Provincial Agricultural Land Commission - Staff Report Application: 52401

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1 Provincial Agricultural and ommission - Staff eport Application: Applicant: ocal Government: Proposal: Terry & inda Budzak Nanaimo To build a second permanent dwelling on the 7.1 ha subject property. BAKGOUND NFOMATON The applicants also propose to remove the current S6 zoning which is on the 2.4 ha portion of the property as the property historically had a mobile home park on it.. There is a letter from Don McMillan explaining that he has owned and worked on the property adjacent to the subject property for over 50 years and remembers that there were mobile homes/trailers on the property at least through the late 60s and early 70s. The applicants indicate that the second dwelling would be situated in close proximity to the existing house on the property for varous reasons, but would also have the least impact on the land. The applicants have written a detailed letter that explains their intent, this letter and accompanying pictures of the property are attached to this report. They also mention that they intend to remove the existing modular home from the property and would be able to remove the mobile home pad(s) should the ommission wish them to do so. POPTY NFOMATON PD: egal Description: Property Area: ot A District ot 76 Newcastle District Plan VP ha A Area: 7.1 ha Purchase Date: August 1, 1980 ocation: 1244 Allgard oad Owner: Terry & inda Budzak Total A Area: AND US urrent and Use: House, modular home and mobile home pad(s) Surrounding and Uses: North: 5 ha residential ast: 5 ha ural esidential South: Fish Hatchery West: 20 ha ural esidential POPOSA DTAS Non-Farm Use Area: 0.1 ha Non-Farm Use Type: esidential: Additional Dwelling(s) Agricultural apability: The majority of the area under application is rated as: Prime Source: B Mapsheet: 92F.038 e: Application Page 1 of 4 1 of 26

2 PVOUS APPATONS Application D: Applicant: Terry & inda Budzak Proposal: SUBDVSON - Proposal to subdivide a 7.2 ha property into one parcel of 2.2 ha and one parcel of 5 ha. The subdivision of the two parcels would follow an existing zoning boundary. Decision: esolution # Decision Date Decision Description 175/2011 March 9, 2011 efused Application D: egacy #: Applicant: Terry & inda Budzak Proposal: A Application #25900 requested exclusion of the property to facilitate a subdivision of eight to ten 0.2 ha parcels. This application was refused (esolution #1009/1991) as the ommission believed that creating a useful farm unit of better quality lands would be possible. The ommission did however indicate that it may be willing to look at a possible development plan including adjacent properties if the lower bench was put into agricultural production. Application D: egacy #: Applicant: Terry & inda Budzak Proposal: Mr. Budzak is requesting permission to build a permanent dwelling on his property in the A. There are presently two mobile homes on the Mr. Budzak is requesting permission to build a permanent dwelling on his property in the A. There are presently two mobile homes on the land, one for him and one for his mother. The reason this application is before the ommission is that there is no assurance that both mobile homes would be occupied by farm help, or that one would be removed once the permanent dwelling is in place. Decision: esolution # Decision Date Decision Description 136/2001 March 9, 2001 efuse the application to add an additional dwelling to the property. Application D: Applicant: Proposal: Note: 937 egacy #: J.&D. MMAN xclusion of A portion of three properties totalling approximately 28 ha in return for including 15 ha. The ommission refused this application (esolution #143/1993) as it believed that the agricultural potential of the land proposed for exclusion have sufficient agricultural capabilities to warrant retention in the A. The ommission also mentioned that the area proposed for inclusion into the A also had good agricultural capability. this application was made on the subject property in conjunction with two properties southeast of the subject property. e: Application Page 2 of 4 2 of 26

