CITY OF WEST KELOWNA

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1 CITY OF WEST KELOWNA AGENDA FOR THE AGRICULTURAL ADVISORY COMMITTEE MEETING TO BE HELD AT THE CITY OF WEST KELOWNA COUNCIL CHAMBERS, 2760 CAMERON ROAD, WEST KELOWNA, BC ON THURSDAY, JUNE 7, 2018 COMMENCING AT 5:00 P.M. 1. CALL THE REGULAR AGRICULTURAL ADVISORY COMMITTEE MEETING TO ORDER: 2. ADOPTION OF AGENDA: 3. ADOPTION OF MINUTES: 3.1 Minutes of the Agricultural Advisory Committee Meeting held Thursday, May 3, 2018 at the City of West Kelowna Council Chambers. Pg PRESENTATIONS: 5. AGRICULTURAL REFERRALS: Presented by City Planner 5.1 File: A 18-03, ALR Non-farm Use Application, 3275 Shetler Drive Pg File A 18-04, ALR Non-farm Use Application, 2655 Rufli Road Pg INFORMATION ONLY: 7. CORRESPONDENCE: 8. OTHER BUSINESS: 8.1 Issues Identification (Standing Item) 9. ADJOURNMENT OF THE REGULAR MEETING: The next Agricultural Advisory Committee meeting will be held in City of West Kelowna council Chambers on July 5,

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3 CITY OF WEST KELOWNA MINUTES OF THE AGRICULTURAL ADVISORY COMMITTEE HELD AT THE CITY OF WEST KELOWNA COUNCIL CHAMBERS, THURSDAY, MAY 3, 2018 PRESENT: Members: Jan Bath, Chair Graham Pierce Colin Cruickshank Serina Penner Sherri Paynter Staff: Carla Eaton, Planner Jaleen Rousseau, Planner Philippa Harding, Secretary 1. CALL THE REGULAR AGRICULTURAL ADVISORY COMMITTEE MEETING TO ORDER: The meeting was called to order at 5:07 pm. 2. ADOPTION OF AGENDA It was moved and seconded: THAT the agenda be adopted as amended. The motion carried unanimously. 3. ADOPTION OF MINUTES It was moved and seconded: THAT the minutes of the Agricultural Advisory Committee held Thursday, March 1, 2018 at the City of West Kelowna Council Chambers be adopted. The motion carried unanimously. 4. PRESENTATIONS: 3

4 5. AGRICULTURAL REFERRALS 5.1 File: A 18-02, ALR Non-farm Use Application, 2211 Campbell Road, Blackmun Bay Highlights of the presentation by the Planner include: The subject property is located at 2211 Campbell Road in the Casa Loma Neighbourhood; Parcel size of 7.1 ha and lakefront parcel of 290 m; The property is 900 m southwest of the Highway 97/Campbell Road intersection; Land Use designation in the OCP is Agricultural (pending amendment) and is Agricultural Precinct; Zoned Agricultural (A1) also pending amendments; Surrounding uses include: WFN IR#10 and Highway 97 interchange to the north, rural Residential and Single Family Residential RU2 to the south, Okanagan Lake (W1) to the east and Single Family Residential (R1) to the west; AAC reviewed the proposed bylaw amendments on January 11, 2018 and Council gave the OCP amendment first reading on February 13, 2018; The pending OCP and Zoning Bylaw amendments include: o OCP Amendment: Agricultural to Tourist Commercial (allows mixed use) above Campbell Rd o Rezone to Comprehensive Development Zone (CD8 Zone) above Campbell Rd - proposed for: o Apartment/Townhouse o Resort Apartment/Townhouse o Hotel o Parking o Accessory retail/commercial uses o o Natural areas Rezone to W3 Zone proposed for 241 slip marina & boat launch; The boat launch is subject to ALR approval as a non-farm use as it affects land within the ALR; The 241 slip commercial marina along with the potential boat launch will also require additional provincial approval Should this application proceed, the revised land use designation and draft CD8 zone will be referred to the committee separate from this non-farm use application; The existing A1 Zone and Agricultural Designation are proposed to remain on ALR lands; Development is proposing uses consistent with ALC Act with the exception of the requested non-farm use; Permitted farm uses may include a winery with food lounge, farm retail, etc.; 4

