REPORT ON NON-FARM USE WITHIN THE

Transcription

1 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON NON-FARM USE WITHIN THE AGRICULTURAL LAND RESERVE (ALR) FILE NO. 146/2013 ALL MEMBERS PARTICIPATE OWNER: Andy and Brenda DeVuyst DATE: August 6, 2013 AGENT: Renewable Energy Systems Canada Inc. AREA: Electoral Area D LEGAL: NE ¼ of Section 5, Township 80, Range 15 W6M PRD LOT SIZE: 160 Acres LOCATION: Rolla PROPOSAL To utilize approximately a.78 ha (1.93 acre) portion of the parcel to construct a meteorological tower RECOMMENDATION: OPTION 1 THAT the Regional Board support and authorize the application to proceed to the Agricultural Land Commission as the proposal is consistent with the Official Community Plan and Zoning bylaw. OPTIONS OPTION 1: THAT the Regional Board support and authorize the application to proceed to the Agricultural Land Commission as the proposal is consistent with the Official Community Plan and Zoning bylaw. OPTION 2: THAT the Regional Board refuse authorization for the application. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): ZONING: AGRICULTURAL LAND RESERVE (ALR): BUILDING INSPECTION AREA: SITE CONTEXT Ag-Rural (Agriculture Rural) PRRD Rural Official Community Plan 1940,2011 A-2 (Large Agricultural Holdings),Dawson Creek Zoning By-law No. 479, 1986 Within Within The subject property is located ½ mile north of the Sweetwater Road near the Seven Mile Corner in the Rolla area. The parcel is partially wooded and currently used for hay crop, which is also consistent with the surrounding area. Oil and gas activity is found throughout the general area as well. SITE FEATURES LAND: The subject property is partially wooded and currently being used for hay crop. STRUCTURES: There are no structures currently on the subject parcel ACCESS: Access to the site is by way of the 223 Road SOIL: Class 4x soils. Class 4 soils have severe limitations that restrict the range of crops or require special conservation practices or both. Subclass x denotes minor accumulative limitations. FIRE: Outside all fire protection Zones PREVIOUS APPLICATIONS SUBJECT PROPERTY No Applications on Subject Properties Page 1 of 5 Printed on: 14-Aug-13 3:27:03 PM Department Head CAO Report prepared by: Jacqueline Burton, Bylaw Enforcement Officer

2 PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M No Applications on Surrounding Properties COMMENTS AND OBSERVATIONS OWNERS: It is the intent of the landowners to utilize.78 ha (1.93 acres) of the parcel to provide a building site for the construction of a meteorological tower ALR: The subject property is within the Agricultural Land Reserve. Therefore, Agricultural Land Commission approval is required. Note: Pursuant to the Agricultural Land Commission Act, an application may not be considered by the ALC unless the Regional Board authorizes the proposal to proceed to the ALC. This is intended to provide local governments with latitude to consider and weigh the local community interests of each application, in addition to its zoning and official community plan. Should the Regional District forward the application to the ALC, the information and recommendation offered by the Regional District is taken into consideration by the Commission but should not be construed as being binding on the Commission s opinions or decisions. OCP: The subject property is designated Ag-Rural within PRRD Rural OCP Bylaw No. 1940, This designation does not explicitly state that it allows the placement of meteorological towers, however Public Utility Uses are permitted throughout the Plan area as indicated in Section 16, Policy 8. As the proposal is very similar and has a smaller footprint than most communication towers allowed as a Public Utility in this bylaw, an amendment to the OCP is not required. ZONING: IMPACT ANALYSIS The subject property is designated as A-2 (Large Agricultural Holdings Zone) within Dawson Creek Rural Area Zoning Bylaw No. 479, This zone has a minimum parcel size of 63 ha (155 ac). However, Policy 6.11(A) viii allows for Public Use, such as a communications tower. And because this proposed meteorological tower has a smaller footprint on the land than the average communications tower it could be considered in the same aspect as a communications tower application. As the proposal is very similar in nature to the requirements of 6.11(A) viii, an amendment to the Zoning is not required. AGRICULTURE: The proposal will have very little impact the agricultural land as the farmer will still be able to utilize this site for hay production as they currently do. CONTEXT: POPULATION & TRAFFIC: These areas are low density rural residential, with the surrounding area consisting of agricultural and oil and gas production. The proposal will cause no long term increase in population or traffic as they are unmanned towers utilized for collection of data which is sent electronically, there will be a very short term increase in traffic during the construction phase of the project. Page 2 of 5

