Public Report

To: Development Services Committee

From: Thomas B. Hodgins, B.E.S., M.A., R.P.P., Commissioner, Development Services Department

Report Number: DS-14-140

Date of Report: June 11, 2014

Date of Meeting: June 16, 2014

Subject: Proposed Declaration of City Lands at 485 and 501 Normandy Street as Surplus to Municipal Needs and Requirements and Direction on Disposal Strategy

File: F-6310

1.0 Purpose

The purpose of this report is to recommend that the City-owned lands at 485 and 501 Normandy Street (City Lands) be declared surplus to municipal needs and requirements.

On March 17, 2014 Council directed:

“That pursuant to Report DS-14-40 dated March 3, 2014, the City-owned lands at 485 and 501 Normandy Street be declared potentially surplus to municipal requirements and that staff place an ad in each of the two local newspapers providing notice of the declaration and inviting public input and comment; and further that the cost of the ads be funded from the Civic Property Development Reserve; and,

That staff be directed to discuss and explore options with Habitat for Humanity as requested in their correspondence that is Attachment 5 to said Report.”

Attachment 1 shows the location of the City Lands at 485 and 501 Normandy Street and the existing zoning in the area.

Attachment 2 is an air photo of the City Lands on Normandy Street showing key site features.

Attachment 3 provides key facts about the City Lands on Normandy Street.

Attachment 4 is a copy of a letter dated April 22, 2014 from Habitat for Humanity Durham in response to the City’s ad requesting comments on the declaration of 485 and 501 Normandy Street as potentially surplus.

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Report to Development Services Committee Item: DS-14-140 Meeting Date: June 16, 2014 Page 2

Attachment 5 is a verbatim transcription of a handwritten letter dated April 23, 2014 from Ihor George Lysyk in response to the City’s ad requesting comments on the declaration of 485 and 501 Normandy Street as potentially surplus.

Attachment 6 is a copy of a Letter of Intent dated May 29, 2014 from Habitat for Humanity Durham in respect to the potential acquisition of 485 and 501 Normandy Street.

Attachment 7 is a copy of a letter dated April 1, 2014 from Ontario Property Management Group Inc. expressing interest in 485 and 501 Normandy Street for an affordable housing project.

2.0 Recommendation

That the Development Services Committee recommend to City Council:

1. That, pursuant to Report DS-14-140 dated June 11, 2014, the City-owned lands at 485 and 501 Normandy Street be declared surplus to municipal needs and requirements.

2. That, subject to the approval of Part 1 above, a recommended process for disposing of the City-owned lands at 485 and 501 Normandy Street.

3.0 Executive Summary

Not applicable.

4.0 Input From Other Sources

The following have been consulted in the preparation of this report:

City Manager City Solicitor

5.0 Analysis

5.1 The City Lands

The City owns an apartment complex [Owen D. Friend (63 units)] at 485 and 501 Normandy Street (“City Lands”) (see Attachments 1 and 2).

Attachment 3 provides key facts about the City Lands.

5.2 Relevant History

Normandy was originally built and owned by the Oshawa Housing Company Limited ("OHCL") which was a private company wholly owned by the City of Oshawa.

OHCL executed mortgages and operating agreements with CMHC for the City Lands.

In 1998 Council resolved to acquire direct ownership of OHCL assets and liabilities and OHCL was subsequently dissolved.

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Report to Development Services Committee Item: DS-14-140 Meeting Date: June 16, 2014 Page 3

Accordingly, the City assumed direct responsibility for the mortgage and operating agreements on the City Lands.

On November 25, 2013 Council directed: that the Region of Durham be requested to relocate the remaining three tenants from the City Lands; that staff make arrangements to retire the mortgage on the City Lands and obtain and register a discharge of the mortgage; and, that staff be authorized to terminate the City's contract with the Region of Durham for the property management of the City Lands on dates and terms acceptable to the Commissioner of Development Services in consultation with the City Solicitor and the Treasurer.

There are currently two tenants and 61 vacant units at the City Lands. One tenant has agreed to move. The Region, as the City's contracted property manager, continues to work with the remaining tenant to find appropriate alternative housing.

