REGIONAL BOARD REPORT

Transcription

1 REGIONAL BOARD REPORT TO: REGIONAL BOARD FROM: WESTSIDE PARKS AND RECREATION COMMISSION (Dec. 7/04) DATE: December 13, 2004 SUBJECT: Park Dedication Proposal Subdivision Application Additional Recommendations (Proposed subdivision of Part of the Lot 11, Plan KAP48461, DLs 4662 & 1117, ODYD and Lot B Plan KAP74459, DLs 4662 & 1117, ODYD - Spyglass Way/Scott Crescent) *************************************************************************************************** The following report outlines a proposed parkland dedication resolution for park dedication requirements related to a subdivision application proposing forty-five (45) bare land strata lots in the R1 zone on a hectare (28.74 acre) parcel (please refer to pg. 4 Location Map ). This park dedication proposal was presented to the commission on July 20, Parks and recreation staff propose that the following additional recommendations be included in the parkland dedication resolution for this subdivision application. The applicant has provided a letter of undertaking and is in agreement with the proposed park dedication requirements (please refer to pg. 7 Applicant Letter of Undertaking ). The Westside Parks & Recreation Commission, at their December 7, 2004 meeting, proposed that the Regional Board adopt the following: ADDITIONAL RECOMMENDATION: THAT the Regional Board, in addition to resolution #380/04 adopted on September , further requires that the applicant have a report prepared by a registered professional forester for the proposed open space park, to assess the risk of wildfire and make recommendations for fuel modifications which could reduce the risk of wildfire; AND FURTHER THAT the applicant must complete any required wildland/urban interface mitigation work for the proposed open space park, located within Lot 1, Plan 55153, subject to approval by the Director of the Regional District Parks and Recreation Department or designate, prior to the transfer of title of any parkland to the Regional District of Central Okanagan. This is for your information and consideration. C:\Documents and Settings\maryjane\Local Settings\Temporary Internet Files\OLK5\Park Dedication_ _Additional Recommendation.doc

2 ORIGIN: The applicant has submitted a subdivision application for consideration of the Regional Board. The proposed subdivision is to create forty-five (45) bare land strata lots in the R1 zone (please refer to p.5 Proposed Plan of Subdivision ). The following recommendations were adopted at the Westside Parks and Recreation Commission meeting of July 20, 2004: THAT the Regional Board approve park dedication requirements in conjunction with subdivision application and any future subdivision of Lot 11, Plan KAP48461, DLs 4662 & 1117, ODYD and Lot B Plan KAP74459, DLs 4662 & 1117, ODYD - Spyglass Way/Scott Crescent; AND FURTHER THAT the applicant shall secure the 0.58ha. (1.43 acre) parkland requirement for this subdivision application in the form of an off-site parkland dedication of a portion of Lot 1, Plan that encompasses Faulkner Creek; AND FURTHER THAT the off-site parkland dedication be secured by the applicant, on behalf of the Regional District, via a Covenant under Section 219 of the Title Act, to be registered on Lot 1, Plan 55153; AND FURTHER THAT if the Section 219 Covenant for the off-site parkland dedication on Lot 1, Plan is not registered prior to registration of the proposed subdivision, the applicant shall submit a letter of credit for $78, as security to ensure that the Section 219 Covenant is registered within a one-year (1) timeframe from the date of Regional Board review, or these funds will be withdrawn and be considered as satisfying park dedication requirements in conjunction with registration of the subdivision. AND FURTHER THAT if the subdivision registration is not completed within a oneyear time frame from the date of Regional Board review, a re-evaluation of the park dedication requirements will be required for further review by the Westside Parks & Recreation Commission and the Regional Board. 2 of 8

