DATE: August 25, 2006 FILE NO.: E

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1 REFERRAL Development Services Department OCP & Zoning Bylaw Amendment Application DATE: August 25, 2006 FILE NO.: E FROM: RE: S. Theurer, Planning Services Manager Referral from Regional District Okanagan-Similkameen Owner: Naramata Benchland Properties Ltd. Agent: Brad Elenko Address: Southeast of Naramata Town site, East of KVR, Electoral Area E Legal: District Lot 3474 Except Plans KAP44343, KAP53674 and KAP59640 SDYD; and Lot A Plan District Lot 3474 Manufactured Home Reg. #45732 SDYD Background: This development application proposes to amend Naramata OCP Bylaw No. 1406, 1993 and Zoning Bylaw No. 1566, 1995 for two subject properties to facilitate a low density residential development on 106 hectares. The current land use designations permit approximately 6 parcels for which the development application proposes a potential 295 parcels. The development is proposed in 11 phases over a period of 10 to 20 years as follows: 295 parcels Low Density Residential 44.3% 47.0 hectares Roads 8.5% 9.0 ha. Conservation Area 38.2% 40.5 ha. Existing Greenbelt along Arawana Ck. 9.0% ~ 9.5 ha. (derived from OCP schedule) The Neighbourhood Plan submitted by Naramata Benchland Properties Ltd. states that, Homes within the Naramata Benchland Properties Neighboruhood will provide a unique permanent or vacation lifestyle within exquisitely crafted homes nestled in a quaint neighbourhood setting, and that overall densities within a residential cluster will not exceed the 7.5 units per hectare. The Naramata OCP policies relevant to this development application generally seek to maintain the unique rural character of Naramata and include policies that speak to protecting the natural environment, encouraging a cost effective and efficient development pattern, infilling already developed areas, discouraging leap frogging development and sustaining the rural and wilderness character in Large Rural Holdings. The Naramata community is nearing completion of the comprehensive review of its land use bylaws. The proposed bylaws, endorsed by the Advisory Planning Commission, are still in draft form and will be brought to the September 7, 2006 Board meeting. If the Board proceeds with this development proposal, adjustments to the proposed Naramata bylaws may be necessary. Page 1 of 7

2 Amendments for this development application are proposed in two parts: 11.5 ha. Phase 1 and 2 (of 11 phases): OCP and Zoning amended for part of DL 3474, and 94.5 ha. Remainder: only OCP amended for remainder of DL 3474 and all of Lot A.. A future development application will propose to amend the Zoning for the remainder of the area. Phase 1 and 2: approximately 11.5 hectares of DL 3474 (north westerly area) OCP and Zoning amendments a. residential use of approximately 9.1 ha. (including roads) propose between 40 and 60 residential lots depending on whether a private sewage collection system is feasible. OCP Bylaw amendment from: SH5 (Small Holdings 5) to: LR1 (Low Density Residential 1) Zoning Bylaw amendment from: SH5 (Small Holdings 5) to: RS1 (Single Family Residential 1) b. conservation of approximately 2.4 ha. OCP Bylaw amendment from: SH5 (Small Holdings 5) to: G (Greenbelt) Zoning Bylaw amendment from: LH (Large Holdings) to: CA (Conservation Area) Remainder: approximately 20.5 hectares of DL 3474 (south easterly area), and all 74 ha. of Lot A, within which approximately 9.5 ha is existing Greenbelt OCP amendments only a. OCP Bylaw amendment for approximately 38 ha. for residential use from: LH (Large Holdings) to: LR1 (Low Density Residential 1) b. OCP Bylaw amendment for approximately 40.5 ha.area for greenbelt from: LH (Large Holdings) to: G (Greenbelt) Note that some assumptions were made for the purpose of this report: (a) RS1 zoning selected for Phase 1 and 2 - the Neighbourhood Plan text requests RS1 zoning whereas Figure 8 and 9 show SH1 zoning; Figure 9 requests immediate zoning on Phase 1+2 on Figure 6 whereas the text requests only Phase 1, (b) current OCP bylaw applied - the Plan text requests LR1 at 7.5 units/ha from the current OCP, and (c) no encroachment on the designated Greenbelt - the Plan figures show residential clusters encroaching on Greenbelt identified on the OCP map whereas the Greenbelt area is not shown to be amended, and (d) estimates of some amendment areas as this detail was not provided in the Neighbourhood Plan. The Neighbourhood Plan submitted by Naramata Benchland Properties outlines 14 guiding principles which are captured in the plan discussion and maps, and provides information on various technical investigations, including: Ecological / Wildlife Assessment by Okanagan Wildlife Consulting Plan has avoided a large majority of the sensitive eco-systems Archaeological Overview Assessment by Golder and Associates Ltd. in the west portions of the plan there is low archaeological potential Fire Risk Hazard Assessment by Swanson Forestry Services Ltd. extreme hazard rating lowered following construction of residential nodes Traffic Impact Assessment by Hamilton Associates Ltd. Naramata Road Gawne and Arawana Road intersections adequate capacity Page 2 of 7

