REQUEST FOR DECISION
DATE: September 22, 2021 Report No. DEV-21-068
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Cash in Lieu of Parkland Dedication - 916 and 920 Old Esquimalt Road
End
RECOMMENDATION:
Recommendation
That Council accept $36,250.00 as cash in lieu of parkland dedication based on five percent (5%) of the appraised value of the $725,000.00 (Appendix D) for the proposed five-lot subdivision as proposed in Plan EPS6543 (Appendix C) and that the funds be deposited in to the Parkland Acquisition Reserve Fund.
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
Appendix D: Appraisal report
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.
July 12, 2021 - Council approves payment of fifty percent (50%) of the cost of the appraisal.
August 25, 2021 - Appraisal report received.
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”, an appraisal was completed [Appendix D]. The appraised value was $725,000.00. Five percent would be $36,250.00. 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
The value of cash in lieu of parkland dedication is based on an appraisal that was completed by the applicant.
2. Organizational Implications
There are no significant organizational implications.
3. Financial Implications
The $36,250.00 must be used for parkland acquisition.
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 introduction of 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 accept $36,250.00 as cash in lieu of parkland dedication for the proposed subdivision and that the funds be deposited in to the Parkland Acquisition Reserve Fund.
2. That Council instruct staff to determine an alternative amount and report back to Council.