REPORT Staff Initials: Dept. Head: CAO: Page 1 of 3 To: Chair and Directors Date: February 28, 2019 From: Danielle Patterson, Planning Intern Subject: Application for Subdivision within the ALR Report, PRRD File No. 19-009 (Morton) OPTIONS: [All Directors – Corporate Unweighted] 1. THAT the Regional Board support ALR subdivision application 19-009 (ALC ID 58497) for the property legally described as District Lot 2640 Peace River District excluding the South 80 Feet to subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac), and authorize the application to proceed to the Agricultural Land Commission. 2. THAT the Regional Board refuse authorization for ALR subdivision application 19-009 (ALC ID 58497) for the property legally described as District Lot 2640 Peace River District excluding the South 80 Feet to subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac), to proceed to the Agricultural Land Commission. BACKGROUND/RATIONALE: PROPOSAL: To subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac) SITE DETAILS OWNERS: Clement Morton and Robert Morton AGENT: Aspen Grove Property Services AREA: Electoral Area ‘E’ ALC Application ID: 58497 CIVIC ADDRESS: 1362 Willis Road LOT SIZE: 108.54 ha (268.21 ac) LOCATION: Approximately 30 km from Hwy 29, along Jackfish Lake Road LEGAL DESCRIPTION: District Lot 2640 Peace River District Excluding the South 80 Feet; PID: 014-848-406 OFFICIAL COMMUNITY PLAN (OCP): The subject property is designated ‘Agriculture-Rural’ within PRRD Rural Official Community Plan Bylaw No. 1940, 2011. Both the proposed use and parcel sizes are consistent with the OCP. The OCP states the principal use of land within this designation will generally be limited to: (a) uses required for operating a farm; agriculture; agri-tourism; communal farm; residential use; home-based businesses; kennels; trapping, hunting, outfitting establishments; ecological reserves and work that supports ecological protection or restoration; and R-6 March 14, 2019
Transcript
REPORT
Staff Initials: Dept. Head: CAO: Page 1 of 3
To: Chair and Directors Date: February 28, 2019
From: Danielle Patterson, Planning Intern
Subject: Application for Subdivision within the ALR Report, PRRD File No. 19-009 (Morton)
OPTIONS: [All Directors – Corporate Unweighted]
1. THAT the Regional Board support ALR subdivision application 19-009 (ALC ID 58497) for the property legally described as District Lot 2640 Peace River District excluding the South 80 Feet to subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac), and authorize the application to proceed to the Agricultural Land Commission.
2. THAT the Regional Board refuse authorization for ALR subdivision application 19-009 (ALC ID 58497) for the property legally described as District Lot 2640 Peace River District excluding the South 80 Feet to subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac), to proceed to the Agricultural Land Commission.
BACKGROUND/RATIONALE:
PROPOSAL: To subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac)
SITE DETAILS
OWNERS: Clement Morton and Robert Morton AGENT: Aspen Grove Property Services AREA: Electoral Area ‘E’ ALC Application ID: 58497 CIVIC ADDRESS: 1362 Willis Road LOT SIZE: 108.54 ha (268.21 ac) LOCATION: Approximately 30 km from Hwy 29, along Jackfish Lake RoadLEGAL DESCRIPTION: District Lot 2640 Peace River District Excluding the South 80 Feet; PID: 014-848-406
OFFICIAL COMMUNITY PLAN (OCP): The subject property is designated ‘Agriculture-Rural’ within PRRD Rural Official Community Plan Bylaw No. 1940, 2011. Both the proposed use and parcel sizes are consistent with the OCP.
The OCP states the principal use of land within this designation will generally be limited to: (a) uses required for operating a farm; agriculture; agri-tourism; communal farm; residential use; home-based businesses; kennels; trapping, hunting, outfitting establishments; ecological reserves and work that supports ecological protection or restoration; and
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Application for Subdivision within the ALR Report, PRRD File No. 19-009 (Morton) February 28, 2019
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(b) businesses directly compatible or complementary to the agricultural industry, such as a grain elevator, fertilizer distribution facility, or a feed and supply store, are permitted, through a re-zoning if required [Section 7, Policy 2].
