Municipality of North Cowichan Agricultural Advisory Committee AGENDA Tuesday, September 20, 2016, 8:45 a.m. Municipal Hall - Committee Room Pages 1. CALL TO ORDER 2. APPROVAL OF AGENDA Recommendation: That the Committee approve the agenda as circulated [or as amended] 3. ADOPTION OF MINUTES 2 - 3 Recommendation: That the Committee adopt the minutes of the meeting held on May 31, 2016. 4. BUSINESS 4.1 Recent Agricultural Land Commission Decisions 4 - 27 Purpose: To review for information the ALC's decisions regarding 3 applications for 7087 Mays Road, 2677 Herd Road, and 3368 Henry Road. 4.2 Bonsall Creek Watershed Management Plan Purpose: To receive an update from staff. 4.3 Agricultural Town Hall Meeting(s) 28 - 28 Purpose: To discuss proposed community meetings. 4.4 Establish Agricultural Priorities 29 - 36 Purpose: To review and discuss the Work and Implementation Plan. 5. NEW BUSINESS 6. ADJOURNMENT 1
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Municipality of North CowichanAgricultural Advisory Committee
AGENDA
Tuesday, September 20, 2016, 8:45 a.m.Municipal Hall - Committee Room
Pages
1. CALL TO ORDER
2. APPROVAL OF AGENDA
Recommendation:That the Committee approve the agenda as circulated [or as amended]
3. ADOPTION OF MINUTES 2 - 3
Recommendation:That the Committee adopt the minutes of the meeting held on May 31, 2016.
4. BUSINESS
4.1 Recent Agricultural Land Commission Decisions 4 - 27Purpose: To review for information the ALC's decisions regarding 3 applicationsfor 7087 Mays Road, 2677 Herd Road, and 3368 Henry Road.
4.2 Bonsall Creek Watershed Management PlanPurpose: To receive an update from staff.
4.3 Agricultural Town Hall Meeting(s) 28 - 28Purpose: To discuss proposed community meetings.
4.4 Establish Agricultural Priorities 29 - 36Purpose: To review and discuss the Work and Implementation Plan.
5. NEW BUSINESS
6. ADJOURNMENT
1
Municipality of North Cowichan
Agricultural Advisory Committee
MINUTES
May 31, 2016, 8:45 a.m.
Municipal Hall - Council Chambers
Members Present Councillor Maeve Maguire, Chair
Victor Vesely
Jennifer Woike
Amanda Poelman
DeLisa Lewis
Members Absent Andy Johnston
Nicole Strutynski
Staff Present Dave Devana, Chief Administrative Officer
Scott Mack, Director of Development Services
Kristy Convery, Records & Information Management Assistant
1. CALL TO ORDER
There being a quorum present, the Chair called the meeting to order at 8:45 a.m.
2. APPROVAL OF AGENDA
For ease of reference, these minutes are recorded in the order items appeared on the agenda.
It was moved and seconded:
That the Committee approve the agenda as amended to add the following:
5.1 Introduction of New Committee Members; and
5.2 Council Update.
CARRIED
3. ADOPTION OF MINUTES
It was moved and seconded:
That the Committee adopt the minutes of the meeting held on April 26, 2016.
CARRIED
4. BUSINESS
4.1 ALC Subdivision Application - Mays Road
The Committee received a presentation by the Director of Development Services and
reviewed the March 24, 2016 Assistant Manager of Planning and Subdivision's report
regarding a proposal to subdivide property bisected by Mays Road.
2
May 31, 2016 - Agricultural Advisory Committee Minutes
2
It was moved and seconded:
That the Committee recommend that Council support Frank and Alicia Goluza's Mays
Road Subdivision Application No. ALR00012 and authorize submission to the Agricultural
Land Commission, subject to registration of a covenant requiring a financial contribution
to the Municipality’s Agriculture Reserve Fund prior to subdivision, in the amount of 5%
of the appraised value of the parent parcel.
CARRIED
4.2 ALC Non-Farm Use Application - 3800 Gibbins Road
The Committee received a presentation by the Director of Development Services and
reviewed the May 24, 2016 Assistant Manager of Planning and Subdivision's report
regarding a non-farm use application for property located at 3800 Gibbins Road. The
Committee then heard from the applicant's father, speaking on behalf of the applicant.
