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Printed on: __________________________________ ____________________________ 02-May-12 1:39:57 PM Department Head CAO Report prepared by: Jodi MacLean, Land Use Planner

PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

REPORT ON EXCLUSION FROM THE AGRICULTURAL LAND RESERVE (ALR)

FILE NO. 64/2012

OWNER: Robert & Andrea Zieglgansberger DATE: April 27, 2012 AGENT: Tryon Land Surveying Ltd. AREA: Electoral Area D LEGAL: Parcel A (P42731) District Lot 247, PRD LOT SIZE: 19 ha (48 ac) LOCATION: Swan Lake

PROPOSAL To exclude the property from the Agricultural Land Reserve to facilitate its subdivision for residential development.

RECOMMENDATION: OPTION 3 THAT the Regional Board refuse authorization for the application, as submitted, to proceed to the Agricultural Land Commission on the basis that it is not consistent with the Official Community Plan or zoning bylaws. OPTIONS OPTION 1: THAT the Regional Board support and authorize the application to proceed to the Agricultural Land

Commission on the basis that the proposal is consistent with the character of the area.

OPTION 2: THAT the Regional Board authorize a public information meeting take place at the Tupper Community Hall regarding the proposal; and

THAT Director Hiebert be authorized to attend the public information meeting.

OPTION 3: THAT the Regional Board refuse authorization for the application, as submitted, to proceed to the Agricultural Land Commission on the basis that it is not consistent with the Official Community Plan or zoning bylaws.

LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): Agriculture-Rural Resource, By-law No. 477, 1986 ZONING: A-2 (Large Agricultural Holdings), By-law No. 1343, 2001 AGRICULTURAL LAND RESERVE (ALR): Within BUILDING INSPECTION AREA: Within

SITE CONTEXT The subject property is on the east side of Swan Lake, between the lake and the Alberta border. It is about 33 km south of Pouce Coupe, along Highway 2 (to the south end of the lake) and 201 Road (north to the property). While most of the east side of the lake has hills, this area near the southern end is more flat but generally drains towards the lake.

SITE FEATURES LAND: The subject property has lake frontage along its western edge. It has a ~17 acre field bisected by a

driveway, with the remainder of the property being forested. STRUCTURES: One homesite.

ALL MEMBERS PARTICIPATE

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ACCESS: 201 Road. SOIL: Class 4X. Class 4 soils have severe limitations that restrict the range of crops or require special

conservation practices. Subclass X denotes a limitation resulting from the cumulative effect of two or more adverse characteristics

FIRE: Within the Tomslake Rural Fire Protection Area.

PREVIOUS APPLICATIONS – SUBJECT PROPERTY NONE OF FILE

PREVIOUS APPLICATIONS – PROPERTIES WITHIN 100 M

APPLICANT: Peter Collins (south of subject property) LEGAL: District Lot 248, PRD PROPOSAL: To subdivide the property to create eighteen ~4.5 acre lots. DECISION: June 1978 – ALC refused application by Resolution #8861/78 APPLICANT: Tradewind Holdings Ltd. (south of subject property) LEGAL: District Lot 248, PRD PROPOSAL: To develop a 30 unit campground complex with concession stand, playground, pitch-and-putt

course, over 35 ha (87 acres) of land. DECISION: September 1982 – ALC refused application by Resolution #1745/82

APPLICANT: Rudolf & Hildegard Huette (north of subject property) LEGAL: N½ District Lot 247, PRD PROPOSAL: To subdivide the property to create twelve ~4.5 acre lots. DECISION: December 2000 – ALC approved application by Resolution #627/2000

COMMENTS AND OBSERVATIONS

APPLICANT: It is the intent of the landowner to create a subdivision consisting of 18 strata lots for residential purposes (see attached land survey).

ALR: The subject property is situated within the Agricultural Land Reserve. Therefore, Agricultural Land Commission approval is required. The applicant has applied for exclusion and submitted copies of the required notification and advertisements.

