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7. SALE OF LAND - 632 ISLAND PARK DRIVE
VENTE DE TERRAIN – 632 RUE ISLAND PARK
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COMMITTEE RECOMMENDATIONS
That Council:
1. Declare as surplus to the City’s needs a parcel of non-viable vacant land described as that portion of the Lane at the rear of Lots 44 to 46 inclusive and that portion of the Lane west of Lot 46 on Registered Plan 220358 and shown as Parcel 2 on Document 1;
2. Declare as surplus to the City’s needs a parcel of non-viable vacant land described as Lot 43 on Registered Plan 220358 and shown as Parcel 3 on Document 1;
3. Waive City policy pertaining to the sale of land at market value and approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required to Kitchissippi United Church for $1.00, pursuant to an Agreement of Purchase and Sale that has been received; and
4. Approve the sale of the land outlined in Recommendation 2, subject to any easements that may be required to Kitchissippi United Church for $50,000 plus HST, pursuant to an Agreement of Purchase and Sale that has been received.
RECOMMANDATIONS DU COMITÉ
Que le Conseil :
1. déclare excédentaire, par rapport aux besoins de la Ville, la parcelle du bien-fonds vacant non exploitable formée de la partie de ruelle à l’arrière des lots 44, 45 et 46 inclusivement et de la partie de ruelle à l’ouest du lot 46 sur le Plan enregistré 220358 et correspondant à la parcelle 2 sur le document 1;
2. déclare excédentaire, par rapport aux besoins de la Ville, la parcelle du bien-fonds vacant non exploitable formée du lot 43 sur le Plan enregistré 220358 et correspondant à la parcelle 3 sur le document 1;
3. déroge à la politique municipale prévoyant la vente d’un bien-fonds à la valeur marchande et approuve la vente du bien-fonds décrit à la recommandation 1, sous réserve de toute servitude s’avérant nécessaire, à l’Église unie Kitchissippi pour 1 $, conformément à la convention d’achat et de vente reçue; et
4. approuve la vente du bien-fonds décrit à la recommandation 2, sous réserve de toute servitude s’avérant nécessaire, à l’Église unie Kitchissippi pour 50 000 $, TVH en sus, conformément à la convention d’achat et de vente reçue.
DOCUMENTATION
1. City Manager’s report dated 8 February 2012 (ACS2012-CMR-REP-0007).
Report to/Rapport au :
Finance and Economic Development Committee
Comité des finances et du développement économique
and Council / et au Conseil
8 February 2012 / le 8 février 2012
Submitted by/Soumis par : Kent Kirkpatrick, City Manager/Directeur municipal
Contact Person/Personne ressource: 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.
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OBJET : |
REPORT RECOMMENDATIONS
That the Finance and Economic Development Committee recommend Council:
1. Declare as surplus to the City’s needs a parcel of non-viable vacant land described as that portion of the Lane at the rear of Lots 44 to 46 inclusive and that portion of the Lane west of Lot 46 on Registered Plan 220358 and shown as Parcel 2 on Document 1;
2. Declare as surplus to the City’s needs a parcel of non-viable vacant land described as Lot 43 on Registered Plan 220358 and shown as Parcel 3 on Document 1;
3. Waive City policy pertaining to the sale of land at market value and approve the sale of the land outlined in Recommendation 1, subject to any easements that may be required to Kitchissippi United Church for $1.00, pursuant to an Agreement of Purchase and Sale that has been received; and
4. Approve the sale of the land outlined in Recommendation 2, subject to any easements that may be required to Kitchissippi United Church for $50,000 plus HST, 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. déclare excédentaire, par rapport aux besoins de la Ville, la parcelle du bien-fonds vacant non exploitable formée de la partie de ruelle à l’arrière des lots 44, 45 et 46 inclusivement et de la partie de ruelle à l’ouest du lot 46 sur le Plan enregistré 220358 et correspondant à la parcelle 2 sur le document 1;
2. déclare excédentaire, par rapport aux besoins de la Ville, la parcelle du bien-fonds vacant non exploitable formée du lot 43 sur le Plan enregistré 220358 et correspondant à la parcelle 3 sur le document 1;
3. déroge à la politique municipale prévoyant la vente d’un bien-fonds à la valeur marchande et approuve la vente du bien-fonds décrit à la recommandation 1, sous réserve de toute servitude s’avérant nécessaire, à l’Église unie Kitchissippi pour 1 $, conformément à la convention d’achat et de vente reçue; et
4. approuve la vente du bien-fonds décrit à la recommandation 2, sous réserve de toute servitude s’avérant nécessaire, à l’Église unie Kitchissippi pour 50 000 $, TVH en sus, conformément à la convention d’achat et de vente reçue.
BACKGROUND
The Kingsway United Church, now the Kitchissippi United Church, is located on the south side of the Ottawa Queensway at the intersection of Island Park Drive and Byng Avenue as shown on the sketch attached as Document 1.
