PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES REPORT ON SUBDIVISION WITHIN THE AGRICULTURAL LANDRESERVE FILE NO. 190/2017 R-9 OWNER: Martin and Allison Mackay DATE: November 6, 2017 AREA: Electoral Area D LEGAL: NW ¼ of Section 33 Township 81 Range 17 W6M PRD LOT SIZES: 64.6 ha (159.7 ac) LOCATION: Top of the South Taylor Hill along the 230 Road. PROPOSAL To subdivide a ~ 2.1 ha lot from the property for their brother who lives with a medical condition to allow him to have title and be close to family support. RECOMMENDATION: OPTION 1 [All Directors - Corporate Unweighted] THAT the Regional Board support ALR subdivision application 190/2017 (Mackay), and authorize the application to proceed to the Agricultural Land Commission since the proposal is consistent with the OCP. OPTIONS OPTION 1: THAT the Regional Board support ALR subdivision application 190/2017 (Mackay), and authorize the application to proceed to the Agricultural Land Commission since the proposal is consistent with the OCP. REASONING: The proposal is consistent with the OCP since the proposed subdivision is to provide a residence for the family member of the landowner. OPTION 2: THAT the Regional Board refuse authorization for the subdivision application 190/2017 (Mackay) to proceed to the Agricultural Land Commission. LAND USE POLICIES AND REGULATIONS OFFICIALCOMMUNITYPLAN (OCP): Agriculture-Rural Peace River Regional District Rural Official Community Plan Bylaw No. 1940, 2011. ZONING: A-2 (Large Agricultural Holdings Zone) Dawson Creek Rural Area Zoning Bylaw No. 479, 1986. AGRICULTURAL LAND RESERVE (ALR): Within. BUILDING INSPECTION AREA: Outside the Mandatory Building Permit Area. Page 1 of 7 Printed on: 21-Nov-17 11:50:48 AM Department Head CAO Report prepared by: Jacqueline Burton, Development Services Coordinator, & Christina Hovey, North Peace Land Use Planner.
SITE CONTEXT R-9 File No. 190/2017 The subject property is located at the top of the South Taylor Hill east along the 230 Road in an area of predominately ¼ section parcels some with small residential parcels subdivided out SITE FEATURES LAND: STRUCTURES: ACCESS: SOIL: FIRE: According to the applicant, ~92% of the property (58.68 ha) is in grain production and ~1% (approximately 1.62ha) is used for raising swine. The entire property is used by honey bees from two bee yards. Note that swine are raised primarily outdoors. There are several existing oil and gas rights of way registered on the property. There are two home sites on the property with associated outbuildings. The property has frontage on the 230 Road and there appears to be a road allowance along the western boundary of the property. There are currently two driveways off of the 230 Road, one runs along the road allowance on the western boundary of the property. Class 4X soil. Soils in this class have severe limitations that restrict the range of crops or require special conservation practices. Subclass X: This Subclass is comprised of soils having a limitation resulting from the cumulative effect of two or more adverse characteristics. Outside all Rural Fire Protection Areas. PREVIOUS APPLICATIONS SUBJECT PROPERTIES None PREVIOUS APPLICATIONS PROPERTIES WITHIN 100 M Applicant: Steve Bracey Legal: SE ¼ of Section 4 Township 82 Range 17 W6M PRD Proposal: Non-farm Use Decision: ALC ID: 52783 no ALC resolution in the file and not found on ALC website Applicant: Legal: Proposal: Decision: James D.G. McLennan SE ¼ of Section 5 Township 82 Range 17 W6M PRD Homesite severance The ALC approved the application by Resolution #81/2000 (ALC ID: W-33139) Applicant: Legal: Proposal: Decision: Andrew and Angela Enns SE ¼ of Section 5 Township 82 Range 17 W6M PRD Subdivision and non-farm use to establish a church and school The ALC refused the application by Resolution #184/2008 (ALC ID: W-37747) Applicant: Legal: Proposal: Page 2 of 7 Morgan Huber, Municipal Relations Specialist, Altus Group SE ¼ of Section 5 Township 82 Range 17 W6M PRD Non-farm Use to construct a 93 m communication tower with guy cables and an