The mortgage has been “paid out” and no longer appears on title. The operating agreement with CMHC terminated with the payout and discharge of the mortgage.

5.3 Declaring City Land Potentially Surplus and Surplus

5.3.1 General Procedure

Before the City can dispose of any land, Council must declare the land surplus to municipal requirements.

By-law 97-2000 and best practices set out the following process for declaring a site surplus to municipal requirements:

Interested parties may approach the City from time to time with a request to purchase City land that has not been declared surplus to municipal requirements or the City may initiate the process itself;

Requests are typically presented to the Development Services Committee for direction; In most cases, the Development Services Committee refers the request to staff for a

report; Development Services prepares an open session staff report to the Development

Services Committee that includes a recommendation on whether the City land should be declared potentially surplus;

If Council determines that the City land might not be required for municipal purposes it deems the City land potentially surplus in open session;

Staff place an ad in the two local newspapers inviting the public to provide comments on the fact that the City land has been declared potentially surplus;

Development Services prepares an open session staff report outlining any public comments received in response to the ads and providing a recommendation on whether the City land should be formally declared surplus to municipal requirements and disposed of; and

Council makes a decision on whether to declare the City lands surplus and initiate a disposal process.

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Report to Development Services Committee Item: DS-14-140 Meeting Date: June 16, 2014 Page 4

If Council deems it appropriate, based on site specific circumstances or the localized nature of an issue, to adjust the procedures set out above and included in By-law 97-2000 it may do so by resolution.

The disposal of City land, however, cannot occur unless the land has been formally declared surplus by Council resolution in open session.

5.3.2 Declaring the City Lands on Normandy Street as Potentially Surplus and Surplus

On March 17, 2014 Council directed:

“That pursuant to Report DS-14-40 dated March 3, 2014, the City-owned lands at 485 and 501 Normandy Street be declared potentially surplus to municipal requirements and that staff place an ad in each of the two local newspapers providing notice of the declaration and inviting public input and comment; and further that the cost of the ads be funded from the Civic Property Development Reserve; and,

That staff be directed to discuss and explore options with Habitat for Humanity as requested in their correspondence that is Attachment 5 to said Report.”

The City Lands were declared potentially surplus to municipal requirements for the following key reasons:

They are not required for any identified core municipal purpose; They are a financial burden; Their disposition would reduce risk and liability for the City; There is interest by others in acquiring the lands; and There is a solid opportunity for rejuvenation of the site.

The ads were placed as directed and comments on the potentially surplus declaration were invited until April 23, 2014.

Two letters were received in respect to the ads and these appear as Attachments 4 and 5.

Neither letter is opposed to Council taking the next step and declaring the City Lands as surplus to municipal needs and requirements.

Accordingly, it is recommended that the City Lands be declared surplus to municipal needs and requirements.

5.4 Disposal of City Land Deemed Surplus

In the event Council ultimately and formally declares a site surplus, Development Services would normally prepare a report for the Development Services Committee and Council that sets out a recommended disposal strategy for the surplus City Lands. The disposal strategy would address such matters as: responsibilities (e.g. staff lead vs. a real estate agent/broker, etc.); the most appropriate method of disposal (e.g. direct sale, tender, requests for proposals, land exchange, etc.); the manner in which the sale price would be determined (e.g. appraisal, more than one appraisal, letter of opinion, etc.); the best way to

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Report to Development Services Committee Item: DS-14-140 Meeting Date: June 16, 2014 Page 5

avoid or mitigate risk (e.g. City does environmental studies/geotechnical studies/archeological studies vs. sells “as is where is”), etc.

Once Council approves a disposal strategy, Development Services would execute it and report back to the Development Services Committee and Council as appropriate.

In this particular case, on March 17, 2014 Council directed that staff, in parallel to the public notice process associated with declaring the Normandy Street site as potentially surplus, discuss and explore options with Habitat for Humanity for the acquisition of the City Lands on Normandy Street.

Pursuant to Council direction, staff have met with Habitat for Humanity.

Attachment 6 is a copy of a Letter of Intent dated May 29, 2014 from Habitat for Humanity which expresses its continued interest in the City Lands and certain proposed terms and conditions for its proposed acquisition of the City Lands.

