7.       sale of land – 3773 ST.  JOSEPH BOULEVARD

 

VENTE DE TERRAIN – 3773 boulevard st. joseph

 

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare the property identified as Parcel A on Document 1 attached, containing a total area of approximately 949.6 m2 (10,221 .74 square feet), described as being part of Lot 34, Concession 1 (O.S.), geographic Township of Cumberland  (Parts 13, 14, 15, 16 and 17, Plan 4R-24002), now in the City of Ottawa as surplus to the City’s needs;

 

2.                  Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act; and

 

3.                  Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required to Anthony Provenzano, In Trust for the amount of $30,420 plus HST if applicable, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

RECOMMANDATIONS DU COMITÉ

 

Que le Conseil:

 

1.                  déclare la propriété indiquée par la parcelle A dans le document 1, ci-annexé, ayant une superficie totale d’environ 949,6 m2 (10 221,74 pieds carrés) et décrite comme une partie du lot 34, concession 1 (O.S.), canton géographique de Cumberland (partie 13, 14, 15, 16 et 17 dans le plan 4R-24002), maintenant dans la ville d’Ottawa, comme excédentaire par rapport aux besoins de la Ville;

 

2.                  surseoit au droit des anciens propriétaires d’acheter la parcelle décrite à la recommandation 1, comme le prévoit l’article 42 de la Loi sur l’expropriation; et

 

3.                  approuve la vente de la propriété décrite à la recommandation 1, sous réserve des servitudes requises, à Anthony Provenzano, en fiducie, pour la somme de 30 420 $, TVH en sus, en vertu d’une convention d’achat qui a été reçue.

 

 

DOCUMENTATION

 

1.      City Manager’s report dated 9 November 2011 (ACS2011-CMR-REP-0026).


Report to/Rapport au:

 

Finance and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

9 November 2011 / le 9 novembre 2011

 

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

 

Contact Person/Personne resource: Robin Souchen, Manager, Realty Services Branch,

Real Estate Partnerships and Development Office/Gestionnaire, Direction des services immobiliers, Bureau de partenaires immobiliers et du

Développement

(613) 580-2424 x 21549, Robin.Souchen@ottawa.ca

 

Orléans (1)

Ref N°: ACS2011-CMR-REP-00026

 

 

SUBJECT:

sale of land – 3773 ST.  JOSEPH  BOULEVARD

 

 

OBJET :

VENTE DE TERRAIN – 3773 boulevard st. joseph

 

 

REPORT RECOMMENDATIONS

 

That the Finance and Economic Development Committee recommend Council:

 

1.         Declare the property identified as Parcel A on Document 1 attached, containing a total area of approximately 949.6 m2 (10,221 .74 square feet), described as being part of Lot 34, Concession 1 (O.S.), geographic Township of Cumberland  (Parts 13, 14, 15, 16 and 17, Plan 4R-24002), now in the City of Ottawa as surplus to the City’s needs;

 

2.         Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act; and

 

3.         Approve the sale of the property detailed in Recommendation 1, subject to any easements that may be required to Anthony Provenzano, In Trust for the amount of $30,420 plus HST if applicable, pursuant to an Agreement of Purchase and Sale that has been received.

 


 

RECOMMANDATIONS DU RAPPORT

 

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

 

1.         De déclarer la propriété indiquée par la parcelle A dans le document 1, ci-annexé, ayant une superficie totale d’environ 949,6 m2 (10 221,74 pieds carrés) et décrite comme une partie du lot 34, concession 1 (O.S.), canton géographique de Cumberland (partie 13, 14, 15, 16 et 17 dans le plan 4R-24002), maintenant dans la ville d’Ottawa, comme excédentaire par rapport aux besoins de la Ville;

 

2.         De surseoir au droit des anciens propriétaires d’acheter la parcelle décrite à la recommandation 1, comme le prévoit l’article 42 de la Loi sur l’expropriation; et

 

3.         D’approuver la vente de la propriété décrite à la recommandation 1, sous réserve des servitudes requises, à Anthony Provenzano, en fiducie, pour la somme de 30 420 $, TVH en sus, en vertu d’une convention d’achat qui a été reçue.

 

 

BACKGROUND

 

The subject property, identified as Parcel A on Document 1 attached, is located on the north side of St. Joseph Boulevard and is adjacent to the off-ramp to Regional Road 174. The parcel was part of a larger property acquired by the Region of Ottawa-Carleton through expropriation in the 1990’s for road purposes. The subject property is non-viable and contains a total area of 949.6 square metres (10,221.75 square feet).  The land is zoned GM13[434] H(20) (General Mixed Use), which permits a wide variety of commercial and residential uses.

 

In 2006, Realty Services staff investigated the possibility of selling this property as well as the other lands identified as Parcels 1, 2, 3, 4, 5, B1 and B2 on Document 1 attached.  At that time Realty Services was advised by the Planning and Growth Management Department that it was premature to consider the sale of these lands until such time as a Municipal Servicing Study for the area was completed.

 

The Commercial Highway Special - (CHS) Lands Municipal Servicing Study was completed in 2008.  The objectives of the CHS Lands Municipal Servicing Study supplements the Orleans Towns Centre Transportation Study from 2005 which purpose was to determine servicing related impacts, including transportation associated with future development.  The study recommended a 15m setback from the top of the bank from Brisebois Creek and that the storm, sanitary and water extensions be constructed through a future east-west private/public roadway and that the City owned lands and other development parcels occur in conjunction with the lands to the north.  The study also recommended that access be limited to St. Joseph Boulevard and where accesses existed, that they be limited to right-in and right-out.  

