City of Surrey ADDITIONAL PLANNING COMMENTS File:

Transcription

1 City f Surrey ADDITIONAL PLANNING COMMENTS File: PROPOSAL: Planning Reprt Date: April 18, 2011 Subdivisin within ALR under Sectin 946 f the Lcal Gvernment Act in rder t allw subdivisin f 4.16 acres frm a 57-acre parcel lcated in the Agricultural Land Reserve. LOCATION: OWNER: ZONING: A-1 OCP DESIGNATION: NCP/LAP DESIGNATION: Street Clbreeze Ranch Ltd. Agricultural Agricultural

2 Staff Reprt t Cuncil File: Additinal Planning Cmments Page 2 RECOMMENDATION SUMMARY Staff recmmends that this reprt be received as infrmatin. DEVIATION FROM PLANS, POLICIES OR REGULATIONS This applicatin des nt cmply with the plicies f the OCP with respect t preservatin f agricultural land. RATIONALE OF RECOMMENDATION This applicatin prpses subdivisin under Sectin 946 f the Lcal Gvernment Act t allw 4.16 acres t be subdivided frm a 57 acre prperty within the ALR. The applicatin was denied by Cuncil n December 13, Cuncil subsequently recnsidered the applicatin n January 10, 2011 and requested staff t cnsult the ALC and further discuss with the applicant t explre alternative slutin that wuld allw the applicant t cntinue residing in his existing huse, withut having t subdivide the prperty. Staff cnsulted with the ALC and was infrmed that the ALC des nt lk at Sectin 946 as a legitimate r singular argument t subdivide land in the ALR. The reprt utlines tw lease ptins that wuld allw the applicant t stay in his existing hme withut subdividing the prperty.

3 Staff Reprt t Cuncil File: Additinal Planning Cmments Page 3 RECOMMENDATION The Planning & Develpment Department recmmends that the reprt be received as infrmatin. ADDITIONAL PLANNING COMMENTS Backgrund This applicatin prpses subdivisin under Sectin 946 f the Lcal Gvernment Act t allw 4.16 acres t be subdivided frm a 57 acre prperty lcated at nd Street. The applicatin was first cnsidered by Cuncil n December 13, 2010 at the Regular Cuncil Land Use meeting. At that meeting, Cuncil upheld Planning staff s recmmendatin t deny the applicatin. Cuncil subsequently recnsidered the applicatin n January 10, 2011 and passed a mtin that Staff wrk with the applicant t discuss alternate slutins that wuld allw the applicant t cntinue t reside in his existing huse, withut having t subdivide the prperty: RES.R That Applicatin N be referred back t staff fr review f all pssible ptins including seeking advice frm the Agricultural Land Cmmissin (ALC) staff. Cnsultatin with ALC and Lease Optins Staff cnsulted with the Agricultural Land Cmmissin and was infrmed that the ALC des nt lk at Sectin 946 as a legitimate r singular argument t subdivide land in the ALR. Specifically, just because a land wner makes an applicatin under this prvisin des nt give reasns fr the ALC t treat it differently than they wuld any ther applicatin fr subdivisin in the ALR. All applicatins fr subdivisin are cnsidered n their wn merits, and may nly be allwed if there is a cmpelling argument that the prpsed subdivisin benefits agricultural land in sme substantive way. It has been determined that the applicant has tw pssible lease ptins that wuld allw him t cntinue residing in his existing huse, withut the need t subdivide: Optin A: Private sale with a prvisin fr a "Life Estate" r "Lease fr Life" agreement in favur f Mr. Ingld as a lifetime tenant. This is a prvisin made in a private sale cntract and may be registered n the land title. A Life Estate enables a land wner t remain n the land by leasing back a prtin f the parcel. The lease cntract can be drafted t ensure the safety and cmfrt f the tenant while enabling farm peratins t cntinue n the remainder f the parcel. Optin B: Lng term lease registered n title. Lng term leases are cnsidered under sectin 73 f the Land Title Act. Any agreement t subdivide fr the purpse f leasing fr a term lnger than three years must be apprved by the Apprving Officer and registered in the Land Title Office t have effect.

