REPORT

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To: Chair and Directors Date: April 30, 2019

From: Michael Blatz, North Peace Land Use Planner

Subject: Application for Exclusion from the ALR, PRRD File No. 19-077

OPTIONS: [Corporate Unweighted]

1. That the Regional Board support ALR Exclusion application 19-077 (ALC File 58822), to exclude 3.54 hectares (8.75 acres) and include 4.10 hectares (10.13 acres) of PID 009-627-359, and authorize the application to proceed to the Agricultural Land Commission.

2. That the Regional Board refuse authorization of ALR Exclusion application 19-077 (ALC File 58822), to exclude 3.54 hectares (8.75 acres) and include 4.10 hectares (10.13 acres) of PID 009-627-359, to proceed to the Agricultural Land Commission.

BACKGROUND/RATIONALE:

ProposalTo exclude 3.54 hectares (8.75 acres) from and include 4.10 hectares (10.13 acres) of PID 009-627-359 in the Agricultural Land Reserve. The owners have an established trucking operation in the area proposed to be excluded from the ALR. They also propose to include an area of pasture land on the same property in exchange, resulting in a net gain of 0.56 hectares (1.38 acres) of land in the ALR.

File Details File No. 19-077 ALC ID. 58822 Owner: Michael & Suzanne Haab Agent: Prospect Land and Environmental Area: Electoral Area C Location: Baldonnel Legal: Southeast ¼ Section 12 Township 84 Range 18 W6M Peace River District PID: 009-627-359 Lot Size: 65.58 ha. (162.06 ac.)

Bylaw Enforcement (File No. 17-235) The PRRD’s Bylaw Enforcement Officer received a complaint regarding a trucking business operating on the subject property, contrary to Section 33 of PRRD Zoning Bylaw No. 1343, 2001. Upon investigation, the Bylaw Enforcement Officer found the complaint to be valid. The use is also in contravention of the Agricultural Land Commission Act and its regulations.

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May 16, 2019

Report – Exclusion from the ALR, PRRD File No. 19-077 April 30, 2019

Staff Initials: MB Dept. Head: CAO: Page 2 of 3

Official Community Plan (OCP) The property is designated Agriculture within PRRD North Peace Fringe Area Official Community Plan Bylaw No. 1870, 2009 (OCP). Section 3.1 of the OCP states the goal for agricultural areas is to “support agriculture as a primary industry within the NPFA and recognize it is a major component of the lifestyle and rural character of the fringe area and is a major contributor to the local economy. Primary agricultural lands are a precious commodity and are needed for food security.” Section 3.2.1 of the OCP states the objectives for land within this designation including:

(1) To support the general objectives of the Provincial Agricultural Land Commission, in preserving the agricultural land base for future food production and food security; and

(2) To maintain agriculture in the North Peace Fringe area as a primary economic resource activity and to direct subdivision and non-farm uses not complementary to agriculture, away from agricultural areas where impact to agriculture will be minimized.

Section 3.2.2 Policy 1 of the OCP states the principal uses for land within this designation will generally be limited to agriculture and uses which are compatible or complementary to agriculture. Section 3.2.2 Policy 2 of the OCP states that non-agricultural uses should be directed to appropriately designated areas, away from existing or potential agricultural areas. The property is partially within the OCP’s Preservation Area.

Therefore the use of land for industrial purposes is inconsistent with the OCP.

Land Use ZoningThe property is zoned A-2 (Large Agricultural Holdings Zone) within PRRD Zoning Bylaw No. 1343, 2001. The list of permitted uses in Section 33.1 of the bylaw does not include trucking operations.

Therefore the use of land for industrial purposes is inconsistent with the zoning bylaw. The owners applied to amend the text of PRRD Zoning Bylaw No. 1343, 2001 to handle the non-compliance, which is being processed by PRRD staff.

Fire Protection AreasThe property is outside all fire protection areas.

Permit & Charge AreasThe property is within the Mandatory Building Permit Area and the School District 60 School Site Acquisition Area. It is outside all development permit areas and development cost charge areas.

Public CommentsThe PRRD received a letter from April and Quinn Podulsky dated April 3, 2019 in opposition to this proposal. They assert that the land was developed illegally, and allowing the use to continue would only reward such behavior throughout the Regional District. This letter was a follow-up to the Podulsky’s October 4, 2018 letter in opposition to the proposed zoning amendment for the property. Both letters are attached to this report.

