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Printed on: __________________________________ ____________________________ 03-Apr-12 1:41:28 PM Department Head CAO Report prepared by: Jodi MacLean, Land Use Planner

PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

OCP/ZONING AMENDMENT REPORT BY-LAW NO. 2001 & 2003, 2012

1st and 2nd Reading OWNER: Reg & Sylvia Foster DATE: March 12, 2011AGENT: Mackeno Ventures (James Little) AREA: Electoral Area C LEGAL: SW¼ Section 22, Township 84, Range 20, W6M, PRD LOT SIZE: 64 ha (157 acres) LOCATION: TEA CREEK

PROPOSAL Rezone to allow subdivision of the quarter-section into four 8 ha (20 acre) and two 16 ha (40 acre) lots.

RECOMMENDATION: OPTION 4 THAT the Regional Board refuse the application on the basis that the North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009, does not support identifying new areas for residential development.

OPTIONS OPTION 1: THAT the Regional Board has considered the requirements of s. 879 of the Local Government Act, and

has provided opportunity for early and ongoing consultation with those persons, organizations and authorities the Board considers will be affected, as summarized in the Development Services report dated March 12, 2012;

THAT the Regional Board approve Official Community Plan Amendment By-law No. 2001 and Zoning Amendment By-law No. 2003, 2012 for 1st and 2nd Reading which amends the North Peace Fringe Area Official Community Plan By-law No. 1870, 2009 by re-designating SW¼ Section 22, Township 84, Range 20, W6M, PRD, from “Agriculture” to “Low Density Residential” and the zoning on the same property in PRRD Zoning By-law No. 1343, 2001, from A-2 “Large Agricultural Holdings” to R-6 “Residential 6”.

THAT a public hearing be authorized to take place at the Charlie Lake Community Hall in Charlie Lake, BC on April 17, 2012 at 7 pm; and

THAT the holding of the public hearing be delegated to Director Hadland.

OPTION 2: THAT the Regional Board postpone the application to a later meeting to be scheduled after the Agricultural Land Commission reviews the ALR Subdivision application.

OPTION 3: THAT the Regional Board postpone the application to a later meeting to be scheduled after the Agricultural Land Commission reviews the ALR Subdivision application, and

THAT staff be directed to review the allocation of land within the North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009, in order to trade-off a similar amount of Low Density Residential designated land to the Agriculture designation.

OPTION 4: THAT the Regional Board refuse the application on the basis that the North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009, does not support identifying new areas for residential development.

Part 26 Participants. Includes all except District of Tumbler

Ridge.

File No. 33/2012

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SITE CONTEXT The subject property is located between Highway 29N and the Peace River. It is about 17 km (11 miles) northwest of Fort St. John along Highways 97 and 29 and about 1.1 km (0.7 miles) south of the highway, along 2863 Road. The surrounding land has areas of forested cover and open agricultural fields. There are some rural residential subdivisions across the road and to the east.

SITE FEATURES LAND: The quarter-section is mostly forested that slopes 20 m (according to the survey submitted by the

applicant) down westwards, from the western end to the southeast corner. There is a ~16 acre field on the far western end along 283 Road.

STRUCTURES: There is one homesite in the northwest corner. ACCESS: The subject property has road access to 283 Road. CLI SOIL RATING:

According to the Canada Land Inventory, the property has Class 5C soils. The applicants had the soils re-assessed by a professional agrologist (Jim Little, P.Ag.) who placed the western 11 ha (27 acres) as Class 5SP soils and the remainder as Class 6 -5 . 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 C denotes an adverse climate; T denotes a limitation due to topography; P denotes stoniness; and S denotes a combination of subclasses.

FIRE: The subject property is within the Charlie Lake Fire Protection Area.

