~~A ABBOTSFORD COUNCIL REPORT. Report No. PDS Executive Committee. February 12, 2015 File No: /A To: From: Subject:

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1 ~~A ABBOTSFORD Report No. PDS COUNCIL REPORT Executive Committee February 12, 2015 File No: /A To: From: Subject: Mayor and Council James Bryndza, Planner Agricultural Land Commission application for subdivision of the property located at Taylor Road (Owner: Chi Huang) RECOMMENDATION THAT application /A , to permit subdivision of the property located at Taylor Road, be forwarded to the Agricultural Land Commission with non support. SUMMARY OF THE ISSUE An Agricultural Land Commission (ALC) application for subdivision in the Agricultural Land Reserve (ALR) has been received to permit the property at Taylor Road to be subdivided into 2 lots measuring 8.0ha (19.77ac) and 12.6ha (31.13ac) (Figures 1-6). In 2015, staff will complete a comprehensive review of agricultural land use zoning regulations for agricultural land within Abbotsford (including minimum lot sizes), and although the proposed ALC application for subdivision meets the Zoning Bylaw's minimum lot size for the A 1 zone, staff do not recommend supporting this application until the upcoming review is complete. Council must determine whether or not the application should be allowed to proceed forward to the ALC; and if forwarded, whether to provide additional comment. BACKGROUND Applicant: Spencer Hagen Owners: Chi Huang (purchased December 2009) Legal Description: Lot 3 Section 14 Township 14 NWD Plan OCP Designation: Agricultural Existing Zoning: Agricultural One Zone (A 1) Lot Area: Site Description: 20.6ha (50.83ac) The property is currently used for grain and forage; the topography generally slopes down from its southern frontage along Taylor Road to the north. There is a large natural watercourse running north-south through

2 Report No. PDS Page 2 of 5 --~ the property, which drains into a natural fish-bearing watercourse that runs east-west. These watercourses are located in very large ravines that are primarily greater than 60m in width. There are numerous trees on the property, mostly located within the ravines. A house and barn are situated in the south-east area of the property. The property's frontage along Taylor Road is not continuous; it is interrupted by a single family lot. Surrounding Uses: N: S: Agricultural use, small fruits (zoned A 1 ); Taylor Road and farming (zoned A 1); E: Agricultural uses including poultry farming and grain and forage (zoned A1); W: Mixed farming (zoned A 1) Soil Capability: The area around the stream and within the ravines is class 7 The remainder of the property is classified as 70% class 3 and 30% class 2 (improved rating) DISCUSSION 1. The property is located within the ALR and is designated as 'Agricultural' in the Official Community Plan (OCP). The 'Agricultural' designation of the OCP means "land that is reserved for farming and for agri-industria/ uses that serve and support agriculture". 2. Current City policy as it relates to this application is based on the recommendations of the Agricultural Advisory Committee's (MC) 'Position Paper on Enhancing the Agricultural Economy', which was adopted by Council in July, 2003 and outlines a number of City-related initiatives to strengthen agriculture in Abbotsford. Under the theme, protecting the agricultural resource base, it is recommended that City decisionmaking be based on "what is the net benefit to agriculture", rather than "no net loss to agricultural". 3. As part of the 2015 Planning Development Services Work Plan, staff will complete a comprehensive review of agricultural land use matters contained in the OCP and Zoning Bylaw. One item for review as it relates to this application is minimum lot sizes for agricultural properties, as the OCP's Agricultural land use designation currently does not provide any policy direction in this regard. As illustrated in Figures 3 and 4, the OCP's Agricultural designation corresponds to two primary agricultural land use zones, A1 and A2 of the Zoning Bylaw. Although the purpose of these two zones is similar, they have significantly different minimum lot sizes, 8ha and 16ha respectively. The rationale for this difference in minimum lot sizes for otherwise similar zones will be examined within the context of existing policies contained within the OCP, Agricultural Strategy, and Position Paper on Enhancing the Agricultural Economy. Although the proposed ALC application for subdivision meets the Zoning Bylaw's minimum lot size for the A 1 zone, staff do not recommend supporting this application until such a review as described above is complete. 4. The applicant proposes to subdivide the subject property into 2 lots, measuring 8.0ha (19.77ac) and 12.6ha (31.13ac) (see Figures 5 and 6 and Attachment A). An ALC application is necessary as the proposed subdivision is within the ALR and would increase the number of parcels (from one to two), ALC approval is therefore required L \AI3\A \Counci1 Report\Council Report AI3-017.docx

