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Printed on: __________________________________ ____________________________ 01-Mar-16 2:24:07 PM Department Head CAO

Report prepared by: Bailey Chabot, North Peace Land Use Planner

PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

ZONING AMENDMENT REPORT

BYLAW NO. 2240 (GLADYSZ), 2016 1st and 2nd Reading

OWNER: James & Dorianne Gladysz DATE: March 1, 2016

AREA: Electoral Area C

LEGAL: NW 1/4 of Section 12 Township 84 Range 20 W6M PRD Except Plans EPP22390 & EPP45749

LOT SIZE: 31.6 ha (78.0 ac)

LOCATION: East of Charlie Lake, along Old Hope Rd

PROPOSAL

To rezone the subject property from A-2 (Large Agricultural Holdings Zone) to R-5 (Residential 5 Zone) to facilitate the subdivision of two 4.0 ha lots, one 6.0 ha lot, and a 17.5 ha remainder.

RECOMMENDATION: OPTION 2

1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw No. 2240,

(Gladysz), 2016 for a First time and Second time.

2. THAT a public hearing be held pursuant to the Local Government Act; and

3. THAT the holding of the public hearing be delegated to Director of Electoral Area ‘C’.

OPTIONS

OPTION 1: 1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw

No. 2240, (Gladysz), 2016 for a First time and Second time.

2. THAT the holding of a public hearing be waived pursuant to s. 464(2) of the Local

Government Act, and authorize performance of public notification pursuant to s. 467 of the

Local Government Act.

OPTION 2:

1. THAT the Regional Board read Peace River Regional District Zoning Amendment Bylaw

No. 2240, (Gladysz), 2016 for a First time and Second time.

2. THAT a public hearing be held pursuant to the Local Government Act; and

3. THAT the holding of the public hearing be delegated to Director of Electoral Area ‘C’.

OPTION 3: 1. THAT the Regional Board refuse Zoning Amendment Bylaw No. 2240 (Gladysz), 2016.

SITE CONTEXT

The subject property is located west of the City of Fort St. John along the Old Hope Rd. The subject property is surrounded by ALR lands except for one adjacent property to the west. According to the applicant, surrounding

property is rural residential (north), agriculture (east), and rural residential (south and west).

SITE FEATURES

LAND: From aerial photos, the property is mostly treed with clearings in the northeast portion of the subject property.

STRUCTURES: According to the applicant a single detached home, one detached garage, and two small storage

sheds exist on the subject property.

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File No. 023/2016

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ACCESS: Old Hope Rd and Hall Ave

CLI SOIL

RATING:

The subject property has a soil rating of 56T44

X which is a mixture of 60% 5T and 40% 4X. 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 ‘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.

FIRE: The subject property is within the Charlie Lake Fire protection area

ACCESS: Old Hope Road and Hall Avenue

COMMENTS AND OBSERVATIONS

APPLICANT: The applicant is intending to rezone the subject property from A-2 (Large Agricultural Holdings

Zone) to R-5 (Residential 5 Zone) to allow for the development of three low density residential lots. One 4.0 ha and one 6.0 ha parcel is proposed to be accessed from the Old Hope Rd, and one

4.0 ha parcel is proposed to be accessed from Hall Ave. The remainder will be 17.5 ha with the

potential to be subdivided later.

ALR: The subject property has been excluded by resolution #345/2015.

OCP: Pursuant to the PRRD NPFA Official Community Plan Bylaw No. 1870, 2009, the subject

property is designated LDR (Low Density Residential) for which the minimum parcel size will

not be less than 4 ha (10 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: The proposal will remove 14.0 ha from agricultural production, with the possibility of the entire

31.6 ha being removed from agricultural production in the future.

CONTEXT: This proposal is consistent with existing rural land uses. It is adjacent to existing rural residential

subdivisions to the north, west, and south.

POPULATION &

TRAFFIC:

The proposal may increase the local population by 8.4 persons (Stats Canada, 2011) and about 6

vehicles.

WATER &

SEWER:

According to the applicant, the existing parcel has its own lagoon that is currently in use and water is hauled. Subdivided parcels are large enough for lagoons.

COMMENTS RECEIVED FROM MUNICIPALITIES AND PROVINCIAL AGENCIES

CITY OF DAWSON

CREEK: Interests unaffected.

MINISTRY OF

TRANSPORTATION

AND

INFRASTRUCTURE:

The property does not falls within Section 52 of the Transportation Act and will require

not Ministry of Transportation and Infrastructure formal approval.

Although the Ministy has no objections to the rezoning, the proposal to subdivide the

subject property 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:

Interests unaffected.

