BOARD REPORT. Agricultural Land Commission recommending refusal, this 19th day of January, L// ^ fk- l^- Charles Hamilton, CAO

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1 CSRD BOARD REPORT 9.4 TO: FROM: Chair and Directors Christine LeFloch Development Services Assistant File No: LC2526E Date: December 15,2016 SUBJECT: RECOMMENDATION: Agricultural Land Commission (ALC) application Section 21(2) - Subdivision within the Agricultural Land Reserve (ALR) Dale and Ulinda Wood THAT: Application No. LC2526E, Section 21(2) Subdivision within the ALR, for Lot B, Section 16, Township 22, Range 7, West of the 6th Meridian, Kamloops Division Yale District, Plan NEP61793, be forwarded to the Provincial Agricultural Land Commission recommending refusal, this 19th day of January, APPROVED for Board Consideration: Meeting Date: January 19, 2017 /i L// ^ fk- l^- Charles Hamilton, CAO SHORT SUMMARY: The subject property is located in the Solsqua area of Electoral Area E, and is entirely within the Agricultural Land Reserve. The owner is applying to the ALC for a two lot subdivision within the ALR to create a lot for a family member for estate planning purposes. VOTING: Unweighted ^ Corporate LGA Part 14 D Weighted Corporate Stakeholder (Weighted) (Unweighted) BACKGROUND: PROPERTY OWNER: AGENT: ELECTORAL AREA: CIVIC ADDRESS: LEGAL DESCRIPTION: SIZE OF PROPERTY: DESIGNATION/ZONE: CURRENT USE: Dale and Ulinda Wood Dale Wood 'E' 2109 Solsqua Road, Solsqua Lot B, Section 16, Township 22, Range 7, West of the 6th Meridian, Kamloops Division Yale District, Plan NEP ha (14.4 ac) A - Agriculture single family dwelling, secondary residence (modular home), Page 1 of 7

2 Board Report LC2526E December 15, 2016 accessory buildings PROPOSED USE: 2 lot subdivision (for a family member) SURROUNDING LAND USE PATTERN: North: Eagle River, Agriculture, Rural residential South: Solsqua Road, CPR, Agriculture East:, Solsqua Road, CPR, Agriculture, Sawmill West: Agriculture, Eagle River, Rural Residential SITE COMMENTS: The 5.83 ha parcel is located adjacent to Solsqua Road and the CPR main line which run parallel to each other in a northeast to southwest direction. The Eagle River forms the northern property line. Provincial floodplain mapping indicates that the entire property is located within the floodplain of the Eagle River. There are two single family dwellings located on the subject property, along with a number of outbuildings. One of the dwellings is a modular home. The property is level, and has a forested marshy area and some oxbow scarring adjacent to the Eagle River. The southwest comer and the area around the residences is cleared. Roughly a third of this area is a field that is not currently under production. This property is not currently being used for agriculture and the owner has suggested that the lot is not usable as farmland due to seasonal inundation. Records indicate that the previous owner operated a small hobby farm on the parcel. Land Interests in the Community: The owners do not have any other interests in lands in this area. Soil Capability: Canada Land Inventory Soil mapping indicates the following: Soils on the property are rated as 50% Class 3, 40% Class 4, and 10% Class 3W-4W These soils are also limited by excess water and inundation. They do not I I VV have an improved rating. History: There have been numerous ALC applications made in the area. See ALR History Map. #1127 (1975) allowed a subdivision to create a 2 acre lot subject to consolidation of the lot with an adjacent parcel. #1143 (1975 refused subdivision due to potential for further residential intrusion into the area. #1150 (1975) refused subdivision due to potential for further residential intrusion into the area. #1185 (1976) allowed subdivision of a 1 acre lot subject to consolidation of the remainder with 2 other adjacent parcels. #1187 (1978) refused subdivision due to agricultural potential of the lands. #1440 (1978) allowed exclusion ha (10.5 ac) to be excluded and remainder 6.27 ha (15.5 ac) to stay in the ALR. #1723 (1982) allowed exclusion. #1734 (1982) allowed exclusion. Page 2 of 7