3 VANT APPATONS Application D: Applicant: Donald & John McMillan Proposal: NUSON - Applicants wish to use the two lots for agricultural purposes. They would like to equalize the farming opportunities and adjust the boundaries. To approve the boundary adjustment the entire lots must be in the A Decision: esolution # Decision Date Decision Description 30/2010 December 7, 2010 Allow as presented Note: this application was made on the eastern adjacent property. Application D: Applicant: Note: Application D: Applicant: Proposal: Decision: esolution # 194/ egacy #: Helen M. e Baron this application was made on a property southeast of the subject property egacy #: Mabel Faludi, xecutrix The application requests permission to subdivide the 16 ha lot along the A boundary creating three 2 ha lots and a remainder of 8.3 ha (lying partially within the A). A further 2 ha (river bed) would be returned through the rown Decision Date March 1, 1995 Decision Description Approved. A portion remains connected to a non-a lot in order to provide access. OA GOVNMNT NFOMATON Official ommunity Plan: Bylaw Name: lectoral Area 'G' OP Bylaw No. 1540, 2008 Designation: ural OP ompliance: Yes Zoning: Zoning Bylaw Name: DN and Use and Subdivision Bylaw No. 500, 1987 Zoning Designation: ural 1 (U1) Minimum ot Size: 2.0 ha Zoning ompliance: Yes omments and ecommendations: Board/ouncil t is Board Policy to authorize all non-farm use applications to be forwarded with no resolution of support or opposition from the egional Board of Directors. e: Application Page 3 of 4 3 of 26

4 A STAFF OMMNTS t is recommended that the ommission consider the following: -The applicants have owned the property since The proposal for a second dwelling is for the applicants' daughter and her family. The son-in-law is a builder and would prefer to build a home in luie of a mobile home for a family member. The proposed home would be a maximum of 2000 sq.ft. -The ratings of the agricultural capability for the majority of the property are prime as identified by the British olumbia and nventory as being improvable to lass 1, 2, 3 and 5 with the limitation of soil moisture deficiency. There is, however a band of lass 7 with the limitation of topography land which runs east-west through the centre of the property which is identified as a steep slope which creates a property with an upper and lower bench. -The proposed dwelling would be located near the principal dwelling on the upper bench. The agricultural capability of this area is identified as lass 3 and lass 5. -The aerial photograph of the property demonstrates that the majority of the property is forested, with a clearing in the centre of the property and a clearing in the northeast corner which appears to be where the residences are located. -The property borders non-a land on all but one boundary, which is the southwest boundary it appears that this land was excluded from the A through a block exclusion. -There are four previous applications on this property. The details of these applications were discussed earlier in the staff report. -During a conversation with the applicant, ommission staff were informed that the applicants are willing to be flexible if the ommission has any other suggestions of how they would be able to achieve their goal of having two permanent dwellings on the subject property. ATTAHMNTS 52401_ontextMap20k.pdf 52401_AgapabilityMap.pdf 52401_AirphotoMap10k.pdf from applicant.pdf proposal2.pdf proposal1.pdf lg report.pdf ND OF POT Prepared by: Jennifer arson e: Application Page 4 of 4 4 of 26

5 Hobbs d l ortes d Komass Bluff DNMAN SAND S O U N D r ollishaw Pt HONBY SAND DP BAY Boyle Pt Tribune G S A B Tucker B FAS BAY ASQUT SAND N O MT SHPHD H A F '0"W BOWS O Sangster QUAUM U A DUNSMU QUAUM BAH A V DASHWOOD U M FNH U K M PAKSV A Horne U Q K PAKSV r HS 4 T T OOMBS h ameron c NGTON &N e n r K F HY NANOOS BAY B V N o A n POT ABN N G M e MT H S S A AOWSMTH POT ABN H M A N M G O N N h N i O n H a T V T H r T U e O e MT S k 49 22'0"N Ferndowne d sland Hwy W BOB'S WAY Map ocation G D 73&N Private d D 379 Surfside Dr D 110&N McFeely Dr AMPGOUND D 80&N Barton d Flamingo Dr odgers d Wallace Way D 9&N dwin d D 51&N AMPGOUND Bk 1373 A heddar d Memory ane D A S H W O O D Subject Property D 100&N V TA PAK Texada d D 11&N D 76&N entre d Ganske d Allgard d vanson d Huckleberry ane entre res Troy Pl Waters d QUAUM BAH D 10&N Kinkade d D 104&N Andreeff d FSH HATHY laymore d Bk 255 Bk 37V&M QUAUM BAH D 78&N Bk 232 D 99&N A ontext Map Map Scale: 1:20, ,000 Meters A File #: Mapsheet #: Map Produced: egional District: F.038 Aug 8, 2011 Nanaimo 5 of 26

124 30'0"W O 49 22'0"N DUNSMU DASHWOOD U A Map ocation U

200 300 400 500 Meters A File #: Mapsheet #: Map

6 124 30'0"W O 49 22'0"N DUNSMU DASHWOOD U A Map ocation U Q HS T T meron e n r F M QUAUM BAH Qualicum Beach!( QUAUM BAH r OOMBS h c Subject Property Airphoto Map 2002 Timberwest Orthophoto Map Scale: 1:10, Meters A File #: Mapsheet #: Map Produced: egional District: F.038 Aug 10, 2011 Nanaimo 6 of 26

7 l l '0"W Komass Bluff ollishaw DNMAN Pt FANNY BAY S SAND S O U N D r HONBY SAND DP BAY Boyle Pt Tribune G S A B N Tucker B FAS BAY ASQUT SAND SHPHD BAV a 49 22'0"N A r S Q U K S A (3PA) POT ABN (3A) () () T (2AW) (6: 4:) (1) () W (5:2D 5:2PW) (2A) U M HY 6: 4:7P (6:2TA 4:7P) BOWS POT ABN K (3A) W (5:2AW 5:2AP) 6: 4:7P (6:2TA 4:7P) h QUAUM i Horne n a V (2A) DUNSMU ameron A M r AOWSMTH e MT DASHWOOD N P (3AP) e O 5: 5: (3A) k T T Q U 7T 3WA (2D) 7A P (8:3PA 2:2AP) 5: 5: (3A) 6: 4:P (8:3AP 2:) 6: 4:7P (6:2TA 4:7P) 6: 4:7P (5:2AP 5:3AP) (6:2TA 4:7P) () A N G M V S O (5:2AP 5:3AP) F r e QUAUM BAH n M c MT A r OOMBS N Map ocation U HS H h (2A) P (2AP) FNH K V G 4 NGTON S 8: 2:3WA (8:3AW 2:2D) (2DA) O N G T H S (5PA) (1) PAKSV PAKSV U N A M H Sangster A NANOOS (3A) &N 3AW (2WD) (8:3A 2:) BAY N O () P (3AP) (2A) 7W (5:1 5:2A) (3A) (1) () X (X) (4PA) 6W (6W) W (2TA) 7W (8:3A 2:) (1) 7: 3:5W (7: 3:5W) 6W (3A) () 5W (5W) (3TP) () 7T (2A) O6W () W (2AW) W (2A) X (X) X (X) W (2A) W (2AW) (1) W (2AW) (3A) () 7W X (X) (7:3A 3:2A) (1) 7T () 6:5 4: (6:1 4:3W) X (X) (1) X (X) 5W (2W) (2A) (2A) 5: 5:5W (5:1 5:3W) 7W 7T (2A) 7:O5W 3:3A (7:O3W 3:2A) 7T 6: 4: (6:4P 4:) (3AP) (3PA) 5WP (4PW) 7W * Note - 6:5PA Subject 4:7PA property location is approximate. (6:5PA 4:7PA) Accuracy not guaranteed. (3PA) (3A) (2A) 5 (3W) (4P) W (2WD) 5TP (5TP) 7T () 5PA (5PA) 7T (4P) 5W (4WP) W (7:2WP 3:2A) (4P) (5: 5:4P) (4P) 6:4WA 4:O4W (6:2PD 4:O2W) W (2A) W (2A) Agricultural apability Map Map Scale: 1:20, ,000 Meters A File #: Mapsheet #: Map Produced: egional District: F.038 Aug 8, 2011 Nanaimo 7 of 26

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Provincial Agricultural Land Commission - Staff Report Application: 52667

Provincial Agricultural Land Commission - Staff Report Application: 52667 Applicant: Agent: Local Government: Proposal: Victor Bugaychuk-Robson John Molodowich Fraser-Fort George EA Non-farm Use - To operate