pqqv Peace River Regional District REPORT Subject: ALR Exclusion Application # INFORMATION: BACKGROUNDIRATIONALE: STRATEGIC PLAN RELEVANCE:

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1 pqqv Peace River Regional District REPORT To: Regional Board Date: October 291, 2014 From: Kole A. Casey, South Peace land Use Planner Subject: ALR Exclusion Application # INFORMATION: At the Regional Board meeting held on October 9th, 2014, the Board considered the Exclusion ALR application 193/2014. The application was refused by the Regional Board. ALR Exclusion App #252/2014 is a reapplication from ALR Exclusion Application # 193/ The applicant would like to present to the Regional Board the reasons for this application. BACKGROUNDIRATIONALE: At the October meeting the Board resolved as follows: R13 September 24, 2014 EXCLUSION FROM ThE ALR APPLICATION 193/2014 (LOISELLE INVESTMENTS LTD.) RD/i MOVED Alternate Director BretL SECONDED Director Ackerman, That the Regional Board refuse AIR Exclusion Application (Loiselle Investments Ltd.) on the basis that it is not consistent with the South Peace Fringe Area Official Community Plan. CARRIED. Staff rationale for recommending refusal is based on the proposal not consistent with the South Peace Fringe Area OCP Bylaw No. 2048, Staff has confirmed with the ALC staff and applicant that notification associated with this ALR Exclusion Application will not require resubmission STRATEGIC PLAN RELEVANCE: FINANCIAL CONSIDERATION(S): OTHER CONSIDERATION(S): Staff Initials: Dept. Head: CAO: Page 1 of 1

2 Peace River Regional District DEVELOPMENT SERVICES REPORT ON EXCLUSION FROM THE AGRICULTURAL LAND RESERVE (ALR) FILE NO. 252/2014 ALL MEMBERS PARTICIPATE OWNER: Loiselle Investments Ltd. DATE: October 29 th, 2014 AREA: Electoral Area D LEGAL: Lot A, Section 33, Township 77, Range 15, W6M, PRD, Plan LOT SIZE: 49.5 ha (122.4 acres) LOCATION: Bear Mountain, South of Dawson Creek PROPOSAL To exclude the subject property from the ALR. RECOMMENDATION: OPTION 2 THAT the Regional Board refuse the subdivision application 252/2014 of Loiselle Investments Ltd. to proceed to the Agricultural Land Commission as the proposal is not consistent with the OCP. OPTIONS OPTION 1: THAT the Regional Board support the subdivision application 252/2014 of Loiselle Investments Ltd., and authorize the application to proceed to the Agricultural Land Commission. OPTION 2: THAT the Regional Board refuse the subdivision application 252/2014 of Loiselle Investments Ltd. to proceed to the Agricultural Land Commission as the proposal is not consistent with the OCP. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): 'Agricultural' & 'Rural Neighbourhood' South Peace Fringe Area OCP Bylaw No. 2048, 2012 ZONING: AGRICULTURAL LAND RESERVE (ALR): BUILDING INSPECTION AREA: A-2 (Large Agricultural Holdings Zone), Zoning Bylaw No. 1343, 2001 Within Optional SITE CONTEXT The subject property is south of the City of Dawson Creek within the Bear Mountain area. The property to the surrounded by developed rural residential lots. The subject property is currently used for grazing and rural residential use. SITE FEATURES LAND: The subject property is cleared for agricultural production besides a small area in the north west corner that is used to rural residential use. STRUCTURES: Subject property contains one homestead, shop and several outbuildings. Page 1 of 6 Printed on: 29-Oct-14 11:01:46 AM Department Head CAO Report prepared by: Kole A. Casey, South Peace Land Use Planner

