THAT the Regional Board support ALR subdivision application 047/2017 (Soloshy-Point),

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1 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LAND RESERVE FILE NO. 047/2017 OWNER: Thomas Soloshy & Lisa Point DATE: May 19, 2017 AREA: Electoral Area E LEGAL: West ½, of the South ½, of the North ½, of District lot 1121, PRD, Except Plans A1856 and PGP37820 LOT SIZES: 10.7 ha (26.4 ac) LOCATION: Hasler area west of Chetwynd PROPOSAL To subdivide the property into three lots, ranging in size from 8.5 ha (21 acres), 1.4 ha (3.5 acres), and 0.76 ha (1.8 acres). RECOMMENDATION: OPTION 1 [All Directors - Corporate Unweighted] THAT the Regional Board support ALR subdivision application 047/2017 (Soloshy-Point), and authorize the application to proceed to the Agricultural Land Commission as the proposal meets the objectives and policies within the OCP. OPTIONS OPTION 1: THAT the Regional Board support ALR subdivision application 047/2017 (Soloshy-Point), and authorize the application to proceed to the Agricultural Land Commission as the proposal meets the objectives and policies within the OCP. OPTION 2: THAT the Regional Board refuse authorization for the subdivision application 047/2017 (Soloshy-Point) to proceed to the Agricultural Land Commission. LAND USE POLICIES AND REGULATIONS Agriculture-Rural, Peace River Regional District Rural Official Community Plan Bylaw No. 1940, 2011 ZONING: A-2 (Large Agricultural Holdings Zone) Chetwynd Rural Area Zoning Bylaw No. 506, 1986 AGRICULTURAL LAND RESERVE (ALR): Within. OFFICIAL COMMUNITY PLAN (OCP): BUILDING INSPECTION AREA: SITE CONTEXT Outside the Mandatory Building Permit Area The subject property is located west of the District of Chetwynd along Hart Highway (97S), and in between Dokkie Subdivision and the community of Hasler Flats. Page 1 of 8 Printed on: 31-May-17 11:26:03 AM Department Head CAO Report prepared by: Kole A. Casey, South Peace Land Use Planner

2 File No. 047/2017 SITE FEATURES LAND: STRUCTURES: ACCESS: SOIL: FIRE: Based on aerial photograph interpretation, the property is mostly forested with the Hart Highway (97S), the railway right-of way (ROW)and a secondary road (ROW) dividing the property. There is evidence also of oil & gas ROW on the subject property. The property has one residence. The property is accessed by the Highway 97S (Hart Highway) and the Walton Creek Forest Service Road. Class 5cw soils. Class 5 soils have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Subclass c denotes adverse climate. Subclass w denotes excess water. Outside all Fire Protection Areas. PREVIOUS APPLICATIONS SUBJECT PROPERTIES APPLICANT: LEGAL: PROPOSAL: DECISION: Dimas Leite SW ¼, DL 1121, Exc. Pl H306 and A1856, PRD & W ½, of S ½, of S ½, of N1/2, of DL 1121, Exc. Pl. H306 and A1856, PRD To subdivide the above described property as divided by the Hart Highway to create 1 lot of approx. 9.8 ha and a remainder The ALC allowed the application. :Resolution #891/88 (ALC #21-W ) APPLICANT: Murray Bedell LEGAL: Pt of SW ¼, DL 1121 Exc. Pl A1856, W6M, PRD, & Pt W ½, of S ½, of N1/2, Dl 1121, Exc. Pl H306, A1856, PGP 37820, PRD PROPOSAL: To subdivide the subject properties into 5 lots ranging in size from 1 ha to 35 ha. In addition to use 8 ha area for log storage, chipping and burning on a temp basis. DECISION: The ALC refused the application, however would consider the 1 ha parcel divided by the highway.: Resolution #19/96 (ALC #W-30219) PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M APPLICANT: LEGAL: PROPOSAL: DECISION: Audrey & Lorne Ganson SE ¼ of DL 1122, lying S of Pl H305 exc. Pl CG571 and Pcl. AE6133, PRD To subdivide one 3.24 ha (8 ac) parcel from the ha (30.85 ac) The ALC approved the application: Resolution #2217/80 (ALC #201-W ) APPLICANT: LEGAL: PROPOSAL: DECISION: Ministry of Lands, Parks, Housing NE ¼, of District Lot 1121, PRD To create an approx. 8 ha parcel over portions of property. The ALC approved the application: Resolution #44/82 (ALC #22-W ) Page 2 of 8

