DATE: October 22, 2008 FILE NO.: H

Transcription

1 REFERRAL Development Services Department Agricultural Land Commission Application DATE: October 22, 2008 FILE NO.: H FROM: RE: E. Riechert, Planner Referral from Regional District Okanagan-Similkameen Owner: Glen T Wharton & Carol J Wharton Agent: Dean Stinson Address: 422 Huey Road, Rural Princeton, Electoral Area H Legal: Parcel B (DD113682F and Plan B3532) of DL 2136, KDYD, except Plan Background: This application is for an exclusion under Section 30(1) of the Agricultural Land Commission Act (the Act) in order to permit a subdivision to occur within the Agricultural Land Reserve (ALR). Specifically, the applicant is seeking the Commission s approval to exclude the land of the subject property and facilitate the subdivision of 15 parcels approximately one hectare (ha) each in size. In support of this proposed subdivision, the applicant has stated amongst other things, that the soil is very rocky, dry, and has never been used as farmland. As well they state The property has been in the Wharton family since As we are both over 65 years of age and our children do not wish to live here, we feel that the most logical use for this land would be subdividing it into 1 hectare (2.5 acre) lots. The applicants have also stated their desire to leave a 30 metre strip of land next to Allison Creek and also dedicate some land as park. For reference purposes, the subject property is approximately 17.1 ha in size and is situated approximately 1 km north of the Town of Princeton boundary. The property is zoned Resource Area (RA) and designated RA in the Official Community Plan. There is no environmental mapping available for the area, there is a watercourse development permit noted for Allison Creek along the western boundary of the subject property. RDOS mapping has also flagged two possible archaeology sites on the subject property, a letter of notification is being sent to the applicant. The property is open pine-grassland, typical of the area s natural features. Current use of the property is residential and includes a principal dwelling, detached garage and a number of small sheds. Adjacent land uses are primarily large rural residential properties, zoned RA but also include a mobile home park to the south, zoned Small Holdings. The owners of the subject property have made two previous applications to the ALC. In 1982 an application was made to subdivide the parcel into four 7 acre (2.8 ha) lots and one 14 acre (5.6 ha) lot and in 2005 an application was made to subdivide four 2.02 ha lots and a remaining 9.8 ha parcel. The ALC did not approve either application. In the first instance the RDOS Board did support the proposed rezoning, in the second instance, the application to rezone to Page 1 of 1

2 Small Holdings One (SH1) went as far as third reading at which time the application was withdrawn due to the ALC s decision not to approve the subdivision. Under Section 34 of the Agricultural Land Commission Act, the Regional District must review [this] application, and forward to the commission the application together with [its] comments and recommendations. Referral responses are generally expected to advise the ALC as to the consistency of the proposal with the relevant Official Community Plan (OCP) and Zoning Bylaws, and if an amendment to either would be required as a result of approval. Under the Electoral Area H Zoning Bylaw 2464, 2008, the subject property is zoned Resource Area (RA), which requires a minimum parcel size of 8 ha. Relevant Information: The principal role for the Advisory Planning Commission (APC) in this referral process is to provide comment to the Regional District to refer to the ALC, as to the consistency of the requested exclusion against the relevant policy objectives contained within the Area H Official Community Plan, where: the applicant has stated agricultural capability of the land is low; the subject property is situated between large RA zoned tracts of land to the north, east and west and smaller parcels including Small Holdings and a Manufactured Home Park (RSM) zones to the south; the minimum parcel size under the current RA Zone is 8ha, whereas the applicant s proposed minimum parcel size of 1 ha will require the introduction of a Small Holdings Three (SH3) Zone; the Section on Future Land Use Designations contained within the OCP is silent on future development in this area; the OCP does, however, seek to provide a variety of rural and recreational living experiences while maintaining the low density character and minimizing the impact on the environment ; and to provide the opportunity for a limited amount of new residential subdivision of parcels large enough to support individual onsite septic disposal systems and only where development will not have an adverse effect on the environment ; the OCP is not seen to articulate any clear vision in relation to the intent or objectives to be pursued in relation to maintaining the integrity of existing Rural Designations; however, the OCP does state that a number of specific criteria shall be considered when assessing future applications that are seeking to create new SH3 zoned areas, specifically: a) capability of handling on-site domestic water and sewage disposal; b) availability of vacant land designated Rural; c) impact on the environment and adjacent land use designations and the character of the existing area; d) location to existing roads and other services; e) susceptibility to any potential hazards including but not limited to, flooding, soil stability problems, rock fall or moderate or higher forest fire risk; and f) capability of the natural environment and topography to accommodate additional development. The OCP discourages subdivisions that represents either strip development along major rural roads; lots which straddle watercourses or which require a creek crossing to gain Page 2 of 2