4 Staff Reprt t Cuncil File: Additinal Planning Cmments Page 4 This ptin is required t be frmalized thrugh Apprving Officer signature in the prvisins in the Land Title Act. Effectively this is a temprary frm f subdivisin registered at the Land Title Office. Fr lng term leases in the ALR, bth Cuncil and the ALC must apprve the prpsal befre the Apprving Officer can apprve it, pursuant t the ALC Act. Discussin with Applicant Staff met with the applicant and advised the applicant f the lifetime lease (further clarified as Life Estate) ptin and the lng term lease ptin. Planning advised Mr. Ingld that he culd cnsider selling his prperty with a prvisin fr a Lifetime Lease f the 4.16 acre prtin as an ptin t accmmdate his desire t remain n the land after retirement. The applicant advised Staff he was nt interested in a lease arrangement and fllwed up by letter dated February 4, 2011, t state his bjectins t the lease ptins (Appendix IV): The applicant leased the land t a tenant frm and fund that the tenant was disruptive t his peaceful enjyment f the prperty. Remving the tenant was time-cnsuming and cstly, and clean-up and repairs t restre the prperty tk apprximately a year t cmplete. Analysis Staff cntinues t have the fllwing reservatins with the applicant s prpsal t subdivide: While the prpsal generally cnfrms t the requirements f sectin 946 f the Lcal Gvernment Act, it des nt cnfrm t agriculturally related plicies in the Official Cmmunity Plan, which states under Divisin A, Sectin 2.2, Subsectin F-1.2 "limit subdivisin f agricultural land and encurage the amalgamatin f lts in agricultural areas". It is imprtant t nte that Sectin 946 des nt verride the ALC Act and a municipal cuncil may rely n its OCP and Sectin 25 f the ALC Act t deny apprval f a prpsed Sectin 946 subdivisin. Within the Agricultural Land Cmmissin Act, Sectin 6(a) states that part f the purpse f the cmmissin is t "preserve agricultural land". This applicatin des nt cmply with this purpse as each lt created wuld prvide the pprtunity t cnstruct a residential unit and driveway fr each prperty, thereby reducing the verall amunt f agricultural land n this prperty. Subdivisin f land in the ALR will create smaller parcels, thus limiting the ability fr mre intensive agriculture peratins that are typically undertaken n large parcels. The intent f the wner t retire frm farming and remain n the parcel while farming peratins cntinue n the prpsed remainder f acres can be achieved withut subdividing the prperty.

5 Staff Reprt t Cuncil File: Additinal Planning Cmments Page 5 The A-1 Zne permits an additinal single family dwelling t be cnstructed where the lt is 4 hectares (10 acres) r mre and is a farm peratin. This prvisin is intended t accmmdate such cases as this ne where tw families are residing n the site. The subject site is large enugh t allw a secnd dwelling t be cnstructed n the site. The AAC has recmmended that the applicatin fr subdivisin in the ALR be denied (Appendix III) Shuld Cuncil wish t allw the applicatin t prceed t the ALC, Cuncil may cnsider the fllwing mtin: Frward the applicatin t the Agricultural Land Cmmissin with n cmment. INFORMATION ATTACHED TO THIS REPORT The fllwing infrmatin is attached t this Reprt: Appendix I. Lt Owners and Actin Summary Appendix II. Prpsed Subdivisin Layut Appendix III. Agricultural Advisry Cmmittee Minutes Appendix IV. Crrespndence frm Rlf Ingld, dated February 4, 2011 riginal signed by Nichlas Lai Jean Lamntagne General Manager Planning and Develpment NA/kms v:\wp-dcs\planning\plncm11\ na.dc. 4/13/11 4:14 PM

6 Page 1 APPENDIX I Infrmatin fr City Clerk Legal Descriptin and Owners f all lts that frm part f the applicatin: 1. (a) Agent: Name: Rlf Ingld, Clbreeze Ranch Ltd. Address: P.O. Bx Sunnyside R.P.O. Tel: Prperties invlved in the Applicatin (a) Civic Address: Street (b) Civic Address: Street Owner: Clbreeze Ranch Ltd., Inc. N PID: Lt 1 Except: Parcel "A" (By-law Plan 61720); Sectin 34 Twnship 1 New Westminster District Plan v:\wp-dcs\planning\plncm11\ na.dc. 4/13/11 4:14 PM

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