HomeMy WebLinkAboutPD-58-95 Dx: LMD.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # i
Date: Monday, June 5, 1995 Res. #L2r)
Report #: PD_F,u_�5 File #: By-law
Subject: CLARINGTON PLACE PROPOSED PURCHASE OF MUNICIPAL OWNED LANDS
WEST SIDE OF BOWMANVILLE FIRE STATION - HIGHWAY NO. 2
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-58-95 be received;
2 . THAT Council declares approximately 1. 67 acres of land west of
the Ken Hooper Memorial Fire Station, north side of Highway
No. 2 as surplus;
3 . THAT Council approves the sale of said surplus lands for the
sum of $410, 000. 00 and as per the terms and conditions of the
Offer to Purchase dated April 24, 1995 and subject to the
usual adjustments;
4 . THAT the proceeds from the sales of land be credited to
Parkland Reserve Account;
5. THAT the necessary by-law be passed authorizing the Mayor and
the Clerk to execute the Purchase and Sale Agreement; and
6. THAT Clarington Place Ltd. and his solicitor, Mr. Ron Worboy
be so advised.
1. BACKGROUND:
1. 1 In April 1994, the Chief Administrative Officer presented a
verbal report to Council advising that Mr. Glen Wilson of
Clarington Place Ltd. has expressed an interest in acquiring
the lands between his property and the Ken Hooper Memorial
Fire Station on the north side of Highway No. 2 or
alternatively, to exchange for lands he owned west of the
. . .2
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REPORT NO. : PD-58-95 PAGE 2
baseball diamonds. Subsequently, Council authorized an
appraisal of the property in question. The appraisal report
was completed in May, 1994.
1.2 Although the appraisal report was completed, there was no
further action as the Ontario Municipal Board Hearing was
still ongoing at that time.
1. 3 The decision of the Board was rendered in November, 1994 .
Upon review of the decision, Mr. Wilson indicated that he was
prepared to proceed on the basis of an outright purchase. The
Chief Administrative Officer advised Council of same and was
authorized to take further action and to bring a report back
to Council for consideration.
1.4 During the last few months, there have been several
discussions between Mr. Wilson and Municipal staff with
respect to the proposed land sale and other matters related to
it. As a result, Clarington Place Ltd. submitted an Offer of
Purchase to the Municipality to purchase approximately 1. 67
acres of land on the west side of the Fire Station (see
Attachment No. 1) .
2. SUMMARY OF THE OFFER OF PURCHASE AND COMMENTS
2 . 1 The purchase price is $410,000. 00 which is based on the
appraisal report of May, 1994 as commissioned by the
Municipality.
In order to ensure the appraised value is still valid after
one (1) year, staff obtained an update from the appraiser who
confirmed that the property evaluation of May, 1994 is still
relevant in today's market.
. . . 3
532
REPORT NO. : PD-58-95 PAGE 3
2 .2 The Offer of Purchase contains, among the usual terms and
conditions, two special conditions which we would like to
highlight for Council's information.
a) Prior to closing, the application for rezoning and
by-law amendment be passed to allow Mr. Wilson to
proceed with his movie theatre, restaurant uses.
b) Amendment be made to the Servicing Agreement
whereby Mr. Wilson will be responsible for the
construction of Street E.
These conditions were negotiated to the satisfaction of both
parties. The first condition is for the obvious protection of
the Purchaser and is considered fair and necessary. The
second condition will benefit the Municipality as Street E
will provide alternate access to the Fire Station at no cost
to the Municipality.
2 .3 The Offer of Purchase has been reviewed by the Municipality's
solicitor and is now in a form suitable for execution.
3 . PROCEDURAL REQUIREMENTS AND COMMENTS
3 . 1 In accordance with the procedures governing the sale of public
lands as contained in By-law 95-22 , the Municipality is
required to comply with several requirements.
3 . 2 The first requirement deals with the declaration of the
subject property as surplus land. In this regard, the
Director of Community Services has advised that the 1. 67 acre
property located between Mr. Wilson's property and the Fire
Station is not required nor planned to be used for park or
recreational purpose and therefore can be considered surplus
property.
3 . 3 The second requirement deals with sales of property to
abutting owner as opposed to public tender. If the former
method is chosen, the Director of Planning and Development
. . .4
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REPORT NO. : PD-58-95 PAGE 4
must advise Council of it's appropriateness. In this regard,
the Director wishes to advise that the subject property has
limited development potential on its own due to access
restriction to Highway No. 2. Any development on the subject
land will have to be developed in conjunction with the
abutting land (i.e. Mr. Wilson's property) . Therefore it was
concluded that the sale of lands to the abutting property
owner represents the only workable option as opposed to public
tender in the disposition of the surplus property. Moreover,
the overall land use planning for the area anticipates and
encourages land assembly to achieve the objective of a planned
central area.
3 .4 The third requirement deals with appraisal of the surplus
property at fair market value. This has been addressed
previously.
3 .5 The fourth requirement stipulates the Municipality must serve
public notice in local newspapers at least seven (7) days
prior to the date of the meeting of Council at which time the
proposed sale of surplus property is to be considered. In
this regard, notice has been placed in the Bowmanville
Statesman, Courtice News, and the Orono Times during the week
of May 22, 1995.
4. CONCLUSION:
In consideration of the comments contained in this Report,
staff respectfully recommend Council to endorse the
recommendations contained herein.
Respectfully submitted, Reviewed by,
F klin Wu, M.C.I.P. , R.P.P. W. H. Stockwell
Director of Planning Chief Administrative
and Development Officer
FW*j ip
Attach.
May 23, 1995
534
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® LANDS TO BE SOLD TO CLARINGTON PLACE LTD.
LANDS OWNED BY CLARINGTON PLACE LTD.
PROPOSED STREETS
535