Attachment 3: ALR Land Use Decision - ALC File 69721
The Provincial Agricultural Land Commission decision allowing an access route on ALR land for the hospital's electrical energy centre.
July 25, 2024
Christopher Chmara Vancouver Island Health Authority DELIVERED ELECTRONICALLY
Dear Christopher Chmara:
Re: Reasons for Decision - ALC Application 69721
ALC File: 69721
Please find attached the Reasons for Decision of the Island Panel for the above noted application (Resolution #481/2024). As the agent, it is your responsibility to notify the applicant accordingly.
Please note that the submission of a $150 administrative fee may be required for the administration, processing, preparation, review, execution, filing or registration of documents required as a condition of the attached Decision in accordance with section 11(2)(b) of the ALR General Regulation.
Under section 33.1 of the Agricultural Land Commission Act (“ALCA”), the Chair of the Agricultural Land Commission (the “Commission”) has 60 days to review this decision and determine if it should be reconsidered by the Executive Committee in accordance with the ALCA. You will be notified in writing if the Chair directs the reconsideration of this decision. The Commission therefore advises that you consider this 60 day review period prior to acting upon this decision.
Under section 33 of the ALCA, a person affected by a decision (e.g. the applicant) may submit a request for reconsideration. A request to reconsider must now meet the following criteria:
- No previous request by an affected person has been made, and
- The request provides either:
- Evidence that was not available at the time of the original decision that has become available, and that could not have been available at the time of the original decision had the applicant exercised due diligence, or
- Evidence that all or part of the original decision was based on evidence that was in error or was false.
The time limit for requesting reconsideration of a decision is one year from the date of the decision’s release, as per ALC Policy P-08: Request for Reconsideration.
Please refer to the ALC’s Information Bulletin 08 – Request for Reconsideration for more information.
Please direct further correspondence with respect to this application to ALC.Island@gov.bc.ca
Yours truly,
Ciaran McKay, Land Use Planner
Enclosures: Reasons for Decision (Resolution #481/2024) Schedule A: Decision Map
AGRICULTURAL LAND COMMISSION FILE 69721 REASONS FOR DECISION OF THE ISLAND PANEL
Transportation Application Submitted Under s.22 of the Agricultural Land Reserve General Regulation
Applicant: Vancouver Island Health Authority
Agent: Christopher Chmara, Vancouver Island Health Authority
Property:
- Parcel Identifier: 023-304-600
- Legal Description: Lot A Section 100 Esquimalt District (Lying Partly Within Lake District) Plan VIP62515
- Civic: 1 Hospital Way, Victoria, BC
- Area: 2.7 ha (entirely within the ALR)
Panel:
- Jennifer Dyson, Chair
- Brenda Schoepp
- Jolleen Dick
OVERVIEW
[1] The Property is located within the Agricultural Land Reserve (ALR) as defined in s. 1 of the Agricultural Land Commission Act (ALCA).
[2] The Applicants are applying to the Agricultural Land Commission (the “Commission” or “ALC”) under s. 22 of the General Use Regulation to construct an asphalt access route (the “Access Route”) to enable vehicular access to the adjacent property where the Electrical Energy Centre for the Victoria General Hospital is to be constructed. The total area required for the Access Route is 485 m². The Applicant is seeking approval for the placement of 140 m³ of gravel and asphalt, placed across 295 m², to accommodate construction of the Access Route (the “Proposal”).
[3] The Property is owned by Vancouver Island Health Authority (VIHA) and is adjacent to the Victoria General Hospital (VGH) which lies outside of the ALR. The PID of the adjacent VGH is 001-161-300 (the ‘VGH Property’).
[4] The Application explains VGH has reached its maximum capacity for electrical service and upgrades to the existing electrical energy distribution equipment such as transformers and generators is required to increase electrical capacity for the hospital. The upgraded equipment is to be housed within a new electrical energy centre which is to be constructed on the adjacent VGH property. The purpose of the Access Route is to provide maintenance and fuel delivery vehicles access to the new electrical energy centre from Hospital Way. The Agent has indicated the Access Route will be used approximately once a week and will only be used by these vehicles.
[5] The Access Route occupies a total area of 485 m², 59 meters long; 5 meters wide; along the southern boundary of the Property. It is to be bordered by a security fence along the northern and eastern sides, set 2.4 m from the edge of the constructed route. A gate is to be located at the eastern end of the Access Route to allow access to the remainder of the Property.
[6] The Agent indicated that the long-term plan for the Property is to submit an exclusion application to the ALC to remove the Property from the ALR to facilitate expansion of the adjacent VGH northward.
