PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES ZONING AMENDMENT REPORT BYLAW NO. 2226, 2016 3 rd Reading and Adoption OWNER: Rudy Willms DATE: August 3, 2016 AGENT: Tryon Land Surveying Ltd. AREA: Electoral Area C LEGAL: Legal Subdivision 9 Section 29 Township 84 Range 19 W6M PRD Except the South 25 M & PL PGP46064 LOT SIZE: 15.0 ha (37.1 ac) LOCATION: East of Charlie Lake, along Sunnyside Drive PROPOSAL To rezone the subject property from A-2 (Large Agricultural Holdings Zone) to R-4 (Residential 4 Zone) to facilitate the subdivision of 4 approximately 2 ha lots with a 6.17 ha remainder. RECOMMENDATION: OPTION 1 OPTIONS 1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw No. 2226, (Willms), 2016 for a third time. 2. THAT the Regional Board adopt Peace River Regional District Zoning Amendment Bylaw No. 2226, (Willms), 2016. OPTION 1: 1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw No. 2226, (Willms), 2016 for a third time. 2. THAT the Regional Board adopt Peace River Regional District Zoning Amendment Bylaw No. 2226, (Willms), 2016. OPTION 2: 1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw No. 2226, (Willms), 2016 for a third time. 2. THAT adoption of Peace River Regional District Zoning Amendment Bylaw No. 2226, 2016 (Willms) be conditional to the following: a. That a restrictive covenant be registered on title increasing the rear parcel line setback from 5 metres to 15 metres to reduce proximity of buildings to the existing airstrip. OPTION 3: 1. THAT the Regional Board refuse Zoning Amendment Bylaw No. 2226 (Willms), 2016. SUMMARY OF PROCEDURE February 1, 2016... PRRD received application February 12, 2012... Application and proposed bylaw referred to municipalities and provincial agencies March 10, 2016... PRRD Board gave zoning amendment bylaw no. 2240 first and second reading and authorizes a public hearing to take place pursuant to sec. 464(1) of the Local Government Act and that public notice be issued April 8, 2016... Public notification mailed to landowners April 14 & 21, 2016... Public notification advertised in Alaska Highway News April 25, 2016... Public hearing took place (please see attached minutes) Page 1 of 7 Printed on: 03-Aug-16 11:39:35 AM Department Head CAO Report prepared by: Claire Negrin, Assistant Manager of Development Services
SITE CONTEXT The subject property is located east of Charlie Lake along the Sunnyside Drive. The subject property is surrounded entirely by ALR. According to the applicant, surrounding property is rural residential (north and south), agriculture (east), and rural residential and Charlie Lake (west). SITE FEATURES LAND: STRUCTURES: ACCESS: CLI SOIL RATING: FIRE: According to the applicant ¾ of the subject property is cleared and maintained, with a portion used for a private airstrip and hangar. The remaining ¼ is a treed, sloped area. From site inspection, there is one airplane hangar at the southern portion of the subject property. Sunnyside Drive and Sunnyside Cove The subject property has two soil ratings. The majority of the property is rated 3 T with the remainder being 5 6 T6 4 TP. This is a mixture of 60% 5 T and 40% 6 TP. 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 6 soils are capable only of producing perennial forage crops, and improvement practices are not feasible. Subclass t denotes limitations placed on the parcel by topography. Subclass p denotes limitations placed on the parcel due to soils sufficiently stony to significantly hinder tillage, planting, and harvesting operations. The subject property is within the Charlie Lake Fire protection area COMMENTS AND OBSERVATIONS APPLICANT: The applicant is intending to rezone the subject property from A-2 (Large Agricultural Holdings Zone) to R-4 (Residential 4 Zone) to allow for the development of 4 approximately 2.2 ha parcels with a 6.17 ha remainder on the eastern portion of the subject property. ALR: The subject property has been excluded by resolution #347/2015. OCP: Pursuant to the PRRD NPFA Official Community Plan Bylaw No. 1870, 2009, the subject property is designated MDR (Medium Density Residential) for which the minimum parcel size will not be less than 1.6 ha (4.0 acres). Therefore, this application is consistent with the OCP. ZONING: Pursuant to PRRD Zoning Bylaw No. 1343, 2001, the subject property is zoned A-2 (large Agricultural Holdings Zone), wherein minimum parcel size is 63.0 ha (155 acres). Therefore, a zoning amendment is required. IMPACT ANALYSIS AGRICULTURE: CONTEXT: POPULATION & TRAFFIC: The proposal will remove the entire subject property, 15.0 ha, from agricultural production, however, the land is not used for agricultural purposes. This proposal is consistent with existing rural land uses. It is adjacent to existing rural residential subdivisions to the north and south. The proposal will increase the local population by 8.4 persons (Stats Canada, 2011) and approximately 6 vehicles. Should the parcel be developed to its highest density, the population could increase by 15.4 persons and 14 personal vehicles. WATER & SEWER: The proposed lots are large enough to allow for lagoons. Wells will be dug or water will be hauled. PRIVATE AIRSTRIP: The private airstrip that bisects the parcel is still in use. Proposed parcels will abut this private strip on the rear parcel line. The rear parcel setback is 5 metres (17 feet) from the parcel line. There is a possibility that a building, including a residence, could be build 17 feet from an active private airstrip on each of the proposed four lots. Page 2 of 7
