REPORT ON EXCLUSION FROM THE AGRICULTURAL LAND RESERVE (ALR) FILE NO. 191/2015

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1 Peace River Regional District DEVELOPMENT SERVICES REPORT ON EXCLUSION FROM THE AGRICULTURAL LAND RESERVE (ALR) FILE NO. 191/2015 OWNER: Marguerite Gladysz DATE: September 1, 2015 AREA: Electoral Area C LEGAL: SE 1/4 of Section 11 Township 84 Range 20 W6M PRD Except Parcel A (F2774) LOT SIZE: 62.7 ha (154.9 acres) LOCATION: Old Hope Rd, west of Charlie Lake PROPOSAL To exclude the subject property from the ALR with the intent of subdividing an 8 ha homesite and six 4 ha parcels for sale. RECOMMENDATION: OPTION 1 THAT the Regional Board support ALR exclusion application 191/2015 (Gladysz), and authorize the application to proceed to the Agricultural Land Commission on the basis that the proposal is consistent with the OCP. OPTIONS OPTION 1: THAT the Regional Board support ALR exclusion application 191/2015 (Gladysz), and authorize the application to proceed to the Agricultural Land Commission on the basis that the proposal is consistent with the OCP. OPTION 2: THAT the Regional Board refuse authorization for the exclusion application 191/2015 (Gladysz) to proceed to the Agricultural Land Commission as it is inconsistent with zoning. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): ZONING: AGRICULTURAL LAND RESERVE (ALR): BUILDING INSPECTION AREA: SITE CONTEXT LDR (Low Density Residential) pursuant to PRRD NPFA OCP Bylaw No. 1870, 2009 A-2 (Large Agricultural Holdings Zone), PRRD Zoning Bylaw No. 1343, 2001 Within Required The subject property is located west of the Charlie Lake, along Old Hope Rd. The subject property is surrounded by ALR land to the east, south, west, and partially to the north. There is residential land zoned R-4 (Residential 4 Zone) to the east and R-5 (Residential 5 Zone) to the north, northeast, and east. There is agricultural land to the west and south. SITE FEATURES LAND: From aerial photos, the subject property is mostly cleared. It is treed along the northern and western portions of the parcel. The cleared portion is actively farmed. There is a gentle south-westerly slope to the subject property. STRUCTURES: According to the applicant a homesite exists on the northern portion of the subject CLI SOIL RATING: property. The subject property has two soil ratings. The eastern portion of the subject property is rated 5 6 T4 4 X, while the remainder is rated 5 C. Page 1 of 6 Printed on: 08-Sep-15 10:56:24 AM Department Head CAO Report prepared by: Bailey Chabot, Land Use Planner

2 FIRE: ACCESS: Page 2 of 6 File No. 191/2015 Class 4 soils have severe limitations that restrict the range of crops, require special conservation practices, or both. Class 5 soils have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Subclass c denotes a significant adverse climate for crop production as compared to the median. Subclass t denotes limitations placed on the parcel by topography. Subclass x denotes soils having a moderate limitation caused by the cumulative effect of two or more adverse characteristics which singly are not serious enough to affect the class rating. Charlie Lake Fire Protection Old Hope Rd to the east PREVIOUS APPLICATIONS SUBJECT PROPERTY - NONE PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M APPLICANT: LEGAL: PROPOSAL: DECISION: Richard and Lisa Quigley NE ¼ Section 2, Township 84, Range 20 W6M PRD To subdivide 7 ~4 ha, (~10 acre) lots from the property leaving a remainder of ~35 ha (~86 acres). The Regional Board refused the application, therefore it was not forwarded to the ALC. APPLICANT: Dan and Margo Preston LEGAL: SW ¼ Section 12, Township 84, Range 20, W6M, PRD, except Plan PROPOSAL: To subdivide 2 lots of ~16.18 ha, (~40 acre) and one lot of 4.01 ha from the property. DECISION: The ALC refused the application as presented but allowed the subdivision of the 4.01 ha lot along the Old Hope Road. COMMENTS AND OBSERVATIONS APPLICANT: The applicant is proposing to exclude the subject property in order to facilitate a rezoning and subsequent subdivision of the land. The intent is to subdivide an 8 ha homesite at the north of the subject property and to subdivide six 4 ha parcels along the eastern border of the property, all accessed from Old Hope Rd. The remainder of the parcel will continue to be cultivated until such a time that the owner develops the land as residential. ALR: OCP: ZONING: NOTIFICATION 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. 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 LDR (Low Density Residential) pursuant to PRRD NPFA OCP Bylaw No. 1870, Policy ii of section 15.9 of the OCP requires that future subdivision proposals be excluded from the ALR, rather than accepting applications for subdivision within the ALR, for those lands that are designated for non-farm use in this OCP. As the subject property is designated as LDR, this application is consistent with the OCP. The subject property is zoned A-2 (Large Agricultural Holdings Zone), within PRRD Zoning Bylaw No. 1343, 2001, where the minimum parcel size is 63 ha (155 acres). Therefore, the application will require a re-zoning subject to ALC exclusion approval.

