DISPOSITION OF PARK LAND TO THE CAPITAL REGIONAL DISTRICT – AAP DETERMINATION & CERTIFICATION AND NOTICE OF DISPOSITION
Report on the results of the Alternative Approval Process (AAP) for selling four parcels of park land to the CRD and seeking approval for the final notice of disposition.
TOWN OF VIEW ROYAL COUNCIL REPORT
TO: Council DATE: May 31, 2022 FROM: S. Jones, Corporate Officer MEETING DATE: June 7, 2022
DISPOSITION OF PARK LAND TO THE CAPITAL REGIONAL DISTRICT – AAP DETERMINATION & CERTIFICATION AND NOTICE OF DISPOSITION
RECOMMENDATION:
THAT the Notice of Disposition provided as Attachment “B” to the Corporate Officer’s May 31, 2022 report titled “Disposition of Park Land to the Capital Regional District – AAP Determination & Certification and Notice of Disposition” be approved.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
- To provide the results of the alternative approval process to Council.
- To seek Council approval of the disposition notice.
BACKGROUND:
As outlined in the April 5, 2022 staff report, View Royal is working through the process set out in sections 26 – 30 of the Community Charter to dispose of four Town-owned properties for $927,500 adjacent to Mill Hill Regional Park to the Capital Regional District (see Maps 1 and 2 below).
It would be beneficial to consolidate the properties under the Mill Hill Regional Park umbrella given that CRD Parks is a well-equipped agency to manage and maintain these large areas of public, undeveloped, forested, and challenging terrain. Through CRD ownership, the land would be retained in perpetuity for public park purposes, under a Land Title Act Section 219 covenant.
Map 1
Map 2
Two of the four properties are fee simple titles (A and B on Map 2) while the other two (C and D on Map 2) are dedicated as park land.
The April staff report focused on these latter two properties and the related bylaw requirements that necessitated approval of the electors through either an assent process (voting) or an alternative approval process (section 84 of the Community Charter). At that meeting, Council gave three readings to the two park land disposition bylaws; agreed to proceed with an alternative approval process; established the associated elector response forms; set a deadline for receipt of elector responses; and confirmed the total number of electors of the area to which the approval process applied.
The following motion was passed at the April 5, 2022 Council meeting:
- THAT the elector response form as provided as Attachment “B” to the Corporate Officer’s March 31, 2022 report titled “Disposition of Park Land to the Capital Regional District Through an Alternative Approval Process” be established;
- AND THAT 4:30 p.m., Tuesday, May 24, 2022 be the deadline to receive elector responses;
- AND FURTHER THAT 9,655 is confirmed as the total number of electors of the area to which the approval process applies. (C-33-22)
As well, Disposition of Park Land Bylaw No. 1090, 2022 and Disposition of Park Land Bylaw No. 1091, 2022 were given three readings at that meeting.
DISCUSSION:
This report provides the results from that alternative approval process and describes the next legislatively prescribed step in the disposition process – the disposition notice.
With the deadline now past, the Corporate Officer has certified the results of the alternative approval process – see Attachment “A” (section 86(8) of the Community Charter). Having received no elector response forms, approval of the electors has been obtained and Council may proceed with consideration of adoption of the two park land disposition bylaws at the appropriate time.
The next step in the land disposition process is notice of the proposed disposition in keeping with sections 26(3) and 94 of the Community Charter. Attachment “B” is copy of the proposed disposition notice.
An updated timeline from the April 2022 report is as follows:
| Proposed Activity | Date | Status |
|---|---|---|
| 1st, 2nd, and 3rd readings of Bylaw No. 1090 and 1091 by Council | Consideration at April 5, 2022 Council meeting | Complete |
| Notice of Elector Alternative Approval Process in newspaper | April 13 and 20, 2022 | Complete |
| Deadline for receipt of elector responses at least 30 days after 2 ad runs | May 24, 2022 at 4:30 p.m. | Complete |
| Determination & certification of elector approval by Corporate Officer | May 25, 2022 | Complete |
| Follow-up report to Council | June 7, 2022 | |
| Notice of Disposition in newspaper | June 15 and 22, 2022 | |
| Consideration of adoption of Bylaws No. 1090 and 1091 by Council | July 5, 2022 |
As required by the Community Charter, proceeds from the sale of the park land would be placed to the credit of a reserve fund for park land acquisition.
RECOMMENDATION:
THAT the Notice of Disposition provided as Attachment “B” to the Corporate Officer’s May 31, 2022 report titled “Disposition of Park Land to the Capital Regional District – AAP Determination & Certification and Notice of Disposition” be approved.
SUBMITTED BY: S. Jones, Corporate Officer
REVIEWED BY: K. Anema, Chief Administrative Officer
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