3 _R_e-'---po_rt_No_._P_D_S_O_2_3_-2_0_1_4.~ ~a~_~5'~ 5 before the municipal Approving Officer can approve the subdivision (see Attachment B, Section 1 O( 1)). 5. This application was presented to the MC on October 15, The Committee members felt that the current parcel was farmable without being subdivided, and the smaller size would put the parcels at greater risk for non-farm uses in the future. The MC recommended that the application to permit subdivision of the property located at Taylor Road be denied and not forwarded to the Agricultural Land Commission. Rationale to Support the Application 6. The Zoning Bylaw identifies the subject property as within the Agricultural One Zone (A 1), requiring a minimum lot size of 8.0ha, which is consistent with the proposed subdivision. 7. The applicant has provided a letter of intent (see Attachment A) pointing out that the steep ravine and stream divides the property into 2 separate areas, complicating movement of farm equipment and precluding use of the property as one single farm. The east area, with a house and barn, is leased out for pasture and hay; however, the west area is vacant and unused because it is disconnected. The applicant proposes that subdividing the property and permitting a new owner to build a house and farm buildings west of the ravine will encourage agricultural activities in this otherwise unused area of the property and thus provide a benefit to agriculture. Rationale to Not Support the Application 8. The proposed application is inconsistent with the OCP, Agricultural Strategy, and Position Paper on Enhancing the Agricultural Economy. It is important that the City maintain consistency in its resolve to protect the integrity of agricultural land in the ALR. Approving the proposed subdivision may result in the following consequences: setting an undesirable precedent for subdivision in the ALR; reducing the limited number of large acreages in the ALR, by subdividing into smaller acreages; jeopardizing protection of agricultural land in the ALR for long-term food security, and potentially increasing land speculation of ALR lands; and 9. Although the proposed ALe application for subdivision meets the Zoning Bylaw's minimum lot size for the A 1 zone, staff do not recommend supporting this application until a comprehensive review of agricultural land use is completed, as described previously in paragraph No.3. Referral Responses 10. The Ministry of Agriculture commented on the proposal, stating that smaller parcels, including those of 8ha can be a barrier to putting land into farm production. Larger parcels have more options for farming and are more likely to be farmed. The parcels around Taylor Road are all in agricultural production; they are generally 20ha or greater. Therefore, based on information available to the Ministry of Agriculture, there is no benefit to agriculture from subdividing the subject property and it is better for it to remain as a larger parcel. L \A 13\A \Council RepOJ1\Council Report A docx

4 Report No. PDS Page 4 of The Environmental Coordinator noted that both geotechnical and streamside setbacks from the ravine and stream will be required for driveways and buildings if a new lot is approved. The setbacks will range from meters from the ravine's top of bank depending on specific conditions, as per the City's Streamside Protection Bylaw. Next Steps to Advance the Application 12. Council may consider one of the following options with regard to this application: (a) forward the application to the ALC with endorsement for support; (b) forward the application to the ALC with no comment; (c) forward the application to the ALC with non support; or (d) deny the application and not forward it to the ALC. Communication Plan 13. Should Council decide to allow the application to proceed, staff will forward it to the ALC. If the application is approved by the ALC, a subdivision application will be required which will allow the Approving Officer to examine it with respect to: works and servicing standards contained in the City's Development Bylaw, 2011; relevant federal and provincial legislation pertaining to streamside setbacks; consideration of a Section 219 Right to Farm Restrictive Covenant on the new title( s); and any other relevant Land Title Act considerations which the Approving Officer must consider. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION The proposal is not consistent with the City's Official Community Plan, Agricultural Strategy and Position Paper on Enhancing the Agricultural Economy. SUBSTANTIATION OF RECOMMENDATION This Agricultural Land Commission (ALC) application for subdivision proposes that the property at Taylor Road to be subdivided into 2 lots measuring 8.0ha (19.77ac) and 12.6ha (31.13ac). Council must determine whether or not the application should be allowed to proceed forward to the ALC; and if forwarded, whether to provide additional comment. L \A 13\A \Council Report\Council Report A docx