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Report – Exclusion from the ALR, PRRD File No. 19-077 April 30, 2019

Staff Initials: MB Dept. Head: CAO: Page 3 of 3

ALTERNATIVE OPTIONS: 1. That the Regional Board support ALR Exclusion application 19-077 (ALC File 58822), to exclude 3.54

hectares (8.75 acres) and include 4.10 hectares (10.13 acres) of PID 009-627-359, 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:

FINANCIAL CONSIDERATION(S):

COMMUNICATIONS CONSIDERATION(S):

OTHER CONSIDERATION(S):

Attachments:1. Maps 2. ALC Application [File 58822] 3. Comments from the public 4. Comments from the Electoral Area Director

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Report – Exclusion from the ALR, PRRD File 19-077 Attachment: Maps

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Proposal

Subject Property

4.10 ha. (10.13 ac.) to be included in ALR

3.54 ha. (8.75 ac.) to be excluded from ALR

Subject Property

4.10 ha. (10.13 ac.) to be included in ALR

3.54 ha. (8.75 ac.) to be excluded from ALR

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Report – Exclusion from the ALR, PRRD File 19-077 Attachment: Maps

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Location: Baldonnel

Aerial imagery

Subject Property

Fort St. John

Subject Property

265 Ro

ad

242 Road

Airport Road

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Report – Exclusion from the ALR, PRRD File 19-077 Attachment: Maps

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PRRD North Peace Fringe Area OCP Bylaw No. 1870, 2009: Agriculture (AG)

PRRD Zoning Bylaw No. 1343, 2001: Large Agricultural Holdings Zone (A-2)

AG

Preservation Area

Subject Property

Subject Property

AG

AG

A-2 A-2

A-2

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Report – Exclusion from the ALR, PRRD File 19-077 Attachment: Maps

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Agricultural Land Reserve: Partially within

CLI Soil Classification: 27C33

T & 66T74

TR

ALR

27C33

T

Subject Property

Subject Property

66T74

TR

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May 16, 2019

Michael Haab , Suzanne HaabApplicant:

1.

1.

Provincial Agricultural Land Commission -Applicant Submission

58822Application ID: Under LG ReviewApplication Status:

Michael Haab , Suzanne Haab Applicant: Prospect Land and Environmental Agent:

Peace River Regional DistrictLocal Government: 04/12/2019Local Government Date of Receipt:

This application has not been submitted to ALC yet. ALC Date of Receipt: Exclusion Proposal Type:

The purpose of this proposal is to exclude 3.5 ha of ALR land, including 0.81 ha currently beingProposal:utilized for non-farm use, area currently used as a wellsite access road and forested area, and replace it with4.1 ha of improved pasture land that is not currently included within the ALR boundary.

Agent Information

Prospect Land and Environmental Agent:

Parcel Information

Parcel(s) Under Application

Fee Simple Ownership Type: 009-627-359Parcel Identifier:

The South East 1/4 of Section 12, Township 84, Range 18, W6M, Peace RiverLegal Description:District

65.6 ha Parcel Area: 5740 - 242 Road Baldonnel, BCCivic Address:

11/25/2014Date of Purchase: No Farm Classification:

Owners Michael Haab Name:

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May 16, 2019

Michael Haab , Suzanne HaabApplicant:

1.

1.

2.

1.

Suzanne Haab Name:

Ownership or Interest in Other Lands Within This Community

Fee Simple Ownership Type: 025-568-566Parcel Identifier:

Michael Haab Owner with Parcel Interest: 1.8 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).~28 ha of this parcel is currently utilized as pasture.

2. Quantify and describe in detail all agricultural improvements made to the parcel(s).Within the subject ¼ Section 5-10 % (3.25 6.50 ha) of the entire ¼ Section has previously been leveled andenhanced by topsoil replacement; with more leveling proposed in future planning. The ~28 ha currentlyutilized as pasture, including a portion proposed for inclusion in the ALR, is fenced.

3. Quantify and describe all non-agricultural uses that currently take place on the parcel(s).At the present time approximately 0.81 ha (2 acres) of ALR land is being utilized for light industrialpurposes; Haab Contracting operations include highway tractor/trailer maintenance and storage. HaabContracting operations occur within one maintenance and storage building (shop) approximately 22.56 m by30.48 m and 5.49 m in height. A portion of the shop has living quarters, ground level and mezzanine; whichare approximately 275 square metres (2960 square feet) in total area, plus a 6-foot wide staircase to enterthe mezzanine. The current subject property water supply is an underground cistern (near the shop) and the existing lagoonsystem (North-east of the shop) was constructed as per guidelines within the BC Municipal WastewaterRegulations including the installation of underground lines. Within the ¼ section and also within the ALR boundary, two oil and gas wells are present: CNRL 6-+13-84-18 WA #03462 Drilled in 1974 Abandoned Well Status CNRL 8-12-84-18 & A8-12-84-18 Drilled in 1981 Active Well Status