Mr. Lysyk, in his letter which is included in Attachment 5, indicates that he is not opposed to the City-owned lands on Normandy Street being declared surplus but states that

“… the City of Oshawa would be doing a great disservice to its taxpayers if it “explored options” only with Habitat for Humanity concerning the subject site. It is important to note that there are many other corporations and individuals who are active in the affordable housing business in our community. Our corporations have been active in this business not only with the Region of Durham but also with the Canadian Mental Health Association for over a decade.

Furthermore, I believe that the City has a responsibility to its shareholders, ie taxpayers, to do what is best for them. I thank you for the opportunity to comment on this matter and look forward to participation in this process in the future.”

Attachment 7 is a copy of a letter dated April 1, 2014 from Ontario Property Management Group Inc. expressing interest in the City-owned Normandy and Westmount sites.

As stated previously, staff have received other, unsolicited interest in the Normandy site.

By-law 97-2000 states that Council can dispose of surplus City sites in the following ways: direct sale by the City; public tender; request for proposals; public auction; land exchange; or listing it with a real estate broker or a real estate board. By-law 97-2000 also states that the City shall obtain at least one appraisal prior to disposing of a site but that nothing shall fetter Council’s discretion to dispose of land on such terms and conditions as it determines including at a nominal rate to whomever it wishes.

In the event the City-owned lands on Normandy Street are declared surplus to municipal needs and requirements, it will be necessary for staff to receive direction from Council in respect to a disposal strategy for these lands. In this regard:

Should staff continue to work with Habitat for Humanity and prepare a draft purchase and sale agreement for review by Committee and Council?

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Report to Development Services Committee Item: DS-14-140 Meeting Date: June 16, 2014 Page 6

Should staff prepare a report to Committee and Council on a disposal strategy that will“offer” the City-owned lands on Normandy Street to a range of potential purchasers?(Respondents to such a process could be required to indicate their intent to continue toprovide affordable housing, offer price, conditions of purchase, closing date, etc. Itwould be staff’s recommendation that a sale process such as this be undertaken by anexternal real estate services firm/individual.)

5.5 Go Forward Plan

Based on the foregoing, a summary of the recommended go forward plan for the City Lands on Normandy Street are:

Council declares the City Lands as surplus; Council provides direction on the approach to be followed in respect to any disposition

of the City Lands; Staff execute any Council direction and report back.

6.0 Financial Implications

Staff cannot confirm the value of the Normandy Street site at this time. A current appraisal is not available at this time.

Habitat for Humanity is offering to acquire the site at a nominal value.

Staff cannot confirm the financial magnitude of any offers the City might receive in the event it offers the Normandy site on the market.

In the event Council ultimately declares the City Lands on Normandy Street surplus and transfers them to another party the City would:

Realize significant annual operating savings (The 2013 operating subsidy was$224,000. The projected 2014 operating subsidy is $187,600.);

Avoid significant capital repair costs estimated at approximately $3.5 million; Eliminate ongoing risk and liability for the City; and Potentially realize revenue from a future sale depending on the disposal strategy

directed by Council.

7.0 Relationship to the Oshawa Strategic Plan

This report advances the Accountable Leadership goal of the Oshawa Strategic Plan.

Thomas B. Hodgins, B.E.S., M.A., R.P.P., Commissioner, Development Services Department

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Attachment 1 Development Services Department

Item: DS-14-140 Subject: Proposed Declaration of City-owned Lands at

485 and 501 Normandy Street as Surplus to Municipal Needs and Requirements and Direction on Disposal Strategy

Address: 485 and 501 Normandy Street File: F-6310

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Attachment 2 Item: DS-14-140Subject: Proposed Declaration of City-owned Lands at 485 and 501 to Municipal N eeds and Requirements and Direction on Disposal S trategyNormandy Street as Surplus Address: 485 and 501 Normandy StreetFile: F-6310

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DS-14-140 Attachment 3

485 and 501 Normandy Street Key Facts

Item Fact Municipal Address 485 and 501 Normandy Street Owner City of Oshawa Site Area 0.57 ha (1.42 ac) Total No. of Units 63 Type of Units 51 bachelor