3 ANALYSIS: It has been brought to the attention of parks and recreation department staff that the 4.2ha. (10.38 acre) off-site parkland dedication of the Faulkner Creek corridor may have significant wildland-urban interface issues. Parks and recreation department staff have undertaken a preliminary review of the proposed parklands and estimate that any fuel modification work to reduce any wildland-urban interface impacts may take a 5-person crew a minimum of three weeks to accomplish. In addition to the preliminary review by staff, the department has also received phone calls from residents adjacent to the Faulkner Creek corridor (inclusive of the proposed parklands), who are concerned about wildland-urban interface issues. With this in mind, parks and recreation department staff recommend that an assessment of the lands be carried out by a registered professional forester and any recommended mitigation work be undertaken by the applicant prior to transfer of the land to the Regional District. Original report analysis from July Under Section 941 of the Local Government Act, park dedication requirements are applicable at the time of subdivision. The subdivision application was originally submitted in September 2003 by Initial Properties and Westside Heights Properties. At that time, parks and recreation staff reviewed the application and recommended that an off-site parkland dedication option be utilized, on a portion of the neighbouring lands, also owned by Initial Properties and Westside Heights Properties. The proposed off-site parkland dedication area encompasses the Faulkner Creek corridor and meets the Westside Parks and Recreation Masterplan (1996) linear park requirements. The dedication of this land would result in a publicly accessible connection of the existing Faulkner Creek Park (located directly to the west), and would run eastwards to Horizon Drive (please refer to pg.6 Proposed off-site parkland dedication map ). The dedication of this portion of land would provide public recreational opportunities for linear trails and hiking, and would also protect the stream corridor of Faulkner Creek. This parkland dedication proposal has remained unresolved until June 2004, at which time parks and recreation department staff met with the new owners of the property, Georgia Strait Construction Ltd, to discuss this matter. Georgia Strait Construction Ltd., has agreed, on behalf of the Regional District, to negotiate with the owner of Lot 1, Plan 55153, to secure the proposed off-site parkland dedication, via a 3 of 8

4 Covenant under Section 219 of the Title Act Should the registration of the 219 Covenant for parkland dedication not be completed prior to registration of the proposed subdivision, parks and recreation department staff are prepared to accept a letter of credit in the amount of $78, as security to ensure registration of the 219 Covenant. This value is based on the 0.58ha. (1.43 acre) parkland requirement of the subdivision application, and a $135, per hectare ($55, per acre) land value, as determined through research of comparable zoned properties and discussions with the BC Assessment Authority. CONCLUSION: Parks Staff recommend support of the additional recommendations in conjunction with the option to secure an off-site parkland dedication of the lands encompassing Faulkner Creek on Lot 1, Plan via a Section 219 Covenant, subsequent to both the Westside Parks and Recreation Commission and Regional Board approval. Respectfully submitted, Westside Parks and Recreation Commission 4 of 8

5 Tstinstikeptum Indian Reserve 10 W estside Road Electoral Area 'W estside' Subdivision application Highway 97 Location Map Park Dedication Proposal - Subdivision Application (Proposed subdivision of Part of the Lot 11, Plan KAP48461, DLs 4662 & 1117, ODYD and Lot B Plan KAP, DLs 4662 & 1117, ODYD - Spyglass Way/Scott Cresent) 5 of 8

6 Proposed plan of subdivision 6 of 8

7 Proposed off-site parkland dedication map Rose Valley Regional Park Subdivision Application Electoral Area 'Westside' Horizon Park Tstinstikeptum Indian Reserve 10 Area outlined in green is the proposed off-site parkland dedication area of a portion of Lot 1, Plan Area is approximately 4.2Ha. (10.40 acres) in size Faulkner Creek Park H o r i z o n D r i v e Faulkner Creek H o r i z o n D r i v e Proposed off-site parkland dedication map Park Dedication Proposal - Subdivision Application (Proposed subdivision of Part of the Lot 11, Plan KAP48461, DLs 4662 & 1117, ODYD and Lot B Plan KAP, DLs 4662 & 1117, ODYD - Spyglass Way/Scott Cresent) 7 of 8

8 Applicant letter of undertaking 8 of 8