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HomeMy WebLinkAboutPD-58-95DN: LAND.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, June 5, 1995 Report #: PD-52-9-5 File #: S b' Res. #L 2 Y) _ U� By -law # u sect. 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 W 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 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 x)33 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. Director of Planning and Development FW *j ip Attach. May 23, 1995 A kf- P �1 W. H. Stockwell F Chief Administrative Officer 534 z W W LOT 16 z J CD U) LOT 15 0 _I ROAD ALLOWANCE BETWEEN CONC. 1 AND 2 N71 °28'00" E I-- m 165.73 ►-i N8,5. 38 » \'137: 0 . HIGHWAY N0. 2 o ?0- BASEBALL DIAMOND ' KEN HOOPER MEMORIAL FIRE STATION rg- I I � 56.543 --1.53 N 17 °23'30" W LANDS TO BE SOLD TO CLARINGTON PLACE LTD. LANDS OWNED BY CLARINGTON PLACE LTD. PROPOSED STREETS