3 File No. 191/2015 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 approximately 24 ha from agricultural production, with the entire quarter removed for agricultural production in the future. CONTEXT: POPULATION AND TRAFFIC : This proposal is consistent with the area. Adjacent to the subject property an entire quarter section has been subdivided into 4 ha parcels. Additionally, all along Old Hope Rd are smaller rural residential lots, varying in size from 10 ha to less than 2 ha. The proposal has the potential to increase population by 15 residences housing approximately 42 residents, and approximately 30 personal vehicles. WATER AND SEWAGE: Water will be hauled or wells will be dug. All proposed parcels are large enough for a lagoon sewage system. Page 3 of 6

4 File No. 191/2015 ALR EXCLUSION REPORT GLADYSZ MAPS FILE NO. 191/2015 PRRD NPFA OCP Bylaw No. 1870, 2009 (Map 3) Subject Property PRRD Zoning Bylaw 1343, 2001 (Map 5) Subject Property Page 4 of 6

5 File No. 191/2015 ALR EXCLUSION REPORT GLADYSZ MAPS FILE NO. 191/2015 Agricultural Land Reserve CLI-Soil Classification Page 5 of 6

6 File No. 191/2015 ALR EXCLUSION REPORT GLADYSZ MAPS FILE NO. 191/2015 Air Photos Page 6 of 6

7 Provincial Agricultural Land Commission - Applicant Submission Application ID: Application Status: Under LG Review Applicant: Marguerite Gladysz Local Government: Peace River Regional District Local Government Date of Receipt: 08/29/2015 ALC Date of Receipt: This application has not been submitted to ALC yet. Proposal Type: Exclusion Proposal: I am proposing to exclude my 155 acre parcel of land from the Agricultural Land Reserve for the purpose of creating low density residential development for a portion of the land. The land is already designated for this type of development in the current Official Community plan affecting this area. The initial plan is to establish my existing home on a separate 20 acre parcel with a partial driveway re-route, and also include the potential of other 10 acre low density residential parcels along the Old Hope Road, as shown in the attached sketch. The current cultivated area within the subject quarter section, but outside of the proposed home parcel and 10 acre lots will continue to be actively seeded and harvested. The proposed lots in addition to the home parcel are situated along a hillside, and also along the existing high grade MOTI maintained road (Old Hope Road), so there are no new roads required for the development of the additional 10 acre lots. Mailing Address: Old Hope Road, PO Box 394 Charlie Lake, BC V0C 1H0 Canada Primary Phone: (250) Mobile Phone: (250) doriglad@gmail.com Parcel Information Parcel(s) Under Application 1. Parcel Identifier: Legal Description: THE SOUTH EAST 1/4 OF SECTION 11 TOWNSHIP 84 RANGE 20 WEST OF THE 6TH MERIDIAN PEACE RIVER DISTRICT EXCEPT PARCEL A (F2774) Parcel Area: 62.7 ha Date of Purchase: 05/01/1966 Farm Classification: Yes Owners 1. Name: Marguerite Gladysz Address: Old Hope Road, PO Box 394 Charlie Lake, BC V0C 1H0 Canada Phone: (250) Applicant: Marguerite Gladysz

8 Cell: (250) Ownership or Interest in Other Lands Within This Community Parcel Identifier: Owner with Parcel Interest: Marguerite Gladysz Parcel Area: 2 ha Interest Type: Full Ownership Parcel Identifier: Owner with Parcel Interest: Marguerite Gladysz Parcel Area: 64.7 ha Interest Type: Full Ownership Parcel Identifier: Owner with Parcel Interest: Marguerite Gladysz Parcel Area: 64.7 ha Interest Type: Full Ownership Parcel Identifier: Owner with Parcel Interest: Marguerite Gladysz Parcel Area: 8.1 ha Interest Type: Full Ownership Parcel Identifier: Owner with Parcel Interest: Marguerite Gladysz Parcel Area: 62.7 ha 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). The parcel under application is a full quarter with a 5 acre parcel already subdivided 30 years ago. The remainder of the quarter section is rented to my brother-in-law and his son, and currently has 105 acres in cultivation with a wheat and canola rotating crop. 2. Quantify and describe in detail all agricultural improvements made to the parcel(s). The parcel has not been improved in the last 30 years other than small field-to-field access upgrades and continuous cultivation of the 105 acres since the late 1970s when an additional 50 acres was cleared and ploughed for cultivation preparation in the late 1970s by the current owner. Applicant: Marguerite Gladysz

9 3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s). The parcel currently has the family home located on it with a large farm shop and 250 meter long driveway. There is additional low grade road through the quarter section to access the adjacent quarters also owned by the applicant. Terra Energy has a Statutory Right of Way along the south end for access to a gas well located on the adjacent quarter section owned by the applicant. Adjacent Land Uses North Land Use Type: Residential Specify Activity: Multiple 10+ acre parcels with established homes East Land Use Type: Residential Specify Activity: Multiple 10 acre parcels with homes along the entire property length South Specify Activity: Quarter section of forested area and some small cultivated areas with one single family home West Specify Activity: Quarter section of forested and cultivated land with rotating wheat and canola crops Proposal 1. How many hectares are you proposing to exclude? 62.7 ha 2. What is the purpose of the proposal? I am proposing to exclude my 155 acre parcel of land from the Agricultural Land Reserve for the purpose of creating low density residential development for a portion of the land. The land is already designated for this type of development in the current Official Community plan affecting this area. The initial plan is to establish my existing home on a separate 20 acre parcel with a partial driveway re-route, and also include the potential of other 10 acre low density residential parcels along the Old Hope Road, as shown in the attached sketch. The current cultivated area within the subject quarter section, but outside of the proposed home parcel and 10 acre lots will continue to be actively seeded and harvested. The proposed lots in addition to the home parcel are situated along a hillside, and also along the existing high grade MOTI maintained road (Old Hope Road), so there are no new roads required for the development of the additional 10 acre lots. 3. Explain why you believe that the parcel(s) should be excluded from the ALR. I am close to 80 years old now, and would like to sell my farm home without selling all of the land at the same time. I would like my brother-in-law to continue farming the majority of the land, while selling some of the land as separate parcels for personal and family financial support. This quarter section is located along an existing high grade road, designated for 10 acre lot expansion as part of the approved Official Community Plan, and with residential development already developed on the north and east of the land. Applicant: Marguerite Gladysz

10 Applicant Attachments Proof of Advertising Other correspondence or file information - Summary of Ownership History Other correspondence or file information - Notice of Exclusion Application Proof of Signage Other correspondence or file information - Signage Proof by Road Side Proposal Sketch Proof of Serving Notice Other correspondence or file information Rural Property Tax Notice for "Farm" status Certificate of Title ALC Attachments None. Decisions None. Applicant: Marguerite Gladysz

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