3 Naramata Water Study (RDOS) by Associated Engineering Ltd. design of [NID] water system would account for the possible water demands Naramata Master Drainage Plan (MoT + NBP) by Earth Tech storm water collected would be transported to Naramata Creek [which] has ample capacity to accommodate the storm water volumes Economic Benefit and Analysis Report by Olson and Associates The economic benefits generated from this project are significant and will accrue primarily to the local and provincial economies. The forested properties slope from the east boundary to the west, up approximately 700 metres. The properties are steeply sloped with intermittent flat areas with potential for accommodating residential development. Arawana Creek, protected by a Greenbelt designation in the OCP, bisects the property east-west to protect this environmentally sensitive area. A Water Development Permit (WDP) area applies to any riparian areas on the site. An Environmentally Sensitive Area Development Permit (ESDP) area for important habitat has not yet been designated, however, this area has recently been mapped and important habitat is found in the area. The subject properties are not located within the Agricultural Land Reserve. Adjacent zones and uses: North LH (Large Holdings) forested provincial Crown; East LH 21.5 ha Naramata Benchland Properties Ltd., and beyond that, forested provincial Crown; West RS1 and RS1A (Single Family Residential 1A) 37 and 69 potential parcels and Kettle Valley Railway (KVR); South LH forested provincial Crown. Access to the subject properties is from the Arawana Forestry Road, which the Neighbourhood Plan addresses with, the Ministry of Transportation has agreed to accept the jurisdiction of the portion of the Arawana Forestry Road that will be required for access to the [development], on the understanding that the standards be upgraded to current MoT standards. Comments from MoT will be sought to make a determination on the Neighbourhood Plan conclusions regarding improvements to intersections of Naramata Road, Gawne and Gammon Roads, in accordance with OCP policy XVII.B.5c. MoT approval of the bylaws is not required prior to bylaw adoption as the subject property is not within 800 metres of a controlled access highway. Land Use designations: LR1 OCP designation = 7.5 units / hectare LH zone = 20 hectare minimum parcel size Permitted uses: agriculture to kennels, stables, intensive agriculture, forestry, single family dwellings to wildlife reserves, mineral extraction and auxiliary buildings and uses 1 principal dwelling unit per parcel and auxiliary dwelling units according to size of parcel SH5 zone = 2 hectare Permitted uses: agriculture to silviculture, intensive agriculture, private kennels, stables, single family dwellings and auxiliary buildings and uses RS1 zone = 0.2 ha with community water and no sewer, or 0.1 ha with community water / sewer Permitted uses: single family dwellings and auxiliary buildings CA zone permitted uses: interpretive centre to greenbelts, recreational area, wildlife reserve to zoological gardens and auxiliary uses. Page 3 of 7

