HomeMy WebLinkAboutCSD-11-018 - Old Zeller Dr Land Exchange with 1266304 Ontario Inc & Request to Declare Lands SurplusREPORT TO:
Community & Infrastructure Services Committee
DATE OF MEETING: February 7, 2011
SUBMITTED BY:
Alain Pinard, Director of Planning – 519-741-2319
PREPARED BY: Katie Anderl, Senior Planner – 519-741-2987
WARD(S) INVOLVED:
2
DATE OF REPORT: January 19, 2011
REPORT NO.:
CSD-11-018
SUBJECT:
OLD ZELLER DRIVE LAND EXCHANGE WITH 1266304
ONTARIO INC. & REQUEST TO DECLARE LANDS
SURPLUS TO THE CITY'S NEEDS
RECOMMENDATION:
That the parcel of land described as Part 5 on the attached draft Reference Plan be
declared surplus to the City’s needs and conveyed to Fusion Homes; and
That an easement for underground servicing be reserved over Part 5 on the attached
draft Reference Plan; and
That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with
1266304 Ontario Inc., to convey the parcel of land described as Part 5 on the attached
draft Reference Plan in exchange for Part 6 and Part 7 on the attached draft Reference
Plan, on such terms and conditions as are satisfactory to the City Solicitor; and
That the City take title to Part 6 and Part 7 on the attached draft Reference Plan; and
further
That the Mayor and Clerk be authorized to execute any documentation in this regard
required by and to the satisfaction of the City Solicitor.
REPORT:
The subject lands are located on Old Zeller Drive, south of Lower Mercer Street. This plan of
subdivision (30T-97014) received approval from the Ontario Municipal Board and Fusion Homes
is the current owner and builder of homes on the subject lands. The parcels discussed in this
report are depicted on the following map. The subject lands are made up of three blocks of land
including a Block 35 - City Stormwater Management (SWM) Pond and Blocks 36 & 37 -
residential. Fusion Homes plans to develop the lands with three single detached dwellings.
Today, the City owns a 6.04 metre wide piece of land north of future Lot 1, which contains
underground services. The City also has easement over lands on the southern portion of future
Lot 3, which provides for underground services and a SWM pond access and trail connection. It
is an unusual situation for the City’s SWM pond access and trail connection to be located on
privately owned lands with an easement.
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Approximate area of lands to be
conveyed from City to Fusion
Homes with easement for
underground services.
Block 37
(Lot 1)
Block 36
( Lot 2 & Lot 3)
Block 35
SWM Pond
Approximate boundaries of lands to be
conveyed from Fusion Homes to City
containing SWM Access/Trail and
underground services.
Fusion Homes has proposed to exchange a portion of the City owned lands located north of
Block 37 for a portion of the Fusion Homes lands located over the existing SWM pond access
and trail connection on the southern portion of Block 36. The City would retain an easement
over the lands north of Block 37 for the existing underground services.
This proposed land exchange does not physically impact either the existing underground pipes,
or the SWM pond access/trail connection, which will remain in place. This proposal ensures
that the City owns the above ground facility (access/trail) and that there is an easement
protecting the City’s underground infrastructure. With respect to the underground infrastructure,
the easements will be of an appropriate size to ensure that any house is setback an appropriate
distance, should the City ever need to access the pipes.
The proposed land exchange has been circulated to various City departments and all are
supportive of the proposal. Operations Division has agreed to construct a fence along the
boundary of the SWM Access/trail block to delineate the boundary between the private and
public space. A gate is required to restrict access to the trail to pedestrians and cyclists.
Installation of the gate is the responsibility of the original subdivider.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal supports responsible development of our community and will align with the
Kitchener Strategic Plan as it ensures the implementation of the community priority
Development.
FINANCIAL IMPLICATIONS:
All costs associated with the proposed land exchange including preparation of a reference plan
of survey, easement document preparation, registration fees, and land transfer tax will be paid
for by Fusion Homes. While the City will be acquiring a slightly larger piece of land, Fusion
Homes and the City are in agreement that the lands are of an equivalent value, therefore staff
are of the opinion that an appraisal is not necessary. Further, the infrastructure services
department has agreed to construct a fence along the boundaries of the access/trail block.
COMMUNITY ENGAGEMENT:
There is no statutory requirement or need to have a formal public consultation for this process.
REVIEWED BY:
Steve Ross, Assistant City Solicitor
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services Department
Appendices:
Appendix ‘A’ - Draft Reference Plan
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