CITY OF FORT ST.

JOHN

The noted application application approval is supported with the following items for

consideration:

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File No. 023/2016

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Servicing of future development may rely on a municipal water source if not

serviced by Charlie Lake servicing. The City is concerned with the continued

reliance of water from customers outside the municipal boundary who may rely on municipal water as their permanent water source solution.

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File No. 023/2016

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ZONING AMENDMENT

MAPS FILE NO. 023/2016

PRRD NPFA OCP Bylaw No. 1870, 2009 (Map 3)

Zoning By-Law 1343, 2001 (Map 5)

Subject Property

Subject Property

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File No. 023/2016

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ZONING AMENDMENT

MAPS FILE NO. 023/2016

CLI Soil Classification

Agricultural Land Reserve

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File No. 023/2016

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ZONING AMENDMENT

MAPS FILE NO. 023/2016

Air Photo

Subject Property

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PEACE R IVER R EG IO NAL D IS T R IC T

Box 810,1981 Alaska Avenue, 9 5 0 5 - 100m Street,Dawson Creek, BC V1G4H8 Fort St. John, BC V1J4N4Telephone: (250) 784.3200 Telephone: (250) 785.8084Fax: (250) 784.3201 Fax: (250) 785.1125

Toll Free: 1.800.670.7773

Receipt #:

Application for DevelopmentFEES

□ Official Community Plan Amendment $1,000.00

Zoning Amendment $ 650.00

□ Official Community Plan and Zoning Amendment combined $1,050.00

□ Temporary Use Permit $ 350.00

□ Development Permit $ 165.00

□ Development Variance Permit $ 165.00

□ Sign requirement [Amended by By-law No. 1898, 2010]The applicant, on those parcel(s) subject to an amendment to:

$ 150.00

i) an official community plan and/or zoning by-law;ii) temporary commercial or industrial use permit;

shall post a development application sign on the subject property, as provided by the Regional District.

A $150.00 fee will be charged for utilizing the sign and a $100.00 refund will be issued upon return of the sign to the Regional District.

2. Please print

Property Owner=s Namevj£O r)e$ f~ (Z/octysZ

Authorized Agent of Owner (if applicable):

Address of OwnerPO g o t 3 7 Z -

Address of Agent

City / Town / VillageC h v s / ie

City / Town / Village

Postal Code IJO C- / / / o Postal Code

Telephone Number:(2 5 ^ ) &2Jo Fax Number:

Telephone Number: Fax Number:

e-mail address: J a n e-mail address:

1

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Application for Development Page 2

, , -P a r t AJiJ'Vq Section / z ’Tbuvs/rt'i? 84,XzJtJ,) \*)bh. P&/£e fives lahJ D/stir/if. Sr cerChh>bie)

LoT 2. X

IpoT3 -

(ItMCfmit

3. Full legal description of each property under application

20

P 6 -P 4 s m q &cp?c42.*>£■< »-tr Ci S G

S&tnc <ui> Peto*'e

’SCjrpuie 5

Area of each lot

£ J * / !LfcGere* ha./ acres

{ L / j o Gap*, ha. / acres

4 / jO eyes ha./acresT^TTTJTTTT it>h d / 4 s vercs*

Total area ha./ acresfaT'acsTi

4. Civic address or location of property: 13222- O l d Hx>pc. jPotfcI C/i&h/t€ j!.C

5. Particulars of proposed amendmentPlease Acheck® the box(es) that apply(ies) to your proposal.

□ Official Community Plan (OCP) amendment:Existing OCP designation:_______________________________________Proposed OCP designation_______________________________________Text amendment:_______________________________________________

For a Zoning amendment: , ., . . , __Existing zone: ( L /* rZl A '-r£j r/cis/nhhac r /D /c / he jj c or>eyProposed zone ( /Lerfdeny-? ecp ST JText amendment:______

□ Development Variance Permit: - describe proposed variance request:

Temporary Use Permit (describe proposed use):

For a Development Permit: By-law No. __________ Section:______________

6. Describe the existing use and buildings on the subject property:/ B o />#rc&_/ A#<. a*>/)rox- 3C> c /c re s / d c a /n P a n o m ,

o rre h bedrooi*^- r2-J> b o Tf~7~ P)cuse^ : oP>c- d e f~<?cAr cL TeB -f-p2- douh /c_C&v tfaya&KL, Meric /3?c. A o i v f t . 2 —S t n # / / S /b s>Ay<dS

