The Corporation of Delta COUNCIL REPORT Regular Meeting

Transcription

1 The Corporation of Delta COUNCIL REPORT Regular Meeting F.11 To: Mayor and Council File No.: LU From: Community Planning & Development Department Date: April 16, 2015 Provincial Agricultural Land Commission Application for Subdivision at 2950 Westham Island Road (Kamiah) The following report has been reviewed and endorsed by the Chief Administrative Officer. II RECOMMENDATION: THAT the application for subdivision at 2950 Westham Island Road be forwarded to the Provincial Agricultural Land Commission, noting that The Corporation of Delta has no objection to the proposed subdivision provided that the Provincial Agricultural Land Commission determines that the proposal qualifies as a homesite severance in accordance with the established Provincial Agricultural Land Commission policy. II PURPOSE: The purpose of this report is to present an application for a subdivision at 2950 Westham Island Road within the Agricultural Land Reserve for Council's consideration. The proposed subdivision would permit a 0.36 ha (0.9 ac) homesite parcel to be created from the subject property... BACKGROUND: Site Description and Context: The 14.3 ha (35.4 ac) subject property is centrally located on Westham Island and is actively farmed and surrounded by similar large farm properties. A location map is provided in Attachment A. The existing lot contains two single family dwellings located on both ends of a number of farm buildings along the Westham Island Road frontage. A separate parcel, 2898 Westham Island Road, contains another single family dwelling and is located between the existing house on the west side and the farm buildings on the subject property. This parcel is not a part of this application and was subdivided from the larger subject property in All single family dwellings on both lots are occupied by the members of the Kamiah family who have operated the farm since The owner has had an ownership share in the land continuously since 1969 and has farmed the land since Council Policy: The Official Community Plan designation for the subject property is A Agricultural which is intended for general and intensive agricultural uses. Relevant Official Community Plan policies relating to agriculture include the following:

2 2950 Westham Island Road (Kamiah) LU Page 2 of 4 April 16, Recognize farming as the primary use of agricultural land; Maintain the parcel size of Delta's agricultural land and encourage consolidation of agricultural parcels to increase parcel size, rather than fragmentation of agricultural lands; and Ensure additional farm houses are necessary for farm use or retired farmers, as permitted in Agricultural Land Commission legislation, regulations or policies. Subdivision of land within the Agricultural Land Reserve is regulated by the Provincial Agricultural Land Commission. Applications for subdivision must only proceed to the Commission if authorized by a resolution of the local government. Bylaws, permits or other approvals may be considered by Delta once approval is obtained from the Commission... DISCUSSION: Proposal: The owner is proposing to subdivide the subject property into two lots for estate planning purposes. The proposal would create a 0.36 ha (0.9 ac) homesite parcel in accordance with the Agricultural Land Commission Act, Policy #11 March 2003 regarding homesite severances (Attachment B). The homesite parcel is identified as proposed Lot 1 on the subdivision plan in Attachment C. The proposed homesite parcel would be located to the west of the farm buildings and would extend beyond the existing residential footprint by approximately 20 m (66 ft) to the west and 5 m (16 ft) to the south into cultivated lands. Accessory uses and structures associated with the existing house and the septic field would be located on the newly created parcel. Each parcel would have one existing farm house. A project data table is provided as Attachment D. Community Consultation: A public notification letter was sent to adjacent properties on December 18, 2014 and a public notice sign was posted on the property on January 5, 2015 in accordance with Delta's development procedures. No responses have been received.from residents of the adjacent properties in support or opposition to the application. Agricultural Land Reserve Approval Process: The Provincial Agricultural Land Commission's Homesite Severance Policy is intended to address situations where retired farmers, who have occupied a farm as a principal residence as owner-occupant since December 21, 1972, wish to dispose of the parcel but retain a homesite on the land. According to the Agricultural Land Commission Act, approval from the Provincial Agricultural Land Commission for subdivision is required except in prescribed circumstances where approval can be granted by the municipal Approving Authority. In this case, the proposed subdivision must be approved by the Provincial Agricultural Land Commission. When reviewing an application for a subdivision on land zoned for agriculture, Council may: CD Pass a resolution to refer the application to the Provincial Agricultural Land Commission for their consideration, with or without comment; or