COMMENTS RECEIVED FROM MUNICIPALITIES AND PROVINCIAL AGENCIES CITY OF DAWSON CREEK: MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE: Interests unaffected. The Ministry of Transportation and Infrastructure has received and reviewed your referral of February 1, 2016 to rezone from A-2 to R-4. The property does not fall within Section 52 of the Transportation Act and will not require Ministry of Transportation and Infrastructure formal bylaw approval. Although the Ministry has no objections to the rezoning, the subject property is currently undergoing subdivision review. The proposal as submitted is not guaranteed as it is dependent on the review and approval by the Provincial Approving Officer- conditions of subdivision have not been determined. DISTRICT OF TAYLOR: CITY OF FORT ST. JOHN SCHOOLDISTRICT #60 Interests unaffected. The noted application approval is recommended subject to the following: Servicing of the proposed lots may rely on a municipal water source. The City is concerned with the continued reliance of water from customers outside the municipal boundary who may rely on munipal water as their permanent water source solution. School District #60 (Peace River North) is concerned regarding the potential increase of enrolment at Charlie Lake Elementary School. The school, at this point, is at capacity. We would request consideration of mitigation in this area of concern be required. NORTHERN HEALTH AUTHORITY: TRANSPORT CANADA Lagoon system must be constructed and maintained by an authorized person and record of sewage system filed with Norther Health Authority Lagoon sewage system must be adequate for its intended use and must not cause a health hazard if it is constructed and maintained according to its plans and specifications Adequate setback distances must be mainted as per Sewage Standard Practise Manual and Sewage System Regulation BC from discharge area to drinking water sources, surface water, building, and property lines to prevent probably sources of contamination A water supply system that will serve more than one single-family residence must meet the requirements under the Drinking Water Protection Act and Regulation. If a warter supply system serves these subdivisions, a construction permit and/or an operation permit needs to be obtained with Northern Health Authoriy. We would like to direct the developer to our airport standards manual TP312 for the physical characteristics of the runway. These are the areas and slopes that should be kept clear of obstructions for safety reasons. Page 3 of 7
ZONING AMENDMENT MAPS FILE NO. 004/2016 Proposed Subdivision PRRD NPFA OCP Bylaw No. 1870, 2009 (Map 3) Subject Property Page 4 of 7
ZONING AMENDMENT MAPS FILE NO. 004/2016 Zoning By-Law 1343, 2001 (Map 6) Subject Property CLI Soil Classification Page 5 of 7
ZONING AMENDMENT MAPS FILE NO. 004/2016 Agricultural Land Reserve Air Photo Page 6 of 7
ZONING AMENDMENT MAPS FILE NO. 004/2016 Subject Property Page 7 of 7
PEACE RIVER REGIONAL DISTRICT PUBLIC HEARING MEETING MINUTES Zoning Amendment Bylaw No. 2226, 2016 July 11, 2016 @ 7:00 p.m. Pomeroy Sports Centre, Fort St. John, BC ATTENDANCE: Peace River Regional District: Applicant/Owner: Public: Brad Sperling, Director of Electoral Area C (Chair) Bruce Simard, General Manager of Development Services Ashley Murphey, North Peace Land Use Planner Rudy Willms None present 1. CALL TO ORDER The Chair called the meeting to order at 7:01 pm 2. COMMENTS FROM AGENCIES AND MUNICIPALITIES RECEIVED Bruce Simard reads comments from referred agencies 3. COMMENTS FROM THE APPLICANT Mr. Willms explains his proposal to create 4 residential properties for sale and a large remainder for his existing residence. 4. 5. 6. COMMENTS FROM THE PUBLIC No public in attendance FINAL COMMENTS FROM APPLICANT No further comments TERMINATION OF PUBLIC HEARING The Chair terminated the Public Hearing at 7:06 pm Bruce Simard, Recorder Brad Sperling, Meeting Chair
B-1 b) PEACE RIVER REGIONAL DISTRICT Bylaw No. 2226, 2016 A bylaw to amend Peace River Regional District Zoning Bylaw No. 1343, 2001. WHEREAS, the Regional Board of the Peace River Regional District did, pursuant to the Province of British Columbia Local Government Act, adopt Peace River Regional District Zoning Bylaw No. 1343, 2001"; NOW THEREFORE the Regional Board of the Peace River Regional District, in open meeting assembled, enacts as follows: 1. This by-law may be cited for all purposes as Peace River Regional District Zoning Amendment Bylaw No. 2226 (Willms), 2016." 2. Schedule A Map 6 of Peace River Regional District Zoning Bylaw No. 1343, 2001" is hereby amended by rezoning Legal Subdivision 9, Section 29, Township 84, Range 19, W6M, PRD, except the South 25m and Plan PGP46064, from A-2 Large Agricultural Holdings Zone to R-4 Residential 4 Zone, as shown on Schedule A which is attached to and forms part of this bylaw. READ a FIRST TIME this 28 th day of April, 2016. READ a SECOND TIME this 28 th day of April, 2016. Public Hearing held on the 11 th day of July, 2016 and notification mailed on the 23 rd day of June, 2016. READ A THIRD TIME this day of, 2016. ADOPTED this day of, 2016. (Corporate Seal affixed) ( ( Don McPherson, Chair ( ( ( ( Jo-Anne Frank, Corporate Officer I hereby certify this to be a true and correct copy of "PRRD Zoning Amendment Bylaw No. 2226 (Willms), 2016, as adopted by the Peace River Regional District Board on, 2016. Corporate Officer 1 P a g e
Peace River Regional District By-law No. 2226, 2016 SCHEDULE "A" B-1 b) Map. No. 6 - Schedule A of "Peace River Regional District Zoning Bylaw No. 1343, 2001" is hereby amended by rezoning Legal Subdivision 9, Section 29, Township 84, Range 19, W6M, except the South 25m and plan PGP46064, from A-2 "Large Agricultural Holdings Zone" to R-4 "Residential 4 Zone" as shown shaded on the drawing below: R-4 LS 9 29 Twp 84 Rge 19