5 Report No. PDS Page 5 of 5 -~ _.._ =-- - Subdivisions in the Agricultural Land Reserve (ALR) generally do not serve to protect, preserve, or strengthen agricultural land and are not supported by policies and visions of the OCP, Agricultural Strategy, or the Position Paper on Enhancing the Agricultural Economy. The Abbotsford Agricultural Committee recommended that this application be denied and not foiwarded to the Agricultural Land Commission (ALC) and it is important that the City maintain consistency in its resolve to protect the integrity of agricultural land in the ALR. Approving the subdivision may result in compromising established agricultural policies and initiatives. For these reasons staff recommends that this application be foiwarded to the ALC with non Approval: Siri Bertelsen General Manager of Planning & Development Services Director of Development Planning Revrewed by: Mark N jll Director of Community Planning Attachments: Figure 1: Location Plan Figure 2: Context Plan Figure 3: OCP Future Land Use Plan - Rural Area Figure 4: Minimum Lot Sizes: A 1 and A2 Zones Figure 5: Proposed Subdivision Plan Figure 6: Proposed Subdivision Plan with Contours Attachment A: Applicant Letter of Intent Attachment B: ALR Subdivision Approval by Approving Officers L \A 13\A \Council Report\Council Report A docx

6 I A N v - c:i 0:: z c:( :: ::t: w...i..,.: :: v- I- i I ':: I-_--lr--- FIGURE 1 LOCATION ADDRESS: APPLICANT: """".,6 ABBOTSFORD Planning and Development Services Taylor Road Spencer Hagen FILE NO / A December 1, 2014

7 FIGURE 1 LOCATION ADDRESS: Taylor Road APPLICANT: Spencer Hagen FILE NO I A13-017,! =~ ABBOTSFORD Planning and Development Services December 1, 2014

8 FIGURE 2 CONTEXT PLAN ADDRESS: APPLICANT: «~.A ABBOTSFORD Planning and Development Services Taylor Road Spencer Hagen FILE NO / A December 1, 2014

9 -AGRtCUl rucw. -.:...., I " "-- f l... t -=-u AGlHCUliUfi,A.l t. '" " 1 p~plarl ":=:" -f~ ACfUCUl rural. t "'"'-- [sumas Prairie I!.., AGRICtA.1URAL., i - A N FIGURE 3 OCP FUTURE LAND USE PLAN RURAL AREA ADDRESS: APPLICANT: O """A ABBOTSFORD Pfanning and Development Services Taylor Road Spencer Hagen LEGEND D Agricultural _ Resource! Conservation D Commercial c=j Urban Residential D Suburban Residential I I Industrial D City Residential c=:j Institutional [::J Urban Development Boundary FILE NO, I A December 1, 2014

10 -.- L_-=--"'---"" "-- _/ ---.~ ~"'/1 ". ' ; '. -_-:r -' ---. :'..! -.-"... ~ 1 r- -' L. I i... I f"- --'-- J i ~ I 'I A -.. _.. 1 N FIGURE 4 MINIMUM LOT SIZES: At AND A2 ZONES ADDRESS: APPLICANT: ~!:e~a ABBOTSFORD Planning and Development Services Taylor Road Spencer Hagen LEGEND [Z72J D Areas Zoned Agricultural One Zone (A 1) Minimum lot size: 8 ha Areas Zoned Agricultural Two Zone (A2) Minimum lot size: 16 ha. Urban Development Boundary FILE NO I A December 16, 2014

11 FIGURE 5 PROPOSED SUBDIVISION PLAN ADDRESS: Taylor Road APPLICANT: Spencer Hagen FILENO I A !-~A ABBOTSFORD Planning and Development Services December 1, 2014

12 FIGURE 6 PROPOSED SUBDIVISION PLAN WITH CONTOURS ADDRESS: APPLICANT: ABBOTSFORD """.A Planning and Development Services Taylor Road Spencer Hagen FILE NO / A December 1, 2014

13 Attachment A October 18, 2013 Proposal: Subdivision of Lot 3 Section 14 Township 14 New Westminster District Plan The intention of the property owner and my client is to subdivide a 20.6 hectare parcel into 2 new lots. The property is located at Taylor Road, Abbotsford, and is zoned Agricultural One Zone (All). The minimum parcel size for subdivision is 8 hectares. Proposed new lot 1 is 8 hectares and proposed new lot 2 (or remainder) will be 12.6 hectares. Please refer to 13015_1 Proposal Plan for Subdivision for dimensions and details. It is understood that one of the main purposes ofthe Agricultural Land Commission is to preserve large tracts of land. If a subdivision is to be approved, it must benefit agriculture. This property is naturally divided by a steep rugged ravine. Access through the ravine is limited to a foot path. Farm equipment and animals are unable to cross through the ravine from one side ofthe property to the other. One would have to use Taylor Road to get around the ravine. A topographic plan and pictures (attached) help illustrate the size and depth of the ravine. The east side of the property (east of the ravine) has a house a nd barns and is currently leased out for pasture/hay. The west side of the ravine has no buildings and is currently vacant. The property owner is unable to find people to lease the whole property. Because the ravine is a natural divide, the lessee does not want to rent the whole parcel. The property is intended for agriculture purposes and is consistent with the intent and goals of the Agricultural Land Commission. The proposed uses for the two new lots should remain unchanged from the present. The subdivision will allow another owner to build a house/barn on the west side of the ravine and therefore efficiently use the property as intended for agriculture. Should further information or clarification be required please don't hesitate to contact me Respectfully submitted, Spencer Hagen, BCLS