CONSULTATION DURING OCP DEVELOPMENT, LGA s. 879

For the purposes of s. 879 of the Local Government Act, the following table summarizes recommended consultation:

Description Affected Consultation Type Timing Frequency

Persons Local residents N NA Organizations None identified N NA Authorities Participant Municipalities

First Nations School District #60 Northern Health Authority Min. of Transportation Min. of Environment Min. of Agriculture Min. of Forests & Lands Min. of Energy Min. of Nat. Resource Op. OGC ALC Federal government

Y N Y

Y Y N Y N Y N N Y N

Referral

Referral

Referral Referral

Referral

Referral

Referral

Before 1st reading

Before 1st reading

Before 1st reading Before 1st reading

Before 1st reading

Before 1st reading

Before 1st reading

1

1

1 1

1

1

1

File No. 33/2012

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COMMENTS AND OBSERVATIONS

APPLICANT: It is the intent of the landowners to subdivide the quarter to sell low-density rural residential lots.

ALR: The subject property is within the Agricultural Land Reserve. The application for subdivision within the ALR was reviewed by the Regional Board on March 8 and forwarded to the Agricultural Land Commission.

OCP: Pursuant to the North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009, the subject property is designated “Agriculture”. This designation has a minimum parcel size of 63 ha (155 acres). The proposal to create multiple lots under this minimum size requires an amendment to the OCP.

An objective of the proposed Residential designation is to “direct residential subdivision to areas designated HDR, MDR, LDR and Settlement Centres before considering any new areas not identified in this Plan” (Section 4.2.3 Residential Areas: Objectives).

A broad policy (Section 1.5.2 Policy 9) in the OCP is:

This application effectively identifies a new area for future growth in addition to the other areas that have been identified for growth in the OCP, thereby contributing to sprawl.

ZONING: The subject property is zoned A-2 (Large Agricultural Holdings) pursuant to PRRD Zoning Bylaw No. 1343, 2001, which has a minimum parcel size of 63 ha (155 acres). The proposal to create a multiple lots under this minimum size requires a re-zoning.

BUILDING ENCROACHMENT:

One of the proposed new parcel lines cuts through the existing driveway and, according to the airphotos, comes very close to the existing house. This building encroachment would have to be resolved before the subdivision could be approved by the Approving Officer.

IMPACT ANALYSIS AGRICULTURE: The proposed lot configuration would divide the existing pasture field amongst the lots.

CONTEXT: There is similar development across the road, along 283 Road.

POPULATION: The proposed subdivision would likely increase the local population by 15 people and 10 vehicles.

File No. 33/2012

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ALR SUBDIVISION REPORT MAPS

FILE NO. 33/2012

North Peace Fringe Area Official Community Plan 1870, 2009 (Map Index)

PRRD Zoning Bylaw 1343, 2001 (Map 2-A)

� N

� N

File No. 33/2012

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ALR SUBDIVISION REPORT MAPS

FILE NO. 33/2012

Agricultural Land Reserve (Map #94A-025)

CLI-Soil Classification (Map #94A-06)

� N

� N

File No. 33/2012

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ALR SUBDIVISION REPORT

MAPS FILE NO. 33/2012

Air Photo

2 )u/; 20/2MACKENO VENTURES

Div of Company #588255 B.C. LTD.KASKADEENA KENNELS

Margaret & Jim LittleS.S. #2, Site 13, Comp. 23

Fort St. John, B.C. V1J 4M7Cell: 250-262-7840Phone: 250-785-5365Fax: 250-785-5353Email: jalittle(2awink.com Sand & Gravel

GST #866491277RT0001 Mackeno Ventures File# Foster

February 19, 2012 PRRD file: to be assignedALC File #to be assigned

Peace River Regional DistrictBox 810 Alaska Avenue9505 — 100th Avenue,Fort St. John, BCV1G4H8Attention: Owen Bloor, Land Use Planner

Re: Application by Reginald Francis Foster & Sylvia Mavis Foster for a subdivisionwithin the ALR on SW ¼ Sec 22 Twp 84 Rge 20 W6M PRD.