It was moved and seconded:
That the Committee recommend that Council support and authorize submission of the
Non-Farm Use Application for 3800 Gibbins Road, to the Agricultural Land Commission
(to allow the applicant to apply for a Temporary Use Permit, or obtain applicable zoning
to continue to use the property for commercial weddings or other special events).
CARRIED
5. NEW BUSINESS
5.1 Introduction of New Committee Members
The Chair welcomed new Committee members Amanda Poelman and DeLisa Lewis, and
invited all Committee members and staff to introduce themselves.
5.2 Council Update
The Committee heard from the Director of Development Services regarding the Firearms
Bylaw motion put forward to Council from the April 26, 2016 Agricultural Advisory
August 8, 2016 ALC File: 54717 Sara Mellor Phillips Mellor Family Farm 2677 Herd Road Duncan, BC V9L 6A4 Dear Ms. Phillips: Re: Application to Conduct a Non-Farm Use in the Agricultural Land Reserve (ALR) Please find attached the Reasons for Decision of the Agricultural Land Commission (Resolution #297/2016) as it relates to the above noted application. As agent, it is your responsibility to notify the applicant accordingly. Your attention is drawn to s. 33(1) of the Agricultural Land Commission Act which provides a person affected the opportunity to submit a request for reconsideration. 33(1) On the written request of a person affected or on the commission's own initiative, the
commission may reconsider a decision of the commission under this Act and may confirm, reverse or vary it if the commission determines that:
(a) evidence not available at the time of the original decision has become available, (b) all or part of the original decision was based on evidence that was in error or was
false. Please note that pursuant to s. 33.1 of the Agricultural Land Commission Act, the Chair may direct the executive committee to reconsider this panel decision if, within 60 days from the date of this decision, he considers that the decision “may not fulfill the purposes of the commission as set out in section 6”. I can advise you that in this case, the Chair has already reviewed the decision and has instructed me to communicate to you that he does not intend to exercise that authority in this case. Further correspondence with respect to this application is to be directed to Liz Sutton at ([email protected]). Yours truly, PROVINCIAL AGRICULTURAL LAND COMMISSION Per: Colin J. Fry, Director of Policy and Planning
12
Page 2 of 2
Enclosure: Reasons for Decision (Resolution #297/2016) cc: District of North Cowichan (File: 3025-20 16.02) 54717d1
13
Page 1 of 6
AGRICULTURAL LAND COMMISSION FILE 54717
REASONS FOR DECISION OF THE ISLAND PANEL
Application submitted pursuant to s. 20(3) of the Agricultural Land Commission Act Applicants: Eileen Winifred Mellor Eileen Elizabeth Mellor (the “Applicants”) Agent: Sara Mellor Phillips
(the “Agent”)
Application before the Island Regional Panel: Jennifer Dyson, Panel Chair Honey Forbes Clarke Gourlay
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Agricultural Land Commission Decision, ALC File 54717
Page 2 of 6
THE APPLICATION
[1] The legal description of the property involved in the application is:
Parcel Identifier: 004-017-749
Lot 1, Sections 9, 10, and 11, Range 6, Somenos District, Plan 16574
(the “Property”)
[2] The Property is 63.4 ha in area.
[3] The Property has the civic address 2677 Herd Road, Duncan.
[4] The Property is located within a designated agricultural land reserve (“ALR”) as defined in s.
1 of the Agricultural Land Commission Act (the “ALCA”).
[5] The Property is located within Zone 1 as defined in s. 4.2 of the ALCA.
[6] Pursuant to s. 20(3) of the ALCA, the Applicants are applying to place a second single
family dwelling on the Property in addition to the existing single family dwelling and
manufacture home. The second single family home is proposed for a family member who
works on the farm (the “Proposal”). The Proposal along with supporting documentation is
collectively the “Application”.
RELEVANT STATUTORY PROVISIONS
[7] The Application was made pursuant to s. 20(3) of the ALCA:
20(3) An owner of agricultural land or a person with a right of entry to agricultural land
granted by any of the following may apply to the commission for permission for a non-farm
use of agricultural land.
[8] The Panel considered the Application within the context of s. 6 of the ALCA:
15
Agricultural Land Commission Decision, ALC File 54717
Page 3 of 6
6 The following are the purposes of the commission:
(a) to preserve agricultural land;
(b) to encourage farming on agricultural land in collaboration with other
communities of interest; and
(c) to encourage local governments, first nations, the government and its agents to
enable and accommodate farm use of agricultural land and uses compatible
with agriculture in their plans, bylaws and policies.
