Date: April 15, 2016 Meeting Date: May 6, Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 ;

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1 Section G 1.1 To: From: Regional Parks Committee Renato Jadrijev, Senior Property Negotiator, Financial Services Chris Plagnol, Director, Board and Information Services/Corporate Officer, Legal and Legislative Services Date: April 15, 2016 Meeting Date: May 6, 2016 Subject: Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 RECOMMENDATION That the GVRD Board: a) Give first, second and third reading to Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 (the Bylaw ); b) Direct staff to carry out an alternative approval process to obtain elector approval for the Bylaw pursuant to section 269 (previously section 797.5) of the Local Government Act; c) Establish the deadline for receiving elector responses as July 14, 2016; d) Establish elector response forms in the form attached to the report dated April 15, 2016 titled Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 ; e) Determine that the total number of electors of the area to which the approval process applies is 1,637,479; and f) Direct staff to report the results of the alternative elector approval process to the Board and if approval has been obtained, bring the Bylaw forward for adoption by the Board. PURPOSE To seek GVRD Board approval to undertake an alternative approval process to obtain elector consent for the sale and exchange of a portion of Derby Reach Regional Park for other land to be used for park purposes. If elector consent is achieved and the bylaw adopted, a 0.10 hectare portion of land will be acquired from the adjacent land owner, transferred and consolidated with Derby Reach Regional Park (Attachments 1, 2, and 3). In exchange for this land, the Greater Vancouver Regional District ( GVRD ) will sell a 0.45 hectare portion of Derby Reach Regional Park to the adjacent landowner with the difference in value paid to GVRD. BACKGROUND Derby Reach Regional Park opened in 1976 along the shore of the Fraser River in the Township of Langley (Attachment 4). The majority of this 311 hectare (768 acre) park sits between the Fraser River and Allard Crescent with one independent legal parcel (0.44 hectares/1.1 acres) located on the south side of Allard Crescent (the Metro Vancouver Exchange Parcel ) surrounded by an adjoining private cranberry farm (Attachment 4). A 0.1 hectare (0.25 acre) portion of the Adjoining Lands (the Cranberry Exchange Parcel ) is physically separated from its parent parcel by Allard Crescent. This isolated portion lies adjacent to

2 Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 Regional Parks Committee Meeting: May 6, 2016 Page 2 of 3 the main body of Derby Reach Regional Park on the north side of the road. In 2013, the owner of the Adjoining Lands approached GVRD staff with a proposal to exchange their isolated 0.1 hectare Cranberry Exchange Parcel with GVRD s independent 0.44 hectare Metro Vancouver Exchange Parcel and pay additional market compensation to GVRD for the difference in value. An independent appraisal of the two properties estimated the land values at $88,000 for the Metro Vancouver Exchange Parcel and $13,000 for the Cranberry Exchange Parcel. The adjacent land owner has agreed to pay the $75,000 difference in value between the two properties as additional compensation to GVRD. CONTEXT The Metro Vancouver Exchange Parcel is a separate titled parcel while the 0.1 hectare Cranberry Exchange Parcel is part of the parent Adjoining Lands parcel separated by Allard Crescent. The Cranberry Exchange Parcel would need to be severed by way of a subdivision from its parent Adjoining Lands (38.6 hectares/95.5 acres) and transferred to GVRD for parkland. The owner of the Adjoining Lands has received preliminary subdivision approval from the Township of Langley. It is a condition precedent of the Conditional Land Sale and Exchange Agreement that the owner of the Adjoining Lands subdivide the Cranberry Exchange Parcel and transfer estate in fee simple to GVRD. Neither parcel is considered to be buildable due to the low land elevation and servicing requirements. Both parcels are zoned Rural Flood Plain and designated Rural Residential/Agricultural in the Township of Langley Official Community Plan. They are outside of the urban containment boundary in the Regional Growth Strategy. As mentioned previously, an alternative approval process is necessary to obtain consent from the electors for this bylaw. An alternative approval process allows the Board to proceed with a proposed action unless at least 10% of the electors state their opposition within a prescribed period. ALTERNATIVES 1. That the GVRD Board: a) Give first, second and third reading to Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 (the Bylaw ); b) Direct staff to carry out an alternative approval process to obtain elector approval for the Bylaw pursuant to section 269 (previously section 797.5) of the Local Government Act; c) Establish the deadline for receiving elector responses as July 14, 2016; d) Establish elector response forms in the form attached to the report dated April 15, 2016 titled Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 ; e) Determine that the total number of electors of the area to which the approval process applies is 1,637,479; and f) Direct staff to report the results of the alternative elector approval process to the Board and if approval has been obtained, bring the Bylaw forward for adoption by the Board. 2. That the Board decline first, second and third readings to Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 (the Bylaw ) and provide alternate direction.