File No. 190/2017 equipment shelter on a 2.1 ha lease site Decision: The ALC approved the application by Resolution #367/2013 (ALC ID: 53343) COMMENTS AND OBSERVATIONS APPLICANT: ALR: The applicant and her husband would like to separate the parcel into two separate lots so they can assign the proposed Lot 2 to her husband's brother. The brother lives with a medical condition called muscular dystrophy and living close to family would enable the support that he needs. Improvements need to be made to the residence (House #1 in the sketch map) in order to make it more handicap accessible. However, the brother is not comfortable making the necessary improvements (e.g., installing wheel chair ramps) to the property unless he is the land owner. A successful subdivision into Lot 1 and Lot 2 would enable his ownership and allow him to live close to family (my husband and I). 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 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 The subject property is designated Agriculture-Rural within the Peace River Regional District Rural Official Community Plan Bylaw No. 1940, 2011. Within the Agriculture Rural designation the minimum parcel size will not be less than 63 ha (155 acres). Section 7 Policy 3 (g) states the minimum parcels size does not apply where the subdivision is being made for the purpose of providing residence to the landowner, or a relative of the landowner, i. the subdivision is limited to not more than one lot per parent parcel, ii. such a subdivision can be approved on a one time only basis per parent parcel, iii. the location and configuration of any parcel created should not negatively impact agriculture operations or increase the potential for conflict with adjoining parcels, iv. where the land is within the ALR, a farm business rationale is presented which involves a benefit for agriculture. Since the subdivision is being made for a relative of the landowner, and based on the assessment below that the impact on agriculture will be minimal, the proposal is consistent with the OCP. ZONING: Dawson Creek Rural Area Zoning Bylaw No. 479, 1986 R-9 The subject property is zoned A-2 (Large Agricultural Holdings Zone) within the Dawson Creek Rural Area Zoning Bylaw No. 479, 1986. This zone has a minimum parcel size of 63 Page 3 of 7
ha (155 ac). R-9 File No. 190/2017 Therefore this proposal is not consistent with this Zoning Bylaw and would require a zoning amendment. However should the proposal meet the requirements for subdivision under Section 514 of the Local Government Act, a zoning amendment would not be necessary. IMPACT ANALYSIS AGRICULTURE: The proposed subdivision could have a small negative impact on the agricultural use of the remainder property as it could potentially allow the development of another dwelling on the remainder property. The remainder property will still be over 60ha. The proposed area to be subdivided is as small as possible and is in an area not currently used for agriculture (homesite is existing). CONTEXT: POPULATION & TRAFFIC: This area consists mainly of agricultural ¼ section and ½ section parcels. There are a few smaller lots subdivided along the 230 and 249 Roads. The proposed subdivision is not anticipated to have an impact on the adjacent properties. The proposed subdivision could allow for an additional dwelling to be developed on the remainder property. This could lead to approximately an additional 2.6 people and 2 vehicles in Electoral Area D. This density is calculated by a population average of 2.6 people (based on Stats Can 2016 census estimate) per dwelling in Electoral Area D and about 2 vehicles per dwelling. Temporary Additional Dwellings would also be permitted under specific circumstances. The impact of this change in population and traffic on the area is would be minimal. Page 4 of 7
File No. 190/2017 ALR SUBDIVISION REPORT MAPS FILE NO. 190/2017 (Mackay) Context Photo N Subject Property N Air Photo Proposed Subdivision Subject Property Page 5 of 7
File No. 190/2017 N ALR SUBDIVISION REPORT MAPS FILE NO. 190/2017 (Mackay) PRRD Rural Area Official Community Plan Bylaw No. 1940, 2011 (Schedule B Map 21) Dawson Creek Rural Area Zoning Bylaw No. 479, 1986 (Index Map) N Page 6 of 7
File No. 190/2017 ALR SUBDIVISION REPORT MAPS FILE NO. 190/2017 (Mackay) Agricultural Land Reserve N N CLI-Soil Classification Page 7 of 7
Peace River Regional District Memorandum To: From: Leonard Hiebert, Director of Electoral Area D Christina Hovey, North Peace Land Use Planner Date: November 10, 2017 RE: ALR Subdivision App # 190/2017 (Mackay) Pursuant to the following resolution: RD/15/04/26 (23) That a two-week period be added to the development application review process to allow time for the appropriate Electoral Area Director to review applications prior to them going to the Regional Board for consideration. The revised application and report are provided for your review. Please return this form with your comments by or before November 24, 2017. Please contact me if you have any questions. Thank you. COMMENTS: circle if No Comment Date: Initial:
