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Printed on: __________________________________ ____________________________ 16-May-13 9:48:34 AM Department Head CAO Report prepared by: Johannes Bendle, Land Use Planner

PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES

TEMPORARY USE PERMIT REPORT TUP NO. 047/2013

OWNER: BC Hydro DATE: May 13, 2013 AGENT: Andrew Hickey (leasing from the District of Taylor)

AREA: Electoral Area D LEGAL: Lot 2, Plan 25779, Part SE 1/4 Sec. 25, Twp. 82, Rge. 18, W6M, PRD LOT SIZE: 5.20 ha (12.8 acres) LOCATION: South Taylor, east of the Alaska Highway

PROPOSAL Application for a new Temporary Use Permit to operate an existing recreational paintball game business with an office and storage building on site.

RECOMMENDATION: OPTION 1 THAT the Regional Board approve the issuance of Temporary Use Permit No. 047/2013 for a three year term for the purpose of the operation of a paintball game business.

OPTIONS OPTION 1: THAT the Regional Board approve the issuance of Temporary Use Permit No. 047/2013 for a three year

term for the purpose of the operation of a paintball game business.

OPTION 2: THAT the Regional Board refuse the issuance of Temporary Use Permit No. 047/2013.

LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): South Taylor Management Area, NPFA OCP No. By-law 1870, 2009

ZONING: A-2 (Large Agricultural Holdings Zone), By-law No. 1343, 2001

AGRICULTURAL LAND RESERVE (ALR): Within

BUILDING INSPECTION AREA: Within

SITE CONTEXT The subject property is located in the South Taylor area just east of the Alaska Highway along the Taylor Flats Subdivision Road and Taylor Park Subdivision Road. South Taylor is comprised of a mix of agricultural, commercial, residential, and public uses. The subject property borders Crown land to the north, a residence/market garden to the west and east, and faces two residential lots to the south.

SITE FEATURES LAND: The property is mostly treed with a cleared area located in the southwest corner. STRUCTURES: One 16 ft x 24 ft square foot office/storage building. ACCESS: Taylor Flats Subdivision Road and Taylor Park Subdivision Road. FIRE: The subject property is within the Taylor Rural Fire Protection Area.

Part 26 Participants. Includes all except District of Tumbler

Ridge.

File No. 047/2013

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COMMENTS AND OBSERVATIONS APPLICANT: The subject property is owned by BC Hydro and leased to the District of Taylor, which has subleased

the land to the applicant and continues to authorize the paintball business.

The applicant first started his paintball business in 2004 under Temporary Commercial Use Permit (TCUP) #25/2004. This permit was renewed two years later in 2006 as TCUP #45/2006. In 2008, TCUP #45/2006 was renewed for another two years as TCUP #241/2007 after the applicant’s OCP/Zoning Amendment application was refused by the Board. In 2008, the issue of ‘renewals’ of Temporary Use Permits was investigated with legal counsel. As a result, the applicants were issued TCUP #241/2007 as a renewal of TCUP #45/2006 as per Local Government Act, Section 921(13) and (14). In 2010, TCUP #241/2007 was renewed for another two years as TCUP #52/2010.

Note: A Temporary Use Permit is for any duration up to a maximum of three years. If a permit is re-issued, applicants have the following options available to them at the expiry date:

a) discontinue the operation; or b) apply for a new Temporary Use Permit; or c) apply for a zoning amendment.

ALR: The Agricultural Land Commission approved a paintball business use on the subject property by Resolution #16/2004 subject to all temporary structures and parking area being kept to the old mobilehome site and gravel pad area. The ALC’s approval is not subject to an expiry date.

OCP: The subject property is designated as “South Taylor Management Area” within NPFA OCP No. By-law 1870, 2009, wherein a paintball business use is not permitted. However, the OCP allows for temporary commercial uses throughout the Plan area.

ZONING: The subject property is currently zoned A-2 (Large Agricultural Holding Zone) within the PRRD Zoning By-law No. 1343, 2001, wherein a paintball business use is not permitted. However, should aTemporary Use Permit be issued, a zoning amendment will NOT be required.

IMPACT ANALYSIS AGRICULTURE: The proposal has ALC approval, as stated above.

CONTEXT: The proposal is not consistent with neighbouring land uses, but there are several mitigating factors: - the land is intended to remain largely in its natural and existing state. - the fencing around the boundary of the property should help to avoid land use conflicts with

immediate neighbors, which include small market gardens. - the proposal will likely not change the character of the area from what it has been since the

business started in 2004.

