Staff Report – ALR17-0001: 940 & 960 Latoria Rd (ALR Exclusion Application)

PURPOSE

The City of Langford has applied on behalf of Sydney David McCormick, Gay Noreen McCormick and 679200 BC Ltd to exclude their properties located at 940 and 960 Latoria Rd from the Agricultural Land Reserve (ALR) to order to permit the development of a school site.

BACKGROUND

At their Special Meeting held January 24th, 2017, Council reviewed a staff report outlining a request from SD62 to develop a school site on the subject properties. This report contained background information regarding the previous ALR Block Exclusion application prepared by the City in 2015 as well as information regarding the registered Right of First Refusal and Option to Purchase the subject properties. This report is attached as an appendix to this report for reference. Council then passed the following resolution with regards to this proposal to develop the ALR-designated properties located at 940 and 960 Latoria Rd as a school site:

That Council:

1. Direct staff to work in conjunction with SD62 and the property owners of 940 and 960 Latoria Rd to prepare a new ALR Exclusion application with regards to those properties, and proceed with the required public notification; and

2. Direct staff to request that the ALC consider amending their conditional approval originally issued in June 2016 for the Block ALR Exclusion application (ALR15-0002) to include 940 and 960 Latoria Rd among those properties identified as “approved for exclusion” as part of the reconsideration currently being undertaken by the ALC; and

3. Direct staff to prepare a staff report to Council with regards to this application once required notification measures are complete and the application is submitted to the City.

CARRIED.

Table 1: Site Data

SITE AND SURROUNDING AREA

The subject properties are located on the north side of Latoria Rd approximately 50m east of Happy Valley Road. The properties both contain single-family dwellings and related accessory buildings. 960 Latoria is fairly flat while 940 Latoria gains approximately 17m of elevation from the property line shared with 960 Latoria towards the north eastern property line. Both properties are fairly open, with a few existing mature trees.

COUNCIL POLICY

OFFICIAL COMMUNITY PLAN

The subject properties are designated as Agricultural in accordance with Official Community Plan Bylaw No. 1200. While there are no specific policies with regards to this land use designation, Section 11 – Our Food System contains policies to support community agricultural activities. Further, the following Policy speaks to ALR Exclusion applications:

Policy 11.3.3
As it relates to exclusion applications of farm lands from the Agricultural Land Reserve (ALR), the City will support exclusions provided there is considerable benefit that can be provided such as farmland dedications for community trust and/or upgrades to farming / farmland infrastructure as part of exclusions.

Council may feel that developing a school site on the subject properties will provide a substantial community benefit, and therefore that this proposal is in keeping with the above-noted policy.

COMMENTS

SD62 has expressed interest in purchasing the subject properties for the purpose of developing a new school site. The school site would include an elementary school and possibly a middle school as well. SD62 has stated that the properties are centrally located within a significantly growing development area, and that their strategic planning anticipates that these developments will yield a high number of K-12 school aged students.

Staff have worked with SD62 staff and representatives of the property owners to prepare the ALR Exclusion application package. Staff have also completed the notification procedures required by the Agricultural Land Reserve Use, Subdivision and Procedure Regulation, which include placing two ads in the newspaper, installing a sign on the properties, and delivering Notices to adjoining property owners. Staff have not yet received any feedback from the public as a result of these notifications.

Legal Implications

As noted in the January 24th 2017 staff report, the City currently holds a Right of First Refusal to purchase 940 Latoria and an Option to Purchase a portion of 960 Latoria Rd in the event it is removed from the ALR. If this ALR Exclusion application is successful and the ALC grants ALR Exclusion to these properties for the purpose of developing a new school site, the City will be asked to release these rights in order to allow the ownership of these properties to transfer to SD62. As these rights were secured as a condition of rezoning the adjoining CD15 – McCormick Meadows lands, a public hearing will be required before the City can release them from the property titles.

As “schools” are not permitted within the current AG1 Zone, a rezoning and official community plan amendment will also be required to pursue a school site at this location if this ALR Exclusion application is approved. As such, Council could concurrently hold a Public Hearing with regards to the rezoning and official community plan amendment for the subject properties and with regards releasing the Right of First Refusal and Option to Purchase. In order to provide the Agricultural Land Commission, SD62 and the property owners some certainty with regards to the rezoning and official community plan amendments, Council may wish to direct staff to prepare the bylaws to amend the zoning and official community plan designations of the subject properties, in the event the ALR Exclusion application is successful.

OPTIONS

That Council:

1. Recommend to the Agricultural Land Commission that the properties at 940 and 960 Latoria Rd be removed entirely from the Agricultural Land Reserve, subject to the development of the properties as a school site; and
2. Direct staff to prepare bylaws to amend the official community plan and zoning designations of the subject properties to permit the development of a school site, if approved for ALR Exclusion by the Agricultural Land Commission, and to concurrently hold a public hearing with regards to the release of the Option to Purchase a portion of 960 Latoria Rd and the Right of First Refusal to purchase 940 Latoria Rd;

OR

3. Take no further action with regards to this application to remove the properties at 940 and 960 Latoria Rd from the Agricultural Land Reserve.

Respectfully Submitted

Submitted by:
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:
Matthew Baldwin, MCIP, RPP Director of Planning

Concurrence:
Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering

Concurrence:
Brent Molnar, Manager of Land Development

Concurrence:
Steve Ternent, Director of Finance

Concurrence:
Jim Bowden, Chief Administrative Officer

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