Provincial Agricultural Land Commission - Applicant Submission Application ID: 56770 Application Status: Under LG Review Applicant: Allison Mackay, Martin Mackay Local Government: Peace River Regional District Local Government Date of Receipt: 08/14/2017 ALC Date of Receipt: This application has not been submitted to ALC yet. Proposal Type: Subdivision Proposal: My husband and I would like to separate our parcel into two separate lots so that we can assign the proposed Lot 2 to my husband's brother. My husband's brother lives with a medical condition called muscular dystrophy and living close to family would enable the support that he needs. Improvements need to be made to the residence (House #1 in the sketch map) in order to make it more handicap accessible. However, my husband's brother is not comfortable making the necessary improvements (e.g., installing wheel chair ramps) to a property unless he is the land owner. A successful subdivision into Lot 1 and Lot 2 would enable his ownership and allow him to live close to family (my husband and I). Mailing Address: 5395 230 Road South Taylor, BC V0C 2K0 Canada Primary Phone: (250) 262-1263 Email: allison.mackay@hotmail.com Parcel Information Parcel(s) Under Application 1. Ownership Type: Fee Simple Parcel Identifier: 012-787-906 Legal Description: NW 1/4 OF SEC 33 TP 81 R 17 W6M PEACE RIVER Parcel Area: 64.6 ha Civic Address: 5395 230 Road Date of Purchase: 04/07/2015 Farm Classification: Yes Owners 1. Name: Allison Mackay Address: 5395 230 Road South Taylor, BC V0C 2K0 Canada Phone: (250) 262-1263 Email: allison.mackay@hotmail.com 2. Name: Martin Mackay Address: 5395 230 Road Applicant: Allison Mackay, Martin Mackay
South Taylor, BC V0C 2K0 Canada Phone: (250) 793-0841 Email: martym@live.ca R-9 Current Use of Parcels Under Application 1. Quantify and describe in detail all agriculture that currently takes place on the parcel(s). Approximately 92% (58.68 hectares) is leased and farmed by a grain producer (Barry Critcher of Critcher Farms). This area is identified on the sketch map as the "Farmed Field (Grain Crop)" portion. Less than 1% (approximately 1.62 hectares) of the land area is used for raising swine. This area is identified on the sketch map as "Main Pig Pen" and "Pig Pen 2". Depending on what the crops are in the farmed field portion, up to 100% of the land area (the full 64 hectares) can be used by honey bees. The bee yards are identified in the sketch map as "Bee Yard"; there are two bee yards. 2. Quantify and describe in detail all agricultural improvements made to the parcel(s). Fencing for the pig pens was completed in 2015, 2016 and 2017. The pig pens shown in the sketch map include page wire pens and electric fence pasture areas. The land area leased for grain farming (approximately 58.68 hectares) hadn't been farmed in approximately 7 years and was heavily overgrown with various shrub species and noxious weeds. In order to return the land to a productive state, in 2015 the farmed area had to be repeatedly treated (disced and sprayed with herbicide). In 2015, a new dugout was created for watering pigs and raising rainbow trout (labelled "New Dugout and Trout Pond" on sketch map). 3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s). No non-agricultural activities. Adjacent Land Uses North Land Use Type: Agricultural/Farm Specify Activity: Hay Production and Cattle Grazing East Land Use Type: Agricultural/Farm Specify Activity: Hay Production and Cattle Grazing South Land Use Type: Agricultural/Farm Specify Activity: Hay Production and Cattle Grazing West Land Use Type: Agricultural/Farm Specify Activity: Hay Production and Cattle Grazing Proposal Applicant: Allison Mackay, Martin Mackay
1. Enter the total number of lots proposed for your property. 62.5 ha 2.1 ha R-9 2. What is the purpose of the proposal? My husband and I would like to separate our parcel into two separate lots so that we can assign the proposed Lot 2 to my husband's brother. My husband's brother lives with a medical condition called muscular dystrophy and living close to family would enable the support that he needs. Improvements need to be made to the residence (House #1 in the sketch map) in order to make it more handicap accessible. However, my husband's brother is not comfortable making the necessary improvements (e.g., installing wheel chair ramps) to a property unless he is the land owner. A successful subdivision into Lot 1 and Lot 2 would enable his ownership and allow him to live close to family (my husband and I). 3. Why do you believe this parcel is suitable for subdivision? The proposed Lot 2 is not currently used for agricultural operations. It is a house, driveway, lagoon, dugout and lawn and is completely independent of the proposed Lot 1; there are no agriculture operations taking place within the proposed Lot 2. The proposed Lot 2 will be fenced along the proposed lot line (labelled "Proposed lot line" in the sketch map) to facilitate the separation of the farming operations taking place in the proposed Lot 1. 