TRAFFIC: The proposal will likely not change the amount of traffic in the area from what it has been since the business started in 2004.

MUNICIPAL AND AGENCY COMMENTS Ministry of Transportation & Infrastructure:

Northern Health Authority:

The Ministry has no objection to the continuation of this temporary business. Thank you for the opportunity to comment.

Ensure the usage of the property meets the requirements of the Public Health Act and regulations, Drinking Water Protection Act and Regulations, Sewerage System Regulation, and PRRD Noise By-law. Note: Any type of sewerage system must be conducted by a Registered Onsite Wastewater Practitioner (ROWP) and file with the local Health Unit (see http://owrp.asttbc.org/c/finder.php for more information).

District of Hudson’s Hope: Interests unaffected by By-law.

File No. 047/2013

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Agricultural Land Commission:

This is to advise that the Agricultural Land Commission has no objection to the issuance of a Temporary Use Permit to permit a paintball game business on Lot 2, Plan PGP25779..... Section 25...PRD. The Commission approved a paintball game business use on Lot 2 by Resolution #16/2004

NOTIFICATION Pursuant to Section 921 of the Local Government Act, public notification was mailed to all landowners within 1,500 meters of the subject property on May 10th, 2013 and will be advertised in the Alaska Highway News on May 17th, 2013. No written comments have been received as of the date of this report.

File No. 047/2013

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TUP REPORT HICKEY MAPS

FILE NO. 047/2013

North Peace Official Community Plan (Map 7)

Zoning By-Law 1343, 2001 (Map 17)

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Subject Property

Subject Property

File No. 047/2013

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TUP REPORT HICKEY MAPS

FILE NO. 047/2013

Agricultural Land Reserve (Map 94A.017)

Air Photo

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ALR

ALR

ALR

Subject Property

Subject Property

PEACE RIVER REGIONAL DISTRICT

Box 810, 1981 Alaska Avenue, 9505— lOOfl’ Street,Dawson Creek, BC VIG 4H8 Fort St. John, BC V1J 4N4Telephone: (250) 784.3200 Telephone: (250) 785.8084Fax: (250) 784.3201 Fax: (250) 785.1125

Toll Free: 1.800.670.7773

Receipt #:

Application for Development o 7/zo3.FEES

Official Community Plan Amendment $1,000.00

Zoning Amendment $ 650.00

Official Community Plan and Zoning Amendment combined $1,050.00

Temporary Use Permit $ 350.00

D Development Permit $ 165.00

U Development Variance Permit $ 165.00

Sign requirement [Amended by By-law No. 1898, 2010] $ 150.00The applicant, on those parcel(s) subject to an amendment to:

i) an official community plan and/or zoning by-law;ii) temporary commercial or industrial use permit;

shall post a development application sign on the subject property,as provided by the Regional District.

A $150.00 fee will be charged for utilizing the sign and a $100.00 refund will beissued upon return of the sign to the Regional District.

2. Please print

Prqperty Owner’s Name Authorized Agent of Owner (if applicable):

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Address of Owner Address of Agent

333‘- S-i- So?.

City I Town / Village City I Town I Village

i3LPostalCode PostalCode uoc.. kcTelephone Number: Telephone Number: 3 50 - 7 t 3 1 77Fax Number: Fax Number:

e-mail address: e-mail address:

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Application for Development Page 2

3. Full legal description of each property under Area of each lotapplication

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S77c1 ha./acres

Total area /. ha./&

4. Civic address or location of property: t3I Y._...,t- Ff I-c S.t 4 d.I

5. Particulars of proposed amendmentPlease “check” the box(es) that apply(ies) to your proposal.

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Official Community Plan (OCP) amendment:Existing OCP designation:

________

Proposed OCP designation

________

Text amendment:

_______________

For a Zoning amendment:Existing zone: —

Proposed zone —

Text amendment:

Development Variance Permit: - describe proposed variance request:

Temporary Use Permit (describe proposed use):CA J&-4%

For a Development Permit: By-law No. Section:

6. Describe tie existing use and buildings on the subject property:aa

7. Describe the existing land use and buildings on all lots adjacent to and surrounding thesubject property:

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8. Describe the proposed development of the subject property, attach a separate sheet ifnecessary: ..

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a) Northb) Eastc) Southd) West

Application for Development Page 3

9. Reasons and comments in support of the application, attach a separate sheet if necessary:

The following information is required. Failure to provide any of the following may delay theapplication.1. A copy of the proof of ownership. [For example: Certificate of Title or recent Tax Assessment] for

the subject property or properties.

