PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LANDRESERVE FILE NO. 212/2017 (Simpson) OWNER: David A. Simpson DATE: October 19, 2017 AREA: Electoral Area B LEGAL: DL 1359 Peace River, PID: 014-895-056 LOT SIZE: LOCATION: OPTIONS 227.2 ha (561.42 acres) On Upper Halfway Road south of Simpson Ranch. PROPOSAL To subdivide a 227.2 ha (561.42 acre) lot into 3 smaller lots, each approximately 69 ha in size. The proposed subdivision would split the existing lot horizontally into three parts. RECOMMENDATION: OPTION 1 [All Directors - Corporate Unweighted] THAT the Regional Board support ALR subdivision application 212/2017 (Simpson), and authorize that the application proceed to the Agricultural Land Commission. REASONS The proposed subdivision is consistent with the OCP and conforms with the Zoning Bylaw. The proposed subdivision is not expected to negatively impact future agricultural use on the subject property. OPTION 1: THAT the Regional Board support ALR subdivision application 212/2017 (Simpson), and authorize the application to proceed to the Agricultural Land Commission. OPTION 2: THAT the Regional Board refuse authorization for the subdivision application 212/2017 (Simpson), to proceed to the Agricultural Land Commission. LAND USE POLICIES AND REGULATIONS OFFICIALCOMMUNITYPLAN (OCP): Agriculture-Rural pursuant to the Rural Official Community Plan Bylaw No. 1940, 2011. ZONING: A-2 (Large Agricultural Holdings Zone) pursuant to Peace River Regional District Zoning Bylaw No. 1000, 1996. AGRICULTURAL LAND RESERVE (ALR): Within the ALR, with some small slivers along Halfway River that are outside the ALR. BUILDING PERMIT AREA: DEVELOPMENT PERMITAREA: SCHOOL DISTRICT #60 ACQUISITION CHARGE BYLAW AREA: Voluntary. None. Within. Page 1 of 9 Printed on: 19-Oct-17 Department Head CAO Report prepared by: Christina Hovey, RPP, MCIP, North Peace Land Use Planner
SITE CONTEXT PRRD File No. 212/2017 ALR File No. 56867 The subject property is located west of Highway 97 on Upper Halfway Road at the intersection of Simpson Pit Road. It is approximately 6.5km southeast of Simpson Ranch and 8.8km northwest of Wagner Ranch. Both Upper Halfway Road and Simpson Pit Road cross through the subject property and the Halfway River is the eastern boundary of the site. The subject property is surrounded by agricultural uses and treed, unsurveyed Crown land: North: Agricultural (mainly pasture & hay according to the applicant). East: Halfway River, with treed unsurveyed Crown land on the east side of the river. South: Treed unsurveyed Crown land. West: Treed unsurveyed Crown land. There are agricultural uses on private lands further along Upper Halfway Road in both directions. SITE FEATURES LAND: According to the applicant, a portion of the land is used as pasture for cattle stock. From the aerial photography, the remaining land appears to be treed with some cleared areas containing petroleum activities. There are petroleum rights of way and two leases on the property. The rights of way are mainly on the east side of Upper Halfway Road, with a small portion of the right of way west of Upper Halfway Road at the very southern portion of the property. One lease is located close to the northern boundary of the subject property and the second lease is located close to the southern boundary of the subject property. The right of way and lease rights are held by Canadian Natural Resources Limited. There are two watercourses running through the subject property, one runs approximately parallel to Upper Halfway Road and the second cuts through the northwest corner of the subject property. STRUCTURES: Two small shacks, one on each of the two lease areas. The shacks are approximately 8 by 8 ft. ACCESS: SOIL: FIRE: The property has frontage on Upper Halfway Road and Simpson Pit Road. There is an access road from Upper Halfway Road to the lease closer to the southern boundary of the subject property. The southwest part of the subject property has Class 4 7 M5 3 PM and Class 6 8 I5 2 c Soil in the north and east part of the subject property, closer to the Halfway River. Class 4 soils have severe limitations that restrict the range of crops or require special conservation practices. Subclass M indicates that there are moisture limitations to the soil. Class 6 soils are capable only of producing perennial forage crops, and improvement practices are not feasible. Subclass I indicates that the soil may be subject to inundation by streams or lakes. Not within a Fire Protection Area. Page 2 of 9
PREVIOUS APPLICATIONS SUBJECT PROPERTY APPLICANT: LEGAL: PROPOSAL: DECISION: PRRD File No. 212/2017 ALR File No. 56867 Peace River Regional District DL 1359 Peace River & DL 2374 Peace River Application for Inclusion of Land in the Agricultural Land Reserve Pursuant to Section 10 95) of the Agricultural Land Commission Act. The ALC approved the application for inclusion ALC File #11-W-84-17640 to #11-W- 84-17655 by resolution #1530/84. APPLICANT: LEGAL: PROPOSAL: DECISION: APPLICANT: LEGAL: PROPOSAL: DECISION: Tarragon Oil & Gas Ltd. Unsurveyed Right of Way over that part of District Lot 1357 and unsurveyed Crown land, Peace River District (from the west boundary of District Lot 1357 to c- 53-D, 94-B-9 to the south boundary of Block D of District Lot 1491 and from the west boundary of Block A of District Lot 1494 to d-43-h, 94-B-10 and from the south boundary of District Lot 1359 to tie-in point within Unit 50, Block C, 94-B-9), containing 34.184 hectares more or less. Width: 20 metres BCGS: 94B.058, 94B.059 & 94B.068 Temporary Use Permit for a