REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LAND RESERVE FILE NO. 072/2014

Transcription

1 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LAND RESERVE FILE NO. 072/2014 ALL MEMBERS PARTICIPATE OWNER: Pollyanne Moorman DATE: May 26 th, 2014 AREA: Electoral Area D LEGAL: Block A of the Northeast ¼, of Section 7, Township 78, Range 16, W6M, PRD LOT SIZE: 48 ha (119 acres ) LOCATION: Devereaux PROPOSAL To subdivide an 8 ha (20 ac) lot from the remainder parcel for residential use for son. RECOMMENDATION: OPTION 2 THAT the Regional Board refuse authorization for the application to proceed to the Agricultural Land Commission as the proposal is not consistent with the Official Community Plan. OPTIONS OPTION 1: THAT the Regional Board support and authorize the application to proceed to the Agricultural Land Commission. OPTION 2: THAT the Regional Board refuse authorization for the application to proceed to the Agricultural Land Commission as the proposal is not consistent with the Official Community Plan. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): ZONING: AGRICULTURAL LAND RESERVE (ALR): BUILDING INSPECTION AREA: SITE CONTEXT Agriculture, South Peace Fringe Area Official Community Plan Bylaw No. 2048, 2012 A-2 (Large Agricultural Holdings Zone) Peace River Regional District Zoning Bylaw No. 1343, 2001 Within Within the voluntary building permit area The subject property is located west of The City of Dawson Creek within the Devereaux area. The general area consists of large agricultural use to smaller rural residential use along the Old Hart Highway (208 Rd). Industry consists of mostly agricultural from hay & grain crops to cattle operations with some oil and gas operations scattered throughout. The Bear Mountain Community Pasture is south of the subject property. SITE FEATURES LAND: Based on aerial photograph interpretation, the property is mainly forested with approximate an eighth in agricultural production. Two homesteads resides on the property on either ends of the subject property, accessible by 208 & 235 RD. STRUCTURES: Two residences, small horse tack barn, three small sheds, power shed. ACCESS: The subject property is accessed from 208 RD & 235 RD. SOIL: Class 5c. Class 5 soils have severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Subclass c denotes adverse climate. Page 1 of 6 Printed on: 04-Jun-14 1:12:51 PM Department Head CAO Report prepared by: Kole Casey, South Peace Land use Planner

2 FIRE: Arres Fire Protection Zone PREVIOUS APPLICATIONS SUBJECT PROPERTY File No. 072/2014 APPLICANT: Pollyanne Moorman LEGAL: Block A of Northeast ¼ Section 7, Township 78, Range 16, W6M, PRD PROPOSAL: To subdivide out an 8 ha (20ac) portion of the property for rural residential use. DECISION: ALC refused the application, Resolution #18/2012 PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M APPLICANT: Mr. N.S Steward, Ms. J.A. Stewart LEGAL: South ½ of Section 8, Township 78, Range 16, W6M, Exc. Parcel A (D.D 86103M) PROPOSAL: Subdivide into two parcels according to the ¼ section basis. DECISION: ALC allowed the application, Resolution #7873/78 APPLICANT: Province of B.C for Arres Fire Brigade Inc. LEGAL: Part of the Northeast ¼, Section 7, Township 78, Range 16, W6M, PRD PROPOSAL: Lease of approx ha (4.921 acre) parcel of Crown Land for the purpose of maintaining the Arras Fire Hall site in the name of the Arras Fire Brigade DECISION: ALC allowed the application, Resolution #635/87 APPLICANT: Boy Scouts (Scout Properties/B.C Yukon Ltd.) LEGAL: Part of the Northeast ¼, Section 7, Township 78, Range 16, W6M, PRD PROPOSAL: Establish a Boy scout Camp facility on a 1.82 ha portion of the Crownland. DECISION: ALC approved the application, Resolution #636/87 APPLICANT: Kenneth & Valerie Bassett LEGAL: SE ¼ of Section 18, Township 78, Range 16, W6M, PRD, Exc. Plan H572 PROPOSAL: Subdivide into two equal sized lots, West lot to be given to Son DECISION: ALC refused the application, Resolution #103/2005 APPLICANT: Bear Mountain Wind Power Corporation c/o Altagas Income Trust LEGAL: Lot 1, Section 8, Township 78, Range 16, W6M, PRD, Plan PGP35817 PROPOSAL: Transmission Line approval DECISION: ALC allowed the application, Resolution #611/2008 APPLICANT: Kenneth & Valerie Bassett LEGAL: SE ¼ of Section 18, Township 78, Range 16, W6M, PRD, Exc. Plan H572 PROPOSAL: Subdivide an 8 ha (20 ac) lot from the southeast corner of the quarter section for rural residential use by the landowners. DECISION: ALC refused the application, Resolution #778/2008 APPLICANT: Michael & Sharon Hustak LEGAL: NW ¼ of Section 7, Twp 78, Rge 16, W6M, PRD, Except Parcel A(G477) and Plan PROPOSAL: To subdivide a 28 ha lot from the 56 ha property for the applicant son DECISION: ALC refused the application, yet allowed a subdivision of a 3 ha lot containing the existing residence from the property under the Homesite Severance Policy Resolution #386/2013 Page 2 of 6