3 APPLICANT: LEGAL: PROPOSAL: DECISION: APPLICANT: LEGAL: PROPOSAL: DECISION: File No. 047/2017 Kathleen Dewitt Parcel A of SE ¼, of DL 1222, PRD To dedicate two roads through the subject property and the subdivision of three lots of 8.08 ha, ha and 14.5 ha as created by the two roads. The ALC refused the application, however would allow the dedication of a road joining the road running east-west along the southern edge of the property, and the creation of two lots of 8.08 ha and 26.6 ha: Resolution 404/82. (ALC #21-W Mr. Gerry Gleeson NE ¼, of District Lot 1121, PRD To subdivide the lot into three lots. The ALC approved the application: Resolution #942/82 (ALC #22-W ) APPLICANT: Westcoast Energy Inc. LEGAL: Unsurveyed Crown lands and Portions of DL 1121,1122, and1123 PROPOSAL: To construct a mm gas pipeline within an 18.3 metre wide ROW. DECISION: The ALC approved the application with conditions: Resolution #827/89 (ALC #25- W-23551) APPLICANT: LEGAL: PROPOSAL: DECISION: Mr. McCaw Parcel A (E6133) of the SE ¼, of DL 1122, PRD Exc. Pl31795 To use an area of.75 ha of the 27.4 ha property for a small shop, a mobile home and storage of construction equipment. The ALC approved the application: Resolution #959/96 (ALC #W-30909) COMMENTS AND OBSERVATIONS APPLICANT: ALR: It is the intent of the landowners to subdivide the subject property into three lots. The applicant states that immediately adjacent to the property is a quarry which has proposed to purchase a portion of the property for the continuation of the quarry. They wish to retain ownership of the smaller pieces for use for apiculture. The subject property lies 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 designation. 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. Page 3 of 8

4 OCP: PRRD Rural Official Community Plan Bylaw No. 1940, 2011 File No. 047/2017 Section 7.0 Policy 3 Within the Agriculture Rural designation the minimum parcel size will not be less than 63 ha (155 acres) with the following exceptions: b) where the proposed new parcel is separated from the remainder by a railway, road right-of-way, or significant topographical constraint; d) where the parcel to be created has low agricultural capability based on soil rating in the Canada Land Inventory (Class 5 excluding Class 5C Class 6 and Class 7 rated soils) subject to the review under section 16 (Preservation Area and Safety) if applicable; Based on the stated objectives and policies, this proposal is consistent with this OCP. ZONING: Chetwynd Rural Area Zoning Bylaw No. 506, 1986 The subject property is zoned A-2 (Large Agricultural Holdings Zone) within the Chetwynd Rural Area Zoning Bylaw No. 506, Section 6.11 B. Minimum Parcel Size (viii) The minimum parcel size is 63 ha (155 acres). This minimum parcel size shall not apply to: d) where a parcel is divided by a railway right-of-way, highway right-ofway or a watercourse no minimum parcel size applies to the creation of a parcel by subdividing along any such railway right-of-way, highway rightof-way or watercourse; (ix) Where the parcel to be created under Sections 6.11 (B) (viii) (d) is less than 1.8 ha (4.5 acres), such subdivision is subject to Section 7.9; Section 7.9 Small Parcel Subdivision Whereby a portion of this by-law permits the creation of a parcel below 1.8 ha (4.5 acres) that subdivision shall be subject to the provisions of the Local Services Act Subdivision Regulations 262/70 and Provincial Regulations relating to sewage disposal that are existing as of the date of the last publication of the notice for the Public Hearing for this bylaw, and which are hereby incorporated by reference as requirements under this by-law. Comment: Please see the Sewer and Water section directly below. Therefore this proposal is consistent with this Zoning Bylaw and would not require a zoning amendment. Page 4 of 8