14 30067 Taylor Rd

15 Pictures to supplement ALC Application by Land Owner Subdivision Proposal at Taylor Road, Abbotsford,BC Lot 3 Section 14 Township 14 New Westminster District Plan47651 Picture 1 looking north at house located east of the ravine. Picture 2 looking south-west from the house shown in Picture 1

16 Picture 3 looking north from behind the house shown in Picture 1 Picture 4 looking north-west at the ravine

17 Picture 5 looking north at the bottom of the ravine showing the footpath that accesses the west side of the ravine. Picture 6 looking north on the west side of the ravine.

18 Picture 7 looking west from Taylor Road looking at poultry farm (east Lot 3). Picture 8 looking north from Taylor road along the east boundary of Lot 3.

19 Picture 9 looking south at nursery from Taylor road (south of Lot 3). Picture 10 looking north at property west of Lot 3.

20 Picture 11 looking south from Schroeder Avenue towards Lot 3.

21 Attachment B Policy #12 March 2003 Agricultural Land Commission Act ALR SUBDIVISION ApPROVAL BY ApPROVING OFFICERS This policy provides advice to assist in the interpretation of the Agricultural Land Commission Act, 2002 and Regulation. In case of ambiguity or inconsistency, the Act and Regulation will govern. REFERENCE: Agricultural Land Reserve Use, Subdivision and Procedure Regulation (Be Reg ), the "Regulation", Sections 9, 10 and 11 "Pennitted Subdivisions" Application olthis Part 9 This Part applies to a plan of subdivision, all or part of which consists of land in an agricultural land reserve. Subdivision approval 10 (/) Despite Section 18 (b) of the Act, an approving officer under the Land Title Act, the Local Government Act, or the Strata Property Act or a person who exercises the powers of an approving officer under any other Act may authorize or approve a plan of subdivision without the approval of the commission if the proposed plan achieves one or more of the following: (a) consolidates 2 or more parcels into a single parcel by elimination of common lot lines; (b) resolves a building encroachment on a property line and creates no additional parcels; (c) involves not more than 4 parcels, each of which is a minimum of 1 ha, and results in all of the following: (i) no increase in the number of parcels; (ii) boundary adjustments that, in the opinion of the approving officer, will allow for the enhancement of the owner's overallfarm or for the better utilization of farm buildings for farm purposes; (iii) no parcel in the reserve of less than 1 ha; (d) establishes a legal boundary along the boundary of an agricultural land reserve. (2) An approving officer who declines to authorize or approve a plan must give notice of that decision to the person who made the application. (3) A person who receives a notice under subsection (2) may apply to the commission with respect to the proposed subdivision. Certification and deposit of approved plan 11 (/) If an approval is granted under section 10, the approving officer must (a) endorse on the plan a certificate acceptable to the commission, and (b) provide a copy of the approved plan to the commission. (2) If the requirements of subsection (1) are met, a registrar of titles under the Land Title Act may accept the endorsed plan for deposit. Page J of2

22 INTERPRET A non: If approved under the Section 10 of the Regulation, the approving officer must endorse the plan of subdivision as required and provide a copy of the approved plan to the Commission. For the requirement under Section 11 (I) (a) that the approving officer endorse the plan in a certificate acceptable to the Commission, the certificate should read: "I hereby certify that this subdivision plan is approved under Section 10 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation." Name of Officer Under Section II (1) (b), the approving officer may provide a copy of the approved plan to the Commission or, altematively, require the owner or agent to provide a copy. The Commission requires a copy of the approved plan for record keeping and ALC performance assessment. Under Section II (2), the registrar of titles may accept a plan that is appropriately endorsed (as above) for deposit in the Land Title registry. The registrar need not determine that a copy of the plan has been forwarded to the Commission. Page 2 of2