Owen, I have completed the application as was reviewed with you on February 17, 2012.

Please find attached the following information:

1. Application for Development which includes an OCP amendment and ZoningAmendment, In addition the fee for Sign is included with the application fees fora total of $1,200.00.

2. Application by a Land Owner to Subdivide Land within the ALR. This includesmy report reclassifying the ¼ section downwards from the current classificationof 5C to 5SP for the West 11 hectares to 6 71T —5 3/SP for the remaining 53.3hectares. This report has been signed and sealed by James Little P.Ag.Application fees of $600.00 are included with this application.

Thank you for your assistance on this application.

Yours sinceely,

Jdnes Little F, P.Ag., AACIPc: Reginald Francis Foster & Sylvia Mains Foster

Cc: ALC-Gordon BednardzCc: Arthur Hadland, Director of Electoral Area “C”

I.,

PEACE RIVER REGIONAL DISTRICT

Box 810, 1981 Alaska Avenue, 9505— lOOm Street,Dawson Creek, BC VIG 4H8 Fort St. John, BC V1J 4N4Telephone: (250) 784.3200 Telephone: (250) 785.8084Fax: (250)784.3201 Fax: (250)785.1125

Toll Free: 1.800.670,7773

1.

C

Application förDevelopment

Official Community Plan Amendment

Zoning Amendment

Receipt #:

_________

FEES

$1,000.00

$ 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:

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 beissued upon return of the sign to the Regional District.

2. Please printProperty Owner’s Name Authorized Agent of Owner(If applicable):Reginald Francis Foster & Sylvia Mavis Foster James Little

Address of Owner Address of AgentSS 2 Site 12 Comp 26 SS 2 Site 13 Comp 23

City/Town/Village City/Town/villageFort St. John, BC Fort St. John, BC

Postal Code: V1J 4M7 Postal Code: V1J 4M7Telephone Number: (250)329-5210 Telephone Number: (250)785-5365Fax Number: (250)250-785-6823 (call first) Fax Number: (250)785-5353e-mail address: e-mail address: February 19, 2012accounts@peacecountryrefltals.com

I

CC

$ 150.00

iLJ1iiIUi1L1(J11 ior ueveloomentPage 2

Full Legal description of each property under application Area of each lot

SW ‘fl Sec 22 Twp 84 1ge 20 W6M PRD 64.3 ha./acresha./acresha./acresTotal area

64.3 ha./acres

Civic address or location of property: Legal SW ¼ Sec 22 Twp 84 Rge 20 W6M PRD5. Particulars of proposed amendment

X Official Community Plan (OCP) amendment

Existing OCP designation: AgricultureProposed OCP designation: Low Density ResidentialText amendment:

X For a Zoning amendment

Existing zone: A 2Proposed zone: R 6Text amendment:

C Development Variance Permit: - describe proposed variance request:

C Temporary Commercial Use Permit — (describe proposed variance request:

C Temporary Industrial Use Permit: (describe proposed use):

C For a Development Permit: By-law No. Section:

6. Describe the existing use and buildings on the subject properties:Homesite with a small pasture. 80 % of the area has been partially logged andundeveloped area is steeply sloped. This area is not considered to be arable. Property isfenced.

7. Describe the existing land use and buildings on all lots adjacent to and surrounding the subjectproperty:

a) North —4 MDR Lots and remainder. Has some cultivation but the east ‘/2 ofthe remainder is reverting to brush. Homesite is also located on this ¼sectionb) East — Hobby Ranch property with many small fields used for pasture.Ranch headquarters accesses Road 281.c) South — This ¼ is steeply sloping land with Homesite on NW corner.d) West - 10 MDR lots with a remainder. Remainder is non-arable land.

8. Describe the proposed development of the subject property; attach a separate sheet ifnecessary: Industrial Camp to house construction workers for Spectra Energy Plant. Anoutline of the proposed camp is attached to this application.

