Real Property Application Received
Clients who are interested in acquiring (purchase or lease) City Lands or who are interested in selling or leasing land to the City are directed to the Planning Division. These conveyances may also include Buildings or Structures. Planning Staff will assist the client in completing the application form to ensure all required information is included.
Circulate to the Community Development Committee for Comments
The Planning Division processes the applicant’s request to purchase/lease City land. Completed applications must be received the Friday prior to the next available Community Development Committee (CDC) meeting (usually every Tuesday) to be considered at that meeting. Planning Staff circulates a package to the CDC for review the Monday prior to the CDC meeting. The package includes the real property application. CDC members are required to review this material and to complete the comment form and submit it to the Planning Department by the next CDC meeting. Site inspections by CDC staff may be required for the completion of the comment form. Typically, written comments are required the Friday prior to the next regularly scheduled CDC meeting.
Follow up
Planning Staff prepares a response to the applicant based on the comments received from CDC members. It is possible that some applications may require further review and will be deferred. Applications that proceed, the subject land will either be identified as as surplus to the needs of the municipality or as lands that are required for municipal purposes.
Not Surplus to Municipality
In the case where the CDC has identified that the City lands are not surplus to the needs of the municipality and may be required for future municipal purposes, the proposal is not further entertained unless the matter is appealed to Council for a decision. In either case, the applicant is advised accordingly in writing by the Planning Division.
Surplus to Municipality
In the case where the CDC has recommended that the City lands are surplus to the needs of the municipality the request may proceed either through (1.) a direct sale or through (2.) a formal public process, in accordance with By-law 2008-6601.
(1.) Direct Sale/Lease
In cases where it is deemed more appropriately to proceed with a direct sale/lease/purchase between the City and the applicant, the Planning Division will work with the applicant to finalize the details of the sales/lease/purchase. Furthermore, the Planning Division will invite the applicant to attend an In-camera Meeting with Council to identify and questions they may have prior to discussing this matter at a Committee of the Whole meeting. Afterwards, the Planning Division will prepare a report with a recommendation for Council’s approval. If Council supports the land sale/lease/purchase, Staff will advertise the proposed real property matter for two consecutive weeks on the City’s website and two consecutive Friday’s in the City’s paper as per By-law 2008-6601.
A follow-up report is prepared by the Planning Division summarizing comments received during the two-week notice period. Provided no major technical issues were raised, the Planning Division will recommend that Council pass by-law to authorize the land sale/lease/purchase.
It is noted that Fair Market value of the subject real property shall be determined through one or more means as detailed in By-law 2008-6601, such as but not limited to qualified appraisal.
(2.) Formal Public Process
Requests to acquire city lands that are deemed to be surplus to the needs of the municipality and do not represent a direct sale/lease are then directed to the Planning Division. The Manager of Planning with the aid of the Clerk will process the request as per the requirements of the Municipal Act and By-law No. 2008-6601(re: Sale and Disposition of Real Property).
This process may include the preparation of a by-law or resolution declaring the property surplus and authorizing its disposal either through a public tender process or an RFP process.
Public Tender process shall not be subject to any terms and conditions and shall be awarded to the highest bidder. Bid forms are to be submitted as detailed in the Public Tender. It is noted that no late submissions shall be accepted.
RFP is intended to be used most frequently for the public sale of large and/or significant and/or unique higher profile properties. The terms and conditions of the agreement shall be detailed in the RFP. Furthermore, the City retains the right to negotiate additional terms and conditions, once submissions have received. Proposals will be reviewed by the CDC. Report will be prepared by Planning outlining CDC’s recommendation with regards to the RFP.
Council Approval
The CDC will recommend the specifics of the land sale/lease and related terms and conditions to Council for endorsement. The Clerk’s Department will prepare the necessary by-law for Council’s approval. Prospective purchasers may attend Council meetings to provide more supportive information concerning the land sale/lease.
Finalize Land Transfer
Once approved by Council, the Clerk will be responsible for overseeing and directing the legal transfer of the subject lands from the City to the applicant.