REPORT ON EXCLUSION FROM THE AGRICULTURAL LAND RESERVE (ALR)

Transcription

1 PEACE RVER REGONAL DSTRCT DEVELOPMENT SERVCES REPORT ON EXCLUSON FROM THE AGRCULTURAL LAND RESERVE (ALR) ALL MEMBERS PARTCPATE. FLE No OWNER: Peace Vale Farms Ltd. (Chris and Esther Haab) DATE: June 14, 2011 AREA: Electoral Area C LEGAL: LOT SZE: LocAToN: PROPOSAL Part NW 14, Section 1, Township 84, Range 18, W6M, PRD 64.0 ha (158.1 ac) Near the FSJ Airport, northeast of the intersection of the Airport Road and 255 Road To exclude a 0 35 ha (0 87 ac) residential leasehold parcel (Parcel B on Plan 29557) from the ALR m order to subdivide it from the parent parcel for continued rural residential use. RECOMMENDATON: OPTON 1 ThAT the Regional Board support and authorize the application to proceed to the Agricultural Land Commission on the basis that the existing residential leasehold parcel (Parcel B on Plan 29557) already functions., as a discrete subdivided parcel. OPTON 1: OPTON 2: THAT the Regional Board support and authorize the application to proceed to the Agricultural Land Commission on the basis that the existing residential leasehold parcel (Parcel B on Plan 29557) already functions as a discrete subdivided parcel. THAT the Regional Board refuse the application. LAND USE POLCES AND REGULATONS OFFCAL COMMUNTY PLAN (OCP): Medium Density Residential, NPFA OCP By-law No. 1870, 2009 Agriculture, NPFA OCP By-law No. 1870, 2009 ZONNG: R-4 (Residential 4 Zone), By-law No. 1343, 2001 P-2 (Civic, Assembly, and nstitutional Zone), By-law No. 1343, 2001 A-2 (Large Agricultural Holdings Zone), By-law No. 1343, 2001 BULDNG NSPECTON AREA: Within AGRCULTURAL LAND RESERVE (ALR): Within STE CONTEXT The subject property is located at the intersection of Airport Road and 255 Road. The area is a mix of residential, agricultural, public, and airport uses. The subject property borders agricultural uses on all sides as well as residential uses to the west and to the south..-- LAN: STRUCTURES: The subject property is mostly cleared for residential and agricultural production, except for a small amount of bush on the west side of the property. There are three dwellings located on three small leasehold parcels in the south west corner of the subject property. There are numerous additional farm outbuildings located to the north and east of the residences, which include a dairy barn, silo, shop, hay sheds, granaries, horse sheds, machine Page 1 of7 Printed on: 17-Jan-13 10:13:00 AM Department Head CÁO Report prepared by: Timothy Donegan, Land Use Planner

2 Outside File No sheds, fuel shed, and machine shops, along with water dugouts, lagoons, and some pasture. ACCESS: The subject property is accessed from the paved 255 Road. SOL: The subject property has a CL soil rating of Class 2C and 70% Class 2C and 30% Class 3T. FRE: The subject property is within the the Fort St. John Rural Fire Protection area. JS APPLCATONS SUBJECT PROPERTY File No.: (ALR Non-farm use) ALC File No. W Applicant: Peace Vale Dairy Farms Ltd. Proposal: To use 3 ha of the 64.7 ha subject propertyfor a drug and alcohol treatment centre. PRRD: Jun 26, 2008, supported the proposal. ALC: Sep 24, 2008, approved the proposal. File No.: (ALR Non-farm use) ALC File No. 21-W Applicant: Otto Wuthrich (Peace Vale Dairy Farms Ltd.) Proposal: To construct a third dwelling on the subject property and obtain leasehold title on each of the three separate dwellings PRRD: Jan 25, 1984, supported the proposal leasehold subject to the third dwelling hooking into the communal sewer system, and that the existing system meets health requirements ALC: Jun 8, 1982, approved the third dwelling for farm use, subject to 30-year leasehold agreements to cover the proposed small parcels PiEvous Al P Tctr 1i : 100 M. File No.: (ALR Non-farm use and Subdivision) ALC File No. W Applicant: Peace Vale Dairy Farms Ltd. Proposal: To operate a community care facility Lot], Plan 28134, ; and to operate a community care facility and allowfor the subdivision of 5.3 ha lying of the east side ofse ¼ ]8 on which it is proposed to be located Legal: Lot 1, Plan 28134, Section 2, Township 84, Range 18, W6M, PRD. Part SE 4 of Section 12, Township 84, Range 18, W6M, PRD. PRRD: Nov 23, 2006, supported the proposal (also supported subsequent Zoning Bylaw Amendment No. 1734, 2007, adopted on Jul 26, 2007) ALC: May 2, 2007, approved the non-farm use on both properties, but only allowed for a long-term lease on the SE 14 of Section 12 rather than subdivision to the Society File No.: Applicant: Proposal: Legal: PRRD: (Rezoning Application the ALR) Peace Vale Dairy Farms Ltd. To operate a community care facility on the subject property Lot 7, Plan 11345, Part SW 4 of Section 1, Township 84, Range 18, W6M, PRD. September 22, 2005, gave Final Reading to Zoning Bylaw No. 1595, 2005 to amend the R-4 Zone for the subject property to include a community care facility to provide shelter for chemical and alcohol rehabilitation services for a maximum of 12 clients and staff as an accessory use. COMMENTS AND OBSERVATONS OwNER: The owners propose to exclude a 0.35 ha (0.87 ac) residential leasehold parcel (Parcel B on Plan 29557) from the ALR in order to subdivide it from the parent parcel for continued rural residential use. As stated in the attached letter, the 30-year leasehold expires in 2013 and the owners would like to ensure that their daughter and son-in-law will continue to qualify for the Home Owners Grant. Page 2 of 7