Application for DevelopmentPage 3

9. Reasons and comments in support of the application, attach a separate sheet if necessary:Applicants purchased land in October 1997 with plan to subdivide. Zoning and OCP in1997 identified this area as suitable for subdivision and was/is known as Tea CreekRidge. Proposed plan is to subdivide area as outlined and retain homesite.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] forthe subject property or properties. Certificate of Title included

2. A Sketch Plan of the subject property, showing:• the legal boundaries and dimensions of the subject properties• boundaries, dimensions and area of any proposed lots. (if subdivision is being proposed);proposed subdivision plan is included.• the location of permanent buildings and structures on the subject property, with distancesto property lines; Ortho photo outlines existing buildings• the location of any existing sewage disposal systems; Sewage lagoon in place for existingresidence.• the location of any existing or proposed water source; Existing residence has a waterwell. Residents in this vicinity use a variety of wells and cisterns for water supply.3. Additional or more detailed information may be requested by the Regional District followingreview of your application.

IlWe hereby declare that the information provided in this application is, to true best for my/ourknowledge, true and correct in all respects, and I/we enclose the required fee with this application.Signature of Owner/s: 1

Signature of Owner/s:Date:

Agent’s Authorization: See attached authorization statements.Should the property owner’s elect to have someone act on their behalf in submission of this application,the following must be singed by all property owners.We/ Reginald Francis Foster & Sylvia Mavis Foster hereby authorize(name) James Little of Mackeno Ventures to act on my/our behalf in respect of this application.Address of agent: SS 2 Site 13 Comp 23, Fort St. John, BC VIJ 4M7Telephone: (250)785-5365 Fax: (250)785-5353 Email: jalittle@awink.com

SEE Attached Authorization for James Little RPF, P.Ag., AACI

_______________________

Agent for Reginald Francis Foster & Sylvia Mavis Fosterignature of Agent Date: February 19, 2012James Little RPF, P.Ag., AACI

bclafldritle Survey

The Onhne Cadastre ApI.cat.or’ is one4by the t,nd ‘te & Surty A.Jtorty oItish Columb.a accordng to an operstinagreement ntt’ the Prov.rce oCoumbsa.

\/erson 1.3

BK AS.c 10. TP4. Rg. 20 i1• p

1c,eel. 58 iTrNt2l’4 trW

_________

—______

+

10201 -17th street, Dawson Creek, BC TRYQtANOTES:

[

oinei Pian Pmpared 2012102/15

Tryon Land Surveying Ltd. 4S.W. 114 SECTION 22, TOWNSHIP 84, RANGE 20, W6.M.j -MDimensionsareinmetresanddecjmalsthereof. PROPOSED SUBDIVISION OF

VIG 4C Ph. 250-782-5888 PROFESSiONAL

PEACE RIVER DISTRICTRev R.vlcnDew5oe Deii4WnVd) v: TRYONt1Ie: 12-035

GROUP

REMAINDERN. W 1/4 SECTiON 22

0 100 200

Seal.: 1:3,000

+

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0 100 200

Scals: 1:3,000

NOTES: I PROPOSED SUBDIVISION OF I I - 17th street Dawson Creek, BCI Tryon Lafld Surveying Ltd.TRYQ.tJ.,- All DimensIons are in meires and decimals thereof. I

S.W. 114 SECTION 22, TOWNSHIP 84, RANGE 20, W.6M.I V1G 403 Ph. 250-782-5668 PROFESSIONAL

PEACE RIVER DISTRICT U Or44naPIevPrepeffid 2012/02115TRYON file: 12-035

GROUP

Rev R.vl/ri D.eatUon Di(v/rrJd) 8v

PEACE RIVER REGIONAL DISTRICT

By-law No. 2001, 2012 A by-law to amend the "North Peace Fringe

Area Official Community Plan By-law No. 1870, 2009."