12 one bedroom Occupied Units 2 Vacant Units 61 Vacancy Rate ±97% Building Type Wood frame, two storeys Date of Construction 1968 No. of Parking Spaces 18 Building Condition Poor

$3.5 M in capital upgrades required over next 3 years Source: Read Jones Christofferson Consulting

Engineers Official Plan Designation Residential Zoning Designation R4-A/R6-B (Residential) which permits block

townhouses, apartments, homes for the aged, nursing homes and retirement homes

Adjacent Land Use and Adjacent Ownership

North: apartments; owned by Durham Regional Local Housing Corporation

South: semi-detached dwellings; owned by Durham Regional Local Housing Corporation

East: site abuts Lomond Street on the east; across Lomond Street is a parking lot associated with a privately owned townhouse project oriented towards Dean Avenue

West: site abuts Normandy Street to the west; across Normandy Street is an apartment building owned by the Durham Regional Local Housing Corporation and the driveway access to a privately owned townhouse project

Servicing Site is fully serviced Mortgage Mortgage has been paid out

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Item Fact Operating Agreement with CMHC

Operating agreement terminated

Property Management and Operational Services Agreement in Place

Yes With Durham Region ($4,000 per year) Can be terminated on 30 days notice

Studies Available Geotechnical - No Environmental (soil) - no Designated Substances and Controlled Products

Survey- Yes (dated February 5, 2013) Building Condition Audits - Yes

(Condition Audit and Renewal Study by Morrison Hershfield dated April, 1998; Building Condition Audit by Gerald R Genge Building Consultants, dated 2007; Building Condition Assessment by Read Jones Christoffersen, dated October 5, 2010)

Designated "Potentially Surplus" by Council

Yes – March 17, 2014

Designated "Surplus" by Council

Not at this time

Annual Budgeted Operating Subsidy

The 2013 operating subsidy was $224,000. The projected 2014 operating subsidy is $187,600.

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DS-14-140Attachment 4

Affiliate Office 85 Chambers Dr.

Unit 7,

Ajax, ON

L1Z 1E2

P: 905-428-7434

F: 905-428-7494

ReStore Ajax 85 Chambers Dr.

Unit 6

Ajax, ON L1Z 1E2

P: 905-428-7434

ReStore Oshawa 555 Simcoe St. S.

Unit 1

Oshawa, ON

L1H 8K8

P: 905-728-8831

ReStore Uxbridge 141 Reach Street

Unit 6 & 7

Uxbridge, ON

L9P 1L3

P: 905-852-5888

habitatdurham.com

restoredurham.com

April 22, 2014

Mr. Tom Hodgins Commissioner of Development Services 50 Centre Street, 2nd Floor, Rundle Tower Oshawa, ON L1L 3Z7

Dear Mr. Hodgins:

This letter is in response to the Development Services Department Report DS-14-40 requesting public input on the lands identified for potential surplus known as Owen D. Friend apartments on Normandy Street in Oshawa. It is Habitat for Humanity Durham’s recommendation to declare this land surplus.

Our letter is to also verify that Habitat for Humanity Durham has considerable interest in the Normandy Street property and would like the opportunity to move forward in further discussions with the City of Oshawa.

As you know, this property would be held in the same vein that it was originally intended for; to provide housing to low income families. Understanding the significance of the property name Owen D. Friend, we intend to preserve this name in our new build. Habitat Durham builds healthier families and improves their overall position in life where success is possible. The families we work with benefit not only from the housing component of our work, and the educational training required, but they are also taken off of a support system that is critically overwhelmed. We help to remove families from being systemic dependents.

Some of the benefits of utilizing Habitat’s programs are as follows: help the public social housing inventory by freeing up space, help to bring the community into a participatory project, build stronger communities with new home building growth, support the economy in a positive manner with jobs and give families a hand up and not a hand out. The byproduct of the families paying their mortgages back into our building fund, is that it makes our own building program become sustainable as we utilize the mortgage funds paid back and reinvest in the communities at large by building more homes.

