11.    SALE OF LAND – Part of Lane ADJACENT TO 881, 891 bELLEVUE AVENUE AND 890, 900 CHURCHILL AVENUE SOUTH


VENTE DE LA PROPRIÉTÉ – partie de la voie – AdjacentE aux nos 881 à 891 de l’avenue Bellevue et AUX nos 890 à 900 de L’avenue Churchill sud

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 267.6 m2, described as being part of the lane on Registered Plan 357 located adjacent to 881-891 Bellevue Avenue and 890-900 Churchill Avenue South, in the City of Ottawa, subject to final survey and subject to the road being stopped up and closed by By-law, as surplus to the City’s needs;

 

2.                  Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to D & R Parker Holdings Ltd., for the amount of $19,175, plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

 

RECOMMENDATIONS DU COMITÉ

 

Que le Conseil :

 

1.         déclare excédentaire aux besoins de la Ville le lot vacant illustré à l’Annexe A ci-jointe, correspondant à environ 267,6 m2 et décrit, dans le plan enregistré 357, comme faisant partie de la voie adjacente aux nos 881 à 891 de l’avenue Bellevue et aux nos 890 à 900 de l’avenue Churchill Sud, à Ottawa, sous réserve du dernier levé et de la fermeture de la route par règlement;

 

2.         approuve la vente de la propriété détaillée dans la recommandation 1, en tenant compte de toute servitude applicable, à D & R Parker Holdings Ltd., pour la somme de 19 175 $, TPS en sus, en vertu de la convention d’achat et de vente reçue.

 

 

Documentation

 

1.                  Chief Corporate Services Officer’s report dated 09 February 2006
(ACS2006-CRS-RPM-0014).

2.                  Extract of Draft Minute, 21 February 2006.

 

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

09 February 2006/ le 09 février 2006

 

Submitted by/Soumis par : Greg Geddes, Chief Corporate Services Officer/

Chef des Services généraux

 

Contact Person/Personne ressource : Gordon MacNair, Acting Manager

Real Property Asset Management/Gestion des actifs et des biens immobiliers

(613) 580-2424 x 22217, Gordon.MacNair@ottawa.ca

 

River (16)

Ref N°: ACS2006-CRS-RPM-0014

 

 

SUBJECT:

SALE OF LAND – Part of Lane – Adjacent to 881, 891 Bellevue Avenue and 890, 900 Churchill Avenue South

 

 

OBJET :

VENTE DE LA PROPRIÉTÉ – partie de la voie – AdjacentE aux nos 881 à 891 de l’avenue Bellevue et AUX nos 890 à 900 de L’avenue Churchill sud

 

 

REPORT RECOMMENDATIONS

 

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

 

1.        Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 267.6 m2, described as being part of the lane on Registered Plan 357 located adjacent to 881-891 Bellevue Avenue and 890-900 Churchill Avenue South, in the City of Ottawa, subject to final survey and subject to the road being stopped up and closed by By-law, as surplus to the City’s needs;

 

2.         Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to D & R Parker Holdings Ltd., for the amount of $19,175, 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 que le Conseil :

 

1.         déclare excédentaire aux besoins de la Ville le lot vacant illustré à l’Annexe A ci-jointe, correspondant à environ 267,6 m2 et décrit, dans le plan enregistré 357, comme faisant partie de la voie adjacente aux nos 881 à 891 de l’avenue Bellevue et aux nos 890 à 900 de l’avenue Churchill Sud, à Ottawa, sous réserve du dernier levé et de la fermeture de la route par règlement;

 

2.         approuve la vente de la propriété détaillée dans la recommandation 1, en tenant compte de toute servitude applicable, à D & R Parker Holdings Ltd., pour la somme de 19 175 $, TPS en sus, en vertu de la convention d’achat et de vente reçue.

 

 

BACKGROUND

 

The subject property is a T-shaped lane running between Bellevue Avenue and Churchill Avenue South, north of Laperriere Avenue.  The portion of the lane to be closed contains an area of approximately 267.6 m2, is untravelled and already forms part of the purchaser’s property.

