# Staff Report: ALR18-0001 - Application to Exclude 3468 Happy Valley Road from the Agricultural Land Reserve

Meeting: Regular Council — November 4, 2019

Canonical HTML: [Open Langford](<https://openlangford.ca/meetings/2019-11-04-regular-council/documents/1561>)

Meeting record updated: 2026-10-19T03:54:16.086477+00:00

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Source: [20191104-Agenda-Package](<https://langford.ca/wp-content/uploads/2021/05/20191104-Agenda-Package.pdf>)

Source pages: 32–38

## AI-processed summary

Report on an application to the ALC to exclude 3468 Happy Valley Road (0.51 acres) from the Agricultural Land Reserve, noting site context, OCP designation, consultation undertaken, and Council options including support (with edge buffer) or refusal.

## Extracted text

### Staff Report: ALR18-0001 - Application to Exclude 3468 Happy Valley Road from the Agricultural Land Reserve

Source pages: 32–38

## Staff Report: ALR18-0001 - Application to Exclude 3468 Happy Valley Road from the Agricultural Land Reserve

### Date
November 4, 2019

### Department
Planning

### Application No.
ALR18-0001

### Subject
Application to Exclude 3468 Happy Valley Road from the Agricultural Land Reserve to Allow a Small Lot Development

### PURPOSE

Source pages: 32–38

## PURPOSE

Paul Vandermade has applied on behalf of Mark Yi Zhang and Ming Ming Zu to exclude 3468 Happy Valley Road from the Agricultural Land Reserve (ALR).

### BACKGROUND

Source pages: 32–38

## BACKGROUND

### APPLICATION
The applicant is proposing to exclude the 3468 Happy Valley Road in its entirety (.51 acres) from the ALR. The subject property, as per section 23 of the Agricultural Land Commission (ALC) Act, because it was made less than 2 acres prior to December 21, 1972 is not regulated by the restrictions on the use of agricultural land of the ALR. The applicant, because of ALC Act Section 23, believes that the removal of the subject property from the ALR will not have negative implications.

### Table 1: Site Data

| Item | Details |
|---|---|
| Applicant | Paul Vandermade |
| Owner(s) | Mark Yi Zhang and Ming Ming Zu |
| Civic Address | 3468 Happy Valley Road |
| Legal Description | Lot 1, Section 84, Metchosin District, Plan 11198 |
| Size of Property | 2064.55m2 (0.51 acres) (0.2 hectares) |
| DP Areas | Habitat and Biodiversity |
| Zoning Designation | Agricultural 1 (AG1) |
| OCP Designation | Agricultural |

### SITE AND SURROUNDING AREA

Source pages: 32–38

## SITE AND SURROUNDING AREA

The existing site is currently being used for a pet daycare and grooming facility. Despite being zoned as agricultural land, the site is not being used for agricultural purposes and is not required to (ALC Act section 23). The property is adjacent to a housing development to the North as well as a housing development across Happy Valley Road. The City of Langford owns a small parcel of land to the North of the subject property containing a drainage ditch of Happy Valley Road, it does not contain water during the summer months. There are additional ALR lands to the South and West of the subject property.

### Table 2: Surrounding Land Uses

| Location | Lot PID | Size (Acre) | Zoning | Use |
|---|---:|---:|---|---|
| North | No PID available (990) Rattanwood Palce | 0.42 | RM3A | Residential |
| North | 028656555 | 0.086 | RM3A, RS3 | Residential |
| North | 028656539 | 0.113 | RS3 | Residential |
| West | (N/A) | N/A | RR2 | Active Recreation, Galloping Goose Trail |
| West | 007880642 | 11.91 | AG1 | Agricultural |
| South | 007848510 | 2.24 | AG1 | Agricultural |
| East | 028969693 | 0.064 | CD18 | Residential |
| East | 028969537 | 0.061 | CD18 | Residential |

[Image 1: Orthographic map of subject property: 3468 Happy Valley Road]

### COMMENTS

Source pages: 32–38

## COMMENTS

### OFFICIAL COMMUNITY PLAN
The subject property is designated as Agricultural Land in the Official Community Plan (OCP). The OCP provides direction and purpose with regards to ALR land within Langford:
- Objective 11.3 “Ensure development in or around farmlands does not preclude long term viability”.
  - Policy 11.3.1 – Develop an edge planning policy for properties adjacent to ALR properties or acquire farmland as a means to ensure new development will not jeopardize the long term use of the lad for agricultural purposes.
  - Policy 11.3.3 – As it relates to exclusion applications of farmlands from the ALR, the City will support exclusions provided there is considerable benefit that can be provided such as farmland dedications for community trust/or upgrades to farming/farmland infrastructure as part of exclusions.