WHEREAS, the Regional Board of the Peace River Regional District did, pursuant to the Province of British Columbia Local Government Act, adopt the "North Peace Fringe Area Official Community Plan By-law No. 1870, 2009"; AND WHEREAS an application has been made to amend the "Peace River Regional District Zoning By-law No. 1343, 2001" to facilitate an associated rezoning use affecting the SW ¼, Section 22, Township 84, Range 20, W6M, PRD;

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 the "North Peace Fringe Area Official Community

Plan Amendment By-law No. 2001, 2012.”

2. The “North Peace Fringe Area Official Community Plan By-law No. 1870, 2009” is hereby amended in the following manner:

i) Schedule B, Map 3 is hereby amended by redesignating the SW ¼ Section 22, Township 84, Range 20, W6M, PRD from “Agricultural” to “Low Density Residential”, as shown shaded grey on Schedule “A” which is attached to and forms part of this by-law.

READ A FIRST TIME this day of , 2012. READ A SECOND TIME this day of , 2012.

Public Hearing held on the day of , 2012. READ A THIRD TIME this day of , 2012.

ADOPTED this day of , 2012.

CERTIFIED a true and correct copy of "North Peace Fringe Area Official Community Plan Amendment By-law No. 2001, 2012." Faye Salisbury, Corporate Officer

THE CORPORATE SEAL of the Peace River Regional District was hereto affixed in the presence of: Karen Goodings, Chair Faye Salisbury, Corporate Officer

22

SubjectProperty

TP84 R20 W6M

Peace River Regional DistrictBy-law No. 2001, 2012

SCHEDULE "A"

CERTIFIED a true and correct copy ofSchedule "B" to "North Peace FringeArea Official Communtiy AmendmentBy-law No. 2001, 2012."

_____________________________Faye Salisbury, Corporate Officer

Map. No. 3 - Schedule 'B' of "North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009" ishereby amended by redesignating the Southwest 1/4 of Section 22, Township 84, Range 20, W6M, PRDfrom "Agricultural" to "Low Density Residential" as shown shaded on the drawing below:

PEACE RIVER REGIONAL DISTRICT By-Law No. 2003, 2012

A by-law to amend the “Peace River Regional

District Zoning By-Law 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 the “Peace River Regional District Zoning By-Law 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 By-Law No. 2003, 2012." 2. The “Peace River Regional District Zoning By-Law No. 1343, 2001" is hereby

amended in the following manner: i) Schedule ‘A’ – Map 2 is hereby amended by rezoning the SW 1/4 Section 22,

Township 84, Range 20, W6M, PRD from A-2 “Large Agricultural Holdings Zone” to R-6 “Residential 6 Zone”, as shown shaded grey on Schedule “A” which is attached to and forms part of this by-law.

READ a FIRST TIME this day of , 2012. READ a SECOND TIME this day of , 2012. Public Hearing held on the day of , 2012. READ a THIRD TIME this day of , 2012. ADOPTED this day of , 2012. CERTIFIED a true and correct copy of "Peace River Regional District Zoning Amendment By-law No. 2003, 2012." Faye Salisbury, Corporate Officer

THE CORPORATE SEAL of the Peace River Regional District was hereto affixed in the presence of: Karen Goodings, Chair Faye Salisbury, Corporate Officer

22

SubjectProperty

TP84 R20 W6M

Peace River Regional DistrictBy-law No. 2003, 2012

SCHEDULE "A"

CERTIFIED a true and correct copy ofSchedule "A" to "Peace River RegionalDistrict Zoning Amendment By-lawNo. 2003, 2012."

_____________________________Faye Salisbury, Corporate Officer

Map. No. 2 - Schedule 'A' of "Peace River Regional District Zoning By-law No. 1343, 2001" is herebyamended by rezoning the Southwest 1/4 of Section 22, Township 84, Range 20, W6M, PRD from A-2"Large Agricultural Holdings Zone" to R-6 "Residential 6 Zone" as shown shaded on the drawing below: