REQUEST FOR DECISION
DATE: July 6, 2021 Report No. DEV-21-057
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Parkland Dedication - 916 and 920 Old Esquimalt Road
End
RECOMMENDATION:
Recommendation
That Council authorize staff to obtain an appraisal of the parcels of land located at 916 Old Esquimalt Road [PID 003-446-093; Lot C, Section 11, Esquimalt District, Plan 21636] and 920 Old Esquimalt Road [PID 003-446-395; Lot D, Section 11, Esquimalt District, Plan 21636] to determine their “average market value” for the purposes of calculating the amount of the five percent cash-in-lieu of parkland dedication pursuant to Section 510 of the Local Government Act.
Body
RELEVANT POLICY:
Declaration of a Climate Emergency
Local Government Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, No. 2791, 2012
Subdivision and Development Control Bylaw, 1997, No. 2175
STRATEGIC RELEVANCE:
Strategic Goal: Enhance opportunities for Parks & Recreation
Operational Strategy: Continue with opportunity to replenish Parkland Acquisition Fund.
BACKGROUND:
Appendices
Appendix A: Section 510 of the Local Government Act
Appendix B: Subject Property Map, Air Photo, OCP Maps
Appendix C: Proposed subdivision
Timeline
September 11, 2019 - Subdivision Application Received (the application was submitted prior to rezoning bylaw being adopted).
June 22, 2020 - Zoning Bylaw 2948 adopted.
March 12, 2021 - Development Permit Application (Subdivision) received.
June 14, 2021 - Council approves the subdivision Development Permit.
Purpose of the Application
The owners of the subject properties have applied to have it subdivided into five lots and a common property access [Appendix C]. Because more than two additional lots are being created and because staff can find no evidence that parkland dedication has occurred through an earlier subdivision, parkland dedication is now due. The Local Government Act allows for Council to take a dedication of either five percent of the land area or five percent of the “average market value” of the land. In this case, the parcels are too small to create a viable park so cash-in-lieu is recommended. To determine the “average market value”, it is necessary to hire an appraiser. It is estimated that the appraisal would cost around $1000.00. The cost would be split 50-50 between the owner and the Township. Once the appraisal has been received, staff and the owner will negotiate a fair value taking into account the length of time it has taken to process the application since the property was rezoned. This value will be presented to Council after the summer break for confirmation or to be renegotiated, if so instructed by Council. Once the value of the cash-in-lieu payment has been determined, the owner will pay the Township and the subdivision will be approved. It should be noted that the money can only be used for parkland acquisition.
Context
Applicant: Arthur G. Winter
Owner: A. H. Winter & Son Construction Ltd., Inc. NO. 0899153]
Property Size: 1785 square metres [19,213 square feet]
OCP Land Use Designation:
Present Land Use: Low Density Residential
Proposed Land Use: Townhouse Residential
Zone: Comprehensive Development District No. 115 [CD-115]
Existing Land Use: Vacant
Proposed Land Use: Single Family Residential [Infill]
Surrounding Land Uses:
North: Single Family/ Two Family Residential
South: School/ Park
East: Two Family residential
West: Single Family Residential
ISSUES:
1. Rationale for Selected Option
An analysis by staff has determined that cash-in-lieu of park dedication is owing on the proposed subdivision. The amount is based on five percent of the “average market value”. To determine the “average market value” fairly, it is necessary to have an appraisal completed.
2. Organizational Implications
There are no significant organizational implications.
3. Financial Implications
The cost of the appraisal is estimated to be around $1000.00 which will be split 50-50 by the owner and the Township. The potential cash-in-lieu for parkland could be in the tens of thousands of dollars.
4. Sustainability & Environmental Implications
The acquisition of parkland has a myriad of environmental and health benefits including absorption of high energy solar emissions, provision of wildlife habitat (including introduces species such as grey squirrels), stress reduction, and absorption of rain fall and snow melt.
5. Communication & Engagement
There are no statutory requirements for communications or engagement associated with the determination of “average market value”.
ALTERNATIVES:
1. That Council authorize staff to obtain an appraisal of the parcels of land located at 916 Old Esquimalt Road [PID 003-446-093; Lot C, Section 11, Esquimalt District, Plan 21636] and 920 Old Esquimalt Road [PID 003-446-395; Lot D, Section 11, Esquimalt District, Plan 21636] to determine their “average market value” for the purposes of calculating the amount of the five percent cash-in-lieu of parkland dedication.
2. That Council decide to forgo the collection of cash-in-lieu of parkland dedication on these properties.