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PROPOSAL:
The applicants have applied under
Section 30 (1) of the Agricultural Land
Commission Act to exclude three (3)
properties fronting 44 Avenue (totaling
4.46 ha /11.01 acres in size) from the
Agricultural Land Reserve.
RECOMMENDATION SUMMARY:
That Council advise the Provincial
Agricultural Land Commission that the
Agricultural Land Reserve exclusion is
supported subject to implementation of
urban/rural edge planning measures.
RATIONALE:
The proposal takes into consideration
the rural/urban interface provisions of
the Rural Plan and completes a critical
element of the Township’s road
network as shown in the Murrayville
Community Plan (thereby improving
traffic circulation in Murrayville). It will
also serve to implement urban/rural
edge planning measures developed in
consultation with the Ministry of
Agriculture and Lands; and is
consistent with previous Council
recommendations supporting previous
applications on this site.
PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 2 . . .
RECOMMENDATION:
That Council advise the Provincial Agricultural Land Commission that the Hendricks et al
Agricultural Land Reserve exclusion application for property located at 21696 and 21846 – 44
Avenue and 4386-216 Street is supported, subject to implementation of edge planning
measures in compliance with Ministry of Agriculture and Lands standards.
EXECUTIVE SUMMARY:
The applicants have applied under Section 30 (1) of the Agricultural Land Commission Act to
exclude the subject 4.46 ha (11.01 acre) site (3 properties) fronting 44 Avenue in the Murrayville
area from the Agricultural Land Reserve. The purpose of the exclusion is to create 21 single
family lots averaging approximately 1,800 m2 (19,375 ft2 or ½ acre) in size. Staff recommend
that the exclusion application be supported and forwarded to the Provincial Agricultural Land
Commission (PALC) for review. The proposed ALR exclusion provides for the implementation of
rural/urban interface measures contained in the Ministry of Agriculture and Lands (MAL) “Guide
to Edge Planning” and completes an integral element of the Township’s road network as shown
in the Murrayville Community Plan and the Township’s Subdivision and Development Control
Bylaw Highway Classification Schedule “P-1” map, thereby improving traffic circulation in
Murrayville.
Similar applications for the exclusion of the subject site were previously received in 1993 and
2003 and endorsed by Council. In both cases, the PALC indicated it would initiate a future
reconsideration of the application if it was determined that the proposal forms part of an edge
planning initiative acceptable to the PALC, MAL and Township of Langley.
The applicant has offered to initiate the establishment of an “Agricultural Enhancement Trust
Fund” to ensure the proposed exclusion results in a net benefit to agriculture. Should the
Provincial Agricultural Land Commission approval be subject to the establishment of an
Agricultural Enhancement Trust Fund, staff will bring forward a report for consideration by
Council outlining the administration, cost, benefits and other implications on the Township of
Langley.
If the proposal is approved by the Provincial Agricultural Land Commission, applications to
amend Township’s Official Community Plan, Rural Plan and Murrayville Community Plan, as
well as rezoning and subdivision applications will subsequently be required.
PURPOSE:
This report provides Council with a recommendation with respect to an ALR exclusion
application on 44 Avenue in the Murrayville area.
PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 3 . . .
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PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 4 . . .
SUBJECT
PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 5 . . .
ADDITIONAL INFORMATION:
Chin-Chu Huo
Mei-Yu Yeh
21696-44th Avenue
Langley, BC
V3A 3E8
BACKGROUND/ HISTORY:
The Agricultural Land Commission Act allows Council the opportunity to provide
recommendations on exclusion applications made to the Provincial Agricultural Land
Commission. Recommendations to the PALC are generally based on community objectives
and policies contained in the various Municipal Plans, including the Rural Plan.
In 1993 a similar ALR exclusion application was made for the subject site consisting of 23 lots
averaging approximately 930 m2 / 10,010 ft2 including a landscape buffer adjacent to the rural
area. Council endorsed the application which was then forwarded to the Provincial Agricultural
Land Commission. Council’s endorsement was subject to the following conditions:
The Agricultural Land Commission subsequently refused the application indicating that:
x The subject properties have very good agricultural capabilities (i.e. Class 2 & 3
improved);
x 44 Avenue currently serves as a solid separation between the ALR to the south and the
urban land use to the north. Also, the narrow configuration of the three properties
serves as an ideal buffer in and of itself; and
x An approval would heighten the expectations of neighbouring property owners in the
ALR and could lead to a gradual erosion of ALR lands in the surrounding area.
In 2003 a similar ALR exclusion application (for these three lots and a portion of a fourth not
included in the current application) was made for the subject site consisting of 22 lots averaging
approximately 1800 m2/19,376 ft2 including a 7.5 metre wide landscape buffer adjacent to the
rural area. The fourth lot in that application is not included in the current application. Council
endorsed the application which was then forwarded to the Provincial Agricultural Land
Commission. Council’s endorsement was based on the following:
1. An opportunity to create a density transition (i.e. 1800 m2 / 22 lots) between urban and
rural uses along the new (proposed) ALR boundary;
2. An opportunity to create a landscaped buffer between urban and rural uses along the
new (proposed) ALR boundary;
3. An opportunity to connect a much needed road link between 216 Street and Benz
Crescent (to be eventually extended to 224th Street); and
PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 10 . . .
4. An opportunity to complete the construction and upgrading of 44th Avenue between 216th
Street and Benz Crescent at no cost to the Township.
The Agricultural Land Commission subsequently refused the application for the same reasons
outlined in its 1993 decision, however they acknowledged the challenges to agriculture which
exist as a result of the configuration of the properties and their limited potential for agricultural
development. The Commission however maintained the position that taking these rural
residential properties and converting them into urban density residential lots would not provide
an effective buffer when compared to what currently exists. While the Commission
acknowledged the limited agricultural potential, it believed that the parcels were suitable for
some agricultural uses, and in their existing configuration, formed part of a transition area
between urban density residential areas and farm land. It was the Commission’s opinion that
shifting the ALR boundary across the road provided no benefit to agriculture and widening the
road was not justification for allowing exclusion of the properties located south of the road.
The Commission also advised the applicants that the Commission and the Ministry of
Agriculture, Food and Fisheries were working with the Township of Langley to review the
Langley Rural Plan. Policies and more specific techniques for edge planning are still under
discussion, especially where (as here) the Commission does not agree with the use of the
“Small Farms/Country Estates” designation as a transitional density between urban and full-
scale agricultural development. The Commission has indicated that it would initiate the future
reconsideration of the application if it was determined through inter-agency review and Council
updating of the Langley Rural Plan that allowing the subject proposal would form part of a
mutually satisfactory resolution of edge planning policies for the Township of Langley.
DISCUSSION/ ANALYSIS:
The applicants have applied to exclude the three subject properties (located within the Rural
Plan area abutting Murrayville) from the Agricultural Land Reserve. The applicants propose to
create 21 single family lots averaging approximately 1800 m2 (19,375 ft2) in size with Suburban
Residential SR-3 zoning. Also proposed is a buffer at the rear of the lots adjacent to the rural
properties (15 metre / 49.2 feet wide) as a demonstration of edge planning principles, as well as
necessary road dedications and widening for 44 Avenue and 216 Street. The applicants are
also proposing a financial contribution towards establishment of a Langley Agricultural
Enhancement Trust Fund or other agricultural priorities Township Council identifies. See
applicants letter in Attachment A.
The subject site is located along the Murrayville / Rural Plan boundary (within the Rural Plan
area). The Township’s Rural Plan land use provides policies designed to minimize potential
conflicts along the urban/rural interface. Measures applicable in this instance include the
provision of:
x Spatial features such as arterial roads or provincial highways, railroads or hydro rights-
of-way;
PROVINCIAL AGRICULTURAL LAND COMMISSION
APPLICATION NO. 100178 (ALAN & ELIZABETH HENDRICKS ET AL)
Page 11 . . .
x Enhanced residential density transitions between urban and rural uses (i.e. increasing
the lot size with distance from the urban boundary);
x Larger and deeper lots on the urban side of the interface and fencing or landscape
buffering along the interface; and
x Notice on title indicating the proximity of farmland in the Agricultural Land Reserve.
44 Avenue (between 216 Street and 224 Street) has been partially completed as a result of a
number of single family residential subdivision approvals in the past. Both the Murrayville
Community Plan and the Township’s Subdivision and Development Control Bylaw Highway
Classifications Schedule “P-1” map identify 44 Avenue (between 216 Street and 224 Street) as
a 20 metres collector road eventually linking 216 and 224 Street. This connection is considered
to be a critical link in the Murrayville road network and if provided would improve traffic
circulation in the area. The portion of 44 Avenue abutting the subject site is currently a half road
(10 metres wide). The applicant’s proposed subdivision would result in the dedication and
construction of the south half of 44 Avenue adjacent to the site, creating a significant portion of
the much needed link between 216 Street and Benz Crescent. The remaining portion of 44
Avenue at and east of Benz Crescent will need to be secured from others at a later date. The
design alignment of this remaining segment of 44 Avenue is largely within the urban designated
area.
The proponent has submitted the following documents in support of the exclusion request as
follows:
x Contains no benefits to agriculture; but also does not take anything away from
agriculture;
x Comprises many possible future agricultural uses;
x 30 foot buffer too small (insufficient);
x Should the subdivision application be approved, a restrictive covenant on the lots should
state the owner’s acknowledgment of adjoining to agricultural land.
The current application (which addresses several of AAC’s previous comments) will be
forwarded to the Agricultural Advisory Committee for information.
POLICY CONSIDERATIONS:
Council may consider supporting the ALR exclusion application on the basis of the following:
1. An opportunity to facilitate the completion of a much needed road link between 216
Street and Benz Crescent in accordance with the Murrayville Community Plan and the
Subdivision and Development Control Bylaw;
2. An opportunity to implement urban / rural interface (i.e. edge planning) measures in
accordance with PALC and MAL recommendations including:
a) An opportunity to create an enhanced density transition between urban and rural
uses along the new (proposed) ALR boundary;
b) An opportunity to create a landscaped buffer between urban and rural uses
along the new (proposed) ALR boundary;
3. An opportunity should the Provincial Agricultural Land Commission approve the
application subject to such a condition, to consider the applicant’s offer to establish an
Agricultural Enhancement Trust Fund.
If the exclusion application is approved by the Provincial Agricultural Land Commission, the
proponent will be required to submit various Community Plan Amendment applications
(incorporating the lands into the Murrayville Plan) as well as Rezoning and Subdivision
applications. Road widening, servicing, buffering, environmental, tree protection and other
development requirements will be secured in accordance with normal Rezoning and Subdivision
approval process.
Respectfully submitted,
William Ulrich
DEVELOPMENT PLANNER
for
COMMUNITY DEVELOPMENT DIVISION
JG:BD:WU/wu
This report constitutes the “Local Government Report” as required under section 12 or 29 of the
Agricultural Land Reserve Use, Subdivision and Procedure Regulation.
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT E