THAT application /A for the property located at Fraser Highway be denied.

Transcription

1 ~~~ ABBOTSFORD Report No. PDS COUNCIL REPORT Executive Committee September 14, 2015 File No: /A To: From: Subject: Mayor and Council Duane Wiebe, Planning Technician Agricultural Land Commission application for a non-farm use for the property located at Fraser Highway (Owner: Balvir Kaur Sidhu) RECOMMENDATION THAT application /A for the property located at Fraser Highway be denied. SUMMARY OF THE ISSUE An Agricultural Land Commission (ALC) non-farm use application was received to seek approval to permit the following uses: 1) repair of farm machinery; 2) repair of landscape machinery; 3) truck parking; and 4) container storage (see Figure 4). As the proposed activities are not identified as permitted uses in the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), a non-farm use application is required. 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 : Applicant: OCP Designation: Existing Zoning: Balvir Kaur Sidhu Agricultural Agricultural One Zone (A1) Legal Descriptions: Lot 2 Section 22 Township 13 NWD Plan Site Area: Current Land Use: 1.01 ha (2.5 acres) Rural Residential Surrounding Uses: N: Agricultural (A1), Maclure Road beyond; S: Fraser Highway, Agricultural (A 1) beyond; E: Agricultural (A 1 ); W: Agricultural and Farm Industrial (A5), Agricultural (A 1) beyond. Soil Capability: Class 3 and 4 (Improved rating from Land Capability for Agriculture)

2 Report No. PDS Page 2 of 6 DISCUSSION Proposal 1. The applicant is proposing to establish a facility for the repair of farm machinery and landscape machinery, and dedicate portions of the property for truck parking, aggregate storage, and container storage for landscaping materials (See Figure 4). As the proposed activities are not identified as permitted uses in the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002), a non-farm use application is required. Official Community Plan and Policy Context 2. The subject property is located within the Agricultural Land Reserve (ALR) and is designated 'Agricultural' in the Official Community Plan (OCP). The 'Agricultural' designation of the OCP means "land that is reserved for farming and for agri-industrial uses that serve and support agriculture". The proposed land uses are inconsistent with the Agricultural land use designation of the OCP. 3. Current City policy as it relates to this application is based on the recommendations of the Position Paper on Enhancing the Agricultural Economy and the Agriculture Strategy. These documents include a number of City-related directions and initiatives to strengthen agriculture in Abbotsford, the most relevant of which is highlighted below: Position Paper on Enhancing the Agricultural Economy Under the theme Protect 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 agriculture". In spring 2011, Council adopted the Agriculture Strategy, which looks to identify and respond to key strategic issues affecting the agricultural industry in Abbotsford. The strategy identified seven objectives, one of which is to pursue and support agricultural development investment with a policy recommendation to develop an integrated agriindustrial location and servicing plan. In support of the Agriculture Strategy, staff undertook a study regarding the Fraser Highway Corridor's potential for agri-industrial development. In June, 2014, Council directed staff to discontinue the pursuit of the Agri-lndustrial study for the Fraser Highway Corridor, and to review agri-industrial uses within the broader context of the Official Community Plan (OCP). In conjunction with the upcoming Agricultural Lands Review, staff anticipate completing a comprehensive review/update of the land use contained within the OCP and a review/update of the agricultural zones/regulations related to lands within the Agricultural Land Reserve. L:\A15\A15-001\PDS docx

3 Report No. PDS Page 3 of 6 Applicable Legislation 4. The Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002) clearly identifies farm activities and non-farm uses that are permitted in the ALR (Part 2 - Permitted Uses). However, the proposed landscape machinery repair, farm machinery repair (at the size/intensity level proposed), truck parking (at the size/intensity level proposed) aggregate storage, and container storage for landscaping materials are not identified as permitted uses under the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (BC Reg. 171/2002). It is for this reason that the non-farm use application is necessary. 5. Permitted land uses within the City of Abbotsford are identified in the Zoning Bylaw, 2014, and for the subject property, the Agricultural One Zone (A 1) specifically. The proposed landscape machinery repair, farm machinery repair (at the size/intensity level proposed), truck parking (at the size/intensity level proposed) aggregate storage, and container storage for landscaping materials are not identified as permitted uses in the A 1 zone. Rationale to Support the Application 6. Agricultural files requiring approval by the ALC are typically referred to the Agricultural Drainage, Dyking and Irrigation Advisory Committee (ADDIAC) for comments prior to proceeding to Council. This application was presented to ADDIAC on June 17, ADDIAC recommended that this non-farm use application for the subject property located at Fraser Highway proceed to Council with support, though the decision to do so was not unanimous ( 4-3 in favour). 7. Staff believe that ADDIAC may have voted as outlined above, in part because the subject property is located immediately adjacent to a non-conforming A 1 zoned property, and between two properties zoned Agricultural and Farm Industrial Zone (A5) (See Figures 1 and 4 ), regardless of the fact that the subject property is not in conformance with ALC or City regulations. The A5 zone identifies Agricultural Use, Farm Industrial Use and Growing Medium Manufacturer Use as principal uses, allowing for a broad range of uses, including the: growing, rearing, producing and harvesting of farm or agricultural product, fabrication, testing, servicing and repairing of farm equipment, fabrication of fences, fence posts and containers for farm produce, fabrication and assembly of farm buildings, processing, storing, distributing, wholesaling, grading, sorting or packaging of farm produce, animal and fish products, feed, seed, and agricultural chemicals, selling of farm equipment and vehicles and animal stock-yards, processing and preparation of non-composting materials as a root base medium for the growing of plants in greenhouses and other related controlled growing environments. L:\A 15\A \PDS docx

4 Report No. PDS Page 4 of 6 Rationale to Not Support the Application 8. The existing A 1 zone permits an "Agricultural Use". The Abbotsford Zoning Bylaw provides definition for "Agricultural Use", which includes "the storage of farm machinery, implements and agricultural supplies, repairs to farm machinery and implements used on that farm operation". The proposed land uses as described in Section 1 above do not comply with the Zoning Bylaw's "Agricultural Use" definition. The proposed uses are industrial in nature and would require a rezoning of the property, from Agricultural One Zone (A 1) to General Industrial (12) in order to be permitted. 9. Despite Section 8 above, the home occupation provisions of the Zoning Bylaw allow the repair and maintenance of licensed farm vehicles within the A 1 Zone, on a limited and small-scale basis, where among other restrictions, the use is contained within a building not exceeding 112m 2 ( 1205 ft2). Additionally, the Zoning Bylaw permits the parking of up to two commercial vehicles on an A 1 Zone where specific criteria are met. Staff note however, that the scale of the proposed farm vehicle repair shop (approximately 170m ft2) and the area devoted for truck parking (potentially significant portion of the rear area of the property) both exceed what is permitted, and what is intended, by these specific Zoning Bylaw provisions. 10. 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 have potential consequences, including: setting an undesirable precedent, given no net benefit to farming is demonstrated; undermining the City's commitment to the City in the Country Plan; the introduction of non-farm uses can. compromise the legitimate agricultural operations that surround the subject property and increase speculation on ALR lands. 11. As part of the referral process for this application, the Ministry of Agriculture advised that it does not support granting this non-farm use, and provided the following comment: "Ministry staff do not support this application as we do not support the conversion of agricultural land to industrial uses. Given the slow uptake on other lands within the City of Abbotsford that were conditionally approved by the ALC for exclusion for industrial purposes, it appears that there is not a need for further conversion of agricultural land for this purpose, whereas there is demand for more farmland in the region. Our view that these types of operations need to be appropriately located in currently zoned industrial zones is also due to the issue of taxation unfairness associated with locating industrial/commercial businesses in the ALR as the tax paid is not in line with that of competing businesses that are appropriately located in industrial zones. " The applicant's claim that water costs too much for agriculture on the subject property (See Attachment "A") was also addressed by the Ministry of Agriculture: "The issue raised by the property owner regarding the cost of water being prohibitive for farming does not bear out as our Land Use Inventory (Ministry of Agriculture - Agricultural Land Use Inventory: City of Abbotsford, Summer 2012 (Reference No )) results show there are other farm businesses located along this corridor, also on small parcels, that are irrigated and are successful farm businesses." L:\A 15\A \PDS docx