3 Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, 2016 Regional Parks Committee Meeting: May 6, 2016 Page 3 of 3 3. That the Regional Parks Committee provide alternate direction. FINANCIAL IMPLICATIONS Under the terms of the Conditional Land Sale and Exchange Agreement, GVRD will receive $75,000 monetary compensation for the difference in value between the Metro Vancouver Exchange Parcel and the Cranberry Exchange Parcel from the owner of the Adjoining Lands. Electors will be notified of the opportunity to oppose the Bylaw by notices published in local news media. This advertising will cost approximately $12,000. SUMMARY / CONCLUSION In response to GVRD Board direction, a bylaw has been prepared for the sale and exchange of a portion of Derby Reach Regional Park for other land to be used for park purposes, and documents for an alternative approval process to obtain elector approval for the bylaw pursuant to the Local Government Act have been prepared. Alternative 1 is recommended. Attachments: 1. Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 (DOC ) 2. Elector Response Form (DOC ) 3. Determination of total number of eligible electors ( ) 4. Location map of Derby Reach Regional Park ( )

4 Attachment 1 GREATER VANCOUVER REGIONAL DISTRICT SALE AND EXCHANGE OF A PORTION OF DERBY REACH REGIONAL PARK FOR OTHER LAND TO BE USED FOR PARK PURPOSES BYLAW NO. 1233, 2016 A Bylaw to Authorize the Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes WHEREAS: A. Pursuant to section 280 of the Local Government Act, a regional district, by bylaw adopted with the approval of the electors, may sell or exchange a regional park or regional trail for other land to be used for park purposes; B. The Greater Vancouver Regional District ( GVRD ) is the registered owner of certain lands situated in Derby Reach Regional Park in the Township of Langley, British Columbia more particularly known and described as: Parcel Identifier: Legal Description: LOT 2"A" EXCEPT: FIRSTLY: PART SUBDIVIDED BY PLAN 2986 SECONDLY: PART SUBDIVIDED BY PLAN 30224; DISTRICT LOT 53 GROUP 2 NEW WESTMINSTER DISTRICT PLAN 875 ( Main Park Parcel ); and Parcel Identifier: Legal Description: LOT 7 DISTRICT LOT 53 GROUP 2 NEW WESTMINSTER DISTRICT PLAN as shown cross hatched on Schedule A to this Bylaw ( Metro Vancouver Exchange Parcel ). C. A highway known as Allard Crescent that runs East to West, more or less, separates the Main Park Parcel from the Metro Vancouver Exchange Parcel. D. Coast Cranberries Ltd. is the registered owner in fee simple of the following agricultural lands in the Township of Langley, British Columbia, that are adjacent to the Derby Reach Regional Park, more particularly known and described as: PID Legal Description: WEST 36 CHAINS AND 6 LINKS OF DISTRICT LOT 386A GROUP 2 NEW WESTMINSTER DISTRICT EXCEPT PART ON PLAN (the Main Cranberry Parcel ). Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 Page 1 of 5