In 1949 the Kingsway United Church purchased three building lots from the Royal Ottawa Sanitorium for the purpose of erecting a church. When construction began in the early 1950’s several operating rail lines were situated within the corridor now occupied by the Ottawa Queensway. At that time, Diana Street was a travelled City street, which extended in an east-west direction along the southerly limit of the rail corridor. The church was constructed along the southerly limit of Diana Street, which provided both pedestrian and vehicular access to the facility. However, a portion of the church building as well as its driveway access to Diana Street were constructed on Lot 43, which was and continues to be owned by the City of Ottawa. Lot 43 is shown as Parcel 3 on Document 1.
Situated adjacent to the three building lots is a City-owned lane, which is shown as Parcel 2 on Document 1. When the church was originally constructed in the 1950’s, with the exception of the portion built on Lot 43, the structure was contained within the limits of the three building lots. In 1960 the Church purchased additional land from the City for the purpose of constructing an addition to the existing church structure. The additional parcel of land was situated between the easterly limit of the City-owned lane and the westerly limit of Byng Drive, identified as PIN 04026-0003 on Document 1. Since the lane was not closed by by-law and remained under City ownership, it split the Church’s property into two separate parcels. However, for reasons unknown the City issued a building permit which allowed the church to be extended across the lane and onto the additional land acquired in 1960. As a result, a portion of the church was constructed on the City-owned lane.
DISCUSSION
In 2008 the Kitchissippi United Church contacted the City of Ottawa with a request for assistance in resolving title and access problems affecting the Church property, which began with the construction of the church and its occupation of City-owned Lot 43, and later with construction of an addition to the church and its occupation of a City-owned public lane.
Available records provide no evidence as to why in 1950 the Church constructed and the City allowed a portion of the church structure together with its driveway to be constructed on Lot 43, or why in 1960 the City did not close and sell the subject lane to the Church when it purchased the abutting lands. Failing availability of any such evidence, and in order to resolve the issues, each of the parties agreed to assume liability in creating the problems. Recognizing that the Church should not have constructed its driveway or any portion of its building on Lot 43, the Church has agreed to purchase Lot 43 for $50,000 subject to any easements required by the City. Recognizing that the City should not have issued a building permit allowing construction to occur on a public lane, as part of the negotiated settlement and with concurrence by Legal Services, the City has agreed to close the lane and transfer its title to the Church for $1.00.
Lot 43 is situated in an L1 – Community Leisure Facility Zone. An internal appraisal estimates the value of Lot 43 to be $50,000. This is a discounted value to reflect the fact that Lot 43 is to be sold subject to easement rights in favour of the City to accommodate the Cave Creek Collector Sewer which is situated on the property.
The subject lane is situated in an I1 – Minor Institutional Zone, which recognizes place of worship as a permitted use. As a result of the lane’s configuration, and because it is partially improved with a church structure, it is considered to be a non-viable property. An internal appraisal estimates the value of the lane to be $138,000.
On 10 December 2009 the Planning and Growth Management Department approved the lane closure, subject in part to it being acquired by the Church.
The Church has submitted an Agreements of Purchase and Sale to acquire the Lane and Lot 43 as outlined above. This settlement is judged to be fair and reasonable and in the City’s best interest, as it will resolve title and access problems created by both parties during construction of the church and the addition to the church.
ENVIRONMENTAL IMPLICATIONS
The Land Use and Natural Systems unit does not object to the sale of this previously developed property in order to resolve the outstanding land title issues.
The subject property is not identified as part of the City’s Greenspace Network in the Greenspace Master Plan. Aerial photography and available natural heritage information sources do not suggest that the property contains any significant features of the natural heritage system or that it performs any significant ecological functions. The nearest known feature of the City’s natural heritage system is Hampton Park Woods, located over 200 m west of the property on the other side of the Queensway.
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 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 Land Use and Natural Systems Unit of the Infrastructure Services and Community Sustainability Portfolio was consulted with respect to the City’s natural heritage system and related policies in the Official 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)
COMMENTS BY THE WARD COUNCILLOR
Ward 15 Councillor Hobbs – I am aware of the report and its recommendations.
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 lane is zoned I1 – Minor Institutional Zone, which identifies housing as a permitted use. However, the Lane is being sold for $1.00, so no funds from this transaction will be credited to the Housing Reserve Fund.
Lot 43 is zoned L1 – Community Leisure Facility Zone, which does not identify housing as a permitted use. Since it does not meet the affordable housing criteria outlined in the Housing First Policy, no funds from this transaction will be credited to the Housing Reserve Fund.
LEGAL IMPLICATIONS
There are no legal impediments to approving any of the recommendations in this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk management impediments to implementing any of the Recommendations arising from this Report.
CITY STRATEGIC PLAN
N/A
TECHNOLOGY IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
The sale of the Lane represents revenue of $1.00 to the Corporation, and the sale of Lot 43 represents revenue of $50,000, which will be credited to the City’s Sale of Surplus Land Account.
ACCESSIBILITY IMPLICATIONS
N/A
SUPPORTING DOCUMENTATION
Attached as Document 1 is a Property Sketch showing the subject lane as Parcel 2 and Lot 43 as Parcel 3.
DISPOSITION
Following approval, Realty Services Division and Legal
Services Branch will finalize the Agreements of Purchase and Sale.
DOCUMENT 1