5 The OCP discourages putting pressure on farmland by encouraging densification outside of agricultural areas and supports the preservation and enhancement of the agricultural land base through land use decisions consistent with agricultural policies and plans; The OCP supports opportunity for future marine transit systems such as summer tourist/commuter route; The Agricultural Plan supports the protection of agricultural land and encourages limiting the amount of land used by residences/buildings to ensure the maximum amount of land remains in agricultural production; Activities that contribute to farming income such as agri-tourism are also encouraged by the Agricultural Plan; The Waterfront Plan considers waterfront development outside the Gellatly Village may be considered where it is small-scale, mixed use that serves residential neighbourhoods; The Waterfront Plan also notes that the City will need to work collaboratively with neighbours, developers and residents to secure new launch sites; Referral comments regarding the non-farm use application were sent out on April 27 th and only one reply (noting no comment from a parks perspective) has been received so far; The proposed boat launch is within a sensitive aquatic development permit area (ESA 2) and will require a development permit; Environmental considerations will also form part of the provincial permitting process. Highlights of the discussion include: The non-farm use is related to the proposed boat launch and shared road access; The road will be used to access the farm for farm use as well as the non-farm portion; The developer views the farm as an amenity to the proposed development on the upper portion of the property; The parcel is split zoned and also adjacent to a Water Use Zone; The parking for the boat launch is tied into the upland use, both below and above ground parking; The cabins initially proposed for agritourism have been removed from the proposal; Under the current city bylaw there should be 1 stall per 2 slips in a marina, this proposal is for 1 stall per 7 slips (this is under review); There will be no parking permitted on site for the marina or the boat launch; Parking is not a permitted use within the A1 Zone; Other uses can overwhelm the agriculture activities; The marina and boat launch has the potential of attracting a lot of traffic and vehicles; There needs to be adequate parking provided or vehicles will end up on the farm land; 5

6 This application does not include parking as a non-farm use, and no parking is permitted as a non-farm use; Developer is looking at users reserving parking ahead of time and denying access to boat launch if reservation not arranged; With parking being located on a different site there must be a legal mechanism to connect it to the boat launch; The CD8 Zone will consider parking; WFN has been referred the application, but there has been no response as of yet; Traffic is tied to zoning, not non-farm use; The current intersection design would require fill far into the farm land and may take up 100 s of square metres; Non-farm use can only cover a percentage of land, but an access road is permitted; Parcel coverage include building footprint, not paving of a driveway; The agricultural land is class one soil with good climate, a uniqe asset for the developer; There is great pressure on farm land by surrounding non-farm activities and uses; This proposal could potentially be an example of what could happen as farm land is being used and co-existing with other uses; Developer has already made some changes to address some of the concerns previously raised by the AAC; The agricultural buffer is located on residential side, not taking up agricultural land; The road is considered part of the buffer. It was moved and seconded: THAT the AAC support the non-farm use based on the concept presented. The motion carried unanimously. 6. INFORMATION ONLY ITEMS 7. CORRESPONDENCE 8. OTHER BUSINESS 8.1 Issues Identification (Standing Item) Water is not getting turned on for agricultural land, with horse pastures getting water prior to farms. This is later than normal. 6

7 9. ADJOURNMENT OF MEETING The meeting adjourned at 5:51 PM. CERTIFIED CORRECT Chair Secretary 7

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9 DEVELOPMENT REVIEW REFERRAL REFERRAL TYPE: Agricultural Land Reserve FILE NO: A REFERRAL ISSUED: May 21, 2018 ORIGINAL APPLICATION REFERRAL COMMENTS DUE BY: June 7, 2018 REVISED APPLICATION REFERRAL THIS DEVELOPMENT APPLICATION HAS BEEN REFERRED TO THE FOLLOWING: Building Department Review Fire Bylaw Enforcement Development Engineering AAC CWK OFFICE USE ONLY File Manager: Corey Scott Support/Technical Staff: N/A DRC Meeting Date: 06/06/2018 This application is scheduled for discussion at the Internal Development Review Committee meeting as noted: Applicant attending? Yes No Background Information: File No: A Property Size: 4.42 hectares Location: 3275 SHETLER DR Current Zoning: A1 Legal: Lot B, DL, 804, ODYD, Plan KAP64016 Owner: Abraham R Janse OCP Designation: Agricultural Agent: Jack Janse Related Files: N/A Subject: Non-farm use application for timber processing on an Agricultural (A1) parcel within the Agricultural Land Reserve (ALR). DESCRIPTION/OVERVIEW: Background: The property owner at 3275 Shetler Drive has submitted an application to the Agricultural Land Commission (ALC) to apply for a non-farm use. The application is the result of a complaint to Bylaw Enforcement when it was brought to the attention of the City of West Kelowna that a timber processing operation was being run from the agricultural parcel within the ALR. Surrounding land uses are all Agricultural (A1-zoned) and, as specified by the applicant, include: North Pasture; East Tree fruits production; South Vineyard, and; West Tree fruits production. The applicant is actively using the remainder of the parcel (excluding the residential portion) for tree fruit production. 9

10 Proposal: The applicant is proposing to use 0.1 hectares (ha) of the A1-zoned parcel to continue the timber processing operation in the off-season of tree fruits production. The applicant has identified that the timber processing activities take place on a seasonal basis and do not conflict with the ability to produce and distribute tree fruits. Outstanding Application Details More detail will be requested from the applicant on the exact times of the year that each operation runs on the property to determine whether the non-compliant use conflicts with the intended agricultural use on the property. Additionally, based on discussions with Bylaw and a brief analysis of the approximate area on the City s online mapping tool, WestMap, it is likely that the timber processing area takes place on a minimum of 0.18ha of the property, opposed to the 0.1ha that the applicant has indicated. Both the Site Plan submitted by the applicant and the aerial map from WestMap have been attached for review. The applicant has also noted that a portion of the property taxes paid have been for light industrial lands and activities. A property assessment notice from BC Assessment (attached) was submitted by the applicant. It demonstrates BCAA s classification of the property as partially light industrial. However, it does not appear that the City of West Kelowna was aware of the activities taking place on the parcel until Bylaw Enforcement received the complaint. Zoning Bylaw No Discrepancies Timber processing is a land use that is only permitted within the Timber Processing and Manufacturing (I3) Zone. As such, a Site-specific Text Amendment to the Zoning Bylaw would also be required to continue the use on the property. Comments: Should you require any further information, or are unable to provide comments prior to the aforementioned comments due date, please contact the undersigned. Corey Scott Planner I Development Services 2760 Cameron Road, West Kelowna, BC V1Z 2T6 Telephone: Fax: corey.scott@westkelownacity.ca 10

11 CITY OF WEST KELOWNA CONTEXT MAP: A Subject Property (3275 SHETLER DRIVE) Glenrosa Elementary 4 Path: H:\DEVELOPMENT SERVICES\PLANNING\6635 Agricultural Land ALR\30-Applications\2018\A Shetler Dr\Maps\Context Map.mxd Date: 11/05/2018 File: A Legal Description: LOT B, DL 804, ODYD, PLAN KAP Subject Property District Boundary Metres 1:6,000

