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4. PROPERTY ACQUISITION - URBAN NATURAL FEATURE UNA #22 – BRIDLEWOOD
CORE PARK – URBANDALE CORPORATION ACQUISITION
DE TERRAIN – caractéristique naturelle urbaine, ZUN No
22 – PARC CENTRAL BRIDLEWOOD – URBANDALE CORPORATION |
COMMITTEE RECOMMENDATION
That Council
approve the acquisition of a vacant parcel of land owned by Urbandale
Corporation and comprising the Urban Natural Feature UNA #22 consisting of land
located on Stonehaven Drive
described as Part Lots 30 and 31 and Part of the Road Allowance (as closed)
Concession 6 (Rideau Front), Geographic Township of Nepean, formerly City of
Kanata, now City of Ottawa, being further described as PIN 04470-0504 and shown
on Annex “A”, attached, for the consideration of $4,200,000 plus GST,
made pursuant to Section 30 of the Expropriations Act, as amended.
RECOMMANDATION
DU COMITÉ
Que le
Conseil approuve l’acquisition d’un terrain vacant appartenant à Urbandale
Corporation, englobant la ZUN no 22 de caractéristique naturelle
urbaine, situé sur la promenade Stonehaven et décrit comme étant les parties 30
et 31 ainsi que la partie de l’emprise routière (fermée), concession 6 (façade Rideau), canton géographique de Nepean, anciennement
Ville de Kanata, maintenant dans la Ville d’Ottawa, autrement décrit comme
étant le NIP 04470-0504 et illustré sur l’annexe A ci-jointe, pour un montant
de
4 200 000 $ plus TPS, achat qui serait conforme à l’article 30
de la Loi sur l’expropriation, modifiée.
DOCUMENTATION
1. City Manager’s report dated 20 February (ACS2008-CMR-CPO-0006).
Report to/Rapport au :
Corporate Services and Economic Development
Committee
Comité des services organisationnels et du développement économique
20 February 2009/ le 20 février 2009
Submitted by/Soumis par: Kent Kirkpatrick, City Manager / directeur municipal
Contact
Person/Personne-ressource: Gordon MacNair, Manager, Real Estate Services,
Corporate
Project Office / gestionnaire, Services immobiliers,
Bureau des
projets municipaux
(613)
580-2424 x 21217, Gordon.MacNair@Ottawa.ca
REPORT RECOMMENDATION
That the Corporate Services
and Economic Development Committee recommend Council approve the acquisition of
a vacant parcel of land owned by Urbandale Corporation and comprising the Urban
Natural Feature UNA #22 consisting of land located on Stonehaven Drive described as Part Lots 30 and 31 and Part
of the Road Allowance (as closed) Concession 6 (Rideau Front), Geographic
Township of Nepean, formerly City of Kanata, now City of Ottawa, being further
described as PIN 04470-0504 and shown on Annex “A”, attached, for the
consideration of $4,200,000 plus GST, made pursuant to Section 30 of the Expropriations
Act, as amended.
RECOMMANDATION DU
RAPPORT
Que le Comité des services
organisationnels et du développement économique recommande au
Conseil d’approuver l’acquisition d’un terrain vacant appartenant à Urbandale
Corporation, englobant la ZUN no 22 de caractéristique naturelle
urbaine, situé sur la promenade Stonehaven et décrit comme étant les parties 30
et 31 ainsi que la partie de l’emprise routière (fermée), concession 6 (façade Rideau), canton géographique de Nepean, anciennement
Ville de Kanata, maintenant dans la Ville d’Ottawa, autrement décrit comme
étant le NIP 04470-0504 et illustré sur l’annexe A ci-jointe, pour un montant
de
4 200 000 $ plus TPS, achat qui serait conforme à l’article 30
de la Loi sur l’expropriation, modifiée.
BACKGROUND
The Urban Natural Features Strategy
adopted by Council in 2007 (ACS2007-PTE-POL-002) entailed acquisition of
15 privately owned woodlots over a 10-year period. The woodlots were selected for acquisition
on the basis of a citywide evaluation of the environmental value of all
remaining woodlots over 0.8 hectares in the urban area. All
privately owned woodlots that were assessed as having high or moderate
environmental values and that were not already committed to other uses were
recommended for acquisition. The order in which each would be acquired largely reflected time-to-development, with those located
within lands close to development given higher priority than those in areas
with a longer time period before development.