5 SEWER & WATER: File No. 047/2017 Letter received from Northern Health in response to this ALR Application as per PRRD staff request. This letter is in regards to the Provincial Agricultural land Commission Application Submission located at W 1/2 OF THE S 1/2 OF THE S 1/2 OF THE N 1/2 OF DL 1121 PEACE RIVER EXC PLS A1856 & PGP37820 in Chetwynd BC. The purpose of the application is to create 3 smaller lots with separate titles. One lot will be 8.5 Ha and the combined size of the remaining two lots will be 2 Has. The intended use of the two smaller parcels will be to act as a bee yard and to plant legumes as a nectar source. Since the two smaller parcels are not big enough to meet Health standards, the applicant is proposing to register a no build covenant. Based on the intended use of the Application, Approval is recommended. Please be advised that during the subdivision stage, if the applicant wishes to change the intended use of the parcel, Northern Health will be requiring full testing of each newly proposed lot. If the proposed lots cannot sustain individual onsite Type 1 sewerage systems, then Northern Health will be issuing a non-approval recommendation to the approving officer (Ministry of Transportation). IMPACT ANALYSIS AGRICULTURE: CONTEXT: POPULATION & TRAFFIC: The proposal should have no impact on future agricultural productivity of the parcel or surrounding parcels. The proposed parcels are small in size for large scale agricultural production, however it is recognized that they could be used for intensive agriculture (gardens, apiculture use). This area consists mainly of larger rural lots along the Hart Highway (97S), however there are rural subdivision east and west of the subject parcel. The East Pine River is south of the subject property, and the foothills to the Rocky Mountains are directly north of the subject property. Several of the transportation right-of-way s, and the location of the subject property has created divisions in the parcel that could be considered unusable for any other use besides small scale agriculture or lands that could be included in the right-of-way s. During the Subdivision phase with the Ministry of Transportation and Infrastructure, the agency may place restrictions of the properties including a no build Covenant or any other conditions they may seem feasible. The proposed subdivision should not increase the population of the area, however if the applicant could get approval from Northern Health for water and sewage on the proposed lots that are below minimum lot sizes than the population could increase by an average of 5.2 people and 4 vehicles in Electoral Area E. This density is calculated by a population average of 2.6 people (based on Stats Can 2011 census estimate) per dwelling in Electoral Area E and about 2 vehicles per dwelling. If the proposed subdivisions are approved and if the applicants gain approval from MOTI and Northern Health to contain a residence on the proposed smaller lots, the maximum amount of dwellings that is permitted without an ALR Non-Farm Use application is one residence on each proposed lot, and a possible additional dwellings on the larger 8.5 ha (22 acre) lot. Page 5 of 8

6 File No. 047/2017 ALR SUBDIVISION REPORT MAPS FILE NO. 047/2017 (Soloshy) Context Photo N District of Chetwynd Subject Property N Air Photo Proposed Subdivision #1 Proposed Subdivision #2 Proposed Subdivision #3 Page 6 of 8

7 File No. 047/2017 N ALR SUBDIVISION REPORT MAPS FILE NO. 047/2017 (Soloshy) PRRD Rural Official Community Plan Bylaw No. 1940, 2011 (Schedule B Map 28) Chetwynd Rural Area Zoning Bylaw No. 506, 1986 (Schedule B Map 6) N A-2 Page 7 of 8

8 File No. 047/2017 ALR SUBDIVISION REPORT MAPS FILE NO. 047/2017 (Soloshy) Agricultural Land Reserve (Map 093P.061) N CLI-Soil Classification (Map 093P/12) N Page 8 of 8

9 Peace River Regional District Memorandum To: From: Leonard Hiebert, Director of Electoral Area E Kole A. Casey, SP Planner Date: May 31, 2017 RE: ALR Subdivision App # 047/2017 Pursuant to the following resolution: RD/15/04/26 (23) That a two-week period be added to the development application review process to allow time for the appropriate Electoral Area Director to review applications prior to them going to the Regional Board for consideration. The attached application and report are provided for your review. Please return this form with your comments by or before June 14, Please contact me if you have any questions. Thank you. COMMENTS: circle if No Comment I have no prolem with this application. Date: June 1,2017 Initial: DR