4 Relevant Information: Naramata Benchland Properties has submitted a development application and Neighbourhood Plan to cluster 295 residential units on 106 hectares located on the east Naramata bench. The amendments are proposed in two parts: OCP and Zoning amendments for part of DL 3474, and OCP amendments only for the remainder of DL 3474 and Lot A. The key considerations in this development proposal are whether: the rural and wilderness character for the larger area designated Large Holdings can be sustained with the introduction of a development of this density; already developed areas are sufficiently infilled for the time frame proposed for this development and that the development ensures an orderly level of growth to protect the rural sense of community in Naramata; the natural environment is adversely impacted by the proposed balance of housing density and conservation; this is a cost effective and efficient development pattern in terms of physical and social services that satisfies the housing and social needs for present and future Naramata residents; the proposed extension of development beyond the KVR in this area excessively increases the risk of wild land urban interface wild fire; only part of this development proposal should be considered at this time, such as the OCP and Zoning amendments for part of DL 3474, and not the OCP amendments for the remainder; and the development proposal meets the aspirations of the Naramata community for future growth and development. The proposed Naramata bylaws do not specifically address this development proposal, however, the proposed OCP sets out slow managed growth for the future following community and committee consultation about future growth scenarios to which respondents stated a preference for maintaining the current growth rate at 1.5% per year over 20 years. This translates to small changes in land use designations (compared with moderate or significant changes which could permit a growth rate of up to 2.5%). A number of external factors affect the rate of growth in a community, including building the development to attract and generate interest, however, the community through the RDOS Board has the ability to regulate the extent and rate of change. Naramata s population grew by 1.5% per year in the last 20 years, and if it continues at this rate, this development proposal would absorb the population growth for the next 20 years. Planning Services has concerns about the scale of the proposed development and its impact on: the physical environment; increased risk of natural hazards; incompatibility with the resource values to the north, south and east beyond the Naramata Benchland property; the social fabric on this rural community; and finally, the potential conflict of the proposed development with community s aspirations for future growth. Referral Comments: Engineering Services: The subject properties are not within a community water or sanitary system area operated by the RDOS. The developer has signed a petition to amend the service area boundary to become part of the fire protection service area. The subdivision for the development proposal must meet the requirements of the RDOS Subdivision Servicing Bylaw. The Naramata Water Advisory Committee (NWAC) must approve extending the water service. Engineering Services will be providing a more detailed review following 1 st and 2 nd reading of the bylaws. Page 4 of 7

5 Planning Services Environmental Coordinator: The property will be assessed at subdivision (as this development application was submitted prior to adoption of Water Development Permit area), and may affect the site layout. It would be useful to have further site visits in high use times of year for the key species assessed. Any further archeological assessments should include contacting both the Okanagan Nation Alliance and Penticton Indian Band, not just Westbank First Nation. If archaeological materials are found during construction then work should stop in that area, as is expressed in the Golder and Associates report. The traffic impact assessment did not review wildlife interactions or crossing as it only reviewed traffic in the roads that would feed the subdivision. Care should be taken to design a master drainage plan with the results of a riparian assessment. Protective Services: Protective Services are currently working with the Province to implement measures for the wild land urban interface to reduce the high fire hazard rating in the surrounding Crown area in accordance with the Wildfire Hazard Analysis done in Protective Services will be providing a detailed review following 1 st and 2 nd reading of the bylaws. Advisory Planning Commission: A recommendation has not yet been received. Agencies and Other: Agencies are given 25 days to respond to a referral. If no response is received within that time, it will be assumed that the agency s interest is unaffected. These comments will be collected prior to the public hearing. Options for Recommendations: 1. The APC recommends to the RDOS Board that the subject development application be approved. 2. The APC recommends to the RDOS Board that the subject development application be approved with the following conditions: 3. The APC recommends to the RDOS Board that the subject development application be postponed to (date) for the following reasons/information: 4. The APC recommends to the RDOS Board that the subject development application not be approved. Respectfully submitted, S. Theurer, Planning Services Manager Attachment: Subject Properties G:\DEVELOPMENTSERVICES\ \REFERRAL\E NARBPROP Page 5 of 7

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