3 access to building sites; lot patterns and shapes which do not respect the rural and natural conditions of the area; and large subdivisions without through road access; and the OCP recognizes that the Agricultural Land Reserve contains some marginal or nonagricultural land, and some good capability lands are not in the Agricultural Land Reserve. A review therefore of the Agricultural Land Reserve boundaries in the Rural Planning Area is warranted [and that the] Regional District suggests the Provincial Agricultural Land Commission carry out a review as time and funds permit and the Regional District will assist in this process. Further to the requirements of Section 34 of the Agricultural Land Commission Act, should approval for an exclusion of the subject property be granted, an amendment to the OCP and Zoning would be required. In considering the strategic direction set by the OCP, the APC is asked to be aware that, as it relates to agricultural lands, the plan recognizes this industry (i.e. agriculture) as an important component of the local economy and supports the preservation and enhancement of farmland whether or not it is within the Agricultural Land Reserve. Alternatively, the applicant has stated that the parcel has never been used as farmland and the OCP does recognise that the ALR contains some marginal or non-agricultural land, and [that] a review of the Agricultural Land Reserve boundaries in the Rural Planning Area is warranted. It is thought that this exclusion and possible subdivision of the subject property could lead to an extension of the sub-urban fringe radiating from the Town of Princeton and an increased density that is not compatible with the predominant surrounding land use pattern. That being said, the SH3 Zone does list agriculture as a permitted use. Referral Comments: Engineering Services: The subject property is not within a community water system area and not within a community sanitary system area. The subject property is within the Town of Princeton fire department a fire district area and has a High fire hazard rating and adjacent to an Extreme fire hazard rating area. This application is proposing to subdivide the subject parcel. Any subdivision referral from the Ministry of Transportation must meet the requirements of the Subdivision Servicing Bylaw No. 2000, 2002, Schedule B, Levels of Works and Services, it states that each parcel between 1.40 Ha or greater will require the following minimum servicing: proven water source, which may be a private water supply; a septic ground disposal system, approved by the Ministry of Health; and overhead electrical power. The applicant s site drawing doesn t take access into consideration for the inner lots. If these are to be a fee simple parcel then a road dedication will be required and approved by the Ministry of Transportation. Environmental Coordinator: There is a watercourse development permit area along Alison Creek for non-agricultural development. Page 3 of 3

4 There is no environmentally sensitive development permits in this area and no associated mapping has been completed. However, the Interior Douglas Fir very dry hot biogeoclimatic zones which cover this property are known to have fourteen different ecosystems and 125 different species at risk (MOE, Species and Ecosystems Explorer). Any of these could be present in the existing property, but an assessment would be needed to identify this. An environmental impact assessment would be appropriate at rezoning, if the ALC were to approve the exclusion. Options for Recommendations: 1. The APC recommends to the RDOS that the ALC be advised that the proposed exclusion be approved and that it would require an amendment to the OCP and Zoning Bylaw, and that the following comments (if any) be forwarded to the ALC: 2. The APC recommends to the RDOS that the ALC be advised that the proposed exclusion not be approved, and that the following comments (if any) be forwarded to the ALC: Respectfully submitted, E. Riechert, Planner Attachments: Schedule X Applicant s Site Plan L:\Folio\Area H\H \ALR\H _Wharton_apc_ docx Page 4 of 4

5 Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) Fax (250) Agricultural Land Commission Schedule X File No. H N Subject Property RA 17.1 ha Page 5 of 5

6 Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) Fax (250) Agricultural Land Reserve Referral Applicant s Site Plan File No. H Note from applicant: This sketch is simply to show the plan in a very rough form. Our final intention is to follow the contours of the property, to ensure that each parcel has a nice buildin g site of one hectare and that the land is utilized to it s maximum potential, rather than the rectangular blocks shown here. Page 6 of 6

7 Local Government Report under the Agricultural Land Reserve Use, Subdivision and Procedure Regulation R.D./Mun. File Nos. H Fee Receipt No. XXXX Fee Amount $ Information supplied by: Regional District Okanagan Similkameen In respect of the application of: Carol and Glen Wharton ALR Base Map No. ALR Constituent Map No. Air Photo No. PLANS and BYLAWS (Attach relevant sections of bylaws) Zoning Bylaw name: Electoral Area 'H' Zoning Bylaw (RLUB) Bylaw No. 2464, 2008 OCP designation: Resource Area (see attached) Zoning: Resource Area (RA) Zone (see attached) Minimum Lot Size: 8 hectares Uses permitted: (see attached) Is an amendment to the OCP and Zoning Bylaw required for the proposal to proceed? Yes No Is authorization under Sec. 25(3) or 30(4) of the Agricultural Land Commission Act required? Yes (If yes, please attach resolution or documentation) No COMMENTS AND RECOMMENDATIONS (Include copies of resolutions) Board or Council: Forwarded to Electoral Area H Director Advisory Planning Commission: To be forwarded separately Agriculture Advisory Committee: N/A Planning staff: see attached staff report, dated February 14, 2008 Others: N/A Tracey Batten, General Manager of Administration Services XXXX XX, 2008 Page 7 of 7