EVIDENTIARY RECORD BEFORE THE PANEL
[9] The Panel considered the following evidence:
1. The Application
2. Local government documents
3. Agricultural capability map, ALR context map, and satellite imagery
All documentation noted above was disclosed to the Agent in advance of this decision.
[10] At its meeting of April 20, 2016, the District of North Cowichan Council resolved to forward
the Application to the Agricultural Land Commission (the “Commission”) with a
recommendation that, if approved, the Commission require the owner to register a restrictive
covenant to prohibit additional dwellings on the Property.
SITE VISIT
[11] On May 27, 2016, the Panel conducted a walk-around site visit in accordance with the
Policy Regarding Site Visits in Applications (the “Site Visit”).
[12] A site visit report was prepared in accordance with the Policy Regarding Site Visits in
Applications and was provided to the Agent on June 21, 2016 (the “Site Visit Report”).
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Agricultural Land Commission Decision, ALC File 54717
Page 4 of 6
FINDINGS
[13] In assessing agricultural capability, the Panel referred in part to agricultural capability
mapping and ratings. The ratings are identified using the BC Land Inventory (BCLI), ‘Land
Capability Classification for Agriculture in B.C.’ system. The improved agricultural capability
ratings identified on BCLI map sheet 92B.082 for the mapping units encompassing the
Property are a mix of Classes 3, 4, 5, and 7.
Class 3 - land is capable of producing a fairly wide range of crops under good management
practices. Soil and/or climate limitations are somewhat restrictive.
Class 4 - land is capable of a restricted range of crops. Soil and climate conditions require
special management considerations.
Class 5 - land is capable of production of cultivated perennial forage crops and specially
In addition, the Mellor farm also hosts farm tours for local schools. The Panel considered the
current breadth and scale of the current agricultural activities taking place on the Property
and find that the present level of agricultural activity on the property is not sufficient to
warrant a third dwelling for farm help purposes.
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Agricultural Land Commission Decision, ALC File 54717
Page 5 of 6
[15] Despite the refusal of a third dwelling on the Property, the Panel finds the agricultural
activities taking place on the Property would be commensurate with two permanent
dwellings. The Panel is amenable to approving a second permanent dwelling provided that
the manufactured home is removed, and that the new dwelling is placed in the approximate
footprint of the removed manufactured home. Should the Applicants wish to pursue a
second permanent dwelling, the Panel advises that an additional dwelling for farm use is
considered to form part of the overall farm infrastructure and as such, the Applicants should
carefully consider the implications before proceeding with this capital investment. The Panel
wishes to make it clear that additional dwellings built for farm purposes are intended to
remain as part of the farm infrastructure and that the planned capital investment is for farm
development and not as a residential investment that may be the subject of a subdivision
application in the future.
DECISION
[16] For the reasons given above, the Panel refuses the Proposal.
[17] The Panel approves the construction of a second permanent dwelling, for a total of two
dwellings on the Property, subject to the following conditions:
a. The Applicants have one (1) year from the date of this decision to indicate
whether or not they wish to pursue approval of the second permanent dwelling
subject to conditions;
b. The manufactured home be removed from the Property;
c. The second permanent dwelling is placed in the approximate footprint and
location of the removed manufactured home;
d. A covenant in favor of the Commission to restrict the placement or construction
of any additional dwellings on the Property; and
e. The decision is void if, at the time of sale of the Property, construction of the
second permanent dwelling has not commenced.
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Agricultural Land Commission Decision, ALC File 54717
Page 6 of 6
[18] Panel Chair Jennifer Dyson concurs with the decision.
Commissioner Honey Forbes concurs with the decision.
Commissioner Clarke Gourlay concurs with the decision.
[19] Decision recorded as Resolution #297/2016. A decision of the Panel is a decision of the Commission pursuant to s. 11.1(5) of the
Agricultural Land Commission Act.
***** Upon instruction of the Panel, I have been authorized to release the Reasons for Decision by
Resolution #297/2016. The decision is effective upon release.
