HomeMy WebLinkAboutFCS-13-034 - Closure & Sale of Redundant Portion of Zeller Drive
REPORT TO:
Committee of the Whole
DATE OF MEETING:
March 25, 2013
SUBMITTED BY:
Steve Ross, Ext. 7266
PREPARED BY: Steve Ross, Ext. 7266
WARD(S) INVOLVED:
2
DATE OF REPORT:
March 11, 2013
REPORT NO.: FCS-13-034
SUBJECT: Closure and Sale of the Redundant Portion of Zeller Drive
RECOMMENDATION:
That part of the non-travelled portion of Zeller Drive road allowance, being Part 1 of
RP17711 in Kitchener (the “Subject Land”) be declared surplus to the City’s needs;
That the City accept an offer from Genstar Titleco Limited to purchase, the Subject
Land, for the sum of $21,666.45 on terms and conditions satisfactory to the City
Solicitor;
And further, that the closure of the Subject Land be approved in principle, and that
Legal Services be instructed to proceed with the preparation of the by-law, the
necessary advertising in the newspaper, documentation and conveyance of all required
easements, if any;
That all costs associated with the closing of the Subject Land are to be borne by
Genstar Titleco Limited;
That the Mayor and Clerk be authorized to execute any documentation in this regard
required by and to the satisfaction of the City Solicitor.
EXECUTIVE SUMMARY:
N/A
REPORT:
The City was approached by the previous owner of the Subject Land, Ian Cook Construction
Ltd., requesting to close and convey the Subject Land to Ian Cook Construction Ltd. Ian Cook
Construction Ltd. received approval of draft Plan of Subdivision, as well as appropriate zoning
on February 4, 2013 for lands adjacent to the Subject Land. A Block was created in part of the
Plan to be consolidated with the Subject Land and to accommodate the development of this
remnant portion. The adjacent Plan of Subdivison was sold to Genstar Titleco Limited. In the
event the Subject Land are not sold to Genstar Titleco Limited, the new owner of the Block
and subdivision, this Block will still have access to Old Zeller Drive at this location, as the
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Subject Land currently front onto lands that are a public, open road. The Reference Plan is
attached as “Appendix “A’ to this report.
Not all of the closed road allowance will be conveyed to Genstar Titleco Limited, as the City is
preserving access to the ravine, parkland and storm water management pond at this location.
The remaining City lands will also serve as a view corridor. As further safeguard of the view
corridor, the Subject Land are subject to an increased set back that has been reflected in the
applicable zoning of the Subject Land. This increased setback is meant to further assist in
preserving a view corridor down to a storm water management pond. Notwithstanding the
increased setbacks, Genstar Titleco Limited requires the Subject Land to allow for lot sizes
and building envelopes consistent with the balance of the neighbourhood, while building to
respect the increased setback of the view corridor.
The City proposed, and the developer accepted, valuing the land through an appraisal of
$615,000 per hectare, being the appraisal relied upon by our general cash in lieu of parkland
policy. The Subject Land are .03523 ha (or 352.3 sq. metres) with a value of $21,666.45.
A Record of Site Condition was prepared at the previous Owner’s expense. Notice of
presentation of the road closing by-law to Council will be given to the public in advance of the
meeting where it is considered.
FINANCIAL IMPLICATIONS:
The Purchaser to pay the sum of $21,666.45 for the land, along with any outstanding costs
associated with the road closure, Record of Site Condition and road closure.
COMMUNICATIONS:
N/A
CONCLUSION:
Staff recommends that Council accept the Offer to Purchase from Genstar Titleco Limited,
approve the road closure in principle, and commence the road closure process.
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO
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