3 2950 Westham Island Road (Kamiah) LU Page 3 of 4 April 16, 2015 III Pass a resolution refusing the application. The application would not be referred to the Provincial Agricultural Land Commission and the application would be refused. Local government comments are important in the Provincial Agricultural Land Commission's review, as they provide additional information based on local knowledge not otherwise available. While Delta's Zoning Bylaw includes a minimum lot size for subdivision of agricultural lands of 8.0 ha (20 acres), there is an exemption if the subdivision is for a homesite approved by the Provincial Agricultural Land Commission. Therefore, staff recommend that the application be referred to the Commission for their consideration noting that The Corporation of Delta has no objections to the proposed subdivision provided that the Commission determines that the proposal qualifies as a homesite severance in accordance with their policy. Development Variance Permit: Should the Provincial Agricultural Land Commission approve the proposed subdivision, an application for a development variance permit would be submitted to vary: 1. Section 502(1) of "Delta Zoning Bylaw No. 2750, 1977" to reduce the minimum side setback for a farm house from the east property line of proposed Lot 1 (the homesite parcel) from 15.0 m (49 ft) to 10.2 m (33 ft); and 2. Section 5.2(b) of "Delta Subdivision and Development Standards Bylaw No. 5100, 1994" to waive the requirements for frontage improvements along the Westham Island Road frontage of the subject property. The variances would permit the existing single family dwelling and road cross-section to remain. If the proposed subdivision is approved by the Provincial Agricultural Land Commission, a separate report would be brought forward for Council's consideration of the development variance permit. Implications: Financial Implications - There are no financial implications to Delta. Interdepartmental Implications - With the exception of the variance noted above, the owners would be required to comply with the development regulations set out in the "Delta Subdivision and Development Standards Bylaw No. 5100, 1994".

4 2950 Westham Island Road (Kamiah) LU CONCLUSION: Page 4 of 4 April 16, 2015 This application involves a proposed subdivision of 2950 Westham Island Road to create a new 0.36 ha (0.9 ac) homesite parcel for an existing single family dwelling. As the proposal would not negatively impact farming on the land and would not involve the development of a new farm home plate or single family dwelling, it is recommended that the application be forwarded to the Provincial Agricultural Land Commission for consideration in accordance with the Agricultural Land Commission Act. A development variance permit and subdivision can be considered by Delta subject to the owner obtaining approval for the subdivision from the Provincial Agricultural Land Commission. Jeff Day, P.Eng. Director of Community Planning and Development Department submission prepared by: Jimmy Ho, Planner JH/js ATTACHMENTS: A. Location Map B. Agricultural Land Commission Act, Policy # 11 March 2003 C. Site Plan D. Project Data Table G:\Current Development\LU FILES\LU007\LU007343\Council\Staff Report.docx - Thursday, April 16, 2015, 12:34:49 PM

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6 Attachment B Page 1 of 2 Policy #11 March 2003 Agricultural Land Commission Act HOMESITE SEVERANCE ON ALR LANDS This policy provides advice to assist in the interpretation of the Agricultural Land COlli mission Act, 2002 and Regulation. In case of ambiguity 01' inconsistency, the Act and Regulation will govern. The purpose of this policy is to provide a consistent approach to situations where property under application has been the principal residence of the applicant as owner-occupant since December 21, 1972 and the applicant wishes to dispose of the parcel but retain a homesite on the land. An application under Section 21 (2) of the Agricultural Land Commission Act is required. Persons making use of this policy should understand clearly that: a. no one has an automatic right to a "homesite severance"; b. the Commission shall be the final arbiter as to whether a particular "homesite severance" meets good land use criteria; (see #4 below) c. a prime concern of the Commission will always be to ensure that the "remainder" will constitute a suitable agricultural parcel. (see #5 below). Without limiting the generality ofthe foregoing, the following guidelines apply to "homesite severance" applications. 1. A once only severance may be permitted where the applicant submits documentary evidence that he or she has continuously owned and occupied the property as his or her principal place of residence since 21 December Where an applicant for a "homesite severance" has had a previous subdivision application approved by the Commission resulting in the creation of a separate parcel, the Commission may consider the previous approval as having fulfilled the objectives of the Homesite Severance Policy and may deny any further consideration under the Homesite Severance Policy. 3. An application for a "homesite severance" will be considered only where the applicant submits documentary evidence showing a legitimate intention to sell the remainder of the property upon the approval of the "homesite severance" application. [An interim agreement for sale, a prospective buyer's written statement of intent to purchase, a real estate listing, or some other written evidence of pending real estate transaction would be acceptable as documentation.] In considering the application, the Commission may make its approval subject to sale ofthe remainder within a specified period of time. A Certificate of Order authorizing the deposit of the subdivision plan will be issued to the Registrar of Land Titles only when a "transfer of estate in fee simple" or an "agreement for sale" is being registered concurrently. 4. There will be cases where the Commission considers that good land use criteria rule out any subdivision of the land because subdivision would compromise the agricultural integrity of the area, and the Commission must therefore exercise its discretion to refuse the "homesite severance". Where the Commission decides to allow a "homesite severance", there are two options: Page lof2

