertain financial obligations with regard to forest management.

 

The Infrastructure Services and Community Sustainability Portfolio of the Planning and Growth Management Department were 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. 

 

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 other concerns were expressed with respect to the sale of this property by any of the above committees. The Utility Companies were also circulated and no interest was expressed in the retention of an easement. Any issues or concerns indicated as a result of the internal and utility circulation were considered and have been satisfied

 

In the circulation process several departments indicated interest in 2360 Trim Road. Their comments and resolutions are indicated below.

 

Parks and Recreation indicated a requirement for at least 18 acres of land for a future recreation complex in the east end of Ottawa.  Parts 6 and 7 containing an area of 19.81 acres as shown on the attached sketch marked Document 1 is being retained for that purpose.

 

City Operations reported that at the time of the circulation, a snow disposal facility was being operated from this site.  This operation will be relocated to another location (Meur Bleue Snow Disposal Facility) in the near future. However it should be noted that the location of the snow disposal facility is located on a portion of 2360 Trim Road not impacted by this land exchange.

 

Affordable Housing Division indicated an interest in the property if it was to be sold in the future for residential purposes as per the Affordable Housing 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. 

 

COMMENTS BY WARD COUNCILLORS

 

Councillor Jellett  -  I support staff’s recommendations.

 

Councillor Harder - I am pleased with this outcome.  You may recall during Budget 2009 I brought a motion to Council regarding timing and purchasing/acquiring land in a timely fashion which is at the beginning of the development.  This way we can lock in the financials and also negotiate for as much as possible early in the game.  This process with this project did not start off well but I am very pleased with the results and hope that this style of negotiating will be adopted in the best interests of all and in particular the taxpayers. 

 

HOUSING FIRST POLICY

 

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.

 

As the subject lands being conveyed to Mattamy (Tenth Line) Ltd. are within the urban boundary and will likely be designated for housing purposes it was deemed that Housing would be entitled to 25% of the proceeds of any sale under the Housing First Policy.  For the purpose of this land exchange the sale price of these lands is $4,269,800 and therefore 25% of the sale price due to the Housing Branch is $1,067,450.

 

The disposal (exchange) of the City land is to the benefit of the Policy Development and Urban Design Branch. The proceeds of a disposal of a City asset (land) is used on their behalf for the woodlot acquisition. To comply with corporate policy, the Policy Development and Urban Design Branch will transfer from its environmental lands acquisitions account 25% of the disposal value ($1,067,450) for deposit into the Housing Reserve Fund.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

There are no legal/risk management impediments to implementing any of the Recommendations arising from this Report.

 

FINANCIAL IMPLICATIONS

 

As required by the Housing First Policy, 25% of the market value ($1,067,450) of the City land being exchanged for the woodlot, is available to be transferred from Capital Project 900138: Environmental Resources Area Acquisition to the Housing Reserve Fund.  Funds are also available from Capital Project 900138: Environmental Resources Area Acquisition for Land Transfer Tax and ancillary costs.

 

SUPPORTING DOCUMENTATION

 

Document 1:   Sketch showing the City property on Trim Road to be conveyed to Mattamy.

 

Document 2:   Sketch showing Cambrian Woodlot (UNF Site #57) that is to be conveyed to the City.

 

DISPOSITION

 

Following Council’s approval the Real Estate Partnerships and Development Office and Legal Services Branch will finalize the transactions.

 

 

 

DOCUMENT ‘1’

 

 

 

DOCUMENT  ‘2’