4. Does the proposal support agriculture in the short or long term? Please explain. Because current agricultural activities are not impacted and because areas (driveway, house, lagoon, dugout and lawn) within the proposed Lot 2 could not feasibly be converted back to farmable land, the proposal supports agriculture in both the short and and long term. The current diversified repertoire of agricultural activities (grain production, swine production and apiculture) will continue to operate in Lot 1. 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. Approval of this application would enable our relative to own and reside in Lot 2 of the subject parcel. 7. Describe any cultural values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. Not applicable to this application. 8. Describe any social values you believe are applicable to the application as it applies to s.4.3 of the ALC Act. Approval of this application would enable my husband's brother to reside close to the family support he needs (he is living with the medical condition termed muscular dystrophy) without negatively impacting agricultural values. 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. This application is consistent with regional and community planning objectives because: (a) the principal land use is for agricultural operations and residential; (b) the subdivision proposed is for the purpose of providing a residence to a relative; (c) the proposed subdivision will not negatively impact agricultural operations and agricultural potential. Applicant Attachments Applicant: Allison Mackay, Martin Mackay
Proposal Sketch - 56770 Site Photo - Site Photographs Certificate of Title - 012-787-906 R-9 ALC Attachments None. Decisions None. Applicant: Allison Mackay, Martin Mackay
R-9
Photo #1: Facing south east from north property line and 230 Road. Pig pasture and main pens adjacent to field used for grain production.
Photo #2: Facing south from north property line and 230 Road. Western portion of field used for grain production; currently summer fallow.
Photo #3: Facing south from north property line and 230 Road. West portion of field that is currently used for grain production; west fence running along proposed boundary of Lot 2. This fence currently incomplete and will be completed to run the entire lot line if the proposal is approved.
Photo #4: Facing south from start of driveway #1.
Photo #5: Facing west from driveway #1 showing adjacent land use (hay production and cattle grazing).
Photo #6: Facing south along driveway #1 toward residence #1.
Photo #7: Facing south and residence #1, standing east of driveway. Proposed lot line between Lot 1 and Lot 2.
Dugout #1 Photo #8: Facing north east from driveway #1. Showing proposed lot line between Lot 1 and Lot 2.
Photo #9: Facing west from west edge of field. Showing proposed lot line between Lot 1 and Lot 2 at lagoon (raised area on left hand side of photo) and farmed field.
Photo #10: Facing west from proposed parcel boundary at lagoon and farmed field, standing on south side of lagoon. Showing proposed lot line along farmed portion.
Photo #11: Facing west from farmed field. Showing most southern proposed lot line.
Photo #12: Facing north east toward residence #1 from farmed field. Showing southern proposed lot line.
Photo #13: Facing north west from farmed field showing that proposed Lot 2 is outside of the farmed area in Lot 1.
Photo #14: Facing north from south property line showing area used for grain production within proposed Lot 1.
Photo #15: Facing north west from field. Agricultural improvements within proposed Lot 1 - main pig pen and grain bins.
Photo #16: Facing north east from south east corner of main pig pen showing bee yard.
Photo #17: Facing east from corner of driveway #2 showing bee yard and 2nd pig pen and pasture.
Photo #18: Facing north east from south west corner of pig pen showing 2nd pig pen.
Photo #19: Facing north from start of driveway #2 showing Adjacent land use (hay production and cattle grazing).
Photo #20: Facing south from start of driveway #2. Independent and separate driveway to access residence #2.
Photo #21: Facing south from south property line showing adjacent land use (hay and cattle grazing).
Photo #22: Facing east from east property line showing adjacent land use (haying and cattle grazing).
Photo #23: Facing west from east side of new dugout showing agricultural improvement (trout pond and water source for pigs).