5 Report No. PDS Page 5 of If this application is forwarded to the ALC, and receives their approval for a non-farm use, an OCP amendment, rezoning and development permit application will be necessary. Therefore, given the above comments from the Ministry of Agriculture opposed to the proposal, who would have to approve any future rezoning bylaw, it would seem that any approval of the non-farm use by Council and/or the ALC will result in the rezoning being denied by the Ministry of Agriculture. 13. Council may consider one of the following options with regard to this application: COMMUNICATON PLAN (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 with non-support; or (d) deny the application and not forward it to the ALC. Non-farm use applications do not require advertisements in the City Page of the local newspaper nor mail-outs to adjacent properties. However, should Council decide to forward this application to the ALC, and it receives approval from the ALC, an OCP amendment, rezoning and development permit application will be necessary. The City will notify in writing the adjacent property owners of the date and time of the meeting in conjunction with that application once received. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION No strategic plan implications are anticipated. L:\A 15\A \PDS docx

6 Report No. PDS Page 6 of 6 SUBSTANTIATION OF RECOMMENDATION Staff does not recommend support for this non-farm use application for the following reasons: it is not consistent with the City's agricultural policies and plans (OCP or Zoning); it sets an undesirable precedent, given no net benefit to farming is demonstrated; and it is clearly not supported by the Ministry of Agriculture. Prepared by: Duane Wiebe Planning Technician Review~ Darren Braun Director of Development Planning 6~-- Department Head Approval: Siri Bertelsen General Manager of Planning & Development Services Attachments: Figure 1: Location Figure 2: Context Plan Figure 3: Existing Official Community Plan Figure 4: Existing Zoning Figure 5: Proposed Site Plan Attachment "A" - Letter of Intent L:\A15\A15-001\PDS docx

7 FIGURE 1 LOCATION ADDRESS: APPLICANT: es.,..._a ABBOTSFORD Planning and Development Services Fraser Highway FILE NO I A September 14, 2015

8 Properties approved for exclusion from ALR Properties not located within the ALR FIGURE 2 CONTEXT PLAN ADDRESS: APPLICANT: :;;;;r=~a ABBOTSFORD Planning and Development Services Fraser Highway FILE NO I A September 14, 2015

9 ''11Glf~ '4y 4i q, M,O,CLURE RD. FRASER HIGHWAY ~ ~:f!ji ci a: If) IJ) 0 a: Urban Development Boundary Regional Growth Boundary Agricultural Resource/Conservation Commercial City Residential Urban Residential Suburban Residential Industrial-Business Institutional Rural Centres FIGURE 3 EXISTING OFFICIAL COMMUNITY PLAN ADDRESS: APPLICANT: -..,..._A ABBOTSFORD Planning and Development Services Fraser Highway FILE NO I A I. ' J l 'i" I 1-i!~ ~~ ~ September 14, 2015 ti "

10 MACLURE RD. I I I IL A1 A1 A5 ci 0::: ! CJ) CJ) A1 0 0::: SR A1 A N FIGURE 4 EXISTING ZONING ADDRESS: APPLICANT: o ~.A ABBOTSFORD Planning and Development Services Fraser Highway FILE NO I A September 14, 2015

11 PROPERTY LINE i NORTH \IESTSIDE PROPERTY TRAILER PARKING LOT # FRASER HIGH\./AY FINE SAND COARSE SAND YARD COARSE AGGREGATES LANDSCAPING MACHI NARY LANDSCAPING MATERIALS CONTAINER "' Cl "" "' w "' u "" _, w ~ "' GARAGE '. <( "' Cl "' "' w u <( _, w ~ "' CAR PARKING PROPERTY LINE DITCH.j, FRASER HIGHl.'AY FIGURE 5 PROPOSED SITE PLAN ADDRESS: APPLICANT: o ~A ABBOTSFORD Planning and Development Services Fraser Highway FILE NO IA September 14, 2015

12 3512 Sumit Drive Abbotsford, BC V2T 6S4 January 7, 2015 City of Abbotsford South Fraser Way Abbotsford, BC V2T 1 W7 P..BBo~ RECEIVEDU'b JAN \ Planni~g & Deve!opment Servrc3s D0partment ':ll o To the City of Abbotsford and the Agricultural Land Commission: RE: Non-Farm Use Application for Fraser Highway This land is small piece of land. The water cost for agriculture is too much. The property owner west and east are also using their property for commercial use. We have only option for use for light commercial (Agricultural Machinery, Landscape Machinery, Truck Parking and Truck Containers). Signed, ~-- - ATTACHMENT A