3 ALR NON-FARM USE REPORT MAPS FILE NO. 146/2013 PRRD Rural Official Community Plan, By-law No. 1940, 2011 (Map 20) Subject Property Dawson Creek Rural Area Zoning By-law No. 479, 1986 Subject Property Page 3 of 5

4 ALR NON-FARM USE REPORT MAPS FILE NO. 146/2013 Agricultural Land Reserve Subject Property Proposed Tower CLI-Soil Classification Subject Property Proposed Non-farm Page 4 of 5

5 ALR NON-FARM USE REPORT MAPS FILE NO. 146/2013 Air photo Subject Property Proposed Tower Location Page 5 of 5

6 APPLICATION BY LD OWNER NOTE: The information required by thisform and the documents you provide with it are collected to process your application under the AgriculturalLand Commission Act and regulation. This information will be available for review by any member ofthe public. Ifyou have any questions about the collection or use of this information, contact the Agricultural Land Commission and askfor the staffmember who will be handling your application. TYPE OF APPLICATION (Check appropriate box) EXCLUSION under Sec. 30(1) of the Agricultural Land Commission Act INCLUSION under Sec. 17(3) of the Agricultural Lahd Commission Act SUBDWISION in the ALR under Sec. 2 1(2) of the Agricultural Land Commission Act Non-farm USE in the ALR under Sec. 20(3) of the Agricultural Land Commission Act APPLICANT Registered Owner: Agent: Andy Benedict DeVuyst and Brenda Dee DeVuyst Renewable Energy Systems Canada inc. Address: Address: P0 BOX STN MAIN 300 Leo-Pariseau, suite 2516 Dawson Creek Postal Code Montreal Postal Code British Columbia VIG 4H7 Quebec H2X 4B3 Tel. (home) (250 ) (work) ( ) Tel. (514 ) Fax ( ) Fax (514) avuyst@telus.net patrick.hennres-americas.com LOCAL GOVERNMENT JURISDICTION (Indicate name ofregional District or Municipality) Peace River Regional District LAND UNDER APPLICATION (Show land on plan or sketch) Title Number Size of Each Parcel (Ha.) Date of Purchase Month Year September 2012 OWNERSHIP OR INTERESTS IN OTHER LANDS WITHIN THIS COMMUNITY (Show information on plan or sketch) If you have interests in other lands within this community complete the following: Title Number(s): None Application by a Land Owner

7 PROPOSAL (Please describe and show on plan or sketch) Installation of a meteorological tower used to measure wind speed and direction for the purposes of evaluating the wind resource. The tower is formed by a triangular lattice; high tension guy wires attached at four height levels that extend out in three directions down to one earth anchor, direction. The meteorological tower has the following specifications: - triangular lattice with an 18-inch face; maximum height of 80m agi - instrumentation (anemometers, wind vanes and temperature sensors at various heights, starting at 30m agl) placed on booms - tower is installed on a pre-cast foundation - tower is supported by 3 sets of guy wires (at 0 degrees, 120 degrees and 240 degrees) extending to 60 m from the tower; guy wires are clearly marked for safety - Installation does not require tree cutting or road building, will be installed directly on land; existing uses around tower will resume once installation is completed. - Please see sketch, map and photos attached Alternatively, a tubular 60-rn tower, thus of smaller shape and size, will be installed. CURRENT USE OF LAND (Show information on plan or sketch) List all existing uses on the parcel(s) and describe all buildings The parcel is partially wooded and currently used for hay crops. The tower is set to be located approximately at the following coordinates: N W USES ON ADJACENT LOTS (Show information on plan or sketch) North East South West Lot : wooded area, pastures/crops and one residence Lot : oil and gas, pastures/crops, wooded area, one residence Lot : hay crops, wooded area Lot : wooded area, one residence and hay crops DECLARATION I/we consent to the use of the information provided in the application and all supporting documents to process the application in accordance with the Agricultural Land Commission Act and regulation. Furthermore, L we declare that the information provided in the application and all the supporting documents are, to the best of my/our knowledge, true and correct. I/we understand that the Agricultural Land Commission will take the steps necessary to confirm the accuracy of the information and documents provided. I AO& c24l - cj Date Signature of Owner or Agent Print Name 6i fut Date Signature of Owner or Agent Print Name Date Signature of Owner or Agent Print Name Please ensure the following documents are enclosed with your application: Application fee payable to the Local Government Map or sketch showing proposal & adjacent uses Certificate of Title or Title Search Print Proof of Notice of Application *(See instructions) Agent authorization (if using agent) Photographs (optional) Appilcation by a Land Owner

8 Figure 2: Proposed Location of Tower and Current Land Use

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10 Figure 3: Wind Monitoring Tower Pictures I H I ri

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