In relation to the aforementioned objectives and policies of the OCP, the proposal to have the entire 3468 Happy Valley property removed from the ALR will allow for appropriate buffering between ALR and Residential properties. As the property is 0.5 acres, it does not support much in terms of agricultural benefit and therefore can be more appropriately zoned and developed provided an appropriate edge plan is implemented.

### DEVELOPMENT PERMIT AREAS
The subject property is within the following Development Permit Area(s):
- Habitat and Biodiversity.

A development permit will be required prior to any land alteration.

### AGRICULTURAL SUITABILITY
The applicant contracted an Agrologist to survey and report on the classification of the land to be excluded. The Agrologists report concluded that 0.4 acres contains Class 4 lands defined as containing limitations that require special management practices or severely restrict the range of crops, or both, and that 0.1 acres contains Class 3 lands that with proper irrigation and excess water management can be improved to Class 1 lands.

An Agricultural Suitability Review was conducted by the City of Langford in 2007 in order to identify land suitable for ALR retention. This review determined that the subject property would be suitable for ALR exclusion. As such, the former owners of the property, along with all of the owners of other properties identified as being suitable for exclusion, were invited to participate in the City’s 2015 Block Exclusion application. However, the former owners of 3468 Happy Valley Rd opted out of this application and therefore this property was not considered for exclusion at that time. It is noted that all of the properties not subject to the ALR regulations as per Section 23 of the ALC Act that were included in the Block Exclusion application were either conditionally or unconditionally approved for approved for exclusion by the ALC. The ownership of this property (3468 Happy Valley Rd.) has since changed hands and the new owners now wish to pursue this exclusion.

### NEIGHBOURHOOD CONSULTATION

Source pages: 32–38

## NEIGHBOURHOOD CONSULTATION

As per the requirements of the ALC Act, the applicant has taken the following steps to provide adequate consultation and information dispersal:
- News paper advertisement (Feb 7, 2018 and Feb 21, 2018);
- Proof of servicing notice; and
- On-site signage of application.

### FINANCIAL CONTRIBUTIONS

Source pages: 32–38

## FINANCIAL CONTRIBUTIONS

### COUNCIL’S AFFORDABLE HOUSING, PARK AND AMENITY CONTRIBUTION POLICY
In 2015, Council passed a resolution to require a contribution of $13.45/m2 of land excluded from the ALR as a bonus for increased density at the time of rezoning in addition to the standard contributions specified in this policy. However, as part of the process for the two properties that have come forward for rezoning since that time, a contribution of $6.72/m2 was required. In the event this exclusion application is successful, and the applicant wishes to rezone, Council could apply these contributions at that time.

### OPTIONS

Source pages: 32–38

## OPTIONS

That Council:

Option 1
1. Not support the application to exclude the Property at 3468 Happy Valley Rd and direct staff to forward the application to the ALC;

OR
Option 2

2. Not support the application to exclude the property at 3468 Happy Valley Rd and not forward the application to the ALC.

OR
Option 3

3. Support the application to exclude the property at 3468 Happy Valley Rd, subject to an edge buffer plan, and direct staff to forward the application to the ALC.

### Respectfully submitted

Source pages: 32–38

## Respectfully submitted

Submitted by:  
Wolfgang Schoenefuhs, Planning Technician

Concurrence:  
Matthew Baldwin, MCIP, RPP, Director of Planning

Concurrence:  
Adriana Proton, Manager of Legislative Services

Concurrence:  
Cory Manton, Manager of Parks and Recreation

Concurrence:  
George Henshall, Acting/Director of Engineering

Concurrence:  
Leah Stohmann, MCIP, RPP, Deputy Director of Planning

Concurrence:  
Michael Dillabaugh, CPA, CA, Director of Finance

Concurrence:  
Braden Hutchins, Director of Corporate Services

Concurrence:  
Darren Kiedyk, Chief Administrative Officer

### Appendix A

Source pages: 32–38

## Appendix A

[Image 2: Appendix A]

### Appendix B

Source pages: 32–38

## Appendix B

[Image 3: Appendix B]
