Business Items    Item #   10. a.            
Regular Council Meeting Agenda
Meeting Date: 01/14/2019  
Title: Removal of Municipal Reserve Designation - Council Resolution - Part of Lot 1R, Block 1, Plan 782 3421 - Levasseur
Department: Planning & Infrastructure

Request for Decision Summary
The purpose of this Request for Decision is to seek Council's consideration of a resolution to remove the municipal reserve designation from a portion of a municipal reserve parcel located in Heritage Grove Park abutting Weston Drive and located east of St. Joseph Catholic School.  The lands are proposed to be removed from Municipal Reserves to facilitate the sale of the lands to correct an encroachment into the park from an abutting landowner.  

Administration supports this municipal reserve disposition subject to receipt of a signed sales agreement.

Proposed Motion
That the municipal reserve designation be removed from all that portion of Lot 1R, Block 1, Plan 782 3421, containing 0.033 hectares of land,  that is shown as proposed Lot 2 on the Tentative Plan  of Subdivision (File: 18-055PROP.DWG) prepared on November 21, 2018, by Northlands Surveys.

A part of municipal reserve Lot 1R, Block 1, Plan 782 3421, which is part of Heritage Grove Park, has certain encroachments into it from an abutting parcel.  The park lands are currently fenced, sodded, and being maintained as part of an existing manufactured home park unit located in the Mobile City Estates manufactured home court.  This manufactured home in question has its west wall more or less located on the park's property line, and its building extensions that include a significant deck, part of which is covered, and concrete pads front and back are located within Heritage Grove Park.  The subject lands are bounded on the west by a ball-field within the parkland, to the north by a natural tree stand, and to the west and south by manufactured homes (see Attachment B).

As a proposed solution to this encroachment matter City administration proposes to redistrict, subdivide, and sell approximately 0.033 hectares of the reserve parcel to the abutting landowner.  The removal of this small sliver of land on the park edge is not regarded as causing or having any detrimental effects on the overall park, and therefore its removal to correct the encroachment matter is supported by administration.  This solution requires that the municipal reserve designation for the subject parkland must be removed by City Council prior to its sale.  Additionally, a redistricting of the lands from P1- Parks and Recreation to RMHC District is also required, and that process is proceeding concurrently with this proposed municipal reserve designation removal process under Bylaw C-1059-18.  
The sale of the required part of these subject lands requires that Council remove the land's municipal reserve designation after a public hearing, and in accordance with Section 675 for the Municipal Government Act. Pursuant to the requirements of Section 674 of the Municipal Government Act, Council held a public hearing on January 14, 2018, to remove the municipal reserve designation from a portion of a MR parcel.  

Notice of this public hearing was advertised in the Spruce Grove Examiner (December 28, 2018 and January 4, 2019) and a notice was posted on the subject site.  Additionally, adjacent landowners were provided written notice of the public hearing in accordance with the requirements of the Act, and similar notice was posted on the City's website.  
When Council, by motion, approves the removal of the municipal reserve designation and the lands are redistricted, administration will complete the necessary documentation required by Land Titles to register the required subdivision and transfer the lands upon payment.
The City will reduce the existing Heritage Grove Park by 0.033 hectares in land by land sale, and this action will correct an encroachment into the park lands from the abutting landowner.   

Tentative Subdivision Plan
Location Plan Aerial