Title
Public Hearing - 9:30 a.m. (30 mins.)
Duffield Downs Subdivision - Land Exchange and Disposal of Part of Municipal Reserve Lot R-1 in the Area of NW 02-53-3-W5M in Exchange for Lot 2 (privately owned).
Proposed Motion(s)
That upon closing the Public Hearing:
1) Council approve the disposal of part of Municipal Reserve Lot R-1, Block 2, Plan 7820188 (NW 02-53-3-W5M) to the Applicant.
2) Council accept the transfer of title of the Applicant's Lot 2, Block 2, Plan 7820188 to the County in exchange for disposal of part of Municipal Reserve Lot R-1, Block 2, Plan 7820188.
Body
Purpose:
The disposition of a portion of Parkland County's Municipal Reserve Lot R-1, Block 2, Plan 7820188 totaling approximately 0.54 ha (1.3 ac) in exchange for the applicant's Lot 2, Block 2, Plan 7820188 of environmentally significant and essentially undevelopable land1.2 ha (3 ac) located within the Duffield Downs Subdivision (NW 02-53-3-W5W). Please reference the attached Lead Sheet and Administrative Report for more details.
Summary:
The exchange will involve disposal of 0.54 ha (1.3 ac) portion of Municipal Reserve Lot R-1, owned by Parkland County, for the Applicant's Lot 2, Block 2, Plan 7820188, and consolidation of this MR portion through a Lot Line Adjustment to the Applicants Lot 3, thereby increasing Lot 3's total size from 1.22 ha (3.03 ac) to 1.76 ha (4.33 ac). In return, the Applicant will give the County his Lot 2 of 1.2 ha (3 ac), which will be consolidated with the the residual Municipal Reserve Lot R-1, thereby increasing its size from 14.7 ha (36.4 ac) to 15.9 ha (39.4 ac). Exact hectares/acres and dimension of Lots will be determined at the completion of the Subdivision Application. All costs associated with the disposal, land exchange, and subdivision (lot line adjustments) shall be covered by the property owner (Applicant). As part of the exchange a portion of the NE corner of the Applicant's Lot 3, Block 2, Plan 7820188 may also have to be included in the exchange to include a wetland area to be consolidated in the expanded Municipal Reserve Lot R-1.
Discussion on September 26th between Administration and the Applicant(See Attached Lead Sheet for Specific Details and Costs):
1. Discussed approximate costs and appraised value of land in the exchange.
2. The Applicant stated that he would not be willing to pay for the associated cost for the proposed land exchange.
3. Administration indicated that perhaps some costs can be negotiated and/or covered by Parkland County.
4. Various other options were presented to the applicant such as:
· Donating Lot 2 to the County thus, being able to receive a donation tax receipt.
· If not exchanged Lot 2 will be reassessed due to the undevelopable nature, allowing for his taxes to be reduced on the current Lot 2.
5. Remapping of the of the proposed land exchange on the diagonal to include the portion of Lot 3's water course, taking less of Lot 2 in exchange, as suggested by Council during first reading. This will allow greater protection of the watercourse and increased access to the Municipal Reserve lands. (Refer to Alternative Map Lot2 and Lot3)
6. The Applicant was very interested in such a re-design and configuration of the property and stated he would be willing to approve such a design.
7. The Applicant had requested that Administration address the following questions. Administrations answers are as follows:
a. Can the County ease the requirements of future agricultural land use agreements on the Applicant's remaining four other properties? - NO, Assessment will be contacting the Applicants about this situation.
b. Can the 3 years of taxes paid on the undevelopable piece of property (the current Lot 2) be reimbursed? - NO, Assessment indicated that all property owners have the right to contact Assessment Services to reassess their property if they feel the current assessment is incorrect.
c. Since the Lot that they would be giving up was probably over assessed, could the assessment for Lot 3 be left unchanged until the next general assessment of Parkland County? "What is being requested is of minimal dollar value but would be an appreciated gesture". - NO, Assessment indicated every year all property within the County is assessed, no exceptions.
Administration's Position:
Administration supports this proposal and would like to proceed with the disposal of a portion of Municipal Reserve Lot R-1, in exchange for the Applicant's larger and more environmentally significant Lot 2. Or alternatively, on the diagonal take a portion of Lot 3 on the Northeast corner to further protect the watercourse and access to the Municipal Reserve; in exchange for less of Lot 2 on the Northwest portion of the property (Refer to Alternative Map Lot2 and Lot3).
Strategic Plan/Legal/Staff Implications:
1) The request is consistent with Municipal Development Plan- Section 3, Subsection 3.10 and Land Use Bylaw Section 3(a)(ii) "Lots created in Parkland County must have at least 0.8 ha (2.0 ac) of contiguous developable land."
2) The request is consistent with Municipal Development Plan- Section 8, that Parkland County is to plan, protect and manage recreation open space and resources for the advantage of all County residents."
3) The request is consistent with Municipal Development Plan- Section 6, Goal.2; the "County supports protecting environmentally significant areas and, in particular, it supports maintaining the environmental integrity of the County's rivers, streams and lakes."
Alternatives:
1) Council could decide not to dispose of part of Municipal Reserve Lot R-1 and subsequently defeat theproposed motion.
2) Council could table the Municipal Reserve (R-1) disposition and request additional information.
Other (As Required)
Internal Referrals and Comments:
1) As directed by Governance Priorities Committee (GPC) and Mayor and Council during first reading, Administration will notify all landowners within the Duffield Downs Subdivision of the proposed land exchange prior to the Public Hearing.
2) The Applicants have additional request of Administration and Council. Reference the attached Administrative Report.
3) Engineering- No Comment Received
4) Assessment- Property assessment on the proposal produced, No further comments (See Appraisals "Lot 2 & MR land").
5) Finance- No Comments Received
6) Parks and Agriculture- Comments Received- "No concerns with this application".