period of six months, for the purpose of constructing a pipeline and temporary work spaces. Temporary Use Permit issued Feb 22, 1995, by the Ministry of Environment, Lands and Parks. Union Pacific Resources Unsurveyed Right of Way over unsurveyed Crown land, Peace River District (from c-53-d, 94-B-9 to District Lot 1359), containing 4.363 hectares more or less, in the name of Union Pacific Resources Inc. Temporary Use Permit for a period of one year for the purpose of constructing a permanent access road and borrow pit. Temporary Use Permit issued June 30, 1995, by the Ministry of Environment, Lands and Parks. PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M Applicant: Marathon International Petroleum Canada Ltd. Legal: District Lot 1357 Proposal: Pipeline right-of-way Decision: Approved by General Order 293/95 COMMENTS AND OBSERVATIONS APPLICANT: Page 3 of 9 The purpose of this proposal is to subdivide the land into smaller portions so that they can be sold. Currently the owner has found the property hard to sell due to the large size of the land. If the owner is still unable to sell the smaller portions he plans to give the land to his grandchildren. The new lot sizes would still be sufficient for use in an agricultural manner, and would be more economical for purchase for people wishing to enter the agriculture industry.
ALR: The subject property lies within the Agricultural Land Reserve. Therefore, Agricultural Land Commission approval is required. PRRD File No. 212/2017 ALR File No. 56867 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 designation. 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. OCP: Peace River Regional District Rural Official Community Plan Bylaw No. 1940, 2011: Designation: Agriculture Rural (Section 7.0) Within this designation the minimum parcel size is 63 ha (155 acres) with some specific exceptions. The proposed subdivision meets the minimum parcel size. Policy 4: Subdivision or land use proposals will be examined and considered in areas designated Agriculture Rural, subject to factors as set out in Section 20.4. Under Section 20.4, when reviewing an application for a subdivision, the Regional District may consider factors including but not limited to: a) physical characteristics of the subject property, including topography and vegetation; b) the agricultural capability of the land, including the Canada Land Inventory soil rating and history of production; c) the subject property s access to infrastructure and utilities; d) the projected impact on the transportation network; e) impacts n development on neighbouring properties, which may include direct and indirect impacts; f) the extent to which the proposal would create or contribute to encroaching land uses that may interfere with agriculture and/or other nearby established land uses; g) public opinion as received through any applicable public consultation process; h) other issues that may be relevant to the subject property or specific proposal. The proposed subdivision is consistent with the intent of the OCP based on a consideration of the factors identified in Section 20.4. For analysis of these factors please see Impact Analysis below. Based on this assessment, this proposal is consistent within the OCP. ZONING: Peace River Regional District Zoning Bylaw No. 1000, 1996 Designation: A-2 (Large Agricultural Holdings Zone) (Section 36) Page 4 of 9
IMPACT ANALYSIS Within the A-2 zone, the minimum parcel size is 63 ha (155 acres). PRRD File No. 212/2017 ALR File No. 56867 The proposed subdivision meets the minimum parcel size. Based on this assessment, this proposal conforms with the Zoning Bylaw. AGRICULTURE: This proposed subdivision should not influence the long term agricultural use or potential of the land since the proposed new lots are large enough to accommodate agricultural uses. The subdivision would allow for the development of additional residential uses which would be a conversion from the existing uses. CONTEXT: POPULATION & TRAFFIC: The proposed subdivision is not expected to negatively impact the surrounding uses or create a land use conflict. Any new residential uses could be located so as not to conflict with the existing petroleum activities. The quarry at the end of Simpson Pit Road is more than 1.5km from the boundary of the subject property. According to the CLI classification, a portion of the subject property along the Halfway River may be subject to inundation by water (i.e. flooding). Per the OCP (Section 17) areas subject to natural hazards may not be safe for development. However, the proposed subdivision would provide all three lots with land that is outside of the inundation area where it may be safer to develop. The proposed subdivision would create two additional lots. Each lot would have frontage on Upper Halfway Road and the two northern lots would also have frontage on Simpson Pit Road. Upper Halfway Road is classified by the MoTI as a Minor Road. If the proposed subdivision is approved, the maximum number of dwellings that would be permitted without an ALR Non-Farm Use application is would be one residence and one temporary additional dwelling on each lot. Meaning the potential for four new dwellings. The proposed subdivision could see an increase the population of the area by an average of 13.6 people and 8 vehicles in Electoral Area B. This density is calculated by a population average of 3.4 people (based on Stats Can 2016 census estimate) per dwelling in Electoral Area B and about 2 vehicles per dwelling. If the proposed subdivisions are approved, the maximum number of dwellings that would be permitted without an ALR Non-Farm Use application is would be one residence and one temporary additional dwelling on each lot. This volume of traffic is not anticipated to have a negative impact on the transportation network in the area. There is an elementary school and a community hall located in Halfway Ranch, approximately, 28km by road from the subject property. The nearest waste transfer station is located at Mile 26 of Upper Halfway Road, approximately 40km by road from the subject property. The proposed subdivision would not have access to public water or sewage services. Page 5 of 9