Under the Strategy, the priority areas for acquisition, other than the
six areas already designated Urban Natural Feature in the Official Plan, would
be added to the Official Plan by amendment only after acquisition by the
City. The Urban Natural Feature
Strategy was also subject of a report ACS2008-ICS-ECO-0031 to Planning and
Environment Committee and Council in November 2008 to address acquisition
priorities and funding requirements in the 2009 Budget deliberations.
Evaluated in August 2003 as part
of the Urban Natural Areas Environmental Evaluation Study (UNAEES), Urban
Natural Area Site #22 (UNA #22) was determined to have a high ecological
significance. The site has been described as a superb urban
woodlot that consists of an upland maple deciduous forest with small groves of
hemlock and white pine. The relatively
mature forest has a tall and intact canopy that shades to the sandy forest
floor. Several significant species have
been observed in the forest, including the Red-shouldered Hawk and two
regionally uncommon plant species (New York Fern and Hay-scented Fern).
Some of the elements that contribute to
the high ecological rating are:
·
the moderate biodiversity of native plant species, which
indicate unlike many urban woodlots, invasive plants like buckthorn have had a
minimal impact;
·
the size and shape of the woodlot provides a small amount of
interior habitat;
·
several rare species of flora and fauna are present;
·
the spring ponds that provide habitat for spring breeding
for amphibians.
UNA #22 consists of a 3.41ha (8.40 acre) parcel shown on Annex “A” attached hereto, which is owned by Urbandale Corporation. The property is designated General Urban Area in the Official Plan and zoned R5A - Residential Type 5A zone in former City of Kanata Zoning By-Law, and R5A H (30) - Residential Fifth Density Zone in City of Ottawa Comprehensive Zoning By-Law 2008-50. In keeping with the assigned zoning, the property is planned for improvement in medium density residential uses and more specifically a seniors residential complex is seemingly under consideration for part of the parcel.
The subject property is identified as Category 2 land in the Urban Natural Features Strategy. This category includes all, or a portion of, the high or moderate-rated urban natural areas recommended for protection that are not designated Urban Natural Feature in the Official Plan. Moreover, the subject is one of the high-rated privately owned natural areas that are recommended for acquisition and where the planning status of the property still enables to protect the natural feature through acquisition. In the event the natural feature cannot be protected in part or in whole by the City through securement options available, development of the land is most likely to proceed in accordance with the direction set out in the Official Plan and Zoning By-Law.
DISCUSSION
At the request of the Environmental Sustainability Division - Natural Systems Unit, negotiations with Urbandale Corporation were undertaken to acquire the fee simple interest in the UNA #22 lands. Although the property owner does not object to selling the subject property and despite the efforts of both parties, a final settlement of compensation has not been reached. However, negotiations have resulted in an Agreement pursuant to Section 30 of the Expropriations Act, R.S.O. 1990, cE26, as amended, whereby the lands described will be conveyed by the owner, without prejudice for the consideration of $4,200,000, which is the City’s estimate of market value for the land that is supported by two independent appraisals completed on its behalf.
In accordance with the intent of the Agreement, best efforts on the part of the City will continue in order to reach a negotiated settlement with the owner. However, if deemed necessary, parties retain the right to request a hearing before the Board of Negotiation and ultimately, the Ontario Municipal Board (OMB) to settle matters of compensation. The merit of this approach is that it will allow the City to secure the protection of the subject lands without undue delay, while protecting the property owner’s rights provided under the Expropriations Act to seek fair compensation in exchange for the land.
This offer of compensation made pursuant to Section 30 of the Expropriations Act is recommended for approval.
ENVIRONMENTAL IMPLICATIONS
In accordance with the terms and conditions of the Property Acquisition Agreement, a Phase 1 Environmental Site Assessment (ESA) will be completed on behalf of the City as part of the due diligence prior to completion of this transaction.
CONSULTATION
Public consultation on the Urban Natural Features Strategy included public information meetings held in June 2005 at six locations across the City, as well as City Hall on 2 May 2006. In addition, meetings were held throughout 2005-2006 with stakeholders and landowners detailed in report ACS2007-PTE-POL-002.
The Ward Councillor is aware of the Urban Natural Features Strategy and supports the recommendations of this report.
FINANCIAL STATEMENT
Funds are available within 904330 Natural Area Acquisition (Urban).
LEGAL/RISK MANAGEMENT
There are no legal/risk management
impediments to implementing any of the recommendations arising from this
report.
SUPPORTING DOCUMENTATION
Attached as Annex “A” is a sketch showing the lands to be acquired.
DISPOSITION
Following Council’s approval, the Corporate Project Office and Legal Services Branches will finalize the transaction.