7 Attachment B Page 2 of 2 a. the existing homesite may be created as a separate parcel where it is of a minimum size compatible with the character of the property (plus a reasonable area, where required, for legal access purposes); or b. where the location of the existing homesite is such that the creation of a parcel encompassing the homesite would, in the Commission's opinion, create potential difficulty for the agricultural operation or management of the "remainder", the Commission may, as it deems appropriate, approve the creation of a parcel elsewhere on the subject property. 5. The remainder of the subject propelty after severance of the homesite must be of a size and configuration that will, in the Commission's opinion, constitute a suitable agricultural parcel. Where, in the Commission's opinion, the "remainder" is of an unacceptable size or configuration from an agricultural perspective, there are three options: a. the Commission may deny the "homesite severance"; b. the Commission may require that the "remainder be consolidated with an adjacent parcel; or c. the Commission may require the registration of a covenant against the title of the "remainder" and such a covenant may prohibit the construction of dwellings. 6. A condition of every "homesite severance" approved by the Commission shall be an order stipulating that the homesite is not to be resold for five years except in the case of estate settlements. Prior to the issuance of a Celiificate of Order authorizing deposit of the subdivision plan, the owner shall file with the Commission a written undertaking or standard notarized contractual commitment to this effect. 7. Where a "homesite severance" application has been approved by the Commission, local governments and approving officers are encouraged to handle the application in the same manner as an application under Section 946 of the Local Govel'l1l11ent Act insofar as compliance with local bylaws is concerned. Page 20f2

8 v U [D{5'-f-.5 "C',... PLAN SHOWING PROPOSED SUBDIVISION OF LOT 3 EXCEPT: PARCEL "A" (EXPLANATORY PLAN 15248); DISTRICT LOT lola, GROUP 2, NEW WESTMINSTER DISTRICT, PLAN B.C.G.S. 92G.005 SCALE: 1: 750,1', ""l-, -':, -""':'!-~~~:-~r--: - AU. DIfIIDiSlONS AJt W1R:C. - BEM."IGS ARC CiRI> IEAR:NCS AN!J C RNC) F'ROY QBS RVAlrONS I 'T'Iel4 oots e51 AND 1e'1 ho. CDfOTtS HtCTARES ~ D NOn;s SQUNI WEm S It DO:DTES PRtJPERTY l1nt CURRENT ZONING IS A1 : AGRICULTURE -- '" q ~j V «..."" C 'lyj'"u" 'c, j) '11' " 1, ""!. I~, I" ;.~ OeV"IC>;JJ~12'-:r C :';:.':. ~~~ '\ REM llig ~ i REM. LOT 3 PLAN il ~ WA'ISON,& BARNARD B.C. LAND SURVEYORS 1524-Ssth STREET CELTA. B.C. V4L:lAS TEL. ;43-Sli3,3 FAX ; \ \ =... 1~ ".T"'''''- rot tisp CnON AND L'F::IA1t N~ER 2:5, :014. 1HJS~DAY Of~.2013 l- WARREN, E. BARNARD (ess) B.C.L5. F!LEo 23714PSD PLO~ 2014/12/02 YAP: F-12 -u» Ol ::::: (Oru CD () ::T -"3 o CD... ::::J -",... o

9 Project Data for 2950 Westham Island Road (LU007343) Owner Dennis M. Kamiah Agent Murray Lott, Delta Law Office Application Date December 9, 2014 Existing Regional Growth Strategy Designation A Agricultural OCP Designation: Schedule A A Agricultural Zoning A 1 Agriculture No. of Lots 1 Lot Size 14.3 ha (35.4 ac) Lot Width Average Lot Depth Number of Houses Maximum Permitted House Size m (1,027 ft) m (1,340 ft) Permitted under A1 Zone 1 Farm House plus 1 additional Farm House* *subject to specific zoning requirements Lot 1: 330 ml (3,552 ff) Remainder: 465 m 2 (5,005 ft2) Proposed No change Attachment D Page 1 of 1 No change No change 2 Lot 1: 0.36 ha (0.9 ac) Remainder: ha (34.5 ac) Lot 1: 60.0 m (197 ft) Remainder: (831 ft) Lot 1: 60.0 m (197 ft) Remainder: m (1,340 ft) Proposed Lot 1: 1 existing Farm House Remainder: 1 existing Farm House No new houses are proposed. The existing houses comply with the size requirements of the A1 zone. G:\Current Developmenl\LU FILES\LU007\LU007343\Council\Atlachmenl C.docx