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. 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: Pursuant to the Dawson Creek Rural Area Official Community Plan Bylaw No. 477, 1986, the subject property is designated “Agriculture – Rural Resource”. The minimum parcel size in this designation is 63 ha (155 acres). The proposal is not consistent with the Official Community Plan.

ZONING: The subject property is zoned A-2 (Large Agricultural Holdings) pursuant to PRRD Zoning Bylaw No. 1343, 2001. The minimum parcel size in this zone is 63 ha (155 acres). The proposal is not consistent with the zoning bylaw.

LAKESHORE DEVELOPMENT GUIDELINES:

The PRRD Lakeshore Development Guidelines classifies Swan Lake as a ‘Limited Development Lake’. The guideline states “the purpose of this classification is to maintain a majority of undeveloped lakeshore areas which is necessary to sustain existing environmentally sensitive areas and wildlife habitat.” (see Appendix I)

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PERIMETER DEVELOPMENT:

‘Limited Development Lake’ classification comes with a recommended maximum perimeter development of 30%. Swan Lake currently has 26% of its perimeter developed or approved for development already. The proposed 10 lots, as surveyed in the application, would add 3% to the perimeter development.

LIMITED DEVELOPMENT LAKE GUIDELINES:

Guideline 1: Development proposals are encouraged to be planned…in accordance with the General Development and Subdivision guidelines of Section 8. Guideline 2: Developers are encouraged to submit a development plan demonstrating that the proposal would not negatively impact adjacent land uses, water quality and shore zone resources. Guideline 3: Development plans may be considered when the zoning requirements of the Regional District are met along with positive responses from the relevant provincial agencies. Guideline 4: If, in the opinion of the Regional District and provincial agencies, a development proposal would negatively impact water quality, shore zone environment, or is seen to be out of character with the existing land uses, then that proposal may be rejected.

As suggested by Section 8, the design uses a community sewage system to service multiple lots and uses already cleared land (rather than clearing new land along the lake). However, Section 8 also suggests a minimum of 55 metres parcel frontage per lot which this proposal does not include. Such a plan has not been submitted as part of this ALR Exclusion application. This application seeks the support of the ALC for a non-farm use (via exclusion from the ALR). If approved by the ALC, a re-zoning process will be required. Similar to development previously approved on the east side of Swan Lake, this proposed land use consists of rural residential lakefront properties. However, the density of the proposed ten new lots directly along the lakeshore, with less than 55 metres of frontage, may erode the shore zone environment.

IMPACT ANALYSIS AGRICULTURE: The subdivision of the land would reduce its agricultural potential.

CONTEXT: Swan Lake has residential development on its western side, in the community of Tupper. On its eastern side, residential lots have been approved within the last couple years, though most have yet to be created. The proposed use of the new lots, for residential purposes, is consistent with the character of this side of the lake, not their density is much higher than other development.

POPULATION & TRAFFIC:

The proposed 18 lots would likely increase the local population by ~44 people (using Electoral Area D’s 2.4 people per dwelling from Stats Can 2011) and 36 vehicles (estimating 2 vehicles per lot).

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ALR EXCLUSION REPORT MAPS

FILE NO. 64/2012

Dawson Creek Rural Area Official Community Plan Bylaw No. 477, 1986 (Map 5)

PRRD Zoning Bylaw No. 1343, 2001 (Map B-17)

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ALR EXCLUSION REPORT MAPS

FILE NO. 64/2012

Agricultural Land Reserve (Map #93P-060)

CLI-Soil Classification (Map #93P-09)

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ALR EXCLUSION REPORT

MAPS FILE NO. 64/2012

Air Photo

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ALR EXCLUSION REPORT APPENDIX

FILE NO. 64/2012

Appendix I. PRRD Lakeshore Development Guidelines

A

APPLICATION BY LAND OWNER

NOTE: The information required by this form and the documents you provide with it are collected to process your application under theAgricultural Land Co,nmission Act and regulation. This information will be availablefor review by any member ofthe public. Ifyou haveany questions about the collection or use ofthis information, contact the Agricultural Land Commission and askfor the staffmember whowill be handling your application.