10 47/2017 Provincial Agricultural Land Commission - Applicant Submission Application ID: Application Status: Under LG Review Applicant: Thomas Soloshy, Lisa Point Agent: Thomas Soloshy Local Government: Peace River Regional District Local Government Date of Receipt: 03/11/2017 ALC Date of Receipt: This application has not been submitted to ALC yet. Proposal Type: Subdivision Proposal: Our property is made up of one piece that is 8.5 ha in size and four small pieces that total 2.2 ha. Immediately adjacent and above our property on the mountainside is an active, operating aggregate quarry in which blasting is performed. The quarry owner has proposed purchase of our property to facilitate the continuation of the quarry operation. We are not anxious to sell, but may have no alternative. We want to, at the very least, retain ownership of the four small pieces that do not border the quarry and are therefore safe from the blasting operations. Agent Information Agent: Thomas Soloshy Mailing Address: 7847 HWY 97 S CHETWYND, BC V0C 1J0 Canada Primary Phone: (250) poso2012@live.com Parcel Information Parcel(s) Under Application 1. Ownership Type: Fee Simple Parcel Identifier: Legal Description: W 1/2 OF THE S 1/2 OF THE S 1/2 OF THE N 1/2 OF DL 1121 PEACE RIVER EXC PLS A1856 & PGP37820 Parcel Area: 10.7 ha Civic Address: 6866 Walton Creek FSR, Chetwynd BC V0C 1J0 Date of Purchase: 03/30/2000 Farm Classification: No Owners 1. Name: Thomas Soloshy Address: 7847 HWY 97 S CHETWYND, BC V0C 1J0 Canada Applicant: Thomas Soloshy, Lisa Point

11 2. Phone: (250) Name: Lisa Point Address: nd Street Chetwynd, BC V0C 1J0 Canada Phone: (250) Ownership or Interest in Other Lands Within This Community 1. Ownership Type: Fee Simple Parcel Identifier: Owner with Parcel Interest: Thomas Soloshy Parcel Area: 28.7 ha Land Use Type: Residential Interest Type: Full Ownership Current Use of Parcels Under Application 1. Quantify and describe in detail all agriculture that currently takes place on the parcel(s). No agricultural activity. High hazard from quarrying activity. 2. Quantify and describe in detail all agricultural improvements made to the parcel(s). In 2003 I installed an access gate, cut out fence lines, salvaged and removed abandoned barbed wire and installed new fencing. Much of this fencing was destroyed in 2016 by flooding and post flood highway ditch repairs. In 2013 two gates were installed across pipeline R/W access. 3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s). There is a Pipeline R/W easement extending from the east boundary to the west boundary of this parcel. The R/W contains a 30" natural gas line and a 12" oil line and takes in.618 ha of the parcel. There is a valve site lease on the east end of the property that takes in.20 ha, but has never been constructed. There is a two meter high berm of granular material, 90 meters long and 15 meters wide placed on the pipeline R/W two plus years ago. No agreement for permanent placement, no lease. Access across the SE corner of this parcel has been used by a neighbour for an industrial site access. No agreement or easement in place. Adjacent Land Uses North Land Use Type: Industrial Specify Activity: MOTI Aggregate Quarry East Applicant: Thomas Soloshy, Lisa Point

12 Land Use Type: Agricultural/Farm Specify Activity: Hay Production South Land Use Type: Agricultural/Farm Specify Activity: Laydown/Storage, unused agricultural West Land Use Type: Agricultural/Farm Specify Activity: Hay Production Proposal 1. Enter the total number of lots proposed for your property. 8.5 ha 1 ha 1.2 ha 2. What is the purpose of the proposal? Our property is made up of one piece that is 8.5 ha in size and four small pieces that total 2.2 ha. Immediately adjacent and above our property on the mountainside is an active, operating aggregate quarry in which blasting is performed. The quarry owner has proposed purchase of our property to facilitate the continuation of the quarry operation. We are not anxious to sell, but may have no alternative. We want to, at the very least, retain ownership of the four small pieces that do not border the quarry and are therefore safe from the blasting operations. 3. Why do you believe this parcel is suitable for subdivision? The larger piece of this property is a distinct, separate parcel that does not share a border with any of the four small pieces. The four small pieces are separated by a Forest Service Road, Highway 97 and the CN Railway. No single piece is large enough to meet Health regulations for building a residence, but the combined four pieces could be combined into two separate parcels if a "no build" covenant was registered on the titles. Our objective is to secure the four small pieces of our property under two separate titles for use as a "bee yard" and to plant legumes as a nectar source. Creating two additional separately titled small parcels cleans up the splintered nature of this current parcel and increases future opportunities for efficient utilization of this property. 4. Does the proposal support agriculture in the short or long term? Please explain. I currently have several bee hives on my home property that is located 2 km from the parcel we are hoping to subdivide. A 1.2 ha parcel at this location would be adequate for an "outlying bee yard" and is an appropriate distance from the main bee yard. There are hay fields adjacent to this proposed bee yard that would provide a good supply of nectar flow and 1.2 ha would provide enough land to plant legumes such as clover or borage to assist in nectar supply. The second 1 ha parcel is separated from the 1.2 ha parcel by Hwy 97. My immediate intention is to clean up and prepare this area for planting to borage as an added nectar source for bees. I believe that our proposal to subdivide this parcel secures an agricultural operation on at least a portion of this parcel. If we are able to avoid relinquishing ownership of the large piece of our property, the subdivision of the parcel would have no negative effect on agricultural use if a "no build" covenant is placed on the titles of the smaller parcels. 5. Are you applying for subdivision pursuant to the ALC Homesite Severance Policy? If yes, please submit proof of property ownership prior to December 21, 1972 and proof of continued occupancy in the "Upload Attachments" section. No Applicant: Thomas Soloshy, Lisa Point

13 6. Describe any economic values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. I believe that my application ensures preservation of an agricultural operation on at least a portion of our parcel of land. I am currently building up my hives with the intent of establishing "bee yards" in areas of productive nectar flows. All serious beekeepers appreciate the value of secure yards that are protected with bear-proof fencing. Securing ownership of this location where we would have the ability to construct a permanent bee yard is a valuable agricultural asset. Most farmers and homeowners are becoming increasingly aware of the value of secure populations of honeybees in all areas. Their value in assisting in pollination and therefore propagation of all plants, both domestic and wild is immeasurable. 7. Describe any cultural values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. Again, culturally, assisting in ensuring healthy colonies of honeybees promotes production of wild fruits that have been gathered for generations in this area. Providing for the establishment of a secure bee yard is the first step in providing colonies of healthy honeybees. Honey production is also a key part of Peace River farming culture that has been waning in recent years. Any act that helps to revive this valuable aspect of farming is a benefit. 8. Describe any social values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. I can only focus again on benefits of beekeeping and promoting bee colony health in addressing the social value in assessing the subdivision of this parcel. There are limited land uses in this area for small splintered pieces of property. The soil quality is marginal for intensive agriculture and larger parcels of property are required for extension agriculture in this area. Beekeeping is appropriate and socially acceptable on very small pieces of land. My objective in pursuing this subdivision is to secure this land for beekeeping. 9. Describe any regional and community planning objectives you believe are applicable to the application as it applies to s.4.3 of the ALC Act. Both regional and community planning objectives focus on the best appropriate use of rural land with minimal impact on water bodies, public views-capes, land stability, etc, but still contribute to economic health. I believe that my proposal, in a small way, meets these objectives. Applicant Attachments Agent Agreement - Thomas Soloshy Site Photo - An aerial view of Subject Property Site Photo - SE corner of Parcel with access off Hwy 97 Proposal Sketch Certificate of Title ALC Attachments None. Decisions None. Applicant: Thomas Soloshy, Lisa Point

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