SeCJeGV' Cdence<d).7. Describe the existing land use and buildings on all lots adjacent to and surrounding the

subject property:

a) North 3 ~ JO parcels esi&^sAed Jio+neS ,b) East Ti..‘hJ:,’hed +ie / A a. cm o/cL ^ A e a / c e °n w f o ihonc) South io acre . p a r c e l a /A K n e i j /V c o n s /P ^ c /e PL t io r ^ od) West I: a<-ip pav'C-tt) u i / j i Aoree d e /h r c e m /ru n fc d d 4o p a rc e l

bp ii,Vj ion Pel 7 '8. Describe the proposed development of the subject property, attach a separate sheet if

necessary:____ [2Ze^Sc S e e , & tf& eh c <£. S h e e r ___

□

□

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Application for Development Page 3

9. Reasons and comments in support of the application, attach a separate sheet if necessary:p /t6 -£<3g- arr& d& e d _______________________________

The following information is required. Failure to provide any of the following may delay the application.1. A copy of the proof of ownership. [For example: Certificate of Title or recent Tax Assessment] for

the subject property or properties.

2. A Sketch Plan of the subject property, showing:• the legal boundaries and dimensions of the subject property;• boundaries, dimensions and area of any proposed lots (if subdivision is being proposed);• the location of permanent buildings and structures on the subject property, with distances

to property lines;• the location of any proposed buildings, structures, or additions thereto, with distances to

property lines;• the location of any existing sewage disposal systems;• the location of any existing or proposed water source; and

3. Additional or more detailed information may be requested by the Regional District following review of your application.

If the Regional District believes it to be necessary for the property boundaries and the location of buildings and structures to be more accurately defined, a plan prepared by a British Columbia Land Surveyor may be required.

I / We hereby declare that the information provided in this application is, to the best of my / our knowledge, true and correct in all respects, and I / we enclose the required fee with this application.

Signature of Owner/s:

Signature of Owner/s:

Date:

Agent=s AuthorizationShould the property owners elect to have someone act on their behalf in submission of this application, the following must be signed by all property owners.

I /W e and hereby authorize

(name) to act on my/our behalf in respect of this application.

Address of agent:

Telephone: Fax: Email:

Signature of Owner/s: Date

Signature of Owner/s: Date

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January 28, 2016.

Peace River Regional District Application For Development, Question #8 & #9

lames & Dorianne Gladvsz Subdivision Plan

Property: NW Section 12, Township 84. Range 20 W6M. Peace River District. Except Plans PGP 45034 and BCP 7042

Summary of Proposed Development with Rationale:

We are planning to develop a portion of our 80-acre land parcel located at the above legal description. The subject property is currently designated for low-density residential development (10 acre lots) in the OCP for this region. The immediately adjacent property on all sides of our 80 acre parcel, except to the east where there is cultivated land, is already subdivided into 10 acre parcels w ith most of these parcels developed w ith homes.

The full 80 acres was recently excluded from the ALR in an approval (Order #345/2015) dated November 12, 2015, and included in this application package.Our proposed development includes 3 separate lots in addition to the remaining area. They include 2-10 acre lots for separate home building sites along the west side of the property, 1-15 acre lot w ith our current home, and a 45 acre remnant that includes approx. 30 acres currently under cultivation and rented by our cousin who farms full-time in the area. The cultivated area w ill continue to be farmed and is mostly unaffected by the subdivision plans.

We relocated to Kelowna in September of 2015 due to a job transfer from Fort St. John. So, we are planning to subdivide our property and sell our home lot and the 2 smaller lots to provide funds to purchase a home in Kelowna where one of our children is also attending university.

The proposed lots all have direct access to a MOTI maintained high-grade access road w ithout requiring new roads to be constructed. The two lots on the north end of the property (1-10 acre & 1-15 acre w ith our home) are immediately adjacent to the Old Hope Road while the 10-acre on the southwest corner has approx. 20 meters of area adjacent to the Hall Road.

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Agricultural Land Commission133-4940 Canada Way Burnaby, British Columbia V5G 4K6 Tel: 604 660-7000 Fax: 604 660-7033 www.alc.gov.bc.ca

December 2, 2015 ALC File: 54284

BC Land Title & Survey Land Title Division Suite 110 -1321 Blanshard Street Victoria, BC V8W 9J3

James and Dorianne Gladysz 13225 Old Hope Road PO Box 372Charlie Lake, BC VOC 1 HO

Dear Sir/Madam:

Re: Order #345/2015Application to Exclude Land from the Agricultural Land Reserve (ALR)

Please find attached the Reasons for Decision of the Agricultural Land Commission (Resolution # 345/2015) as it relates to the above noted application. A sketch plan depicting the decision has been attached.