3 ALR: File No n 1982, the ALC approved a 30-year leasehold agreement for the 0.35 ha (0.87 ac) residential leasehold parcel (Parcel B on Plan 29557) by Resolution # This agreement expires in Since the leasehold area is still within the Agricultural Land Reserve, the proposal requires Agricultural Land Commission approval. OCP: 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. The existing leasehold parcels are designated as Medium Density Residential within North Peace Fringe Area OCP By-law No. 1870, 2009, wherein the minimum parcel size is 1.6 ha (4 ac). The proposal does not meet this minimum parcel size requirement, however, subdivision of the parcel should qualify under s.946 of the LGA ZONNG: Pursuant to PRRD Zoning Bylaw No. 1343, 2001, this property is designated R-4 )Residential 4 zone).minimum parcel size will be no less than 1.8 ha (4.5 acres), however, subdivision of the parcel should qualify under s.946 of the LGA which will then not require rezoning. SEWAGE: Northern Health has provided confirmation that the proposed parcel can qualify for on-site sewage disposal NOTFCATON The applicant has fulfilled all notice requirements for the ALR Exclusion Application as per Sections 15 & 16 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation. Proof is on file. MPACT ANALYSS AGRCULTURE: The proposal would remove the subject property from the ALR for rural residential use. CONTEXT: POPULATON: TRAFFC: The proposal would be consistent with neighbouring rural residential uses. The proposal would not increase the local population. The proposal would not increase the number of vehicles in the area. Page 3 of7

4 File No ALR EXCLUSON REPORT D PEACE VALE FARMS LTD. MAPS FLE No Page 4 of 7

5 File No ALR ExcLusoN REPORT D PEACE VALE FARMS LTD. MAPS FLE NO Agricultural Land Reserve (Maps #94A.027) J,,2 Non-ALR. jz ),p,, 2 ;, N., f,,. % -2 f ;77 7- CU-Soil Classification (Maps #94-A-7).... _jj : ii. ti.-- :1 Page 5 of 7

6 Subject File No ALR EXCLUSON REPORT ü PEACE VALE FARMS LTD. MAPs FLE No Air Photo #94A. 027 Property Page 6 of 7

7 Area File No ALR EXCLUSON REPORT D PEACE VALE FARMS LTD. MAPS FLE No Air Photo #94A.027 of Proposal Page 7 of 7

8 i; APPLCATON BY LAND OWNER NOTE: The information required by thisform and the documents you provide with it are collected to process your application under the Agricultural Land Commission Act and regulation. This information will be available for review by any member ofthe public fiou have any questions about the collection or use of this information contact the Agricultural Land Comnussion and askfor the staffmember who will be handling your applièation. TYPE OF APPLCATON (Check appropriate box) EXCLUSON under Sec. 30(1) of the Agricultural Land Commission Act SUBDVSON in the ALR under Sec. 21(2) of the Agriculuiral Land AY 2 DVD 2O NCLUSON under Sec. 17(3) of the Agricultural Land Commission Act Non-farm USE in the ALR under Sec. 20(3) of the Agricultural Land Commission Act APPLCANT egistered 0 er: Agent: tec pç A&lre Address: r. Postal Code, JEtL4WL( Tel. (home) 2 s0 7 work) 1 S Lf Tel. Fax L( 22.4 Fax c cb)?prkl L 4Cvv Postal Code LOCAL GOVERNMENT JURSDCTON (ndicate name ofregional District or Municiali!y) q ir- CZ 1) LAND UNDER APPLCATON (Show land on plan or sketch) Title Number Size of Each Parcel (Ha.) Hi Date of Purchase Month Year Pec OWNERSHP OR NTERESTS N OTHER LANDS WTHN THS COMMUNTY (Show information on plan or sketch) f you have interests in other lands within this community complete the following: Title Number(s): Application by a Land Owner