12 CITY OF WEST KELOWNA SUBJECT PROPERTY: A Subject Property (3275 SHETLER DRIVE) 4 Path: H:\DEVELOPMENT SERVICES\PLANNING\6635 Agricultural Land ALR\30-Applications\2018\A Shetler Dr\Maps\Untitled.mxd Date: 11/05/2018 File: A Legal Description: LOT B DISTRICT LOT 804 OSOYOOS DIVISION YALE DISTRICT PLAN KAP64016 LEGEND 12 Subject Property Zoning Boundary Parcels Metres 1:3,000

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14 West Kelowna Legend Landmarks Cemetery City Hall Community Centre Dam Fire Hall Museum Scale 1 : 572 Notes Meters Map Projection: NAD_1983_UTM_Zone_11N City of West Kelowna (2015) Map Produced on: 5/18/ :48:46 AM This map has been produced by the City of West Kelowna s Geographic Information System. The data provided is derived from a variety of sources with varying levels of accuracy. The City of West Kelowna makes no warranty or representation, expressed or implied, with the regard to the correctness, accuracy and/or reliability of the information contained herein. 14

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17 DEVELOPMENT REVIEW REFERRAL REFERRAL TYPE: Agricultural Land Reserve FILE NO: A REFERRAL ISSUED: May 30, 2018 ORIGINAL APPLICATION REFERRAL COMMENTS DUE BY: June 13, 2018 REVISED APPLICATION REFERRAL THIS DEVELOPMENT APPLICATION HAS BEEN REFERRED TO THE FOLLOWING: Development Review Committee Development Engineering Building Department Fire AAC CWK OFFICE USE ONLY File Manager: Corey Scott Support/Technical Staff: N/A DRC Meeting Date: June 13, 2018 Background Information: This application is scheduled for discussion at the Internal Development Review Committee meeting as noted: Applicant attending? Yes No File No: A Property Size: 1.45ha (3.57 acres) Location: 2655 RUFLI RD Current Zoning: A1 Legal: Lot 2, DL 806, ODYD, Plan KAP30470 Owner: Barbara Penner Garth Penner OCP Designation: Agricultural Agent: N/A Related Files: N/A Subject: Non-farm use application to the Agricultural Land Commission (ALC) for the construction of a carriage house to be used by immediate family of the property owners. DESCRIPTION/OVERVIEW: Background: The property owners at 2655 Rufli Road have submitted a non-farm use application to the ALC for a carriage house. The subject property is in the Westbank neighbourhood and surrounding land uses include (see attachments): North, West, and South Agricultural (A1-zoned) parcels, and; East Large Lot Single Detached Residential (R1L-zoned) parcels. The applicant has noted that approximately 2 acres of the subject property is used for the production of tree fruits and berries. From 2012 to present the property owners have made a number of agricultural improvements to the property to increase its capacity for production, notably the following: The conversion of 1.3 acres of unused pasture for strawberry and blackberry production, and; The gradual installation of raised beds, trellises, and drip irrigation on a total of 1.1 acres to date. 17

18 Proposal: The application request for a carriage house comes as part of a succession plan from the current property owners. The current owners would like to construct an age-in-place carriage house to use as their residence, while members of their immediate family take up residence in the primary dwelling to assist with farming activities. There is an existing detached garage on the property with a building footprint of approximately 80m². The application specifies that the new carriage house structure would also contain areas for the sale of farm goods and the storage of farming equipment (attached are photos of the existing garage structure and a rendering of the proposed new structure). The applicants have noted that the existing structure would be demolished and the proposed carriage house would use a larger footprint than what is currently existing on the property (see attached Site Plan). Should the non-farm use for the carriage house be approved by the ALC, it would have to meet the City of West Kelowna s Zoning Bylaw requirements for carriage houses on Agricultural (A1-zoned) parcels. This would mean that the maximum habitable area of the carriage house would be 140m² (1506.9ft.²). Comments: Should you require any further information, or are unable to provide comments prior to the aforementioned comments due date, please contact the undersigned. Corey Scott Planner I Development Services 2760 Cameron Road, West Kelowna, BC V1Z 2T6 Telephone: Fax: corey.scott@westkelownacity.ca 18

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