PDS 21-2015, ALC Application 1918 Mt. Lehman RoadTo: From:
COUNCil REPORT
Executive Committee
Subject: Agricultural Land Commission application to permit a non-farm use on the property located at 1918 Mt. Lehman Road (Owner: 0917451 BC Ltd; Harjinder Kaur Shergill & Kulvir Kaur Dhillon)
RECOMMENDATION
THAT application 3040-20/A14-002, to permit a non-farm use on a portion of the property located at 1918 Mt. Lehman Road, be denied and not forwarded to the Agricultural Land Commission.
SUMMARY OF THE ISSUE
An Agricultural Land Commission (ALC) application, for a non-farm use in the Agricultural Land Reserve (ALR), has been received to permit 0.80ha (2ac) of a 4ha (9.9ac) property for construction of a work shop for the owner to work on his own trucks and for truck parking for a truck parking business. The proposed location within the property is along Mt. Lehman Road, at the west end of the property. The remainder of the property is currently being used for blueberry farming (see Figures 1-3).
Council must determine whether or not the application should be allowed to proceed forward to the ALC; and if forwarded, whether to provide additional comment.
BACKGROUND
Owner: 0917451 BC Ltd; Harjinder Kaur Shergill & Kulvir Kaur Dhillon
Applicant: Lee Mackenzie, Greenline Management Ltd
Legal Descriptions: Lot 3 Except: Parcel "B" (Statutory Right of Way Plan 7577); Section 13 Township 13 NeiwWestminster District Plan 1747
OCP Designation: Industrial Reserve and Agricultural
Existing Zoning: Agricultural One Zone (A 1)
Other: ALR, Outer Surface Flight Path, Aquifer
Lot Area: 4.0 hectares (9.9 acres)
L:\A14\A14-002\Council Report\Report No PDS 021-2015.docx
Report No. PDS 021-2015 Page 2 of 5
Proposed Non-Farm Use Area: 0.80 hectares (2.0 acres)
Site Description: The property is relatively flat and contains a single family dwelling and an out building. The remainder of the property is used for blueberry farming.
Surrounding Uses: N: Agricultural use, small fruits (zoned A 1);
Soil Capability:
DISCUSSION
S: Agricultural use, small fruits (zoned A 1); E: Single family dwelling (zoned A 1); W: Mt. Lehman Road and single family dwellings and recreational &
cultural buildings beyond (zoned A 1)
Unimproved rating: 60% is class 4 and 40% is class 3; and Improved rating: 60% is class 3 and 40% class 1.
1. The property is located within the ALR and is designated as 'Industrial Reserve' on Map No. 2b of the Official Community Plan (OCP). The Industrial Reserve designation means, "land in the Agricultural Land Reserve, pending a decision by the Agricultural Land Commission on their conditional exclusion from the Reserve".
The subject property was included in a City initiated ALR exclusion application associated with the City in the Country Plan (CICP) Report. In July 2005, the ALC carried a motion to defer decision on the ALR exclusion application for the Airport Reserve area, of which the subject property was included, pending discussion with the Abbotsford Airport Authority as to its long range plans for airport expansion and a review of a detailed plan from the Authority. Further review of the Industrial Reserve OCP designation will be completed during the OCP Update in order to determine an updated OCP designation for properties that were not given conditional approval by the ALC to be excluded from the ALR as part of the CICP process.
The property is also designated as 'Agricultural' in Map No. 2a of the OCP. The 'Agricultural' designation of the OCP means "land that is reserved for farming and for agri-industrial uses that serve and support agriculture".
If this application is forwarded to, and receives approval from the ALC, an OCP amendment application will be required to permit the proposed work shop and truck parking business on the property.
2. Current City policy as it relates to this application is based on the recommendations of the Abbotsford Agricultural Committee's 'Position Paper on Enhancing the Agricultural Economy', which was adopted by Council in July, 2003 and outlines a number of City­ related initiatives to strengthen agriculture in Abbotsford. Under the theme, protecting the agricultural resource base, it is recommended that City decision-making be based on "what is the net benefit to agriculture", rather than "no net loss to agricultural".
3. The applicant has provided a letter of intent (see Attachment A) outlining the rationale for making the non-farm use application, which seeks approval for a 0.80ha (2ac) portion of the property along Mt. Lehman to permit a truck parking business and to permit construction of a work shop to be used by the property owner for truck repair.
4. An inspection by Bylaw Services staff on January 10, 2015 confirmed that the property was in compliance with the City's Zoning Bylaw.
Report No. PDS 021-2015 Page 3 of 5
5. This application was presented to the Abbotsford Agricultural Advisory Committee (MC) on October 15, 2014. The Committee members noted that the proposed non-farm use would have no net benefit to agriculture and should be located on industrial or commercial zoned property. The MC recommended that the application to permit a non-farm use on the property located at 1918 Mt. Lehman Road be denied and not forwarded to the Agricultural Land Commission.
Rationale to Not Support the Application
6. The proposed non-farm application is inconsistent with the ALC Use, Subdivision and Procedure Regulations, the Official Community Plan, the Zoning Bylaw, the MC Position paper on Enhancing the Agricultural Economy, and the City's Agricultural Strategy. It is important that the City maintain consistency in its resolve to protect the integrity of agricultural land in the ALR. Approving the proposed non-farm use may result in the following consequences:
• setting an undesirable precedent for non-farm development in the ALR; • jeopardizing protection of agricultural land in the ALR for long-term food security,
and potentially increasing land speculation of ALR lands; and • the proposed business is categorized as industrial, and does not provide a "net
benefit to agriculture".
7. Strategy 4 of the City's Truck Parking Policy identifies the City's commitment to prioritize applications proposing new or expanded commercial truck parking facilities on properties designated in the OCP for Industrial or Commercial uses. However, the strategy does not support the use of lands within the ALR for commercial truck parking (see Attachment B), given that such a use would negatively impact agricultural land (i.e:, soil compaction, traffic, non-compliance with ALC regulations).
Referral Responses
8. The Ministry of Transportation and Infrastructure (MoTI) has concerns over the proximity of the subject site to the Mt. Lehman/Marshall Road intersection and the project's potential to increase truck traffic. If Council elects to support the proposal and the ALC concurs, a traffic study for the site will be required at time of rezoning. Until MoTI approves a completed traffic study, they do not support the application.
9. The Ministry of Agriculture expressed concerns regarding the proposal and does not support the non-farm use application, citing the following reasons:
• the non-farm use increases the cost of farmland for farming; • the non-farm use on 2 acres of the parcel occupies ~ of the parcel; and • this is a commercial use of the property that should be located in a commercial
area maintaining a level playing field with similar businesses.
10. The Environmental Coordinator notes that the proposed land use overlies the Abbotsford Aquifer which is a source of drinking water for the City of Abbotsford. As an unconfined aquifer (i.e. having no impermeable layer of earth above) the aquifer is vulnerable to existing and potential sources of pollution located on the land surface.
11. If this application is forwarded to, and receives approval from the ALC, rezoning and OCP amendment applications will be required to permit construction of a work shop and for a truck parking business on the property.
Report No. PDS 021-2015 Page 4 of 5
12. Council may consider one of the following options with regard to this application: (a) forward the application to the ALC with endorsement for support; (b) forward the application to the ALC with no comment; (c) forward the application to the ALC recommending denial; or (d) deny the application and not forward it to the ALC.
Communication Plan
Should Council decide to forward this application to the ALC, and it receives approval from the ALC, a rezoning and OCP amendment application will be required.
FINANCIAL PLAN IMPLICATION
IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION
The proposal is not consistent with the City's Official Community Plan and Zoning Bylaw.
SUBSTANTIATION OF RECOMMENDATION
An Agricultural Land Commission (ALC) application for a non-farm use in the Agricultural Land Reserve (ALR) has been received to permit a portion of the subject property to be used for construction of a work shop and for a truck parking business. Council must determine whether or not the application should be allowed to proceed forward to the ALC; and if forwarded, whether to provide additional comment.
Report No. PDS 021-2015 Page 5 of 5
It is important for the City to maintain consistency in its resolve to protect the integrity of agricultural land in the ALR. The proposed non-farm use application is inconsistent with the ALC regulations, the Official Community Plan, the Zoning Bylaw, the AAC Position paper on Enhancing the Agricultural Economy and the City's Agricultural Strategy. Approving the non­ farm use application may result in compromising established agricultural policies and initiatives. Staff recommends that this application be denied and not forwarded to the ALC.