9 PROPOSAL (Please describe TL r-- and show on plan or sketch) ( c A L CURRENT USE OF LAND (Show information on plan or sketch) List ii existing uses on the parcel(s) and describe all buildings r( 4 (.t c4- USES ON ADJACENT LOTS (Show information on plan or sketch) North East -e South West V_fl. C 7) r k i C L ii 3 DECLARATON we consent to the use 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, we declare that the information provided in the application and all the supporting documents are, to the best true and correct. we understand that the Agricultural Land Commission will take the steps necessary to confirm the accuracy of the information and documents provided. of of myour knowledge, Date Print Name Date Signature of Owner or Agent Print Name Date Signature of Owner or Agent Print Name Please ensure the following documents are enclosed with Application fee payable to the Local Government Certificate Agent authorization (if using agent) of Title or Title Search Print your application: Map or sketch showing proposal & adjacent uses Proof of Notice Photographs (optional) of Application *(See instructions) Apptcation by a Land Owner

10 t V\t W6M LCk 4 V.,. AREA = 3.49 ha N.fr+L, 0) LL) Ct) z 0 0 i; 4uS ft.cc:e pcrce E J. Ct) C J a e J

11 To Whom it may concern, May 22nd, Find enclosed a copy of the lease agreement Plan on NW ¼ of Secl,TP 84 R18 W6M, folio number in which Parcel B is included. Our Daughter Pamela Tjepkema and husband Aaron Tjepkema have purchased the house on Parcel B from our brother Martin Wuthrich and wife Cindy Wuthrich. The lease (Plan 29557) on this quarter is expiring in 2013 and as a result we are beginning now to ensure that Pamela and Aaron Tjepkema will continue to qualify for the Home Owners Grant. We (Christian and Esther Haab owners of the above quarter) would gift the land to Aaron and Pamela Tjepkema. This lease plan was put in place thirty years ago when our farm was a dairy. Pam and Aaron are part time help on the farm but Aaron works for the Fire Department in Fort St John. Upon consultation with the Peace Regional District office we are appling for exclusion for Parcel B from the Agriculture Land Reserve rather then reapplying for a new lease. Sewer, water and road access for Parcel B are connected into services on the rest of the quarter. Find enclosed an Easement that confirms the continuation of these services. Sincerely, Christian and Esther Haab, Peace Vale Dairy Farm RR#1 Fort St John B.C. V1J 4M6 Tel:

12 Easement Between Parcel B of Plan and home owned by: Aaron and Pamela Tjepkema and Peace Vale Dairy Farm Ltd Owned by Chris and Esther Haab Both located at: Sec 1, NW14, Tp 84, R 18, W6M Parcel B will continue to receive it s sewer, and water and treatment services from Peace Yale Farm. Costs of maintenance will be shared. Present road access is also through the Peace Vale yard. This also is given easement to continue. SinØ,Y: An Tje ema Pamela ema Christian Haab Esther Haab Witnessed by: EG7a ECEiVED\ Loielyn Secreto. ( FORT ST. JOHN, B.C. T4Q

13 Public Bruce Simard From: Sent: To: Subject: Tam Daisy Monday, October22, :26AM Bruce Simard Re: Peace Vale Dairy Farm Morning Bruce, As discussed on the phone, had talked with Owen regarding the sewerage system at Peace Vale Dairy Farm. t has been found satisfactory to Northern Health s requirements. This decision was based on the ROWP report submitted. have asked Ester Hobbs to provide you with another copy of the report for your records. f you have any further questions or need of clarification, feel free to contact me. Sincerely, Daisy Tam, B. Sc, 8. Tech (EnvH), CPH(C) Environmental Health Officer Northern Health - Health Protection 4th Floor 1600 Third Avenue, Prince George, BC, V2L 3G6 tel: fax: www. northernhealth.ca the northern way of caring The contents of this electronic mail transmission are PRVLEGED, intended to be CONFDENTAL, and for the sole use of the designated recipient. f this message has been misdirected, or if a resend is desired, please contact the sending office as soon as possible. 1