3 Board Report LC2526E December 15,2016 #1756 (1981) allowed subdivision of a 1 ha lot leaving a 5 ha remainder. #1869 (1983) allowed exclusion. #2133 (1993) allowed a 1000 ft2 mini storage facility. #2326 (2005) - (Subject property) - application proposing subdivision to separate titles of the two residences on the property. CSRD Board recommended refusal of application. Owner withdrew application prior to ALC review. #2419 (2009) refused subdivision of a 0.4 ha lot leaving a 0.6 ha remainder but noted that they would accept an application for exclusion of the property. POLICY: Policies that relate to this application include the following: Rural Sicamous Land Use Bylaw No.2000 General Form and Character of Development (b) To designate the majority of the bylaw area as Rural providing for agriculture and natural resource uses on large parcels. (c) To designate the majority of the land in the Agricultural Land Reserve as Agriculture so that it may be reserved for and developed primarily for agriculture and so that agriculture uses are protected against incompatible uses. Lands not in the Agricultural Land Reserve may also be designated as Agriculture where they have potential for agriculture, are used for agriculture or would buffer agriculture uses from existing or potential incompatible uses. Application for Change of OCP Designation, General Criteria It is the policy of the Regional Board to consider applications for a change in OCP designation based on the following criteria: (a) Applications must support the objectives of Section 1.3, the policies of section and the change ofocp designation criteria stated in this section, and in section 1.4.3; (b) Except for an application to change an OCP designation to either the Rural or Agriculture OCP designations, an application for change of OCP designation will be evaluated using the following criteria: (i) soils must be suitable for sewage disposal. Soil suitability includes accounting for the cumulative effects of existing, proposed and potential sewage disposal inside and outside of the area of a proposed OCP designation change; (ii) the road system must have adequate capacity to carry potential increased traffic flows that may result from the proposed OCP designation change; (iii) there must be compatibility between existing uses, proposed uses and potential uses, including compatibility between all potential uses permitted under the proposed OCP designation and all potential uses permitted in the surrounding area; (iv) the parcel size of a parcel included in the area of a proposed change should be equal to or larger than the minimum parcel size regulation for subdivision stated in Part 2, Page 3 of 7

4 Board Report LC2526E December 15,2016 for that OCP designation; (v) a change in OCP designation should not result in non-conforming situations. (c) The Regional Board may use additional criteria that it feels are relevant to evaluate applications for changes to Part 1 or Part 2 of this bylaw, and the Regional Board may in its discretion vary the weight that it gives to any of the criteria stated in sections and It is the policy of the Regional Board to consider an application for a change of OCP designations within each of the areas that are shown on Map A, which forms a part of this bylaw, in Part 1, based on the following criteria: (b) Agriculture Area Concerns with changes in OCP designation in this area include, i) protection of agriculture both inside and outside of the Agricultural Land Resen/e, ii) protection of land in the Agriculture OCP designation from detrimental effects of non-agricultural development, and iii) protection of development from flooding. It is not anticipated there will be changes in this area from the Agriculture OCP designation while the land remains in the Agricultural Land Reserve unless the Land Reserve Commission supports the application. (e) Cambie Solsqua Area Concerns with changes in land OCP designation in this area include, protecting land in the Agriculture OCP designation from incompatible uses, protecting development from flooding, traffic safety on the Trans-Canada Highway and area character considerations A - Agriculture Zone Permitted uses in the Agriculture Zone include: agriculture; aquaculture; bed and breakfast, permitted on a parcel of 4000 m2 (0.99 ac.) or larger; farm and garden centre, permitted on a parcel 2 ha (4.94 ac.) or larger; home business; kennel, permitted on a parcel 2 ha (4.94 ac) or larger in area, buildings and structures, including runs must be a minimum of 30 m (98.43 ft.) from a parcel boundary; open air display gardens, limited to a maximum coverage of buildings and structures, excepting green houses and vehicle access and parking areas must not exceed 5 percent of the parcel area; single family dwelling; accessory use. Maximum number of single family dwellings per parcel - on a parcel less than 1 ha (2.47 ac.): 1 on a parcel 1 ha (2.47 ha) or larger: 2* Minimum setback from: front parcel boundary m (14.76 ft) interior side parcel boundary - 2 m (6.56 ft) exterior side parcel boundary m (14.76 ft) rear parcel boundary m (14.76 ft) Minimum parcel size created by subdivision - 60 ha (148.2 ac) Servicing standards for subdivisions - on site sewage disposal - on site water Maximum height for: Principal buildings and structures -11.5m (37.73 ft) Accessory buildings -10m (32.81 ft) *For parcels located within the ALR, a second residence must be in accordance with the policies of the ALC or approved by the ALC as a non-farm use. Page 4 of 7

5 Board Report LC2526E December 15,2016 If the ALC approves the subdivision the owners would need to apply to subdivide in accordance with Section 514 subdivision for a family member as the proposed subdivision does not meet the minimum parcel size for the Agriculture Zone. Proposed - Electoral Area E Official Community Plan Bylaw No. 840 (At second reading) Land Use Concepts Cambie-Solsqua remains mostly agricultural, with rural residential areas in small pockets surrounding the agricultural land. The primary purpose of this approach is to protect the high value agricultural land Policies Cambie-Solsqua 1. Retain Cambie-Solsqua as a rural area containing farms and small pockets of residential development that are rural in character Agriculture 10.2-Objectives 1. Support the long-term viability of the agriculture industry in the area. 2. Ensure that valuable agricultural lands are preserved for agricultural purposes and protected from fragmentation through subdivision. 3. Minimize conflicts between agriculture and other land uses Policies 1. Areas designated agriculture are shown on Schedule B. Agriculture is also permitted in areas designated Rural and Resource. The ALR is illustrated on Schedule C. In areas designated Agriculture, agriculture should be the primary and dominant land use, including crop and livestock production. 2. Associated land uses may include primary homes, secondary homes for farm help, other buildings and structures associated with agricultural operations, and home based businesses. 3. Retain good quality agriculture lands intact and do not detract from agricultural viability, except where authorized by the Agricultural Land Commission (ALC). FINANCIAL: No financial implications to the CSRD. KEY ISSUES/CONCEPTS: The owners of the subject property have made application to subdivide the parcel to provide separate title for each of the residences on the parcel. They have indicated the proposed subdivision is for a family member and that they would like to create separate titles for the two residences for estate planning purposes. They have owned the subject property since Historical applications for subdivision in this area have generally been refused by the ALC, with the exception of a few applications which were approved subject to consolidation with other lands. Page 5 of 7