 

A circulation was then undertaken to determine if there was a City mandated requirement to retain these properties.  No City requirement was indicated and negotiations were commenced to sell these properties to the abutting property owners for development, subject to the CHS Lands Municipal Servicing Study.

 

On 8 July 2009, City Council considered the following recommendations to declare Parcel A surplus to City requirements together with the other lands, and the sale of these lands to the abutting property owners:

 

o   Declare Parcels 1, 2, 3, 4, 5, A and B on Document 1 attached, surplus to City requirements; 

 

o   Waive the former owners’ right to purchase the parcels expropriated; and

 

o   Approve the sale of Parcels 3 and 5 to 154775 Canada Inc. and Parcels 1, 2, 4, A, and B to Anthony Provenzano, In Trust.

 

As a result of a motion, City Council amended the recommendations declaring Parcels 1, 2, 3, 4, 5 and B1 and B2, surplus to City requirements. The subject property (Parcel A) was inadvertently omitted from the amended recommendations and was not declared surplus.

 

Parcels 1 - 5 and Parcel B1 were offered to the abutting owners.  Parcel B2 was offered for sale to Mrs. Fernande Brisebois, the owner of the property at the time the land was expropriated by the Region. Mrs. Brisebois confirmed that she was not interested in purchasing Parcel B2 and waived her right to re-purchase Parcel B2.  This property was subsequently declared surplus by the Director of Real Estate Partnerships and Development office under delegated authority, with the concurrence of the Ward Councillor.

 

Mrs. Brisebois who was also the former owner of the subject property (Parcel A), was advised that staff would be recommending that City Council waive her former owner’s right to re-purchase, because the property was an integral part of the objectives of the CHS Lands Municipal Servicing Study for access to the future development of the surround lands.

 

The purpose of this report is to declare Parcel A surplus, waive the former owner’s rights under the Expropriations Act and approve the sale of the property to Anthony Provenzano, In Trust.

 

 

DISCUSSION

 

Parcel A is a non-viable property located on the east side of the off-ramp to Regional Road 174 abutting privately owned land, owned by Anthony Provenzano, In Trust.  The property is required by Mr. Provenzano, to facilitate the construction of an internal road, through his property, parallel to St. Joseph Boulevard, and to provide servicing for his future development as well as the future development of privately owned lands to the east, in accordance with the CHS Lands Municipal Servicing Study requirements.  

 

The Region of Ottawa-Carleton expropriated Parcel A by Plan N636143 registered on 6 October 1992. Under the Expropriations Act former owners have the first right of refusal to re-purchase at the purchase price being recommended unless waived by the approving authority.  As this property is non-viable and in order to achieve the City objectives of the CHS Lands Municipal Servicing Study, it is recommended that the former owner’s right of first refusal be waived.

 

The property is being sold with a 0.30 metre reserve along the side of the property that abuts the off ramp from Regional Road 174, for the purpose of ensuring that site servicing and access to this parcel is in accordance with the provisions of the CHS Lands Municipal Servicing Study approved by City Council on 28 November 2007.

 

The sale price for the property is supported by in-house and independent appraisals.  The offer is considered fair and reasonable and is recommended for acceptance.

 

 

ENVIRONMENTAL IMPLICATIONS

 

Infrastructure Services and Community Sustainability Portfolio has advised that these properties are within an area that was studied as part of the CHS Lands Municipal Servicing Study EA.  This study identified the forests that are not adjacent to the Creek (greater than 15m) as having no significance but indicated that the forests adjacent to the Creek should be maintained.  Additionally the Urban Natural Areas Environmental Evaluation Study (UNAEES) did not identify these properties as an urban natural area.  The Creek is not located on the lands considered for proposal.  Since the properties being sold do not have any identified significant environmental features and the redevelopment will be subject to Official Plan Policies, the Infrastructure Services and Community Sustainability Portfolio has no objections to the sale of these properties.

 

 

RURAL IMPLICATIONS

 

N/A

 

 

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, Infrastructure Services and Community Sustainability and City Operations as well as the Ward Councillor, to determine if the property was required for a City mandated program. The Environmental Sustainability Branch of the Community Sustainability Department was consulted with respect to the Greenspace Master Plan and their comments are indicated under the Environmental Implications section of this report. 

 

There were no objections or concerns expressed from the Ward Councillor at the time of the circulation, or any other City Department.

 

The utility companies were also circulated and no interest was expressed in the retention of an easement other than those that are currently registered on title.

 

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 property by any of the Advisory Committees.

 

The Ward Councillor has been consulted with respect to this report and his comments are indicated under Comments by Ward Councillor section below.

 

 

COMMENTS BY THE WARD COUNCILLOR

 

Ward 1 - Councillor Monette – I concur with the report and the sale of the property.

 

 

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 property is zoned GM13 [434] H(20) – General Mixed Use.  Although residential uses are permitted under the General Mixed Use zoning, the subject property falls within GM 13 zone which does not permit residential uses and therefore this property does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 


 

LEGAL IMPLICATIONS

 

There are no legal impediments to implementing any of the recommendations arising from this report.

 

 

RISK MANAGEMENT IMPLICATIONS

 

There are no risk implications.

 

 

CITY STRATEGIC PLAN

 

N/A

 

 

TECHNOLOGY IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $30,420 to the Corporation and will be credited to the City’s Sale of Surplus Land Account.

 

 

ACCESSIBILITY IMPACTS

 

There are no accessibility impacts to implementing any of the recommendations arising from this report.

 

 

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 transactions.

 


 

DOCUMENT 1’