3 CLI SOIL RATING: FIRE: File No. 252/2014 Class 2 6 c3 4 x and 5 7 tp7 3 tp soils. Class 2 soils have moderate limitations that restrict the range of crops or require moderate conservation practices. Class 3 soils have moderately severe limitations that restrict the range of crops or require special conservation practices. Class 5 soils have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Class 7 soils have no capacity for arable culture or permanent pasture. Subclass c denotes adverse climate. Subclass x denotes soils having a limitation resulting from the cumulative effect of two or more adverse characteristics. Subclass t denotes topography. Subclass p denotes stoniness The subject property lies within the Dawson Creek Rural Fire Protection Area. PREVIOUS APPLICATIONS SUBJECT PROPERTY APPLICANT: Loiselle Investments Ltd. PROPOSAL: To exclude the land within the ALR DECISION: PRRD refused the exclusion. PRRD Resolution # RDRD/14/10/49 PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M APPLICANT: Loiselle Ranches Ltd. LEGAL: W 1/2 of the Sw 1/4 of Sec 34, Twp 77, Rge 15, W6M, PRD and the 1 1/2 of the SW 1/4 of Sec 33, Twp 77, Rge 15, W6M, PRD PROPOSAL: To include land within the ALR DECISION: ALC approved the inclusion. Resolution # 1435/83 & 1436/83. April 3 rd, 1984 APPLICANT: Loiselle Investments Ltd. LEGAL: Parcel A (PM2163), Plan PGP35778, Sec 33, Twp 77, Rge 15, W6M, PRD PROPOSAL: 2 lot subdivision DECISION: MOT approved preliminary Layout approval with conditions. File # , June 29th, 2004 APPLICANT: Paul Loiselle LEGAL: Remainder of the Nw 1/4 of Sec 34, Twp 77, Rge 15, W6M PROPOSAL: Subdivide approx. 45 acres of the above described approx 80 acres into eight lots ranging in size from 4.56 acres to DECISION: ALC refused the application. Resolution # 5535/77. February 9 th, 1977 APPLICANT: Fredrick Krapp LEGAL: Sw 1/4 of Sec 4, Twp 78, Rge 15, W6M, PRD, Exc/ PL 21955, 22482, PROPOSAL: Subdivide two 2 ha lots from the 7.5 ha parcel be allowed DECISION: ALC approved the application. Resolution # 175/2014. June 4 th, COMMENTS AND OBSERVATIONS APPLICANT: The applicant wishes to exclude this land from the ALR for the creation of approximately twenty seven 1.8 ha (4.5 acre) parcels. The parcel is in the middle of residential subdivision and is currently being grazed by horses and not seeded for over 15 years. ALR: Page 2 of 6 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

4 OCP: ZONING: File No. 252/2014 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 subject property is designated as Agricultural within the South Peace Fringe Area OCP Bylaw No. 2048, 2012, wherein the minimum parcel size is 63 ha (155 acres). As the reason for Exclusion from the ALR is for the end result for subdivision into smaller lots an amendment to this OCP will be required for this designation. A portion of subject property is designated as Rural Neighbourhood within the South Peace Fringe Area OCP Bylaw No. 2048, 2012, wherein the minimum parcel size is 1.6 ha (4 acres). As the reason for Exclusion from the ALR is for the end result for subdivision into smaller lots an amendment to this OCP will not be required for this designation. As stated in Section (E.) an Objective of this OCP is to support the protection of the agricultural land base with emphasis on the preservation of the highest productive land. The subject property is zoned A-2 (Large Agricultural Holdings Zone), within Zoning Bylaw No. 1343, 2001, wherein the minimum parcel size is 63 ha (155 acres). As the reason for Exclusion from the ALR is for the end result for subdivision into smaller lots an amendment will be required. NOTIFICATION 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 of which is on file. IMPACT ANALYSIS AGRICULTURE: The proposal will remove the subject property from the ALR and will have a considerable impact on the agricultural use on the subject property. Higher slope areas along the southern portion of the parcel could create difficulties with some agricultural practices. CONTEXT: POPULATION & TRAFFIC: This parcel is surrounded by rural residential lots. This proposal could have minimal impacts with the surrounding agricultural parcels. This proposal could have negative impacts on the surrounding rural residential properties concerning increases in transportation, water management and an increase in urban sprawl. The proposed subdivision may increase the population of the area by 74 people (based on Stats Can 2011 census estimate) in Electoral Area D and about 54 vehicles. COMMENTS RECEIVED FROM THE PUBLIC Two letters of concern was received by the PRRD on September 22 nd 2014 and is attached to this report. The PRRD has received two response letters on October 28 th from Loiselle Investments addressing the letters of concern and is attached to this report. Page 3 of 6

5 File No. 252/2014 ALR EXCLUSION REPORT LOISELLE MAPS FILE NO. 252/2014 South Peace Fringe Area OCP Bylaw No. 2048, 2012 (Map 4) N Subject Property PRRD Zoning Bylaw 1343, 2001 (Schedule B, Map 13) N Subject Property Page 4 of 6

6 File No. 252/2014 ALR EXCLUSION REPORT LOISELLE MAPS FILE NO. 252/2014 Agricultural Land Reserve N CLI-Soil Classification N 5 7 tp7 3 tp 2 6 c3 4 x 5 7 tp7 3 tp Page 5 of 6

7 File No. 252/2014 ALR EXCLUSION REPORT LOISELLE MAPS FILE NO. 252/2014 Air Photo N Overview N Page 6 of 6

8 APPLICATION 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 of the 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) J EXCLUSION under Sec. 30(1) of the Agricultural Land Commission Act SUBDIVISION in the ALR under Sec. 21(2) of the Agricultural Land Commission Act INCLUSION Non-farm USE in the ALR under Sec. 17(3) Li of the Agricultural Land Commission Act under Sec. 20(3) of the Agricultural Land Commission Act APPLICANT Registered Owner: LpL-c- /1*Si.) ) Address: & ij-co qk- &,,u 1 qkg Postal Code Agent: Tel. (home) Sb-1$Y-333 (work)b 72_ Z3) Tel. Fax L3g Fax /o,6e /L*ek.i.?)& 7 Address: Postal Code LOCAL GOVERNMENT JURISDICTION (Indicate name ofregionaldistrict ormunicipalil) i i-/l C ia - 2)13141 C 7 LAND UNDER APPLICATION (Show land on plan or sketch) Title Number Size of Each Parcel Date of Purchase kia, /ci 6Pc3O(J/, it?3, 77 4, L-J (., /1 /_ _ooc_ (I-Ia.) Month Year 1-2ito f-cl I, OWNERSHIP OR INTERESTS IN OTHER LANDS WiTHIN TillS COMMI3MTY (Show information on plan or sketch) If you have interests in other lands within this community complete the following: Title Number(s): - Application by a Land Owner

9 PROPOSAL (Please describe and show on plan or sketch) o It 4 I ii1is. p ft s. CURRENT USE OF LAND (Show information on plan or sketch) List ll existing uses on the parcel(s) and describe all buildings ( lot Luci2) &fta2.t b4fr) L4-a USES ON ADJACENT LOTS (Show information on plan or sketch) North East South sict:1 - K S I to v 1 S t C) e 0J, West Le ISijT 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, I/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. AL4,- /oiy Date Signature of n or Age Print Name Date Signatuk ofowner or Agent Print Name Date Signature ofowner or Agent Print Name Please ensure the following documents are enclosed with your application: Application fee payable to the Local Government Certificate of Title or Title Search Print Agent authorization (if using agent) Map or sketch showing proposal & adjacent uses Proof of Notice of Application *(See instructions) Photographs (optional) Application by a Land Owner

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12 Notice of Exclusion Application Regarding Land in the Agricultural Land Reserve I, Loiselle Investments Ltd. of Box 2036, Dawson Creek, BC V1G 4K8, intend on making an application pursuant to Section 30(1) of the Agricultural Land Commission Act to exclude from the Agricultural Land Reserve the following property which are legally described as: PID , Lot A, Plan PG P30686 Section 33, Township 77, Range 15 West of the 6th Meridian, Pease River District Any person wishing to express an interest in the application may do so by forwarding their comments in writing to Peace River Regional District, PC Box 810, Dawson Creek, BC V1G 4H8 by September 20, 2014

13 ianetw. Beavers P0 Box 21037, Dawson Mall P0 Dawson Creek, BC V1G 4X8 Phone: September 2014 Peace River Regional P0 Box 810 Dawson Creek BC V1G 4H8 Re: The letter of 8 August 2014 from Loiselle Development Ltd. and the application to remove land from the Agricultural Reserve PID Lot A Plan PGP30686 Section 33, Township 77, Range 15 West of the 6th Meridian, Peace River District. Dear Cody, Thank you for meeting with me the other day to explain some of the workings of this process. Here are some of my ideas about this application. My property is directly across the road from this field at 1964 Rd. 206 and my husband and I will be directly affected by your decision. I believe the property should remain in the ALR for the following reasons: This is prime agricultural land even though it has been neglected and allowed to run to grass. We live in a farming neighbourhood with other farmers producing wheat, canola, peas, barley and hay. Other residents have horses and cattle and I have a small sheep farm from which I produce yams for weaving and knitting. I believe the above listed property could also be useful agriculturally. The owner wishes to divide this land into approximately acre lots for housing. This would effectively be a housing development in a mainly agricultural neighbourhood that would see a tremendous increase in the traffic, noise, and light pollution in a quiet rural area. The subject land Is very sloped from the skill hill down to the properties on our side of 206 Rd. Every year the melting from the skill hill down to our road produces damaging flooding. The pathways of the water can be seen on maps and from an elevated position. I believe that earth works on the resulting lots and the removal of ground cover would make this problem much worse. I would also be very concerned about the possible 27 sewage lagoons under such conditions. If this development plan goes ahead, my husband and I are quite likely to put our property on the market and move away. We are living here for the quiet rural atmosphere, the small-scale farming and the proximity to town. Please protect this land and our neighbourhood from this development. Thank you, Janet d Ron Beavers 1964 Rd. 206 E

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15 Loiselle Investments Ltd. P0 Box 2036, Dawson Creek, BC Vi G 4K8 Telephone: Facsimile: October 28, 2014 JanetW. Beavers P0 Box Dawson Creek, BC V1G 4X8 RE: Application to Exclude from ALR Section 33, Lot A, Township 77, Range 15, W6M As to address your concerns and respond to your letter of September 19, The proposed subdivision will have restrictive covenants over the total subdivision. Some of the covenants will be; maximum size or square footage of homes; limit of time line on building homes to completion; landscaping requirements; no commercial business. We are expecting new homes from values of $800,000 to $1.5Million. As you are aware, we already have this price range of homes on the southern portion of the same land. We would not expect an increase in noise as such. We also are inserting a topographical map of the Bear Mountain Ski Area showing there run off going west which follows the creek which goes west of your property. Any run off of said subdivision would be mitigated in road design and construction. The sewer lagoon issue would be taken care of in the design of the properties and will be regulated by the stipulations and requirements set out by the Northern Health department. We except with the design and build of said property, it would enhance area environment. Plus add value to all homes that are presently in the area. We feel that anyone that builds in the proposed subdivision wants the same enjoyable environment that you have. We hope this answers yours questions and concerns. Best regards, 14 Ga,WCoisel le,z president

16 Loiselle Investments Ltd. PC Box 2036, Dawson Creek, BC Vi G 4KB Telephone: Facsimile: October 28, 2014 Shannon Smith # Street Dawson Creek, BC V1G 4K6 RE: Application to Exclude from ALR Section 33, Lot A, Township 77, Range 15, W6M As to address your concerns and respond to your letter of September 19, The proposed subdivision will have restrictive covenants over the total subdivision. Some of the covenants will be; maximum size or square footage of homes; limit of time line on building homes to completion; landscaping requirements; no commercial business. We are expecting new homes from values of $800,000 to $1.5Million. As you are aware, we already have this price range of homes on the southern portion of the same land. We would not expect an increase in noise as such. We also are inserting a topographical map of the Bear Mountain Ski Area showing there run off going west which follows the creek which goes west of your property. Any run off of said subdivision would be mitigated in road design and construction. The sewer lagoon issue would be taken care of in the design of the properties and will be regulated by the stipulations and requirements set out by the Northern Health department. We except with the design and build of said property, it would enhance area environment. Plus add value to all homes that are presently in the area. We feel that anyone that builds in the proposed subdivision wants the same enjoyable environment that you have. We hope this answers yours questions and concerns. Best regards, president

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