Provincial Agricultural Land Commission - Staff Report Application: 52667

Transcription

1 Provincial Agricultural Land Commission - Staff Report Application: Applicant: Agent: Local Government: Proposal: Victor Bugaychuk-Robson John Molodowich Fraser-Fort George EA Non-farm Use - To operate a screening and crushing facility in conjunction with a currently established gravel pit operation BACKGROUND INFORMATION The applicant proposes to extract/process approximately 3000 cubic meters of gravel per year on the subject property. The applicant is currently is authorized by the ALC to extract 400 cubic meters per year until October 30, PROPERTY INFORMATION Legal Description: Property Area: ALR Area: Unsurveyed Crown Land - East of District Lot 7218, Cariboo District 4.1 ha 3.3 ha Location: Owner: McBride Province of British Columbia - Crown Lands Total ALR Area: LAND USE Current Land Use: Gravel pit Surrounding Land Uses: North: Non-ALR - Crown Land, Regenerating bush East: Non-ALR/ALR - Crown Land, Regenerating bush South: ALR - Crown Land - Mature timber stand on government gravel reserve Residential West: ALR - Bush land and access road, campground, golf course, residential PROPOSAL DETAILS Non-Farm Use Area: 0.1 ha Non-Farm Use Type: Industrial: Sand & Gravel Agricultural Capability: The majority of the area under application is rated as: Secondary Source: BCLI Mapsheet: 83E/4 Re: Application Page 1 of 4 1 of 13

2 PREVIOUS APPLICATIONS Application ID: Applicant: John Molodowich Proposal: NOTICE OF INTENT - Use gravel for cement & construction. Aggregates will be sold as is (pit run) and in a screened state. Decision: Resolution # Decision Date Decision Description 2289/2009 October 27, 2009 Allowed after 30 days subject to terms and conditions. Bond 5,000 Re: Application Page 2 of 4 2 of 13

3 RELEVANT APPLICATIONS Application ID: Legacy #: Applicant: N. V. Construction Ltd Proposal: To subdivide Lot A and Lot B into four lots of approximately 5 ha each. Decision: Resolution # Decision Date Decision Description 402/2007 August 9, 2007 Refused but Commission prepared to give consideration to an exclusion application Note: Adjacent to the west of the subject property Application ID: Legacy #: Applicant: Mol-Cap Investments Ltd Proposal: Delegation - FFGRD - The establishment of a mixture of cabins and campsites on a 3 ha portion of the 53.5 ha property. Property is 12kms east of McBride, subject to no plumbing being permitted. Decision: Resolution # Decision Date Decision Description 698/2002 October 17, 2002 Approval granted subject to no plumbing being permitted Note: Adjacent to the west of the subject property Application ID: Legacy #: Applicant: Mol-Cap Investments Ltd Proposal: There are two components to the applicants proposal on the subject 53.5 ha (132 ace) property: a) Subdivide the northern 32.4 ha (80 acres) into 3 rural holdings of some 10.8 ha (26 plus acres) each in size and b) Develop the remaining 21.1 ha (52 acres) for cabin-campsite and agricultural endeavours. Decision: Resolution # Decision Date Decision Description 383/2003 August 12, 2003 Allow recreational use component of proposal but refuse subdivision. Note: Adjacent to the west of the subject property Application ID: 5393 Legacy #: Applicant: David & Gail Shantz Proposal: To subdivide the 2 properties which presently are 160 acres and 50 acres in size into 3 lots of 80 acres to contain the existing golf course and club house, 15 acres to contain their home and a 115 acre remainder. Decision: Resolution # Decision Date Decision Description 648/1996 June 26, 1996 Refused on the grounds of impact and precedence. The Commission will permit the re-alignment of the property boundaries of the 2 existing lots into 1 lot which would contain the golf course and a remainder. Note: Adjacent to the west of the subject property Application ID: Applicant: Note: 473 Legacy #: Dave & Gail SHANTZ Adjacent to the west of the subject property To develop a nine hole golf course with clubhouse, an RV campsite, and a U-catch fish pond on the 82.9 ha property. The Commission approved the golf course in principle subject to the following conditions: i) submission of a detailed site plan for review and approval by the Commission, and ii) the construction of a five meter treed or vegetative buffer along the western boundary of the property Re: Application Page 3 of 4 3 of 13

4 LOCAL GOVERNMENT INFORMATION Official Community Plan: Bylaw Name: Robson Valley - Canoe Downstream OCP No Designation: Agriculture/Resource (Ag/Res) OCP Compliance: No Zoning: Zoning Bylaw Name: Zoning Bylaw No. 833 Zoning Designation: Rural 5 (Ru5) Minimum Lot Size: 60.0 ha Zoning Compliance: No Comments and Recommendations: Board/Council The Fraser-Fort George Regional District recommend that the application for non-farm use be forwarded to the ALC and recommended for approval. Ministry of Agriculture and Lands "The Ministry of Agriculture's interests are unaffected by this use." Other Ministry of Environment "With regard to the request to allow the removal, crushing, and screening of gravel, the proponent should minimize the generation and discharge the dust/particulate matter into the air from extraction activities and related vehicle traffic so as not to produce pollution. Also any process water and runoff generated from the works must not cause pollution, either to ground water or surface water." ALC STAFF COMMENTS It is recommended that the Commission consider the following: 1) The improved CLI rating of the subject property is predominantly Class 7 limited by topography and stoniness. The southwest corner of the property (approximately 20% of the parcel) is 60% Class 4 limited by a combination of soil factors, and 40% Class 5 limited by stoniness. 2) In 2009, the applicant submitted a Notice of Intent to the ALC for extraction of 400 m3 of aggregate per year for 5 years which was subsequently authorized by the ALC. 3) If approved, an OCP amendment of Temporary Use Permit would be required as the proposal is inconsistent with the existing OCP. ATTACHMENTS 52667_ContextMap20k.pdf 52667_AgCapabilityMap.pdf 52667_AirphotoMap10k.pdf 52667_Cross Section.pdf 52667_Site Map.pdf 52667_Previous History ALC50295.pdf END OF REPORT Prepared by: Liz Sutton (July 12, 2012) Re: Application Page 4 of 4 4 of 13

5 120 0'0"W '0"W MCBRIDE Map Location DL 7226 DL 7218 Proposed Gravel Extraction 53 14'0"N Holmes Rd ALR DL 7225 DL 7219 DL 7217 McBride Highway 16 E Hinkelman Rd ALC Context Map Map Scale: 1:20, ,000 Meters ALC File #: Mapsheet #: Map Produced: Regional District: E.021 May 2, 2012 Fraser Fort-George 5 of 13

6 53 14'0"N 120 0'0"W Proposed Gravel Extraction ALR Airphoto Map Provincial Orthophoto Map Scale: 1:10, Meters ALC File #: Mapsheet #: 83E.021 Map Produced: May 2, 2012 Regional District: Fraser Fort-George 6 of 13

7 120 2'0"W 120 0'0"W '0"W '0"W MCBRIDE 53 16'0"N Map Location Proposed Gravel Extraction 53 12'0"N 53 14'0"N * Note - Subject property location is approximate. Accuracy not guaranteed. Agricultural Capability Map Map Scale: 1:50, ,000 1,500 2,000 2,500 Meters ALC File #: Mapsheet #: Map Produced: Regional District: E/4 May 2, 2012 Fraser Fort-George 7 of 13

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