Habitat utilizes our ReStores when projects like this are presented as we will resell any materials that are resalable. We are currently diverting more than 1.2 million pounds yearly of garbage from landfill. Our plan would include the careful deconstruction of the existing buildings and to resell or salvage as much of the raw materials that we can. The money raised from these “deconstruction projects” is used to pay not only in part the project but help to sustain our entire operation, allowing us to leverage 100% of all monetary donations for building homes.

We appreciate your time and consideration of our request. If you require any further details please feel free to call me directly at any time.

Sincerely,

Mary Bone Executive Director

Building Homes. Building Hope. Charitable Registration #874192404RR0001

55

http:restoredurham.comhttp:habitatdurham.com

Item: DS-14-140 Attachment 5

Verbatim Transcription of Hand Written Information

The following is a transcription of the hand written information received from Ihor George Lysyk dated April 23, 2014.

To: Mr. T. Hodgins – Commissioner of Development Services

From: Ihor George Lysyk

Re: Potentially Surplus Lands 485 and 501 Normandy Street

Dear Sir: Further to our conversation today, I would like to drop this short note as to my concerns with this matter. Firstly, I believe the City of Oshawa should not be in the Affordable Housing business because the City cannot do it in an affordable manner. Secondly, although I believe Habitat for Humanity is an exceptional organization doing fantastic work in our community, I believe that the City of Oshawa would be doing a great disservice to its taxpayers if it “explored options” only with Habitat for Humanity concerning the subject site. It is important to note that there are many other corporations and individuals who are active in the affordable housing business in our community. Our corporations have been active in this business not only with the Region of Durham but also with the Canadian Mental Health Association for over a decade.

Furthermore, I believe that the City has a responsibility to its shareholders, ie taxpayers, to do what is best for them. I thank you for the opportunity to comment on this matter and look forward to participation in this process in the future.

Respectfully

Ihor George Lysyk

Following this transcription is an image of the actual hand written information.

56

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DS-14-140 Attachment 61'f:Habitat

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LETTER OF INTENT

May 29, 2014

Mr. Tom Hodgins Commissioner Development Services City of Oshawa 50 Centre St. S. Oshawa, ON LIH 3Z7

Re: Purchase of485-501 Nonnandy Street, Oshawa

Please accept this Letter oflntent from Habitat for Humanity Durham (Buyer), to purchase the land and buildings located at 485-501 Nonnandy Street from the City of Oshawa (Seller), described as Owen D. Friend housing complex made up of two separate buildings. The tenns and conditions of the purchase would be as follows:

Purchase Price - One Hundred Dollars ($100.00)

Date of Possession - 30 Days After Removal ofAll Conditions

Conditional Period - The Buyer shall have 90 days from the execution ofa fonnal Agreement of Purchase and Sale to allow for an in depth analysis of the redevelopment potential of the subject property. This analysis shall include, but will not be Jimited to; cost ofdecommissioning and deconstruction of the site reJated to the current environmental status of the property and the removal of any such hazardous materials; consultation on the potential to develop the site to its highest and best use for Habitat for Humanity Durham; and overall project costing. Included in the conditions will also be a request for Municipal Council to waive, grant or stay the development charges, planning and building permit application fees as well as taxes on the property while under redevelopment. We will be making a similar request to the Region of Durham regarding the fees and truces. Potentially one ofthe options might be if there are any credits available to apply towards some of these aforementioned costs associated with the development that they are applied to offset the fees etc.

.. .. Page 2

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http:reston.odurham.comhttp:ldurh3m.com

By:

Title:

Date: /1 / '/ Date: M ' "'' .Bb r

A eed & Acee ted b Seller:

Timelines for Development Planning of decommissioning and deconstruction to begin in Spring 2015, to begin the removal of hazardous materials Decommissioning and deconstruction/demolition estimated at 12 to 18 months to maximize the removal of reusable salvaged materials for resale in Restores, and to avoid transfer to landfill Groundbreaking Spring 2017 Construction to begin Spring/Summer 2017

Site Development Potential - when Habitat for Humanity Durham receives these lands as a part ofour program, we will undertake the development ofneeded affordable housing that is sold to low income families in Durham Region. As you know this process removes people from the need for social housing solutions and puts them into a tax paying, community caring new homeowners.