5 E. Allard Crescent runs through the Main Cranberry Parcel and physically separates from the southern portion of the Main Cranberry Parcel, a portion of the Main Cranberry Parcel that is contiguous with the Main Park Parcel and that comprises 0.1 hectares, more or less, as shown hatched on Subdivision Plan EPP54738 attached as Schedule A to this Bylaw (the Cranberry Exchange Parcel ). F. Coast Cranberries Ltd. has offered to exchange the Cranberry Exchange Parcel for the Metro Vancouver Exchange Parcel and to provide the GVRD with further consideration in the amount of $75,000.00, which represents the difference in value between the Metro Vancouver Exchange Parcel and the Cranberry Exchange Parcel (the Proceeds ) and the GVRD has agreed. G. The Cranberry Exchange Parcel will be consolidated with the Main Park Parcel and used for park purposes as shown on Subdivision Plan EPP54738 and marked GVRD Parcel Including Consolidated Cranberry Exchange Parcel attached as Schedule B to this Bylaw. All land taken in exchange under section 280 of the Local Government Act is dedicated for the purpose of a park and title to it vests in the GVRD; H. Transfer of the Metro Vancouver Exchange Parcel will have effect free of any dedication to the public for the purpose of a park. I. The GVRD will place the Proceeds to the credit of a reserve fund established for the purpose of acquiring regional parks or regional trails. J. The Board has obtained the approval of the electors by way of alternative approval process to sell and exchange the Metro Vancouver Exchange Parcel for the Proceeds and the Cranberry Exchange Parcel. NOW THEREFORE the Board in open meeting assembled enacts as follows: 1. GVRD shall sell and exchange the Metro Vancouver Exchange Parcel for the Proceeds and the Cranberry Exchange Parcel. 2. The Cranberry Exchange Parcel shall be used for park purposes and shall be dedicated for the purpose of a park. 3. Title to the Cranberry Exchange Parcel shall vest in the GVRD and the Cranberry Exchange Parcel shall be consolidated with the Main Park Parcel. 4. The Metro Vancouver Exchange Parcel shall be transferred to Coast Cranberries Ltd. free of any dedication to the public for the purpose of a park. Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 Page 2 of 5

6 5. This bylaw shall be cited as Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, READ A FIRST, SECOND, AND THIRD TIME this day of, APPROVED BY THE ELECTORS this day of, PASSED, AND FINALLY ADOPTED this day of, Greg Moore, Chair Chris Plagnol, Corporate Officer Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 Page 3 of 5

7 Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 Page 4 of 5

8 Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be Used for Park Purposes Bylaw No. 1233, 2016 Page 5 of 5

9 Attachment 2 ELECTOR RESPONSE FORM OPPOSING THE ADOPTION OF A BYLAW The Board of the Greater Vancouver Regional District proposes adopting the Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes Bylaw No. 1233, Approval of the electors is required pursuant to section 280 (previously 941.1) of the Local Government Act in relation to the proposed Bylaw. Pursuant to sections 269 (previously 797.5) of the Local Government Act and Division 2 of Part 4 and section 282(2)(d) of the Community Charter, approval may be obtained by approval of the electors by alternative elector approval process. The area to which this approval process applies is the Greater Vancouver Regional District, which comprises the areas of its members: Village of Anmore, Village of Belcarra, Bowen Island Municipality, City of Burnaby, City of Coquitlam, Corporation of Delta, Electoral Area A, City of Langley, Township of Langley, Village of Lions Bay, City of Maple Ridge, City of New Westminster, District of North Vancouver, City of North Vancouver, City of Pitt Meadows, City of Port Moody, City of Port Coquitlam, City of Richmond, City of Surrey, Tsawwassen First Nation, City of Vancouver, District of West Vancouver, City of White Rock, and the City of Abbotsford (the Area ). I SIGN THIS FORM CERTIFYING THAT: (a) I am a Canadian citizen; AND (b) I am 18 years of age or older; AND (c) I have been a resident of the Area for at least the last 30 days; OR I am not a resident of the Area but I have been the registered owner of real property within the Area for at least the last 30 days (and if there is more than one registered owner of the property, I am the person named in the written consent on the other side of this form as the person entitled to register as a Non Resident Property Elector for the property described below); AND (d) I have been a resident of the Province of British Columbia for at least the last 6 months; AND (e) I oppose the adoption of the Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for other land to be used for Park Purposes Bylaw No ; AND (f) I am not disqualified by the Local Government Act or any other enactment from voting in an election or otherwise disqualified by law; AND (g) I have not signed or submitted another Elector Response Form with respect to this Bylaw. Name: Surname First Name Residential Address (in the case of non resident elector, the address which entitles him/her to vote): Street Address British Columbia Municipality Postal Code Signature: Date: Please mail, deliver or submit your completed form to: Metro Vancouver, Attention: Corporate Officer, 4330 Kingsway, Burnaby, British Columbia, Canada, V5H 4G8 (as a scanned attachment) at icentre@metrovancouver.org or facsimile at Responses must be received by the Corporate Officer by no later than 4:00 p.m. on July 14, 2016

