To: Mayor and Council From: Leah Irvine, Planning Technician Subject: Agricultural Land Commission application for the property located at 28555

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1 ~~h ABBOTSFORD COUNCIL REPORT Report No. EDP May 30,2012 File No: /A Executive Committee To: Mayor and Council From: Leah Irvine, Planning Technician Subject: Agricultural Land Commission application for the property located at o Avenue (Owners: Hayre Farms Inc.; Directors: Gurmit S. Hayre & Manjit K. Hayre) RECOMMENDATIONS 1. THAT Report No. EDP , dated May 30, 2012, from the Planning Technician, regarding an Agricultural Land Commission application for the property located at Avenue, be received; 2. THAT application / A be forwarded to the Agricultural Land Commission subject to registration of a Section 219 "Right to Farm" Covenant on title of the proposed homesite parcel, secured inconjunction with the subdivision application; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documentation relating to this matter. BACKGROUND Proposal: Applicant: Owners: Legal Description: OCP Designation: Existing Zoning: The applicant is pursuing a homesite severance subdivision. The applicant proposes to subdivide a 0.36 ha (0.88 acre) lot from the ha (39.45 acre) parent parcel. The owner has had an interest to purchase the property prior to December , in the form of a purchase agreement and wish to sell the remainder of their farm parcel to their son, who intends to continue the berry farm operation. Barinder Hayre Hayre Farms Inc. (Gurmit S. Hayre and Manjit K. Hayre) East Half of the West Half of the South East Quarter Section 4 Township 13 New Westminster District Agricultural Agricultural One Zone (A 1 )

2 Report No. EDP Page 2 of 4 Total Site Area: Site Description: 15.97ha (39.45 acres) The property is located on the north side of 0 Avenue, between Lefeuvre and Bradner Roads. The site is mostly cleared, relatively flat and primarily used for berry farming. The south east corner of property which is adjacent to 0 Avenue consists of two houses, a building for the temporary accommodation for seasonal workers and an equipment shop. Sl,lrrounding Uses: N: Berry Farm (zoned A 1); S: 0 Ave with the United States of America beyond; E: Berry farms and poultry farms (zoned A 1); and W: Berry farm and greenhouse (zoned A 1). Soil Type: The predominant soil type is gravel and sand. ANALYSIS 1. The property is located within the Agricultural Land Reserve (ALR) and is designated 'Agricultural' in the Official Community Plan (OCP). The 'Agricultural' designation of the OCP means "land that is reserved for farming and for agriindustrial uses that serve and support agriculture. " 2. Council's policy on subdivisions is based on the recommendations outlined in the 'Position Paper on Enhancing the Agricultural Economy,' which was prepared by the Agricultural Advisory Committee (MC). This policy, however, does not specifically address homesite severance subdivisions. At its October 17, 2005 Executive Committee meeting, Council resolved to support the Agricultural Land Commission's Homesite Severance (H.S.S.) Policy. Subsequently, these applications are no longer forwarded to the Abbotsford Agricultural Advisory Committee for review. 3. The Agricultural Land Commission (ALC) has an established policy dealing with homesite severances. A fundamental intent of the homesite severance provisions of the ALC Act provides that farmers, who have continuously owned and occupied their properties since December 21, 1972, may retire on a small portion of their lands severed from the larger parent parcel. The applicant has received advice from the ALC that they may consider details about the purchase and transfer process to ascertain whether a landowner's option to purchase constitutes 'ownership' in the context of the ALC's Homesite Severance on ALR Lands Policy. A prime concern of the ALC, however, will always be to ensure that the "remainder" (lot) will constitute a suitable agricultural parcel, as outlined in the attached policy (Attachment A). 4. The owner has had an interest to purchase the property prior to December , in the form of a purchase agreement. If this proposal is approved by the ALC the family intents to subdivide 0.36 ha (0.88 acre) from the ha (39.45 acre) parent parcel for the proposed homesite, leaving a remainder 15.6 ha (38.5 acre). The final

3 Report No. EDP Page 3 of 4 lot size will be determined at time of subdivision. The berry farm operation will remain unaltered by this subdivision as no crop area will be altered. There are already two dwellings on the parcel, no additional land and/or crop area needs to be cleared for an additional dwelling and/or farm buildings. As one existing dwelling and existing equipment shed and accommodation for seasonal workers will remain on the 15.6 ha parcel. Staff recommends that this application be forwarded to the ALC for final decision. 5. If this application is forwarded to, and receives the approval of the Agricultural Land Commission, a subdivision application must be submitted to the City. 6. If this application is approved by Council, staff recommends that a "Right to Farm" covenant be registered on the title of the smaller lot to alert present and future owners of the 'nuisances' commonly associated with living next to farm land. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. STRATEGIC DIRECTIONS No Strategic Directions plan implications are anticipated. COMMUNICATION PLAN If supported by Council, the application will be forwarded onto the Agricultural Land Commission and no Council Hearing is required.