Adjacent Land Uses

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May 16, 2019

Michael Haab , Suzanne HaabApplicant:

North

Residential Land Use Type: Multiple dwellingsSpecify Activity:

East

Other Land Use Type: Forested with oil and gas facility near subject parcelSpecify Activity:

South

Agricultural/Farm Land Use Type: Cropland, grazing/improved pasture, dairy farm and multiple dwellingsSpecify Activity:

West

Agricultural/Farm Land Use Type: Cropland and grazingSpecify Activity:

Proposal

1. How many hectares are you proposing to exclude?3.5 ha

2. What is the purpose of the proposal?The purpose of this proposal is to exclude 3.5 ha of ALR land, including 0.81 ha currently being utilized fornon-farm use, area currently used as a wellsite access road and forested area, and replace it with 4.1 ha ofimproved pasture land that is not currently included within the ALR boundary.

3. Explain why you believe that the parcel(s) should be excluded from the ALR.The 3.5 ha proposed to be excluded is located in the southeast corner of the parcel, adajcent to existing oiland gas activity, within a partially forested area with reduced current potential for farming and may also beutilized for storage of farming equipment and feed in the future. The existing trucking operation (non-farmuse) within this area has allowed the landowner to make improvements to the current farm land by workingto level out some of the lower areas and improve overall land use. The excluded area is proposed to bereplaced with 4.1 ha of improved pasture land that is not currently located within the ALR therefore therewill be an overall net gain of prime agricultural land to the ALR if this proposal is accepted.

Applicant Attachments

Agent Agreement - Prospect Land and EnvironmentalProposal Sketch - 58822Proof of Advertising - 58822Proof of Signage - 58822Proof of Serving Notice - 58822Certificate of Title - 009-627-359

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Michael Haab , Suzanne HaabApplicant:

ALC Attachments

None.

Decisions

None.

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22.06

19.91

LAGOON

POWERLINE

23.37

29.82

177.15

240.71

82.25

87.63

AGRICULTURAL

LAND RESERVE

SE 1/4 SECTION 12-84-18 W6M LANDOWNERS: MICHAEL HAAB AND SUZANNE HAABPID: 009-627-359

LAGOON

DUGOUT

PASTURE

FORESTED

FORESTED

FORESTED

CNRL ET AL CECIL

A8-12-84-18

SHOP

CLEARING

CLEARING

PIPELINE RIGHT OF WAY

P

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P

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L

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R

I

G

H

T

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F

W

A

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7:2C~3:3T

6:6T~4:7TR

A

L

R

A

L

R

A

L

R

A

L

R

A

L

R

A

L

R

A

L

R

A

L

R

A

L

R

A

L

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A

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CNRL ET AL CECIL

8-12-84-18

3.54ha

4.10ha

No. Revison History Date

Project Number:

Date of Assessment:

Scale:

Page: 1 of 1

1:4,500

April 10, 2018

PE

MICHAEL AND SUZAANE HAAB

PROPOSAL SKETCHSE 1/4 SECTION12-84-18 W6M

N

RESIDENCES

FRESHWATER ATLAS STREAMS

OIL AND GAS ACTIVITIES

CANADA LAND INVENTORY (CLI)

ROADS

AGRICULTURAL LAND RESERVE (ALR)

TREELINE

POWERLINE

LEGAL BOUNDARIES

EXCLUSION AREA

NON-ALR (PROPOSED ADDITION)

LEGEND

ALR

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April and Quinn Podulsky

April 3, 2019

Peace River Regional District PO Box 810 Dawson Creek, BC V1G 4H8

Peace River Regional District 9505 - 100 St Fort St. John, BC V1J4N4

Provincial Agricultural Land Commission 201 - 4940 Canada Way Burnaby, BC V5G 4K6

Dear Sir or Madam:

FORT ST JOHr. a c

This letter is being submitted in regards to an Exclusion Application regarding land in the Agricultural Land Reserve. The subject property is 3.54 hectares of SE Sec 12-84-18 W6M owned by Michael Haab and Suzanne Haab.

