In its November 20, 2018 edition, the Peak published the story, “ALC (Agricultural Land Commission) orders City of Powell River to remove road.”
The road in question, known as the “looped road” at the south east end of Timberlane Estates in the Townsite, was built by developers on adjacent land not owned by them located in the Agricultural Land Reserve (ALR).
Social media contributors have suggested that the developers of Timberlane Estates, not just the city, should be responsible for the cost to remediate the affected agricultural lands.
A March 21, 2018 Peak article [“City hits roadblock with land commission”] reported that, “[Mayor Dave] Formosa said the developers never wanted the road loop in the subdivision. The original plan was for a cul-de-sac at the end of each road. It was the city that requested it be built and it is the city’s error according to Formosa.”
In contrast to this statement, a July 2009 Technical Memorandum and drawing by the developer’s engineer indicates a proposed Timberlane Estates Subdivision layout of 33 lots and that the “looped road” will be located not on the developer’s property but on the adjacent PRSC land within the ALR. This information was submitted by the developer to the city for consideration prior to the city issuing its September 2009 Preliminary Layout Review requirements to the developer.
Given the above, it would also be logical to conclude that PRSC, the owner of the adjacent ALR land, agreed prior to July 2009 that the developer may locate the “looped road” on PRSC land.
It must be recognized that the city was the adult in the room and on September 8, 2009, it issued a Preliminary Layout Review letter to the developer stating it would accept a Statutory Right of Way and “looped road” within it located on the adjacent PRSC land within the ALR. No approval for this Right of Way and road was ever sought or obtained from the commission, a clear contravention of the ALC Act and ALR Regulation.
On June 23, 2017, the city purchased the PRSC property.
On October 22, 2018, the ALC served the city with a remediation order requiring it to remove the “looped road” and remediate the soil by February 28, 2019, and to have Statutory Right of Way BB1318856 removed from the property title by August 31, 2019.
The order also states that should the city wish to dispute the terms of the order it may appeal to the commission within 60 days.
Given the ALC Act provides that a primary purpose of the commission is “to preserve agricultural land” and that senior city staff have publicly acknowledged that the Statutory Right of Way and “looped road” within it are in contravention of the ALC Act and ALR Regulation, it is difficult to imagine what the basis of any city appeal of the remediation order could be.
Perhaps city council will agree with the social media contributors and seek to have the developer also named in the remediation order.
George Orchiston
Joyce Avenue