TYPE OF APPLICATION (Check appropriate box)

IXI EXCLUSION LI SUBDIVISION in the ALRunder Sec. 30(1) of the Agricultural Land Commission Act under Sec. 21(2) of the Agricultural Land Commission Act

LI INCLUSION LI Non-farm USE in the ALRunder Sec. 17(3) of the Agricultural Land Commission Act under Sec. 20(3) of the Agricultural Land Commission Act

APPLICANT

Registered Owner: Agent:BOB & ANDREA ZIEGLGANSBERGER BRIAN ELLIOTT, TRYON LAND SURVEYING LTD.Address: Address:RR#2, SITE 9, BOX 24 10201 17TH STREET

GRANDE PRAIRiE, ALBERTA DAWSON CREEK, BCPostal Code Postal CodeT8V2Z9 V1G4C3

Tel. (home) (780) 539-3877 (cell) (780) 518-0158 Tel. (250) 782-5868Fax () Fax (250) 782-6029E-mail E-mail belliotttryongroup.ca

LOCAL GOVERNMENT JURISDICTION (Indicate name ofRegional District or Municipality)

PEACE RIVER REGIONAL DISTRICT

LAND UNDER APPLICATION (Show land on plan or sketch)

Title Number Size of Each Parcel Date of Purchase(Ha.) Month Year

U39201 20.35ha NOVEMBER 1984

** The area that we request be removed from the ALR isonly the portion being subdivided, 5.85ha.

OWNERSHIP OR INTERESTS IN OTHER LANDS WITHIN THIS COMMUNITY(Show information on plan or sketch)

Ifyou have interests in other lands within this community complete the following:

Title Number(s): NOT IN THIS COMMUNITY.

PROPOSAL (Please describe and show on plan or sketch)

CURRENT USE OF LAND (Show information on plan or sketch)

List ll existing uses on the parcel(s) and describe all buildings

SUMMER RESIDENCE OF THE OWNERS.

* * Photos ofthe site can be provided on request.

USES ON ADJACENT LOTS (Show information on plan or sketch)

North

East

South

West

WOODED

ALBERTA (WOODED)

WOODED

SWAN LAKE

DECLARATION

I/we consent to the use of the information provided in the application and all supporting documents to process the applicationin accordance with the Agricultural Land Commission Act and regulation. Furthermore, I/we declare that the informationprovided in the application and all the supporting documents are, to the best of my/our knowledge, true and correct. L/weunderstand that the Agricultural Land Commission will take the steps necessary to confirm the accuracy of the informationand documents provided.

O1iø2Date

Date

Date

Signature of Owner or Agent Print Name

Signature of Owner or Agent Print Name

Signature of Owner or Agent Print Name

Please ensure the following documents are enclosed with your application:

• Application fee payable to the Local Goverument• Certificate of Title or Title Search Print• Agent authorization (if using agent)

• Map or sketch showing proposal & adjacent uses• Proof ofNotice of Application *(See instructions)• Photographs (optional)

The proposal is to subdivide the property to create 18 additional, smaller residential lots on a portion of the property.The proposed lots range in size from O.l3ha to O.25ha and will be serviced by a community septic system, 1-2 waterwells feeding a low pressure water line, and hydro service. The remainder of the property (approx. 14.5ha) will beretained by the current owners as their summer residence. The area that we request be removed from the ALR isonly the portion being subdivided, approximately 5.85ha.

A preliminary analysis of the site indicates a septic field of O.76ha will be required. As the application processproceeds, a thorough site analysis of the site may determine that the sizing of the sewage lagoon may change.