6 Board Report LC2526E December 15, 2016 Reasons for refusal of these subdivisions centred around concerns regarding further residential intrusion into an agricultural area. A previous application to subdivide the subject property was reviewed by the CSRD board in 2005 and was sent to the ALC with a recommendation of refusal, however the owners withdrew the application prior to ALC review. The proposed subdivision does not meet the minimum 60 ha parcel size required in the Agriculture Zone. If the ALC approves the creation of the proposed lots, the owners would need to make an application under Section 514 of the Local Government Act -Subdivision for a family member. Policies in proposed Electoral Area E Official Community Plan Bylaw No. 840 offer support for maintaining agricultural lands and avoiding fragmentation through subdivision. The current Rural Sicamous Land Use Bylaw No also encourages protection of lands designated agriculture from non-agricultural development. The soils on the subject property are good and these lands have been farmed by previous owners. As noted above, the ALC has not been supportive of the creation of new lots in this area due to the potential for residential intrusion. As such staff are not supportive of the proposed subdivision. IMPLEMENTATION: If the ALC allows this subdivision as proposed, the owner could continue with the subdivision process by applying to both the Ministry of Transportation and Infrastructure and the CSRD for a subdivision under Section 514 of the Local Government Act. Servicing would be addressed at time of subdivision. SUMMARY: Development Services staff is recommending that application LC2526E, proposing a 2 lot subdivision within the ALR, be sent to the ALC recommending refusal, for the following reasons: Current land use bylaw policies and proposed OCP policies do not generally support: fragmentation of farmland; The proposal does not meet the minimum lot size for the Agriculture zone; The agricultural capability classification of the property is good; The property has been farmed by previous owners; and Approval of this subdivision proposal in the ALR would be precedent setting. LIST NAME OF REPORT(S) / DOCUMENT(S): 1. Maps: Location, Proposed Subdivision Plan, OCP/Zoning, Soils, ALR History, Floodplain, Farm Classification 2. Orthophoto, photos 3. Application DESIRED OUTCOME: That the Board endorse staff recommendation. Attached to Board Report: El Attached to Board Report: 0 Attached to Board Report: Available from Staff: Available from Staff: D Available from Staff: 0 Page 6 of 7

7 Board Report LC2526E December 15, 2016 BOARD'S OPTIONS: 1. Endorse staff recommendation; application LC2526E will be forwarded to the Provincial Agricultural Land Commission with a recommendation of refusal. 3. Forward a recommendation of approval to the Provincial Agricultural Land Commission. 4. Defer. 5. Any other action deemed appropriate by the Board. COMMUNICATIONS: The recommendation of the Board will be forwarded to the ALC for consideration during its review of this application. REVIEWED BY: Manager, Development Services Team Leader, Development Services A. /- Date Signed Off (MO/DD/YR) /^ Iw 1^-- Approval Signature of Reviewing Manager or Deputy lyiapager ^ ^^./^ /^^^ Page 7 of 7

8 Location SUBJECT PROPERTY Lafc N I ban: lia89614 W H

9

10 Soils Subject Property tat N k Lore W I!

11 Orthophoto 2010 DiaitalGlobe, 2010 GeoEye, Province of British Columbia,

12 Floodplain Mapping Lon: Reference i..,. Electoral Areas Planning_Secure.? :.'. Floodplain Suspected High Hazard Locations Suspected High Hazard Areas 30+3 Water Courses Other Water Courses l^' Study Area Boundary High Hazard Areas Lakes, Ponds, Marsh Areas and Reservoirs

13 ALR History SUBJECT PROPJERTT Lat " N Lon: W I ^. i1%<?

14 Farm Classification SUBJECT PROPERTf Lafc N /* Lon: W Farm Use Designation

15 Photos A» ^-^--"-" *-'~f*a»-"»»-ts' > - - Main Residence with shed behind Garage and boat storage building

16 Garage and modular home from main driveway L-:'^:^ '^'^ ~" '^^'-' '^ - -.;::- --..' -;."''-.;"" :.^^-'- : ' -:^''-K;; ::x'^:. -' -' : "' : ' '^.^"yi'_^ "'^- ' -.f.-'v^'v\. ^' - '.- ; ' : - '. v":t^s >^ ^.:-...^ ^-^^'K;-:.--»- ' ' ". :-.'-:':: " ' '.:'-t"i'..' '. < " -" ~ "-' /\ ' l..j-^^''::'^ ' ^. -^;'^/; ; " ^^1'^.^ Modular home from Solsqua Road.^...^^ '^

17 Field west of main residence