APC REPORT. Candice Benner Development Services Assistant

Transcription

1 CSRD TO: FROM: SUBJECT: APC -C" APC REPORT Candice Benner Development Services Assistant File No: Date: DVP PL February 16,2017 Development Variance Permit Carrie and John Stalker That Part of the southwest % of Section 33 Township 21 Range 10 W6M KDYD Except Plans 2844, H14421, KAP52812, KAP55494, KAP81117, and EPP15685 SHORT SUMMARY: The subject property is located in the Carlin area of Electoral Area 'C'. The owners have applied to complete a boundary adjustment subdivision with a neighbouring property (Barlow). The owners of the subject property currently have a domestic water license for Tompkins Pond located on an adjacent property to the west. Tompkins Pond is not listed on Schedule "D" -List of Eligible Sources in Subdivision Servicing Bylaw No. 641 and therefore the owners have applied for a Development Variance Permit requesting to waive the requirement that the source of water for the subject property be on Schedule "D" -List of Eligible Sources. BACKGROUND; APPLICANT: PROPERTY OWNER: ELECTORAL AREA: CIVIC ADDRESS: LEGAL DESCRIPTION: PROPOSED SIZE OF PARCELS: Corrie Stalker Corrie and John Stalker 'c- 3120Carlin Road That Part of the southwest 1/4 of Section 33 Township 21 Range 10 W6M KDYD Except Plans 2844, H14421, KAP52812, KAP55494, KAP81117, and EPP15685 (PID: ); 8.35 ha SURROUNDING LAND USE PATTERN: CURRENT USE: PROPOSED USE: OCP DESIGNATION: ZONING: North: Rural, Agriculture South: Rural, Agriculture East: Rural, Agriculture West: Rural, Agriculture Rural, Agriculture, Residential 2 lot boundary adjustment subdivision, no change in use AG-Agricultural N/A Page 1 of 3

2 APC Report DVP February 17,2017 ALR: 100% SITE COMMENTS: The parcel is located on the east side of Tappen Notch Hill Road. There is one single family dwelling, some outbuilding and several horse paddocks on the property. The subject parcel and surrounding properties are flat open pasture. Tappen Notch Hill Road appears to be the divider between agricultural land to the east of the road and steep mountainous terrain to the west. POLICY: Electoral Area 'C' Official Community Plan Bylaw No. 725 The subject property is designated Agriculture (AG) in Bylaw No Agriculture is supported as a foundation of the economy and is the primary and dominate land use in the AG designation with crop and livestock production activities permissible as well as homes, buildings, and structures associated with agriculture. The minimum parcel size of land for subdivision within the Agriculture land use designation is 60 hectares (148 acres). New subdivision is discouraged within the Agriculture designation, other than subdivision along ALR boundaries or subdivision or parcel consolidations demonstrated not to have an intrusive or conflicting impact on the surrounding agricultural community. Subdivision Servicing Bylaw No. 641 Part 8 of Subdivision Servicing Bylaw No 641 (Bylaw No. 641) deals with assessment and demonstration of potable water for independent on-site water systems. Independent On-site Water System is defined as "a Domestic Water System that serves only one Dwelling Unit." Section 8.2 requires that all new parcels created by subdivision must be provided with an Independent On-Site Water System. 8.5 All components, including the intake, for Independent On-site Water System using surface water sources must be: a) located on the same Parcel as the residential Dwelling Unit in respect of which they are required; or b) located within easements or rights-of-way meeting the requirements of Section 9.11, provided that the delivery system from the surface water source to the Dwelling Unit is only for a single residential Dwelling Unit. Schedule "D" List of Eligible Sources The provincial Water Stewardship Division produced a list of eligible sources for surface water to the CSRD in a memorandum dated October 21, The surface water sources on this list are approved by the province as having sufficient volumes of water to accommodate domestic use. Examples of approved water sources listed for Electoral Area 'C' include Shuswap Lake, White Lake, and Loftus Lake. Development Variance Permit The owners are requesting to waive the requirement that the source of water for the subject property be on Schedule "D" -List of Eligible Sources. Page 2 of 3

3 APC Report DVP February 17,2017 KEY CONCEPTS/ISSUES: The subject property owners along with their neighbour (Catherine Barlow) are working through a boundary adjustment subdivision application. Both parcels are within the ALR; APC 'C' reviewed ALR application LC2496C at its January 27, 2015 meeting to review an application to include the neighbouring property into the ALR. The purpose for the inclusion was to aid in boundary adjustment subdivision between the Stalker and Barlow properties, as the Stalker parcel was completely within the ALR. APC 'C' and Board of Directors recommended approval to the ALC and the ALC approved this application (Resolution #253/2015) in September, 2015, The applicants are now going through the subdivision process and the servicing requirements for Subdivision Servicing Bylaw No. 641 must be met, including proof of an acceptable water source. The domestic water source for the subject parcel is Tompkins Pond; which is not listed in Schedule "D" -List of Eligible Sources in Bylaw No. 641 as an approved surface water source with the provincial Water Stewardship Division and therefore requires a Development Variance Permit. Tompkins Pond is located on a third neighbouring parcel located to the east of the subject parcel. The owners have a registered easement between the neighbouring properties for the waterline and components that permits them access and protection for the Tompkins Pond water source. Staff have also received confirmation from the province that the owners have a current water license for Tompkins Pond and will be providing a copy of the license to staff before this application is presented at the Board of Directors meeting. Staff understand that the permitted volume for use meets the requirements of Bylaw No The owners have hired a qualified professional to complete water quality sampling in accordance with Bylaw No. 641 requirements and will provide those results prior to this application being presented to the Board of Directors. LIST NAME OF REPORT(S) / DOCUMENT(S): 1. Maps: Location, Proposed Subdivision Plan, OCP, Zoning, Orthophoto, Water License Diagram COMMUNICATIONS: Attached to APC Report: Available from Staff: Property owners and tenants within 100 m of the subject properties will be notified of this DVP application by mail, prior to consideration by the Board. This application has been forwarded to APC 'C' and Interior Health. Respectfully submitted, n -~\ TL^J^J^ Candice Benner, Development Services Assistant Page 3 of 3

4 Location Subject Parcel 3120Carlin Road Tompkins Pond Barlow Parcel 1660 Tappen Notch Hill Road

5 Proposed Subdivision Plan t>la^pah A Subject Parcel 3120Carlin Road Barlow Parcel 1660 Tappen Notch Hill Road Proposed Boundary Adjustment = APPU i^*j+^.pa12.c0-.

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8 Water License Diagram!IA Province of British Columbia f\ ^",r?" i":, :3S ft rt*',.?'" A WATER DISTRICT. PHECINCT LAND DISTIEUC'1; liegbnd Scale Point &f Diversion :. KpB : KAMU30PS SEYMOUR, KD'03 1:10000 /?/^x-. Signature: Date: ' May Water lilcence No, EDe- : C ; The lonndari8«of &B land to wliich (hij licbnce i«appurtenant ar8 Aown Qaa: This diagram is taken from the expired water license for the subject property; the province has assured staff that this license has been renewed and staff will be provided a copy.