Prepared . mes Bryndza Planner, Development Planning
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Attachments:
Figure 1: Location Plan Figure 2: Context Plan Figure 3: Proposed Non-Farm Use Area
Attachment A: Applicant Letter of Intent
DepartmenfHead Approval: ~ ~ Siri Bertelsen
General Manager of Planning & Development Services
Attachment B: Excerpt from Mayor's Task Force on Commercial Truck Parking
FIGURE 1 LOCATION ADDRESS: APPLICANT:
..a:.....~A ABBOTSFORD
1918 Mt. Lehman Road Greenline Management Ltd. Lee MacKenzie - Contact
Planning and Development Services
4::b:~A ABBOTSFORD
1918 Mt. Lehman Road Greenline Management Ltd. Lee MacKenzie - Contact
Planning and Development Services
..a.:...~A ABBOTSfORD
1918 Mt. Lehman Road Greenline Management Ltd. Lee MacKenzie - Contact
Planning and Development Services
3040-20 I A14-002
December 8, 2014
FIGURE 3 PROPOSED NON-FARM USE AREA ADDRESS: 1918 Mt. Lehman Road APPLICANT: Greenline Management Ltd.
Lee MacKenzie - Contact
~~~"""'A December 8, 201 4 ABBOTSFORD Planning and Development Services
Attachment A
Land Development/Agricultural/Environment/ALR- Projects Permit Applications I Due Diligence Reports
·Permlt Specialists"
V3Y·1P2
Jan 23 2014
To: Michael Dickinson
: Eamonn Watson
ALC Planner
RE : 1918 Mt Lehman Rd .;tppJic~ji!m for_2_acre non· farm statu~
My client is applying for non· farm status use on 2 acres of his 10 acre property. The property is located in the Mt Lehman area where several small farms exist by the City of Abbotsford airport. This application is part of several other similar applications for non· farm use in the area.
The owner will use the non· farm status area of the property for the construction of a work shop. The work shop will be used to work on his own trucks. Part of the area will be used for truck parking for his business.
He has recently replaced all the approximate 7 acres of raspberries with blueberries on the remaining portion of his property. The raspberries were not producing.
The 2 acre area will be located at the front of the property of his property.
The area is well suited for non - farm use.
Thank You
Lee Mackenzie
Project Manager
(Dat:ed August, 2011)
Identifying specific options and areas in Abbotsford was the first step towards developing an effective commercial truck parking strategy. To accomplish this task, the following options were identified through:
• Insight from the Task Force members, and City staff; • Information and advice obtained through discussion with other communities; and • Two public meetings held on September 1, 2009 and May 31, 2011 (Appendix D).
Fifteen specific options were identified and assessed. All of the options and their evaluations are summarized in Appendix B.
4. Strategy Recommendations
From the options identified and assessed, the recommendations of the Task Force include:
1. The City will commit to fast track all development applications for new or expanded commercial truck parking facilities on properties designated in the Official Community Plan (OCP) for Industrial or Commercial uses and are not located within the Agricultural land Reserve (ALR).
The City's Economic Development and Planning Service's "Strategic Projects Team" will be assigned any dev~lopment applications received. These applications will receive the highest priority for application processing by the City. In addition, variances to the City Bylaws will be examined, to expedite and reduce costs to develop commercial truck parking facilities, provided that all environmental approvals and protection of the environment, including ground water, is addressed.
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I Properties designated in the DC? for Industrial Business uses and located within the City in the Country Plan (elep) areas approved by the Agricultural Land Commission (AlC) for industrial use are supported for commercial truck parking. Long term sites requiring rezoning and short term proposals requiring a Temporary Use Permit will be supported, subject to all technical feasibility and environmental protection requirements being in place.
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The use of lands within the Agricultural Land Reserve (ALR) is not supported. Truck parking is currently II
permitted in the ALR limited to trucks that are a part of the normal farm operation on the site. In addition, in 2006, the City amended the Zoning Bylaw to permit a maximum of two comme~iaJ...trocKs;"~ I provided that one of the trucks is owned by a resident of the property, the trucks are regist~ in BC, and !
the trucks are not used for hauling solid waste, sewage, hazardous materials or dangerous goods.
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FIGURE 1 LOCATION
Attachment B - Excerpt of the Truck Parking Policy