6.       SALE OF LAND – Part of Hazeldean Road, Irwin Gate and Bachman Terrace


VENTE DE TERRAIN - PARTIE DU CHEMIN HAZELDEAN, D'IRWIN GATE ET DE LA TERRASSE BACHMAN

 

 

COMMITTEE RECOMMENDATIONS

 

That Council:

 

1.                  Declare a vacant parcel of land shown on Annex “A” attached, containing approximately 834 m2, being parts of Hazeldean Road, Irwin Gate and Bachman Terrace, described as Part of Lot 32, Concession 11, geographic Township of Goulbourn, 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.                  Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act;

 

3.                  Approve the sale of the land detailed in Recommendation 1, subject to required easements, to John Saracino, In Trust, for the amount of $88,180, 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 une parcelle de terrain vacant indiquée à l’Annexe « A » ci-jointe, d’une surface approximative de 834 m2, faisant partie du chemin Hazeldean, d’Irwin Gate et de la terrasse Bachman et décrite comme une partie du lot 32, concession 11, canton géographique de Goulbourn dans la ville d’Ottawa, sous réserve du levé final et de la fermeture du chemin par règlement;

 

2.                  renonce aux droits des anciens propriétaires d’acheter la parcelle décrite dans la recommandation 1, conformément à l’article 42 de la Loi sur l’expropriation;

 

3.                  approuve la vente du terrain visé à la recommandation 1, sous réserve des servitudes requises, à John Saracino, In Trust, pour la somme de 88 180 $, TPS en sus, conformément à la convention d’achat-vente reçue.

 

 

Documentation

 

1.                  Chief Corporate Services Officer’s report dated 29 January 2006
(ACS2006-CRS-RPM-0018).

 

 

 

Report to/Rapport au :

 

Corporate Services and Economic Development Committee

Comité des services organisationnels et du développement économique

 

and Council / et au Conseil

 

29 January 2006/ le 29 janvier 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

 

Kanata – (4)

Ref N°: ACS2006-CRS-RPM-0018

 

 

SUBJECT:

SALE OF LAND – Part of Hazeldean Road, Irwin Gate and Bachman Terrace

 

 

OBJET :

VENTE DE TERRAIN - PARTIE DU CHEMIN HAZELDEAN, D'IRWIN GATE ET DE LA TERRASSE BACHMAN

 

 

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 834 m2, being parts of Hazeldean Road, Irwin Gate and Bachman Terrace, described as Part of Lot 32, Concession 11, geographic Township of Goulbourn, 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.         Waive the former owners’ right to purchase the parcel described in Recommendation 1, as provided for under Section 42 of the Expropriations Act;

 

3.         Approve the sale of the land detailed in Recommendation 1, subject to required easements, to John Saracino, In Trust, for the amount of $88,180, 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 excédentaire aux besoins de la Ville une parcelle de terrain vacant indiquée à l’Annexe « A » ci-jointe, d’une surface approximative de 834 m2, faisant partie du chemin Hazeldean, d’Irwin Gate et de la terrasse Bachman et décrite comme une partie du lot 32, concession 11, canton géographique de Goulbourn dans la ville d’Ottawa, sous réserve du levé final et de la fermeture du chemin par règlement;

 

2.         de renoncer aux droits des anciens propriétaires d’acheter la parcelle décrite dans la recommandation 1, conformément à l’article 42 de la Loi sur l’expropriation;

 

3.         d’approuver la vente du terrain visé à la recommandation 1, sous réserve des servitudes requises, à John Saracino, In Trust, pour la somme de 88 180 $, TPS en sus, conformément à la convention d’achat-vente reçue.

 

 

BACKGROUND

 

The subject property is part of Hazeldean Road, Irwin Gate and Bachman Terrace located adjacent to 415-417 Hazeldean Road.  415-417 Hazeldean Road is currently improved with two commercial buildings.  The portion of the roads to be closed contains a total area of approximately 834 m2.

 

The closure and conveyance of the subject road allowances will not impact on vehicular or pedestrian traffic and the remaining portions of roads will still meet the City of Ottawa Official Plan requirements.  The purchaser is proposing to redevelop his property by expanding the parking area and access lane.

 

The applications submitted to the Development and Growth Management Services Department to close these portions of Hazeldean Road, Irwin Gate and Bachman Terrace, have 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 the closed roads 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 roads, or portions 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 roads 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.

 

SPECIAL CONDITIONS OF ROAD CLOSING APPROVAL:

 

  1. The Owner/Applicant/Developer shall enter into an Electrical Servicing Agreement with Hydro Ottawa Limited if required, incorporating such terms and conditions as Hydro Ottawa deems appropriate.

 

  1. The Owner/Applicant/Developer shall, if required, provide at its cost, registered easements for Hydro Ottawa plant.  The need for services will depend on the electrical servicing design.

 

  1. All costs for relocation, protection of encasement of any existing street lighting affected by this development, will be the responsibility of the developer.

 

  1. As previously discussed with the developer, Hydro Ottawa has an existing underground plant along Hazeldean Road and Irwin Gate.  Construction of the new addition shall not begin until written confirmation is received that the relocation of Hydro Ottawa’s underground plant in this area is complete.

 

 

DISCUSSION

 

As a result of investigation, it was discovered that the portion of Hazeldean Road approved for closure with the intent of conveying the property to the abutting owner, was originally part of a larger holding that was expropriated.

 

The Ontario Ministry of Transportation expropriated the subject portion of Hazeldean Road in 1970 from Donald Alexander Davidson as part of Highway 7.  The roadway was subsequently transferred to the Region of Ottawa-Carleton in 1990.  Section 42 of the Expropriations Act indicates that lands that are expropriated, and are found to be surplus, are subject to the right of the former owner being able to purchase the property based on the best offer received by the expropriating authority.  This right to repurchase may be waived by the approving authority (City Council).

 

As the abutting owner would not have road frontage in this location if the former owner exercised his rights to repurchase the land, it is recommended that Council waive the former owners’ rights under the Expropriations Act.

 

An agreement has been reached with the abutting owner, John Saracino, In Trust, to purchase the subject portions of the roads.  The parcels are shown on the attached Annex “A” and are legally described as part of Lot 32, Concession 11, geographic Township of Goulbourn, being parts of Hazeldean Road, Irwin Gate and Bachman Terrace.  The agreement is subject to the conditions of the road closing approvals and any easements that may be required.

 

The zoning of the City property is CG-6 – General Commercial Zone.  The intended use by the purchaser is the consolidation with the abutting property known as 415-417 Hazeldean Road.  The use is consistent with the current zoning.  Rezoning is not being contemplated.

 

The recommended sale price of the road allowances is $85,980 and is within the market value range, established by an independent appraisal report.  The recommended sale price of $88,180 includes $2,200 for the cost of the City’s appraisal pursuant to the conditions of the road closing.

 

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.  The Environmental Management Group of the Planning and Growth Management Services Department was consulted 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 utility companies were also circulated and no requirements were indicated.

 

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

 

 

ENVIRONMENTAL IMPLICATIONS

 

There are no environmental implications associated with the sale of these parcels.

 

 

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 with a commercial zoning and, therefore, does not meet the affordable housing criteria outlined in the Housing First Policy.

 

 

FINANCIAL IMPLICATIONS

 

This transaction represents revenue of $88,180 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.