2. A Sketch Plan of the subject property, showing:• the legal boundaries and dimensions of the subject property;• boundaries, dimensions and area of any proposed lots (if subdMsion is being proposed);• the location of permanent buildings and structures on the subject property, with distances

to property lines;• the location of any proposed buildings, structures, or additions thereto, with distances to

property lines;• the location of any existing sewage disposal systems;• the location of any existing or proposed water source; and

3. Additional or more detailed information may be requested by the Regional District following reviewof your application.

If the Regional District believes it to be necessary for the property boundaries and the location ofbuildings and structures to be more accurately defined, a plan prepared by a British Columbia LandSurveyor may be required.

I/We hereby declare that the information provided in this application is, to the best of my / our knowledge,true and correct in all respects, and I/we enclose the required fee with this application.

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Signature of Ownerls: ,‘j?3,Signature of Owner/s: 7C4., ,i

Date: 1i3 4Agent’s AuthorizationShould the property owners elect to have someone act on their behalf in submission of this application, thefollowing must be signed by all property owners.

I I We and hereby authorize

(name) to act on my/our behalf in respect of this application.

Address of agent:

Telephone: Fax Email:

Signature of Owner/s: Date

Signature of Owner/s: Date

Sniper Valley PaintballTemporary Commercial Use Permit Renewal Application

Question #9 Reasons and comments in support of the application.

The Sniper Valley Paintball Field has been in operation since 2004 and has been wellreceived by the community. We accommodate all kinds ofpeople from youth/schoolgroups re-enacting historical war battles to company picnics as well as recreationalpaintball players. People from all walks of life and all over the world have enjoyed theever growing and popular sport of paintball at Sniper Valley Paintball. Our facilitysupports paintball as a fun and safe form of community recreation. We are a fully insuredfacility. All of our games are supervised by referees who promote safety andsportsmanship. We are complimented often by our customers as having the best paintballexperience ever with our very clean and well run field.

With the Regional District’s support we would like to continue the existing recreationalventure into the future.

SCHEDULE “A”

Temporary Commerical Use Permit#52/2010

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PEACE RIVER REGIONAL DISTRICT

TEMPORARY USE PERMIT NO. 047/2013-TUP Dated the _______ day of __________ 2013 and issued to:

Applicant Lease Owner Land Owner Andrew Hickey District of Taylor BC Hydro

Box 183 Box 300 333 Dunsmuir Street Taylor, BC V0C 2K0 Taylor, BC V0C 2K0 Vancouver, BC V6B 5R3

A. 1. Properties affected: Lot 2, Plan 25779, Part SE 1/4 Sec. 25, Twp. 82, Rge. 18, W6M, PRD as

indicated in “Schedule A” (as attached to and forming part of this permit) 2. Official Community Plan: North Peace Fringe Area OCP By-law No. 1870, 2009: “South Taylor Management Area” 3. Zoning By-law: PRRD Zoning By-law No. 1343, 2001: “A-2 (Large Agricultural Holdings Zone)”

B. Development upon the land referenced in this permit shall conform to the following specifications and terms:

1. This Temporary Use Permit is valid up to and including May 23, 2016, at which time it shall expire and the property affected by this permit will be subject to the applicable zoning regulations.

2. The property referenced in Item A(1) above may be used for the following purpose in addition to those

permitted by the zoning applicable to the property:

i) Operation of a paintball game business

3. The conditions under which the Temporary Use must be carried out are as follows: i) permit to be posted on site for its duration ii) compliance with all statutory and by-law requirements. iii) the temporary use may occur on the noted area of the property as shown on Schedule A attached to

and forming a part of this permit. 4. All terms and specifications referred to above are subject to any changes required by the Building Inspector

or other officials of the Peace River Regional District where such terms and specifications do not comply with any duly enacted law or by-law and such non-compliance is not specifically permitted by this Temporary Use Permit; other variations which do not substantially alter the work referred to above may be permitted if approved in writing by the Administrator.

5. THIS IS NOT A BUILDING PERMIT.

Authorizing Resolution No. ____________________ passed by the Regional Board this ___________ day of ________________________, 2013. __________________________________________ Fred Banham, CAO Schedule “A” is attached to and forms part of this Temporary Use Permit.

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Lot 2, Plan 25779, Part SE 1/4 Sec. 25, Twp. 82, Rge. 18, W6M, PRD

Schedule “A” Peace River Regional District

Temporary Use Permit No. 047/2013