ALR SUBDIVISION REPORT MAPS FILE NO. 212/2017 (Simpson) General location Subject Property Page 6 of 9
ALR SUBDIVISION REPORT MAPS FILE NO. 212/2017 (Simpson) Photo imagery Subject Property* *Approximate Photo imagery and proposed subdivision Subject Property* Proposed Subdivision* *Approximate Page 7 of 9
ALR SUBDIVISION REPORT MAPS FILE NO. 212/2017 (Simpson) Rural Official Community Plan Bylaw No. 1940, 2011 (Schedule B, Map 14) Subject Property* *Approximate PRRD Zoning Bylaw No. 1000, 1996 (Index Map: all areas not identified on Schedule A shall be considered to have zoning designation of A2) Subject Property* *Approximate Page 8 of 9
ALR SUBDIVISION REPORT MAPS FILE NO. 212/2017 (Simpson) Agricultural Land Reserve Map Subject Property* *Approximate CLI Soil Classification Subject Property* *Approximate Page 9 of 9
Provincial Agricultural Land Commission - Applicant Submission Application ID: 56867 Application Status: Under LG Review Applicant: David Simpson Agent: Tryon Land Surveying Local Government: Peace River Regional District Local Government Date of Receipt: 09/18/2017 ALC Date of Receipt: This application has not been submitted to ALC yet. Proposal Type: Subdivision Proposal: The purpose of this proposal is to divide the land into smaller portions so that they can be sold. Currently the owner has found the property hard to sell due to the large size of the land. If the owner is still unable to sell the smaller portions he plans to give the land to his grandchildren. Agent Information Agent: Tryon Land Surveying Mailing Address: 10201 17 Street Dawson Creek, BC V1G 4C3 Canada Primary Phone: (250) 782-5868 Email: nmahon@tryongroup.ca Parcel Information Parcel(s) Under Application 1. Ownership Type: Fee Simple Parcel Identifier: 014-895-056 Legal Description: DL 1359 PEACE RIVER Parcel Area: 227.2 ha Civic Address: Date of Purchase: 03/18/1985 Farm Classification: Yes Owners 1. Name: David Simpson Address: PO Box 549 Charlie Lake, BC V0C 1H0 Canada Phone: (250) 772-5019 Applicant: David Simpson
Current Use of Parcels Under Application 1. Quantify and describe in detail all agriculture that currently takes place on the parcel(s). Currently a portion of the land is used as pasture for cattle stock 2. Quantify and describe in detail all agricultural improvements made to the parcel(s). There have been no agricultural improvements to the land 3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s). Currently there are no non agricultural land uses on the property Adjacent Land Uses North Land Use Type: Agricultural/Farm Specify Activity: Land used for pasture and hay East Land Use Type: Unused Specify Activity: Directly East is the Halfway River and East of the river is treed unsurveyed Crown Land South Land Use Type: Unused Specify Activity: Treed Crown Provincial Land West Land Use Type: Unused Specify Activity: Treed Unsurveyed Crown Land Proposal 1. Enter the total number of lots proposed for your property. 75.8 ha 75.7 ha 75.7 ha 2. What is the purpose of the proposal? The purpose of this proposal is to divide the land into smaller portions so that they can be sold. Currently the owner has found the property hard to sell due to the large size of the land. If the owner is still unable to sell the smaller portions he plans to give the land to his grandchildren. 3. Why do you believe this parcel is suitable for subdivision? I believe the parcel is suitable for subdivision as the resulting parcels will still meet the minimum sizes required by the bylaw. The new lot sizes would still be sufficient for use in an agricultural manner. 4. Does the proposal support agriculture in the short or long term? Please explain. I believe agriculture is supported by the subdivision as it would create properties that can be used by multiple owners in an effiecent manner. The new lots would be appropriate in size for people looking to Applicant: David Simpson
enter into the agriculture industry. 5. Are you applying for subdivision pursuant to the ALC Homesite Severance Policy? If yes, please submit proof of property ownership prior to December 21, 1972 and proof of continued occupancy in the "Upload Attachments" section. No 6. Describe any economic values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. Subdividing would make the land more economical for purchase for people wishing to enter the agriculture industry. 7. Describe any cultural values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. None 8. Describe any social values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. None 9. Describe any regional and community planning objectives you believe are applicable to the application as it applies to s.4.3 of the ALC Act. None Applicant Attachments Agent Agreement - Tryon Land Surveying Proposal Sketch - 56867 Other correspondence or file information - Assessment Roll Report Certificate of Title - 014-895-056 ALC Attachments None. Decisions None. Applicant: David Simpson