By way of a copy of this letter, the Commission is advising the Registrar of Land Titles of its order and confirming that the ALR notation is to be removed from Certificate of Title number BV372249.

Further correspondence with respect to this application is to be directed to Laurel Eyton at (Laurel. Eyton@gov. bc.ca).

Yours truly,

PROVINCIAL AGRICULTURAL LAND COMMISSION

Colin Fry, Chief Tribunal Officer

Enclosures: Reasons for Decision (Resolution #345/2015)Sketch plan

cc: Peace River Regional District (067/2015)

54284d1

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ALCprovincial Agricultural Land commission

Minutes of a meeting held by the Provincial Agricultural Land Commission (the “Commission”) on November 12, 2015 at the offices of the Commission located at #133 - 4940 Canada Way, Burnaby, BC.

FOR CONSIDERATION

Application: 54284Applicant: James and Dorianne GladyszProposal: To exclude the 31.6 ha property from the ALR.

(Submitted pursuant to section 30(1) of the Agricultural Land Commission Act)

Legal: The North West Va of Section 12, Township 84, Range 20, West of the6th Meridian, Peace River Regional District, Except Plans PGP45034 And BCP7042 PID: 006-296-475

Location: Old Hope Road, Charlie LakeBackground: The property is designated as Low Density Rural Residential in the

Peace River Regional District North Peace Fringe Area Official Community Plan (OCP), Bylaw No. 1870, 2009. The Commission endorsed the OCP by Resolution #1105/2009.

DELEGATION OF DECISION-MAKING TO THE CHIEF EXECUTIVE OFFICER (CEO)

On June 27, 2011 the Commission delegated decision-making to the CEO by Resolution #016N-2011 (File: 140-60/ALC/CEO/APPL). In accordance with section 27 of the Agricultural Land Commission Act the Commission has specified that the following applications may be decided by the CEO.

Criterion 2Exclusion, subdivision, non-farm use and inclusion applications that are consistent with a specific planning decision of the Commission made by resolution (e.g.: Peace River- Fort St. John Comprehensive Development Plan);

DECISION:

After reviewing the entire file material, I Frank Leonard, Chair of the Commission, am satisfied that the proposal is consistent with Criterion # 2 of Resolution #016N/2011 and approve the application on behalf of the Commission.

This decision does not relieve the owner or occupier of the responsibility to comply with applicable Acts, regulations, bylaws of the local government, and decisions and orders of any person or body having jurisdiction over the land under an enactment.

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Agricultural Land Commission133-4940 Canada Way Burnaby, British Columbia V5G 4K6 Tel: 604 660-7000 Fax: 604 660-7033 www.alc.gov.bc.ca

RESOLUTION #345/2015

CERTIFY THAT THIS IS TRUE RECORD OF THE DECISION

Frank Leonard, Chief Executive Officer

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56°1

6'0“

N 56

°18'

0"N

121M'0"W 121°2'0“W,J.■—

121WW ___l _

120°58'0"W___ I___

ALC # 54284'Sec 26, t p (Applicants - James and Dorianne Gladysz)

Resolution #345/2015

Sec 23, TP 84, Rge 20Sec 24, TP 84, Rge 20 \Sec

■\N

x . 006-296-475^NW 1/4 Sec 12 TP 84 Rge 20 W6M

Peace River District Area = 31 6 na

Sec 14, TP 84Rge 20

Subject Pioperty

Sec 11, Tp 20

ec 7, TP 84, Rge 19

Property excluded from the ALR by Resolution #345/2015

Sec 3, TP 84, Rge 20ec 2/ | ^ 8 ^ g e 20

\ v-Cv

'-Knv:__ .

ALR' Seem, TP 84, Rge 20

Sec 34, TP 83, Ig e 20 Sec 35( TR 83' R9e 20Sec 36, TP 83, Rge 20

ALC Context MapMap Scale: 1:35,000

250 0 250 500 750 1,000 1,25Q

Meters

ALC File #: 54284

Mapsheet #: 94A/6

Map Produced: Nov 5, 2015

Regional District: Peace River

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12

SubjectProperty

Twp 84 Rge 20

Peace River Regional DistrictBy-law No. 2240, 2016

SCHEDULE "A"

Map. No. 5 - Schedule A of "Peace River Regional District Zoning By-law No. 1343, 2001" ishereby amended by rezoning the Northwest 14 of Section 12, Township 84, Range 20, W6M, PRDexcept Plans EPP22390 and EPP45749, from A-2 "Large Agricultural Holdings Zone" to R-5"Residential 5 Zone" as shown shaded on the drawing below:

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