We are not in favour of this farmland being removed from the Agricultural Land Reserve. We fail to see why this property would qualify for removal when many other rural based businesses in the Peace River Area have been told to move the industrial portion of their businesses onto land that is already zoned as industrial. In addition, other people have also been told to remove the illegal structures/improvements or return the property to farm use. The fact that this land has been illegally developed and then used as industrial property in the past is not a reasonable reason to reward these people by allowing it to continue legally. Under this line of reasoning any one of us could and perhaps should do what ever we want with our land regardless of zoning and then apply and receive a zoning bylaw amendment and an exclusion from the Agricultural Land Reserve. If this is allowed we will have a better understanding as to why the present provincial government is seeking to change the laws and have these local decisions processes removed.

Please see the attached letter regarding our additional concerns that we addressed when the Haabs applied for a zoning bylaw amendment on this property in 2018.

In conclusion, we respectfully request that the Exclusion Application for removing this property from the Agricultural Land Reserve be turned down. We also request that the subject property be fully returned to farmland and all development used only for farm operations.

Sincerely,

A ril Podulsk

Quinn Poduls

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April and Quinn Podulsky

October 4, 2018

Peace River Regional District PO Box 810 Dawson Creek, BC V1G 4H8

Peace River Regional District 9505 -100 St Fort St. John, BC V1J4N4

Dear Sir or Madam:

This letter is being submitted in regards to the application for a zoning bylaw amendment: Text Amendment - SE Sec 12-84-18 W6M (PID #: 009-627-359). Michael Haab and Suzanne Haab own the subject property.

We are not in favour of any farmland in this area being changed to industrial property or temporary industrial property.

This part of Baldonnel has always been farmland with two small subdivisions along the 242Rd. The importance of maintaining farmland cannot be stressed enough. There are plenty of industrial areas for sale and rent in and near Fort St John or Taylor. In addition, having an industrial area in a quiet rural setting decreases the both ascetic value and the real value of the nearby properties. It wears down the local road system with the increased traffic, reduces the element of safety and increases noise pollution. The fact that this proposed amendment may also need a spill kit is a further concern.

Having extra RV hookups indicates that the Haab's are creating or have created a camp ground/work camp/santi dump. This campground/work camp equates to a higher population density. Most people own property or live in a rural setting because of the low population density. We have a range of concerns in regards to the campground/work camp. Including the fact that people who are camping do not own property in the area and therefore do not have a vested interest in maintaining the nearby landscape or neighbourhood. Problems with ATV's, pets and noise are bound to come up. Also: Is there enough funding in the regional district to monitor who is staying at the "campground" or if the number of campsites are increased by the present owners or subsequent owners?

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We can appreciate that the Haabs wish to reduce their employees' costs to relocate to the Fort St John area for seasonal employment However, companies in the building construction industry will typically rent a several bedroom house or condo, at the company's expense, for their workers. At the present time there are plenty of properties in Fort St John available for rent at reasonable rates.

My family (April Podulsky) has homesteaded, owned property, and lived in the Baldonnel area on the 242 Road since 1927. We have always respected the local zoning laws by maintained our farmland as farmland.

In conclusion, we respectfully request that the Peace River Regional District turn down this application for rezoning. When looking at the attached maps we are shocked and alarmed that the 10 acres in question appear to already be stripped of foliage for an industrial area and campground. We also respectfully request that the majority of the RV hookups, and any industrial lagoons etc. be decommissioned and the proposed10 acres be returned to hay land/farm land.

Sincerely,

April Podulsky

Quinn Podulsky

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1

Michael Blatz

From: Michael BlatzSent: Friday, May 3, 2019 8:39 AMTo: Chair Brad SperlingCc: PRRD_InternalSubject: RE: PRRD File 19-077 | ALR Exclusion | Please comment by May 16

Yes – they also applied for a zoning text amendment to allow the non-complying industrial use in the A-2 zone. MB

From: Chair Brad Sperling <brad.sperling@prrd.bc.ca> Sent: Thursday, May 2, 2019 4:50 PM To: Michael Blatz <Michael.Blatz@prrd.bc.ca> Cc: PRRD_Internal <prrd.internal@prrd.bc.ca> Subject: RE: PRRD File 19-077 | ALR Exclusion | Please comment by May 16 Ok to the board. Do they then come back for rezoning

From: Michael Blatz Sent: Thursday, May 02, 2019 2:02 PM To: Chair Brad Sperling Cc: PRRD_Internal Subject: PRRD File 19-077 | ALR Exclusion | Please comment by May 16

Good afternoon Chair Sperling, Please review the attached report regarding an ALR Exclusion application. If you have any comments or questions, please forward them to me by May 16, 2019. Best, Michael Blatz | Land Use Planner PEACE RIVER REGIONAL DISTRICT | Direct: 250-785-8084 michael.blatz@prrd.bc.ca | www.prrd.bc.ca

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