The OCP states parcels are exempt from the minimum parcel size of 63 ha (155 ac) when separated by a road right-of-way. [Section 7, Policy 3(b)].
ZONING: The subject property is zoned ‘A-2’ (Large Agricultural Holdings Zone) within Chetwynd Rural Zoning Bylaw No. 506, 1986. The proposed use and parcel sizes are consistent with zoning.
Permitted uses in the ‘A-2’ zone are agriculture; oil or gas production, storage, transmission or exploration; wood harvesting and forestry, livestock range; fish and wildlife habitat; watershed protection and erosion control; kennel; public use; trapping, hunting, guiding, outfitting, guest ranch and ancillary accommodation; airstrips; mining, including gravel extraction and processing facilities; two family dwelling; single family dwelling; bed and breakfast accommodations; farm dwelling; home occupation; home industry including storage yard; and accessory building [Part 6.11 (A)].
Parcels are exempt from the minimum parcel size of 63 ha (155 ac) when the parcel is divided by a road right-of-way [Part 6.11(vii)].
FIRE PROTECTION: Outside.
BUILDING INSPECTION AREA: Voluntary.
DEVELOPMENT PERMIT AREA: None.
DEVELOPMENT COST CHARGE AREA: None.
CLI SOIL CLASSIFICATION: On the majority of the subject property the soil is 60% class 4T and 40% class 0. Soil on the southwest corner is 60% Class 4W and 40% Class 0 and a portion of the northwest corner is comprised of soil class 0. Class 4 soils have severe limitations that restrict the range of crops or require special conservation practices and class 0 are organic materials such as peat or bogs. Subclass ‘T’ is for topographic constraints and subclass ‘W’ is for excess water.
ALTERNATIVE OPTIONS: 1. That the Regional Board support ALR subdivision application 19-009 (ALC ID 58497) for the property
legally described as District Lot 2640 Peace River District excluding the South 80 Feet to subdivide the subject property along Jackfish Lake Road into two (2) lots with areas of ±52.6 ha (130 ac) and ±55.9 ha (138.2 ac), and authorize the application to proceed to the Agricultural Land Commission with the inclusion of any Regional Board recommendations to the ALC for the placement of conditions on the approval.
2. That the Regional Board provide further direction.
STRATEGIC PLAN RELEVANCE:
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Application for Subdivision within the ALR Report, PRRD File No. 19-009 (Morton) February 28, 2019
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FINANCIAL CONSIDERATION(S):
COMMUNICATIONS CONSIDERATION(S):
OTHER CONSIDERATION(S):
Attachments:1. Maps 2. ALC Application 3. Director referral response
Robert Ernest Morton , Clement Jesse MortonApplicant:
1.
Provincial Agricultural Land Commission -Applicant Submission
58497Application ID: Under LG ReviewApplication Status:
Robert Ernest Morton , Clement Jesse Morton Applicant: Aspen Grove Property Services Agent:
Peace River Regional DistrictLocal Government: 01/21/2019Local Government Date of Receipt:
This application has not been submitted to ALC yet. ALC Date of Receipt: Subdivision Proposal Type:
The subject property is owned by 2 brothers - Clement Morton and Robert Morton. Proposal:Jackfish Lake Road divides the subject property - naturally creating 2 parcels. Clement Morton and Robert Morton would like the subject property subdivided into two parcels - one foreach of the brothers. Both Clement and Robert would like to own their own parcel of land so that they can add their respectiveson's names to their individual parcels. The subject parcel has been owned by Clement, Robert and their mom, Lavina Helen Morton since 1975. When their mother, Lavina, died, Clem and Robert became joint owners of this property (see attachedTitles ). The brothers, Clem and Robert, would each like to have their own parcel - they would like the land to stayin the family. By dividing the subject property into two parcels, where it is naturally divided by JackfishLake Road, this will enable them to each take ownership of a parcel of land and pass on the lands to theirsons.