10 ELECTOR RESPONSE FORM (Continued from page 1) REGISTERED OWNERS CONSENT TO A PERSON REGISTERING AS A NON RESIDENT PROPERTY ELECTOR Note: Complete this side of the form if there is more than one registered owner. Each registered owner must provide consent to the person registering as a Non Resident Property Elector. The person designated as the Non Resident Property Elector must be one of the owners of the property and must be one of the individuals granting consent. WE, together with the person registering as a non resident property elector, constitute a majority of registered owners of real property situated in the Area, and hereby give consent to: Surname, Given Name of Person Designated to be the Non Resident Property Elector To be registered as the Non Resident Property Elector for the jointly owned property described on the other side of this form. Registered Owner s Surname, Given Name Signature Registered Owner s Surname, Given Name Signature Registered Owner s Surname, Given Name Signature Registered Owner s Surname, Given Name Signature Registered Owner s Surname, Given Name Signature

11 Attachment 3 To: From: Regional Parks Committee Chris Plagnol, Director, Board and Information Services/Corporate Officer, Legal and Legislative Services Date: April 15, 2016 Meeting Date: May 6, 2016 Subject: Determination of Total Number of Eligible Electors Alternative Approval Process for the GVRD Sale and Exchange of a Portion of Derby Reach Regional Park for Other Land to be used for Park Purposes 1233, 2016 PURPOSE To establish the fair determination of the total number of electors of the Greater Vancouver Regional District, as well as Abbotsford, for the purposes of an alternative approval process regarding the Greater Vancouver Regional District Sale and Exchange of a Portion of Derby Reach Regional Park for other land to be used for Park Purposes 1233, 2016 (Bylaw). Fair determination of electors in participating areas for a service is required for an alternative approval process pursuant to section 86(3)(c) of the Community Charter. BACKGROUND The participating areas for the service proposed by the bylaw are: City of Abbotsford, Village of Anmore, Village of Belcarra, Bowen Island Municipality, City of Burnaby, City of Coquitlam, Corporation of Delta, Electoral Area A, City of Langley, Township of Langley, Village of Lions Bay, City of Maple Ridge, City of New Westminster, District of North Vancouver, City of North Vancouver, City of Pitt Meadows, City of Port Moody, City of Port Coquitlam, City of Richmond, City of Surrey, Tsawwassen First Nation, City of Vancouver, District of West Vancouver, City of White Rock. Calculation of the number of electors in the participating areas was based on information provided by Elections BC. This public agency maintains an up to date list of registered electors. According to Elections BC, the total number of registered electors in the participating areas, as of January 6, 2016, is 1,637,479. Ten percent (10%) of 1,637,479 is 163,748. Approval of the electors by alternative approval process, pursuant to section 86 of the Community Charter, is obtained if the number of elector responses received is less than 10% of the number of electors of the areas to which the approval process applies. SUMMARY / CONCLUSION The total number of electors for the participating areas is determined to be 1,637,479 based on information supplied by Elections BC. Approval of the electors for the Bylaw is obtained if the number of elector responses received is less than 10% of the number of electors (or 163,748 electors)

12 Attachment