The exciting program that our board is developing is an opportunity to offer a different type ofhomeownership. Pathways to Homeownership, will allow families to have a stable testing ground prior to committing fully to the homeowner model & mortgage. It will allow a rental period oftime prior to ownership, with an innovative forced savings plan that can be applied to their Habitat mortgage, or towards a down payment with another builder if they so choose to leave the DRAFT Pathways to Homeownership model document that is attached. Habitat for Humanity Canada has authorized our affiliate to move forward and our board has agreed to enter into a due diligence period for this program. This program will be ready at our AGM for voting purposes which takes place at the end ofJune 2014.

At this early stage all development options will need to be considered for the site, with site plan configuration and occupant tenure finalized during the municipal planning approval period, in consultation with City ofOshawa staffand the community, and within the City's Zoning By-law requirements.

The terms, conditions and agreements contained in this letter are not fully exhaustive and will be covered in full upon the parties' execution ofan Agreement ofPurchase and Sale. Neither party shall be bound or obligated to perform under these terms and conditions.

Thank you for your time and consideration ofour proposal. Ifyou have any further requirements or questions please feel free to contact us any time as per usual.

Respectfully submitted by: Mary Bone Gerry Keenan Executive Director Vice-Chair Habitat for Humanity Durham

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DS-14-140Attachment 7April 1, 2014

Mayor John Henry The City of Oshawa

50 Centre Street South Oshawa, ON L1H 3Z7

Via email: pnokes@oshawa.ca

Re: Expression of Interest in 485 and 501 Normandy St. and 173 Westmount St., Oshawa, Ontario

Dear Mayor Henry:

Please allow me to introduce myself; my name is Kim B. Overbye President and

CEO of Ontario Property Management Group Inc. (OPMG). I am a long term

resident of Durham Region, having moved to Whitby in 1994 and then to Oshawa in 2002; both my children are living with their mother in Oshawa, on Yardley

street, and I am currently building a home in Ashburn. As you can see I have deep and permanent roots to Durham Region as well as the City of Oshawa.

My management firm OPMG, specializes in the management of Social Housing

Providers, managing a total of 41 Social Housing clients, comprising 6,000 units through the GTA. Currently we manage 5 Co-operatives and 1 Non-Profit in

Durham Region totaling 1200 units with two providers in Oshawa, Northview Meadow Co-operative Homes Inc. and Willow Park Co-operative Homes Inc.

To this end I am writing to you informing you of my expression in interest in the

properties located at 485 and 501 Normandy St. and 173 Westmount St., Oshawa, Ontario; with the goal and sole purpose of transforming them into a

Non-Profit social housing provider; providing continued affordable, safe and clean

housing to those in need. We can all agree that there is not enough of such housing as it is.

To strengthen our expression of interest we are prepared to move forward and

pay for the following reports which would be required in the normal course of conducting our due diligence:

61

mailto:pnokes@oshawa.ca

• Market rent report and current appraisal • Building condition assessment (BCA) • Phase 1 environmental assessment report • Energy retrofits study (our intent would be to retrofit the building to

natural gas heating)

In closing, I trust the above is in order and I look forward to discussing this matter in greater detail with you directly. I can be reached at my office number

(905) 470-1244 extension 222, cellular number (416) 684-0398 or email kim@opmg.ca

Once again thank you for your valuable time.

Yours truly, ONTARIO PROPERTY MANAGEMENT GROUP INC.

Kim B. Overbye President / CEO

2 | P a g e 62

mailto:kim@opmg.ca

1.0 Purpose2.0 Recommendation3.0 Executive Summary4.0 Input From Other Sources5.0 Analysis5.1 The City Lands5.2 Relevant History5.3 Declaring City Land Potentially Surplus and Surplus5.3.1 General Procedure5.3.2 Declaring the City Lands on Normandy Street as Potentially Surplus and Surplus5.4 Disposal of City Land Deemed Surplus5.5 Go Forward Plan

6.0 Financial Implications7.0 Relationship to the Oshawa Strategic PlanADP5B84.tmpItem: DS-14-140 Attachment 5Verbatim Transcription of Hand Written Information