Agent Information
Aspen Grove Property Services Agent:Mailing Address:#104 - 1001 - 102 AvenueDawson Creek, BCV1G 2B9Canada
Robert Ernest Morton Owner with Parcel Interest: 12.9 ha Parcel Area:
Residential Land Use Type: Partial Ownership Interest Type:
Current Use of Parcels Under Application
1. Quantify and describe in detail all agriculture that currently takes place on the parcel(s).Hay - approximately 15.68 ha
2. Quantify and describe in detail all agricultural improvements made to the parcel(s).
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Robert Ernest Morton , Clement Jesse MortonApplicant:
Cleared, cultivated - approximately 15.68ha
3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s).No non-agricultural activity
Old house - uninhabitable
Adjacent Land Uses
North
Agricultural/Farm Land Use Type: Agriculture, Vacant landSpecify Activity:
East
Agricultural/Farm Land Use Type: Residential, Agriculture, Vacant landSpecify Activity:
South
Agricultural/Farm Land Use Type: Lake, Vacant landSpecify Activity:
West
Agricultural/Farm Land Use Type: Vacant landSpecify Activity:
Proposal
1. Enter the total number of lots proposed for your property. ha52.7 ha55.9
2. What is the purpose of the proposal?The subject property is owned by 2 brothers - Clement Morton and Robert Morton. Jackfish Lake Road divides the subject property - naturally creating 2 parcels. Clement Morton and Robert Morton would like the subject property subdivided into two parcels - one foreach of the brothers. Both Clement and Robert would like to own their own parcel of land so that they can add their respectiveson's names to their individual parcels. The subject parcel has been owned by Clement, Robert and their mom, Lavina Helen Morton since 1975. When their mother, Lavina, died, Clem and Robert became joint owners of this property (see attachedTitles ). The brothers, Clem and Robert, would each like to have their own parcel - they would like the land to stayin the family. By dividing the subject property into two parcels, where it is naturally divided by JackfishLake Road, this will enable them to each take ownership of a parcel of land and pass on the lands to theirsons.
3. Why do you believe this parcel is suitable for subdivision?The subject parcel is divided by Jackfish Lake Road, creating a natural subdivision of the parent propertyinto 2 parcels.
4. Does the proposal support agriculture in the short or long term? Please explain.
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Robert Ernest Morton , Clement Jesse MortonApplicant:
Yes. This proposal allows 2 families to continue supporting agriculture both in the short term and in thelong term. The subject parcel is already split into two parcels by Jackfish Lake Road.
5. Are you applying for subdivision pursuant to the ALC Homesite Severance Policy? If yes, pleasesubmit proof of property ownership prior to December 21, 1972 and proof of continued occupancyin the "Upload Attachments" section.No
6. Describe any economic values you believe are applicable to the application as it applies to s.4.3 ofthe ALC Act.This application will allow 2 families to live rurally and to generate income from farming.
7. Describe any cultural values you believe are applicable to the application as it applies to s.4.3 ofthe ALC Act.This application keeps agricultural land in the family, allowing 2 families to pursue farming operationsand to enjoy the activities of a rural residential lifestyle, following a tradition of passing along the familyfarmland to the next generation. This site will not impact farming operations in the area as the parentparcel is already divided by Jackfish Lake Road.
8. Describe any social values you believe are applicable to the application as it applies to s.4.3 of theALC Act.This application allows 2 families to continue the farming tradition. It ensures that local rural familiesremain in the area and continue to enjoy the pursuits of a rural lifestyle.
9. Describe any regional and community planning objectives you believe are applicable to theapplication as it applies to s.4.3 of the ALC Act.This application will not affect the surrounding area nor will it impact farming operations in the area asthe application will make 2 adequately sized parcels from the naturally imposed boundary of JackfishLake Road.
Applicant Attachments
Agent Agreement - Aspen Grove Property ServicesOther correspondence or file information - Crown GrantOther correspondence or file information - Freehold TransferProposal Sketch - 58497Other correspondence or file information - Subject parcelOther correspondence or file information - Subject and surrounding land usesOther correspondence or file information - DL 2640 - Google Earth imageOther correspondence or file information - Cultivated areaCertificate of Title - 014-848-406