[7] The Proposal was considered in the context of the purposes and priorities of the Commission set out in section 6 of the ALCA:
6 (1) The following are the purposes of the commission: (a) to preserve the agricultural land reserve; (b) to encourage farming of land within the agricultural land reserve in collaboration with other communities of interest; and, (c) to encourage local governments, first nations, the government and its agents to enable and accommodate farm use of land within the agricultural land reserve and uses compatible with agriculture in their plans, bylaws and policies.
(2) The commission, to fulfill its purposes under subsection (1), must give priority to protecting and enhancing all of the following in exercising its powers and performing its duties under this Act: (a) the size, integrity and continuity of the land base of the agricultural land reserve; (b) the use of the agricultural land reserve for farm use.
EVIDENTIARY RECORD
[8] The Proposal, along with related documentation from the Applicant, Agent, local government and Commission is collectively referred to as the “Application”. All documentation in the Application was disclosed to the Agent in advance of this decision.
BACKGROUND
[9] In 1977, Application 03793 was submitted to the Commission to permit the construction of a 300-bed hospital on the VGH Property. At this time the VGH Property was within the ALR. The application was approved by Resolution #5718/77, without limitation as to the size of the hospital. The hospital was subsequently constructed. In 1994 application 28918 was submitted to exclude the 10.5 ha VGH Property. The Commission approved the exclusion by Resolution #582/94.
[10] In 1999, Application 32194 was submitted on the subject Property for the construction of a non-profit lodge facility and parking area for families visiting patients of the VGH. The Commission approved the application by Resolution #68/99. However, this facility has not been constructed.
ANALYSIS AND FINDINGS
[11] The Application states an alternative non-ALR access route was considered which would have accessed the electrical energy centre from the VGH Property. However, this route was not preferred by the Applicant as it would have required the removal of VGH parking spaces which is already limited.
[12] The Panel considered the Proposal in context to the application history of both the Property and the adjacent VGH Property to the south. The Panel noted the Property is owned by VIHA and is bounded by Watkiss Road and Hospital Way which provided a significant barrier/buffer to the adjacent ALR lands to the north and to the west. The Panel finds the proposed Access Route is a minor intrusion on an ALR Property which is separated from the surrounding ALR to the north and west by roads. As such, the Panel finds the proposed Access Route would have a minimal impact on the ALR.
[13] The Panel reviewed the application history of both the Property and the VGH Property noting that the VGH Property was approved by the ALC for hospital development and exclusion. Further, the Panel considered that the Property also has a previous and valid approval for a lodging facility and parking area for visiting families of patients at the VGH.
[14] The Panel finds the Property’s isolation from the adjoining ALR lands by Watkiss Road and Hospital Way limits the impacts of the Proposal on the ALR, and the previous 1999 decision to allow non-farm uses on the Property compromises the Property’s long term agricultural potential. The Panel also finds it would be amenable to a future application for exclusion, if submitted within five years of the date of this decision, for the purpose of allowing an expansion of VGH.
DECISION
[15] For the reasons given above, the Panel approves the Proposal to construct an access route with a total area of 485 m² on the Property and to place 140 m³ of gravel and asphalt across 295 m² for construction of the access route subject to the following conditions: (a) Siting of the Access Route be in accordance with Schedule A of this decision; (b) The placement of fill for the Access Route does not exceed 140 m³ of fill across 295 m²;
[16] These are the unanimous reasons of the Panel.
[17] A decision of the Panel is a decision of the Commission pursuant to s. 11.1(3) of the ALCA.
[18] Resolution #481/2024 Released on July 25, 2024
Jennifer Dyson, Chair On behalf of the Island Panel
Schedule A: Decision Map
The map titled "Schedule A: Decision Map" (2023 ESRI / Maxar Orthophoto) displays the subject property and the conditionally approved project area.
Key features shown on the map:
- Subject Property (023-304-600): Outlined with a red dashed line, identifying the parcel within the ALR.
- Conditionally Approved Access Road and Security Fenced Area (~0.0485 ha): Highlighted with yellow hatching along the southern boundary of the property, adjacent to Hospital Way.
- Access Route Note: "Access road (59 m long by 5 m wide) with 2.4 m setback security fence."
- Agricultural Land Reserve (ALR) Boundary: Indicated by a green dashed line.
- Surrounding Context: The property is bordered by Watkiss Way to the north/northwest and Hospital Way to the south/southwest. The Victoria General Hospital buildings are situated to the south, outside of the ALR.
Map Details:
- ALC File No: 69721
- Resolution No: 481/2024
- Map Produced: July 10, 2024
- Map Scale: 1:2,000
- Local Government: Saanich
- Mapsheet No: 92B.043
Document Images
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