4 Report No. EDP Page 4 of 4 SUMMARY The application may meet the intent of the ALC's Homesite Severance policy by having an interest in ownership prior to December 21, As this is the ALC's policy, City staff recommends forwarding this application on to the ALC for their consideration. Teichroeb nager, Development & Planning Services Prepared by: Leah Irvine Planning Technician Reviewed by: Darren Braun Manager of Development Planning Enclosures: Figure 1 - Location Map Figure 2 - Proposal Attachment 'A' - ALC Homesite Severance on ALR lands - Policy #11 (Dated March 2003) L:\A 11\A 11-00B.doc

5 INTERNATIONAL BORDER FIGURE 1 LOCATION ADDRESS: APPLICANT: o. ~A ABBOTSFORD Avenue Barinder Hayre Development SelVices Department - Development Approvals FILE NO / A May 30,2012

6 INTERNATIONAL BORDER FIGURE 2 PROPOSAL ADDRESS: APPLICANT: Avenue Barinder Hayre FILE NO / A Os ~.A ABBOTSFORD Development Services Department - Development Approvals May 30,2012

7 Page 1 Copyright 2003: Agricultural Land Commission, Burnaby, British Columbia, Canada This is not the official version. Only the printed version issued by the Agricultural Land Commission is the official version. Copies of the official version may be obtained from the Agricultural Land Commission, Room Canada Way, Burnaby, BC V5G 4K6, telephone: Copyright in the electronic version of this Policy belongs exclusively to the Province of British Columbia. This electronic version is for private study or research purposes only. ~ Agricultural Land Commission Act HOMESITE SEVERANCE ON ALR LANDS Policy #11 March 2003 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. The purpose of this policy is to provide a consistent approach to situations where property under application has been the principal residence of the applicant as owner-occupant since December 21, 1972 and the applicant wishes to dispose of the parcel but retain a homesite on the land. An application under Section 21 (2) of the Agricultural Land Commission Act is required. Persons making use of this policy should understand clearly that: a. no one has an automatic right to a "homesite severance"; b. the Commission shall be the final arbiter as to whether a particular "homesite severance" meets good land use criteria; (see #4 below) c. a prime concern of the Commission will always be to ensure that the "remainder" will constitute a suitable agricultural parcel. (see # 5 below). Without limiting the generality of the foregoing, the following guidelines apply to "homesite severance" applications. 1. A once only severance may be permitted where the applicant submits documentary evidence that he or she has continuously owned and occupied the property as his or her principal place of residence since 21 December Where an applicant for a "homesite severance" has had a previous subdivision application approved by the Commission resulting in the creation of a separate parcel, the Commission may consider the previous approval as having fulfilled the objectives of the Homesite Severance Policy and may deny any further consideration under the Homesite Severance Policy. 3. An application for a "homesite severance" will be considered only where the applicant submits documentary evidence showing a legitimate intention to sell the remainder of the property upon the approval of the "homesite severance" application. [An interim agreement for sale, a prospective buyer's written statement of intent to purchase, a real estate listing, or some other written evidence of pending real estate transaction would be acceptable as documentation.] In considering the application, the Commission may make its approval subject to sale of the remainder within a specified period of time. A Certificate of Order authorizing the deposit of the subdivision plan will be issued to the Registrar of Land Titles only when a "transfer of estate in fee simple" or an "agreement for sale" is being registered concurrently. Attachment' A'

8 Page 2 4. There will be cases where the Commission considers that good land use criteria rule out any subdivision of the land because subdivision would compromise the agricultural integrity of the area, and the Commission must therefore exercise its discretion to refuse the "homesite severance". Where the Commission decides to allow a "homesite severance", there are two options: a. the existing homesite may be created as a separate parcel where it is of a minimum size compatible with the character of the property (plus a reasonable area, where required, for legal access purposes); or b. where the location of the existing homesite is such that the creation of a parcel encompassing the homesite would, in the Commission's opinion, create potential difficulty for the agricultural operation or management of the "remainder", the Commission may, as it deems appropriate, approve the creation of a parcel elsewhere on the subject property. 5. The remainder of the subject property after severance of the homesite must be of a size and configuration that will, in the Commission's opinion, constitute a suitable agricultural parcel. Where, in the Commission's opinion, the "remainder" is of an unacceptable size or configuration from an agricultural perspective, there are three options: a. the Commission may deny the "homesite severance"; b. the Commission may require that the "remainder" be consolidated with an adjacent parcel; or c. the Commission may require the registration of a covenant against the title of the "remainder" and such a covenant may prohibit the construction of dwellings. 6. A condition of every "homesite severance" approved by the Commission shall be an order stipulating that the homesite is not to be resold for five years except in the case of estate settlements. Prior to the issuance of a Certificate of Order authorizing deposit of the subdivision plan, the owner shall file with the Commission a written undertaking or standard notarized contractual commitment to this effect. 7. Where a "homesite severance" application has been approved by the Commission, local governments and approving officers are encouraged to handle the application in the same manner as an application under Section 946 of the Local Government Act insofar as compliance with local bylaws is concerned.