To: Mayor and Council

The Corporation of Delta COUNCIL REPORT

Regular Meeting

File No.: ENQ-00608

From: Community Planning & Development Department Parks, Recreation & Culture Department

Date: October 24, 2011

10A Avenue Boulevard Landscaping

F.02

The following report has been reviewed and endorsed by the Chief Administrative Officer.

• RECOMMENDATION:

THAT $8,000 be approved from the Landscape Reserve Fund to implement landscaping improvements on the north side of the 10A Avenue boulevard , generally between 56A Street and 57 Street, as shown in Attachment A.

• BACKGROUND:

The municipal boulevard on 10A Avenue, between 56A Street and 57 Street, has had a history of concerns from both the residents to the north in the Royal Oaks Strata complex and the residents of the single family homes to the south . Concerns relate to trees and landscaping as well as maintenance obligations associated with this strip of municipal land.

At the time that the Royal Oaks Strata complex (the Strata) was originally developed, residents on the south side of 10A Avenue were concerned with the landscape buffer between their existing neighbourhood and the new complex. The Strata site had a significant number of existing pine trees just inside the fence line of the complex that were retained on the site as part of the development's overall landscaping. The neighbours to the south believed these trees were protected by covenant. Over the years, the pine trees continued to mature and become problematic for the Strata and, on occasion , the Strata has removed one or more of the trees. At some point the residents south of the Strata were able to obtain further tree planting , and installed several small informal shrub beds on the north side of the municipal boulevard, outside the solid fence of the Strata, but still within the bounds of the Strata's maintenance obligation. The added tree planting in the boulevard covered a portion , but not the entire length of the boulevard .

• DISCUSSION:

In May of this year, Mayor and Council received correspondence from residents of 10A Avenue expressing concerns regard ing removal of a further pine tree at the Strata address. Staff confirmed that the Strata trees are not protected by covenant and a

10A Avenue Boulevard Landscaping File No. : ENQ-00608

Page 2 of 3

October 24, 2011

removal permit was issued. The tree was one of several older pines located in the rear yards of units which back onto and are visible from 1 OA Avenue and the Strata indicated that more trees will be required to be removed in the future. The residents of 10A Avenue requested that the Municipality not approve any further removals and require the Strata to plant additional trees on the boulevard in a dense form similar to those planted previously.

The Strata has several concerns with this in that the existing pine trees will require systematic removal to prevent damage to their structures, the dense planting proposed removes too much light from their homes and they are responsible for maintenance of the trees and existing shrub beds outside their property.

The residences south of 10A Avenue are concerned that the continued removal of pine trees does not create the landscape buffer they believed was promised to them when the development took place.

Delta staff met with both parties (Strata and 10A Avenue residences) individually and together over the summer to develop a plan that was satisfactory to both parties (Attachment A). The plan includes a planting of a further 13 trees along the remaining boulevard of 10 A Avenue, but not to the density of the previous planting, removal of the shrub beds (that have become unsightly), installation of some new shrubs along the fence pockets, and installation of a simple gravel pathway connecting a walkway from 56 Street to 57 A Street.

The Municipality estimates the cost of the tree planting, shrub planting / bed removal and pathway at $8,000. It is also recommended that the boulevard maintenance fall to the Municipality as it serves as a pedestrian connection and clearly does not provide any benefit to the Strata. The estimated maintenance cost is $1,500 annually.

Staff have reviewed the documentation associated with the original development and cannot identify any legal documents that would need to be amended for the Municipality to assume maintenance obligation for the boulevard.

The proposed solution was supported by both the Strata and the residents south of i0A Avenue, as provided in the attached letters (Attachments B and C).

If approved by Council, staff would implement the landscaping plan as soon as practical, but the exact timing would be dependent upon availability of species and work crews. If the works cannot be done this fall, they would be added to the work program for the spring of 2011. .

Implications: Financial Implications - The cost to purchase and plant the trees and shrubs, and install the gravel pathway is approximately $8,000, which can be accommodated within the Landscape Reserve Fund. The cost of boulevard maintenance is estimated at an annual cost of $1 ,500. Maintenance funding can be considered in the 2012 Operating Budget.

, I

10A Avenue Boulevard Landscaping File No.: ENQ-00608

• CONCLUSION:

Page 3 of 3

October 24, 2011

Earlier this year, residents along 10A Avenue expressed concerns regarding tree removal at the Royal Oaks Strata Complex. Staff facilitated several meetings to determine the nature of the concerns of the residents and the Strata, and have presented a concept plan for an extension of the landscaping along the north side of the 10A Avenue boulevard, between 56A Street and 57 Street. The residents consulted and the Strata generally support the landscape concept.

It is recommended that funding be approved from the Landscape Reserve Fund as a one-time expense for the installation of the new landscaping. Maintenance would be undertaken by Delta as part of its regular boulevard maintenance program.

~ Tho Ken Kuntz Dire or, Community Planning & Development Director, Parks, Recreation & Culture

This report has been prepared in consultation with the following listed departments.