 

The purchaser is proposing to assemble the lands from the lane closure with existing lands and develop the new site as an automotive service centre.

 

The application submitted to the Development and Growth Management Department to close the subject lane, has been approved, subject to the following conditions:

 

  1. Notice of the proposed closing shall be given in accordance with By-law 2002-522;

 

  1. A conveyance of a closed road shall be at current market value in accordance with By-law 2002-38;

 

  1. 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);

 

  1. 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, showing the lane, 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 lane 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(s) of Purchase and Sale shall have been entered into by the City and the applicant/purchaser(s) for the closed road;

 

  1. Should the conditions in 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.

 

  1. 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 to be completed pursuant to an Agreement of Purchase and Sale.

 

 

DISCUSSION

 

An agreement has been reached with the abutting owner, D & R Parker Holdings Ltd., to purchase the subject portion of lane.  The parcel is shown on the attached Annex “A” and is legally described as part of the lane lying at the rear of Lots 55 to 60 and Lots 74 to 79, Registered Plan 367 and part of the lane lying north of Lots 5 to 11, Registered Plan 367.  The agreement is subject to the conditions of the road closing approval and any easements that may be required.

 

The zoning of the City property is IP – Industrial Business Park Zone.  The subject lane already forms part of the purchaser’s holdings and the intended use is to consolidate ownership for the purpose of constructing an automotive service centre. The use is consistent with the current zoning. Rezoning is not being contemplated.

 

The sale price of the lane is $19,175 and is within the market value range established by an independent appraisal report.  The recommended sale price includes $2,675 for the cost of the City’s appraisal pursuant to the conditions of the road closing approval.

 

The offer is considered fair and reasonable and is recommended for acceptance.

 

 

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 Housing Branch, Public Works and Services and Planning and Growth Management Services, to determine if the parcel should be retained for a City mandated program.  Consultation was also undertaken with Planning and Growth Management Services, Environmental Management Group, 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.

 

The circulation of this property predated the implementation of the new circulation practices and only the Local Architectural Conservation Advisory Committee Co-ordinator was circulated.

 

The utility companies were also circulated and no requirements were indicated.

 

The ward Councillor has been made aware of the intent to dispose of the subject property and supports staff’s recommendation.

 

 

ENVIRONMENTAL IMPLICATIONS

 

There are small positive environmental implications associated with this proposed lane closing and sale of properties.  These positive impacts include maintenance of the existing permeable surface (not paved) that will see more storm water infiltration and less runoff to storm sewers than with a paved surface.  As well, the area will not see an increase in contaminants into the immediate local air quality that could result from vehicle movement if the lane were opened.  These parcels do not include any identified ecologically significant lands. 

 

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 and is zoned industrial.  The property therefore does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $19,175 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.

 

 

 

 

 

            SALE OF LAND – Part of Lane ADJACENT TO 881, 891 bELLEVUE AVENUE AND 890, 900 CHURCHILL AVENUE SOUTH

VENTE DE LA PROPRIÉTÉ – partie de la voie – AdjacentE aux nos 881 à 891 de l’avenue Bellevue et AUX nos 890 à 900 de L’avenue Churchill sud

ACS2006-CRS-RPM-0014

 

Councillor McRae sought confirmation from staff that there had been no objections from the community to this proposed sale.  Steve Finnamore, Director, Real Property Asset Management confirmed there had been no objections to the sale of this land nor had there been any objection to the road closing (i.e. through the planning process). 

 

Upon hearing this, Councillor McRae indicated she was prepared to support the staff report. 

 

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

 

1.         Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 267.6 m2, described as being part of the lane on Registered Plan 357 located adjacent to 881-891 Bellevue Avenue and 890-900 Churchill Avenue South, in the City of Ottawa, subject to final survey and subject to the road being stopped up and closed by By-law, as surplus to the City’s needs;

 

2.         Approve the sale of the land detailed in Recommendation 1, subject to any easements that may be required, to D & R Parker Holdings Ltd., for the amount of $19,175, plus GST, pursuant to an Agreement of Purchase and Sale that has been received.

 

                                                                                                CARRIED