Re: Application 52561 Page 1 of 3

Provincial Agricultural Land Commission - Staff ReportApplication: 52561

BACKGROUND INFORMATION

Local Government: Cowichan Valley

PROPERTY INFORMATIONPID: 000-382-019Legal Description:

Location: East of the Island Highway

PROPOSAL DETAILS

Averil MotherwellOwner:

The applicant is applying under the homesite severance policy and has provided documentation to support the claim that she qualifies for consideration under this policy. However, there has been a history of applications on thisproperty and on adjacent properties by the same owner which should be reviewed.

To subdivide a 2.0 ha parcel from the 33.3 ha subject property.Proposal:

Averil Motherwell

Property Area: 33.3 ha

LAND USE

Approximately 35% of the property is designated industrial land while the remainder contains a residence and forested area.

Current Land Use:

Surrounding Land Uses:North:East:South:

West:

grazing land2.0 ha parcels used as hobby farms and residential.light industrial uses: ministorage institutional: forest services

Trans Canada Highway and vineyard

Total ALR Area:

Applicant:Kevin LamontAgent:

Subdivision - ALR Area: 33.3 ha

Number of Lots ALR Area of Lot (ha)11

31.3 2.0

ALR Area: 33.3 ha

That Part of Section 16, Range 6, Shawnigan District, Lying to the East of the Island Highway, as Said Highway is Shown on Plan 1288 OS, Except Plans 14215 41754 49718 VIP65206 and VIP71048

Purchase Date: October 15, 2001

1 of 5

Re: Application 52561 Page 2 of 3

PREVIOUS APPLICATIONS

RELEVANT APPLICATIONS

This application took place on one of the properties south of the subject property.

This proposal was later brought back before the Commission and approved after the Commission was presented with reports prepared by Peter Fofonoff, District Agriculturist and Jannes Poelman,Farm Advisor which led the Commission to approve the application.

Note:

Note:

Note:

Note:

Note:

This application allowed the non-farm use of 6.1 ha of the subject property instead of approving the exclusion.

The current proposed 2.0 ha is directly south of the parcel approved through this application.

There were comments made in this application by the AAC of the time that the applicants should utilize one of the existing 5 acre parcels, which were allowed in previous applications.

Resolution #

Resolution #

Decision Date

Decision Date

Decision Description

Decision Description

41/2008

2228/1982

February 6, 2008

November 18, 1982

Approved non-farm use of mini-storage and caretaker's suite, subject to the rescision of Resolution #43/98 which approved a gas bar, restaurant/coffee shop, and convenience store.

Refused as the land has good capability to support a wide range of agricultural activities.

Resolution #

Resolution #

Decision Date

Decision Date

Decision Description

Decision Description

74687/1987

179/1998

June 23, 1987

March 24, 1998

An on-site visit was done by a member of the Commission and found thearea to be somewhat limited agriculturally. The Commission allowed theapplication.

The Commission refused the request to subdivide given that the subject property has good agricultural capability which would best be utilized in its present size.

Decision:

Decision:

Decision:

Decision:

Application ID:

Application ID:

Application ID:

18521

9949

9311

Legacy #:

Legacy #:

Legacy #:

01543

21104

31813

William & Averil Motherwell

William & Avrill Motherwell

William & Averil Motherwell

Applicant:

Applicant:

Applicant:

Proposal:

Proposal:

Proposal:

To exclude 6.1 ha for industrial use.

To subdivide 2.0 ha lot from the subject property to provide a homesite for the applicant's son anddaughter-in-law.

To subdivide a 2.0 ha parcel from the existing 34.7 ha property to provide a homesite for the applicants' son and family.

Application ID:

Application ID:

44665

9951

Legacy #:

Legacy #:

37867

15529

Bill Motherwell

Cobble Hill Bulldozing

Applicant:

Applicant:

Proposal:

Proposal:

Non-farm use to construct a mini storage facility including one residence care taker suite. (See application J-31701)

To subdivide the subject property into six lots of 2 ha each.

2 of 5

Re: Application 52561 Page 3 of 3

END OF REPORT

ALC STAFF COMMENTSIt is recommended that the Commission consider the following: -The improved ratings of the agricultural capability of the 2.0 ha proposed for subdivision are identified as prime dominant. With improvements the land is classified as Class 2 and 3 with the limitation of stoniness, topography and undesirable soil structure. The remainder of the property is identified as improvable to Class 2, 3 and 5 with the limitations of topography, undesirable soil structure, stoniness and moisture deficiency. -The aerial photograph of the property demonstrates that the land was for the most part forested, with some cleared areas for the existing homesite and industrial area. This aerial photograph also demonstrates that there are other agricultural operations in close proximity to the subject property, notably directly north and south of the subject property. -The property is completely within the ALR. -There have been three previous applications on this property, and two relevant applications on the property to the east which were also owned by the same family. -It appears that the applicant qualifies for consideration under the Homesite Severance Policy, however, due to thehistory of applications on the property, the Commission could discuss if the applicants have already gained an additional parcel that keeps within the intent of the Homesite Severance Policy.

ATTACHMENTS52561_ContextMap20k.pdf52561_AgCapabilityMap.pdf52561_AirphotoMap10k.pdf

Prepared by: Jennifer Carson

LOCAL GOVERNMENT INFORMATIONOfficial Community Plan:

Zoning:

Comments and Recommendations:Advisory Planning Committee

Agricultural Advisory Committee

Board/Council

Planning Staff

The subdivision is allowed under section 946 of the Local Government Act.

The AAC does not review ALR applications.

That the application be forwarded with support of the homesite severance aspect of the application.

To forward the application without a recommendation.

South Cowichan OCP Bylaw No.3510Bylaw Name:Designation: Agricultural and IndustrialOCP Compliance: Yes

Zoning Designation: AgriculturalMinimum Lot Size: 12.0 haZoning Compliance: Yes

3 of 5

Telegraph Rd

Trans-Canada Hwy

Thain Rd

Fisher

RdCobble Hill Rd

Cowi

chan

Bay

Rd

Cherry Point Rd

Freeman Rd

Braithwaite Dr

Judge Dr

MacDougall Rd

Kingscote Rd

Cedardale Rd

Galliers Rd

Holla

nd Av

e

Wilder Rd

Rolmar Cres

Vanland Rd

Sears Rd

Fairfield Rd

Christina Dr

Aros Rd

Mindy Rd

Shearing Rd

Robson Lane

Cheeke Rd

St Cath

erines D

r

Wood Rd

Braem

ar Rd

Princess Ave

Cowerd Rd

Farnsworth Rd

Brentview Dr

Dougan Dr

Tommy Rd

Lakeside Frtg

Jims Cres

Highland Pl

Koerner Rd

Ball Rd

Laure

ls Pl

Leaside Rd

Joseph Rd

Watso

n Ave

Stuart Cres

Soren

Pl

Ellison Pl

Loralee Rd

Nelson Rd

Mother Well Rd

Regent Pl

Longbou

rne Rd

turning lane

Douglas Vale Pl

Tommy Rd Onramp

Brookside Cres

turning lane

Cherry Point Rd

Wilder Rd

Sec 1, Rge 6 Sec 1, Rge 7

Sec 2, Rge 6Sec 2, Rge 5

Sec 1, Rge 5

Sec 15, Rge 6

Sec 2, Rge 7

Sec 13, Rge 6

Sec 15, Rge 5

Sec 18, Rge 6

Sec 14, Rge 6

Sec 16, Rge 6

Sec 19, Rge 7

Sec 18, Rge 5

Sec 19, Rge 6

Sec 20, Rge 5

Sec 17, Rge 6

Sec 15, Rge 7

Sec 20, Rge 6

Sec 13, Rge 7

Sec 14, Rge 7

Sec 18, Rge 7

Sec 14, Rge 5

Sec 17, Rge 5

Sec 16, Rge 7Sec 16, Rge 5

Sec 13, Rge 5

Sec 20, Rge 7

Sec 17, Rge 7

Sec 3, Rge 5 Sec 3, Rge 6

Sec 1, Rge 8

Sec 3, Rge 7

Sec 19, Rge 8

Sec 20, Rge 8

Sec 18, Rge 8

Sec 17, Rge 8

Sec 16, Rge 8

Sec 2, Rge 8

Sec 15, Rge 8Sec 15, Rge 4

Sec 14, Rge 8

Sec 13, Rge 4

Sec 14, Rge 4

Sec 12, Rge 7 Sec 12, Rge 8

Sec 13, Rge 8

Sec 16, Rge 4

Sec 17, Rge 4

Sec 18, Rge 4

Sec 20, Rge 4

Sec 19, Rge 5 IR 4 EST-PATROLAS

Sec 1, Rge 4

Sec 19, Rge 4

Sec 2, Rge 4

Sec 3, Rge 4

Sec 12, Rge 6

DL 319Sec 3, Rge 8

123°36'0"W

48°4

2'0"N

Map Scale:

K

S

C

C

C N R

V E

R

E

Lake

Lake

N

CH

N

E

A

C

COVE

C

N

D'Arcy

H E

S

R I

I

R

A

Goldstream

o

C

T

L

A

LA

I

H

Beaver

D'Arcy

Sidney

SO

N

I

N

C

L

E

L

S

1

I

I

E

R

D

E

S

r

u

H

A

SALTSPRING

M

Prospect

T E

SIDNEY

Moresby

Pt

ISLAND

BAY

R

I

K

U

V

N

R

WOOD

ro

s

N

I

SULLIVAN

A

Coal

CORDOVA

N

N

I

O

HN

I

MTBRENTON

H

V

E & N

V E

DUNCAN

O

w

a

m

S

E

S

Ganges Hr

N

LLAKE

N

E

Gordon Head

I

M

U

R

E

Shawnigan

R

Sooke

GL

a

s

n

T

L

NI

ROYAL OAK

A

S

I

I

A

Mayne I

I

WA

18

A

E

LA

R

L

N

L

MTISLAND

O

DEEP

CH

PROSPECT

17

I

I

O

R

H

VE

R

R

A

MILLSTREAM

MT

I

17A

N

I

Portland

L

Prevost

James

W

NORTH COWICHAN

SAANICH

SIDNEY

DISTRICT OF HIGHLANDS

DUNCAN

200 0 200 400 600 800 1,000Meters

Map Location

ALC File #:

Mapsheet #:

Map Produced:

Regional District:

1:20,000ALC Context Map

Subject Property

ALR

5256192B.073

Cowichan ValleyJan 11, 2012

4 of 5

123°36'0"W

48°4

2'0"N

Map Scale:

ALC File #:

Mapsheet #:

Map Produced:

Regional District:

1:10,000

Airphoto MapTimberwest Ortho 2002

100 0 100 200 300 400 500Meters

Subject Property

5256192B.073

Cowichan ValleyJan 11, 2012

5 of 5