Concurring Departments

Department Name Signature

Engineering Steven Lan J~ Finance Karl Preuss ~£". -

• ATTACHMENTS:

A. Subject Area Map and Proposed Landscape Concept B. Letter from Royal Oaks C. Letter from Residents of 10A Avenue

Department submission prepared by: Marcy Sang ret, Deputy Director, Community Planning & Development MS/jf/sl

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Corporation of Delta

4500 Clarence Taylor Crescent

Delta, Be

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Attachment 8 Page 1 of 3

October 6, 2011

Attention: Marcy Sang ret, Deputy Director of Community Planning & Development

Dear Sirs:

Re: Royal Oaks -1100 56th Street, Delta - 10A Avenue Boulevard

On behalf of the Owners, Strata Plan LMS 515, Royal Oaks, further to the meeting held September 28, 2011. Thank you for the presentation to address the 10A Avenue boulevard.

The strata corporation provides approval of the plan as presented, as documented by the attached photographs of the display boards, and to include thirteen (13) new trees planted on the boulevard along the path (Armstrong maple, False Cypress and Persian Ironwood) and shrubs in the fence alcoves (Burning Bush and David's Vibernum).

This approval is also subject to the agreement that the Corporation of Delta will assume all responsibility for maintenance of this area commencing December 1, 2011 . Please confirm this date as being acceptable to Delta and we will notify the strata corporation's landscape contractor of this change accordingly.

We trust that the issues raised by neighbouring residents have been thoroughly addressed by the plan of the Corporation of Delta and anticipate this plan as a final resolution.

Yours truly,

RE/MAX Property Management Services

~i~~~, cc. Strata Council

#270-4311 Viking Way, Richmond. BC V6V 2K9 Bus: 604-821-2999 Fax: 604-821-1822

Division of REiMAX Commercial Realty

RECEIVED

OCT 1 l ZOl1

('nllHnHn il Y Planning &. lk\"~lupmen t Dept ..

Marcy Sangret Deputy Director of Community Planning and Development .The Corporation of Delta 4500 Clarence Taylor Cres Delta BC V4K 3E2

28 September 2011

Dear Ms. Sangret:

RE: IDA Avenue Boulevard Landscaping

Attachment C Page 1 of 2

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Community Planning &, Development Dept.

Thank you for the opportunity to meet with Corporation of Delta staff on Monday, September 26, 2011 to review the landscape plan for the IDA Avenue Boulevard . We trust you will forward this letter to Ken Kuntz and those others in your office who were present at the meeting.

As homeowners along the south edge of IDA, facing the Royal Oaks complex, we recognize the plan is a compromise between our interests and those of Royal Oaks Strata Corporation, and that it also takes into account the staffing and budgetary constraints of the Corporation of Delta.

We are prepared to accept the plan as presented, with the following conditions, as discussed:

1. No trees will be removed on the Corporation's property (that is, on the boulevard to the south of the Royal Oaks fence), with the possible exception of two pine trees located in the fence "alcove" opposite 5646 IDA Avenue. Every attempt will be made by the Corporation to retain those two pine trees for a five year period (approximately) to allow establishment of additional plantings and growth of other existing trees as included in the plan. The two pine trees may be removed after five years if the Corporation determines them to be unhealthy and/or dangerous. If, and when, they are removed, the Corporation will replace them with other trees in keeping with the landscape plan.

2. The Corporation will plant an additional 13 trees along the boulevard, including several Persian Ironwood trees, to supplement the trees already established there, provide privacy screening for homeowners on IDA, and to "balance" the appearance of the eastern portion of the boulevard with the western end.

3. The current plant beds located in the middle of the boulevard, and all along its length, will be removed by Corporation staff. Homeowners along IDA are welcome to remove some of the plants and shrubs from these beds for use in their own gardens before the Corporation commences clearing them out.

4. Ivy will be removed from along the fence, along with any shrubs or plants which are dying or unhealthy, and the Corporation will plant other shrubs in thefence "alcoves" and along the fence to soften the fence edge and improve its appearance.

Attachment C Page 2 of 2

S. A meandering gravel pathway will be installed along the boulevard, between the trees, to provide a safer walkway along lOA, which does not have a sidewalk.

6. The remainder of the boulevard surface will be maintained as grass. 7. All maintenance and upkeep of the boulevard, including the section along the public

pathway at the western end which connects lOA to 56 Street, will be maintained by Corporation staff. Part of this maintenance will include replacement of trees in keeping with the landscape plan whenever trees are lost for any reason .

8. Royal Oaks strata corporation will be required to abide by the current (as well as any future) Delta by-laws respecting tree removal and replacement for those trees within its property boundaries, and of course will not be permitted to remove any trees on the boulevard itself.

9. The implementation of the landscape plan by the Corporation will commence as soon as possible, with the intention of having the entire plan in place by the start of the growing season in the spring of 2012.

Once again thank you for consulting with us. Please keep us informed of the status of this project as it progresses.

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