3 File No. 072/2014 COMMENTS AND OBSERVATIONS Applicant: The Landowner wants to create a separate parcel around the homesite along 208 Road to give to her son. The Son states in the letter as attached to this report, that the Subdivision would assist him on his personal investments, assist him in financial stability and will allow the Son to continue to run his oilfield service business. This letter states that the Son is fulfilling his mother s wish to buy the farm when the time comes for the mothers to retire and move into town. ALR: OCP: ZONING: IMPACT ANALYSIS 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 Agriculture within the South Peace Fringe Area OCP Bylaw No. 2048, This designation has minimum parcel size of 63ha (155 acres). Section 5.1.2(c(v)) states the minimum parcels size does not apply if: the subdivision is being made for the purpose of providing residence to the landowner, or a relative of the landowner, the subdivision is limited to not more than one lot per parent parcel, such a subdivision may be approved on a one time only basis per parent parcel, subdivision or land use proposals will be examined and considered in areas designated Agriculture, subject to the factors as set out in this document. As this parent parcel has been previously been subdivided, section 5.1.2(c (v)) cannot be applied. Also stating section ((c) iii.4), this proposed subdivision could also negativity impact agricultural operations or cause potential conflict with adjoining parcels. therefore an amendment to the OCP is required. The subject property is designated as A-2 (Large Agricultural Holdings Zone) within the PRRD Zoning Bylaw No. 1343, This zone has a minimum parcel size of 63 ha (155 ac), however should the proposal meet the requirements of subdivision under Section 946 of the Local Government Act, a zoning amendment would not be necessary. AGRICULTURE: The proposal would have an impact on the agricultural use of the land as the subdivision is larger in size and could separate the currently cleared land from the larger parcel. CONTEXT: This area consists of large agricultural quarter sections, however observations of the general area does show similar rural residential that is approved by the OCP. The proposed subdivision is set along a previous subdivision that is currently zoned P-1 (Parks and Opened Space Zone). POPULATION & TRAFFIC: The proposed subdivision will not increase the population of the area for the fact that the proposed subdivision is currently resided by the Son. Page 3 of 6

4 File No. 072/2014 ALR SUBDIVISION REPORT MAPS FILE NO. 072/2014 South Peace Fringe Area Official Community Plan Bylaw No.2048, 2012 (Map 4) N Proposed Subdivision Subject Property Peace River Regional District Zoning Bylaw No. 1343, 2001(Map 7) N Proposed Subdivision Subject Property Page 4 of 6

5 File No. 072/2014 Agricultural Land Reserve (093P.078) N ALR SUBDIVISION REPORT MAPS FILE NO. 072/2014 CLI-Soil Classification (093P/16) N 5c Page 5 of 6

6 File No. 072/2014 ALR SUBDIVISION REPORT MAPS FILE NO. 072/2014 Air Photo N Page 6 of 6

7 /,Z APPLICATION BY LAND OWNER NOTE: The injbrmation required by this form and the documents you provide with it are collected to proce6licaiion under the Agricultural Land Commission Act and regulation. This information will be availablefor re py dny member fti. public. Ifyou have any questions about the collection or use of this information, contact the Agricul1yand CothThisio 1i and ask for the staffmember who will be handling your application. f4 bq WSON TYPE OF APPLICATION (Check appropriate box) I0 IcC El EXCLUSION SUBDIVISION in the ALR?efe under Sec. 30(1) of the Agricultural Land Commission Act under Sec. 21(2) of the AgricuItu1 A 2Oi INCLUSION 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 APPLICANT Registered Owner: Agent: Address: 2/, L< Ck A7 Address: Tel. (home)? o - Fax /)y/y/ Postal Code u/_y/(9 (work) Tel. Fax Postal Code LOCAL GOVERNMENT JURISDICTION (Indicate name ofregional District or Municipality) A10,0/ LAND UNDER APPLICATION (Show land on plan or sketch) Title Number 13/oc/c 4 C1,A) 7 7( /t - :_.:. c. Size of Each Parcel (Ha.) ay,.. Date of Purchase Month Year OWNERSHIP OR INTERESTS IN OTHER LANDS WITHIN THIS COMMUNITY (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 2003

8 PROPOSAL (Please describe and show on plan or sketch) 2o 4c,L,5. 5)r)C /J(5 Y9 a) J My c 7J7L- A., /): --;( J4 /j i9,í,j 6. / 7, O 5 J/. V?5 -., CURRENT USE OF LAND (Show information on plan or sketch) List all existing uses on the parcel(s) and describe all buildings $,// A ii L5j,), J *? 11 /// LJ USES ON ADJACENT LOTS (Show information on plan or sketch) North,,._ East /J South f I )s / 4. A West /.cin / ;M5 am 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 çkuments provided. /7 Da/7 Signpfre of Owner or Aget Name L ) { q Dtmte.L t/?,;1c Signatzj/e of Owner or Agent P7? Print Name i2 y)?l) Date Signature of Owner 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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11 My name is Timothy Gileo, and I am writing you in regards to the application for the subdivision of the family farm, Block A, section 7, township 78, Rangeê Reconsidering this subdivision will allow me Attention: Directors of the Agriculture Land Reserve. April, Page 1 Pollyanne Moorman. I am Pollyanne Moorman and I approve the above letter and would appreciate due consideration. L 1uiothrGileo. Thank You for approving this attached application. C A personal history to the land in question, earned in sweat and blood B. Can relate to the oral history of the surrounding people and to thier stories. A. A direct connection to the founding farmer and farm family. This will leave stewardship of the land in the hands of those that have a connection to it my my mother wishes to retire and move to town. c. Fulfihles my mothers wish that I buy the farm inorder me to buy the whole farm. e. Put s an end to uncertainty,for my future and as well as my mothe?s. f. It the right thing to do, as the changes to the ALR now recognize this need. keep it in the family. d.allows for a location to continue to run my oilfield service business which will remain on the property as well as resolving other pending situations: a. will allow me to recapitalize on personal investment. b. Provide me with the finantial strength to buy out the remainder of the farm, when allow to to ALR Letter