August 8, 2016 ______________________________________ _______________________ Colin J. Fry, Director of Policy and Planning Date Released
19
August 8, 2016 ALC File: 54961 Gerald Friesen 3368 Henry Road Chemainus, BC V0R 1K4 Dear Mr. Friesen: Re: Application to Conduct a Non-Farm Use in the Agricultural Land Reserve (ALR) Please find attached the Reasons for Decision of the Agricultural Land Commission (Resolution #298/2016) as it relates to the above noted application. As agent, it is your responsibility to notify the applicants accordingly. Your attention is drawn to s. 33(1) of the Agricultural Land Commission Act which provides a person affected the opportunity to submit a request for reconsideration. 33(1) On the written request of a person affected or on the commission's own initiative, the
commission may reconsider a decision of the commission under this Act and may confirm, reverse or vary it if the commission determines that:
(a) evidence not available at the time of the original decision has become available, (b) all or part of the original decision was based on evidence that was in error or was
false. Please note that pursuant to s. 33.1 of the Agricultural Land Commission Act, the Chair may direct the executive committee to reconsider this panel decision if, within 60 days from the date of this decision, he considers that the decision “may not fulfill the purposes of the commission as set out in section 6”. I can advise you that in this case, the Chair has already reviewed the decision and has instructed me to communicate to you that he does not intend to exercise that authority in this case. Further correspondence with respect to this application is to be directed to Liz Sutton at ([email protected]). Yours truly, PROVINCIAL AGRICULTURAL LAND COMMISSION Per: Colin J. Fry, Director of Policy and Planning
20
Page 2 of 2
Enclosures: Reasons for Decision (Resolution #296/2016) cc: District of North Cowichan (File: 3025-20 16.04) 54961d1
21
Page 1 of 6
AGRICULTURAL LAND COMMISSION FILE 54961
REASONS FOR DECISION OF THE ISLAND PANEL
Application submitted pursuant to s. 20(3) of the Agricultural Land Commission Act Applicants: Gerald Friesen Sandra Friesen Clinton Morrison Stacy Morrison (the “Applicants”) Agent: Gerald Friesen
(the “Agent”)
Application before the Island Regional Panel: Jennifer Dyson, Panel Chair Honey Forbes Clarke Gourlay
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Agricultural Land Commission Decision, ALC File 54961
Page 2 of 6
THE APPLICATION
[1] The legal description of the property involved in the application is:
Parcel Identifier: 006-660-819
Lot 23, Section 11, Range 5, Chemainus District, Plan 2051, Except Part In Plan
17347 and VIP 61433
(the “Property”)
[2] The Property is 2.1 ha in area.
[3] The Property has the civic address 3368 Henry Road, Chemainus.
[4] The Property is located within a designated agricultural land reserve (“ALR”) as defined in s.
1 of the Agricultural Land Commission Act (the “ALCA”).
[5] The Property is located within Zone 1 as defined in s. 4.2 of the ALCA.
[6] Pursuant to s. 20(3) of the ALCA, the Applicants are applying to approve a pre-existing 600
ft2 suite which was converted from a garage (the “Proposal”). The Proposal along with
supporting documentation is collectively the “Application”.
RELEVANT STATUTORY PROVISIONS
[7] The Application was made pursuant to s. 20(3) of the ALCA:
20(3) An owner of agricultural land or a person with a right of entry to agricultural land
granted by any of the following may apply to the commission for permission for a non-farm
use of agricultural land.
[8] The Panel considered the Application within the context of s. 6 of the ALCA:
6 The following are the purposes of the commission:
23
Agricultural Land Commission Decision, ALC File 54961
Page 3 of 6
(a) to preserve agricultural land;
(b) to encourage farming on agricultural land in collaboration with other
communities of interest; and
(c) to encourage local governments, first nations, the government and its agents to
enable and accommodate farm use of agricultural land and uses compatible
with agriculture in their plans, bylaws and policies.
EVIDENTIARY RECORD BEFORE THE PANEL
[9] The Panel considered the following evidence:
1. The Application
2. Local government documents
3. Previous application history
4. Agricultural capability map, ALR context map, and satellite imagery
All documentation noted above was disclosed to the Agent in advance of this decision.
[10] At its meeting of April 20, 2016, the District of North Cowichan Council resolved to forward
the Application to the Agricultural Land Commission for its decision.
[11] The Panel reviewed two previous applications involving the Property: