VILLAGE OF LUMBY APPLICATION UNDER SECTION 30(1) OF THE AGRICULTURAL LAND COMMISSION ACT

Transcription

1 VILLAGE OF LUMBY APPLICATION UNDER SECTION 3(1) OF THE AGRICULTURAL LAND COMMISSION ACT DATE: May 11, 216 FILE NO.: APPLICANT: LUM-ALR GEMA Holdings Ltd LEGAL DESCRIPTION: Lot A, District Lot 161, ODYD, Plan PID #: CIVIC ADDRESS: PROPERTY SIZE: 126 Shuswap Avenue 4.68 ha (11.57 acres) SOIL CLASSIFICATION: Class 2 and 3, improvable to Class 1 and 2 ZONING: O.C.P. DESIGNATION: PROPOSED USE: Non-Urban (N.U) General Industrial / Major Road To exclude the property from the ALR to potentially allow it to be zoned for industrial purposes. PLANNING DEPARTMENT RECOMMENDATION: THAT the application under Section 3(1) of the Agricultural Land Commission Act to exclude the property legally described as Lot A, District Lot 161, ODYD, Plan and located at 126 Shuswap Avenue from the Agricultural Land Reserve be authorized for submission to the Agricultural Land Commission. AND THAT approval of the application be subject to a ten (1) metre wide vegetative buffer being provided along the southern boundary of the excluded area. BACKGROUND: This report relates to an application under Section 3(1) of the Agricultural Land Commission Act for the property located at 126 Shuswap Avenue. The applicant proposes to exclude the subject property from the Agricultural Land Reserve (ALR). The proposed ALR exclusion requires the approval of Council and the Agricultural Land Commission (ALC). If successful in excluding the property from the ALR, the applicant proposes to submit an application to rezone the property from the Non-Urban (N.U) zone to the General Industrial (I.2) zone. If successful in rezoning the property, the applicant also proposes to subdivide the property along with the adjacent property to the north into 12 lots. This report deals primarily with the subject ALR application. Should a zoning amendment application be submitted as proposed, a separate report would be provided to Council for their consideration at that time.

2 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 2 Site Context The subject property is located on the west side of Shuswap Avenue. A driveway connects the property to Shuswap Avenue near the south east corner of the property. The Canadian National Railway runs along the western boundary of the property. The property is vacant of buildings, flat and cleared. The property is currently being used for log storage purposes. The property has been used for the same purpose since prior to The subject property is zoned Non-Urban under the Regional District of North Okanagan Zoning Bylaw 1888, 23 and is designated as General Industrial in the Village s Official Community Plan (OCP) and as being located within the ALR. The subject property was previously located within Electoral Area D of the Regional District. The property was included by annexation into the Village boundary in 28. The properties located to the south and west are located within Electoral Area D of the Regional District and are zoned Non-Urban, located within the ALR and designated as Agricultural in the Electoral Areas D and E OCP. The properties located to the north and east are located within the Village of Lumby and are zoned and designated as General Industrial. The properties to the north and east are not located within the ALR. Shuswap Avenue is designated as a Major Road in the Village s OCP. Portions of the property are located within the Bessette Creek floodplain. The following orthophoto of the subject and surrounding properties was taken in 213.

3 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 3 Agricultural Capability of Subject Property The Canada Land Inventory rates the subject property as 7% Class 3 and 3% Class 2 with an improved rating of 7% Class 2 and 3% Class 1. The subclasses associated with the land are identified as excess water, soil moisture deficiency, cumulative minor adverse characteristics and inundation by streams or lakes. The Canada Land Inventory agricultural capability classification system groups land into seven classes according to the land s potential and limitations for agricultural use depending on soil and climate characteristics. Class 1 land is capable of producing the very widest range of crops whereas Class 7 land has no capability for soil bound agriculture. As the class numbers increase from Class 1 to 7, the range of crops decreases. Associated with each class is a subclass that identifies limitations or special management practices needed to improve the soil. The classification usually gives land two ratings: unimproved and improved. Unimproved ratings describe the land in its native condition. Improved ratings indicate the land s potential once management practises have been implemented, such as irrigation, stone removal or drainage. Class 1 land either has no or only very slight limitations that restrict its use for the production of common agricultural crops. Class 2 land is capable of producing a wide range of crops. Minor restrictions of soil or climate may reduce capability but post no major difficulties in management. Class 3 land is capable of producing a fairly wide range of crops under good management practices. Soil and or climate limitations are somewhat restrictive. Class 4 land is capable of a restricted range of crops. Soil and climate conditions require special management considerations. Class 5 land is capable of producing cultivated perennial forage crops and specially adapted crops. Soil and/or climate conditions severely limit capability. Class 6 land is considered to be important in its natural state as grazing land and cannot be cultivated due to soil and/or climate limitations. Class 7 lands have no capability for arable culture or sustained natural grazing. The Proposal The applicant is proposing to exclude the subject property from the ALR to potentially allow it to be zoned for industrial purposes. If successful in excluding the property from the ALR and rezoning the property to the General Industrial (I.2) zone, the applicant is proposing to subdivide the property and the adjacent property to the north by creating a total of twelve (12) lots. The proposed lots would range in size from.96 ha to 2.14 ha. The applicant is proposing to connect the lots to the Village s community water and sewer systems. The applicant is proposing to provide a 1 m wide treed area along south side of the proposed 12 lots in order to buffer the proposed industrial lots from the adjacent agricultural lands. The applicant reports that notice of the exclusion application has been provided as required by Section 16 of the Agricultural Land Reserve Use, Subdivision and Procedure Regulation. SUBDIVISION SERVICING BYLAW: Industrial zoned lots which are located within the Village and are proposed to be subdivided are required to be connected to a community water supply system. Section 42 of the Village of Lumby Subdivision Servicing Bylaw states that where any lot is to be subdivided, a water distribution system or other source of potable water must be provided in accordance with the standards set out in Section 52 (potable water) of the Bylaw, and all water distribution systems must be connected by trunk water mains to the Village s existing community water supply system.

4 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 4 Industrial zoned lots which are proposed to be subdivided are also required to be connected to a community sewer supply system. Section 43 of the Subdivision Servicing Bylaw states that where any lot is to be subdivided, a sewage disposal system must be provided in accordance with the standards set out in Section 53 (sewage disposal) of the Bylaw. Where a community sewer system is required to be provided, that system must be connected by trunk sewer mains or by individual service connections to the Village s existing community sewer system. ZONING BYLAW: The Village of Lumby Zoning Bylaw zones the subject property as Non-Urban (N.U) under the Regional District of North Okanagan Zoning Bylaw No. 1888, 23. The minimum lot size standard of the N.U zone is 7.2 ha. Uses permitted in the N.U zone include accessory farm sales, intensive agricultural uses, resource uses, bed and breakfast uses, boarding house uses, fruit and produce pickers cabins and work force housing units, home occupations uses, packing houses, wineries and cideries, single and two family dwellings, ancillary dwellings and manufactured homes. The subject property is proposed to be zoned General Industrial (I.2). Uses permitted in the I.2 zone include retail sales of heavy equipment and machinery, service and repair including automobile wrecking and junk yards, bulk storage plants, contractors for general and heavy construction, machinery and heavy equipment repair and the manufacturing, processing, and storage of chemical and allied products, food products, machinery and transportation equipment, metal products, non-metallic mineral products, synthetic fibres, wood products, medical marihuana production facilities, and the uses also permitted within the I.1 zone. Section of the Zoning Bylaw states that within the I.2 zone each lot shall have an area of not less than 65 m 2. Section 48 of the Zoning Bylaw states that the minimum lot size for subdivision is 1 ha for parcels not connected to a community sewer system. OFFICIAL COMMUNITY PLAN: The Official Community Plan designates the land use of the subject property as General Industrial and as being located within the Agricultural Land Reserve. The following OCP Policies are applicable to the application: Industrial Lands 1. Land for Industrial Use is designated as General Industrial or Light Industrial on Map Schedules B and C. a. Light Industrial Land designated as Light Industrial shall be oriented towards warehousing, storage, distribution, light manufacturing, high technology industries including research and development, and wholesaling, with some retailing of large bulky goods requiring extensive storage and display space. Office uses will be prohibited except those related to high technology uses and research and development. b. General Industrial Land designated as General Industrial shall be oriented towards a range of heavy manufacturing, processing, and other industrial uses that are likely to require outdoor storage and/or produce noise, smoke, dust, glare, fumes or odors. 2. Industrial uses that contribute to the natural resource base of the area, and do not have an adverse impact on the rural character of the community or environment, are encouraged. 3. Industrial development applications and related bylaws should be considered for their visual and physical compatibility with the natural environment and adjacent uses.

5 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 5 4. Location of an industrial use should take into consideration factors such as noise, vibration, smoke, odour, and fire hazard. 5. New or substantially redeveloped industrial lands are encouraged to evaluate local opportunities to share materials, wastes, energy, land, infrastructure, and staff. The Village encourages eco-industrial networks to be formed and will aid in this process where feasible. 6. Lot A, DL 161, ODYD, Plan lies within the Agricultural Land Reserve and although designated as General Industrial in the OCP uses other than log storage require the approval of the Agricultural Land Commission. Lands within the Agricultural Land Reserve 1. The Village of Lumby supports the Agricultural Land Commission (ALC) in its efforts to protect farmland and encourage farming. 2. All uses and subdivision of land within the Agricultural Land Reserve (ALR) must be in accordance with the Agricultural Land Commission Act, Regulations and Policies of the ALC. 3. Notwithstanding the minimum lot size standards and land use policies cited in this OCP or the Zoning Bylaw, Council may, after due consideration, not authorize a non-farm use, subdivision, or exclusion application to the ALC if the proposed subdivision or use is deemed by Council to have a negative impact on agricultural land or the farming community. 4. Support the retention of large land holdings and the consolidation of small parcels within the ALR to help maintain and establish economically viable farms. Subdivisions within the ALR which involve boundary adjustments that would not create any additional parcels and that would allow for the more efficient use of agricultural land will also be supported. 5. Where a property is being developed adjacent to a property within the ALR, an appropriate buffer strip will be established on the non-alr property consistent with the Landscaped Buffer Specifications established by the ALC. Economic Development 1. Ensure that sufficient lands for industrial and service-related commercial uses are designated and appropriately located to serve present and future needs. 2. Encourage and support the attraction of new economic opportunities to the area, including appropriate and clean major industry. Municipal Services and Infrastructure 1. The Village will undertake a review and update of Subdivision Servicing Bylaw No. 443, 199 to better reflect current legislation and development industry best practices. 2. The Village will consider the feasibility of requiring that all new development connect to the Village sewer system, and in keeping with provincial legislation, no lots less than one (1) hectare will be allowed to be serviced by a septic field. 3. Incorporate a review of storm water retention / detention alternatives and erosion control practices for protection of fish-bearing watercourses, as well as reduction of property damage from rainfall events, into the Village s engineering standards. 4. Implement principles of sustainable development through the utilization of alternative technologies for infrastructure. Growth Management and Land Use Boundaries 1. To create a compact and complete community, the Village will make efficient use of existing land by encouraging the appropriate development of vacant and under-developed lands. 2. In consultation with the ALC, the Village supports minor fine-tuning of the ALR boundary to reflect existing land use and improved technical information about agricultural capability.

6 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 6 REGIONAL GROWTH STRATEGY: The Regional Growth Strategy designates the land use of the subject property as being located within the rural protection boundary. The following RGS Policies are applicable to the application: UC-2.1: designate Rural Protection Boundaries, consistent with the Regional Growth Strategy, within Official Community Plans for the purpose of protecting lands within the Rural Protection Area. Lands designated as Rural Protection Areas are intended to accommodate low density development on larger (1 hectare and greater) parcels of land that are not serviced with both community water and sewer systems. UC-2.2: In order to reduce rural sprawl and encourage more sustainable forms of rural subdivision, an OCP may make provision to allow for smaller minimum parcel sizes in the Rural Protection Area provided there is no increase in the overall density, that the new parcels can be served with potable water and wastewater disposal systems in a sustainable manner and the conservation of residual lands in perpetuity for agricultural, ecological or public good purposes. Options for alternative forms of development shall be consistent with the policies of the Regional Growth Strategy. UC-2.3: consider amending the Rural Protection Boundary during the Regional Growth Strategy 5-year review. UC-2.4: discourage the provision of, or expansion of, community water and/or sewer service to the Rural Protection Area unless supported for health or environmental reasons or servicing current levels of development and only where such services do not result in additional development that will require further rural expansion of water and/or sewer infrastructure. UC-2.5: The Rural Protection Areas designation will protect, and at the same time enhance, the rural landscape by encouraging development that is compatible with the rural character of the North Okanagan. UC-2.7: Rural Protections Areas contain a variety of lands with natural resource value including agriculture and forestry. These lands have historically played a significant role in shaping North Okanagan character and identity, offering rural lifestyle choice, as well as providing important economic benefits. Their long term viability and productivity is increasingly threatened by urban encroachment and the spread of incompatible land uses. REFERRAL COMMENTS: The application was referred for comments to the Village of Lumby Fire Department, Municipal Office, Public Works Manager and Building Inspector, and to the Ministry of Agriculture, the Ministry of Transportation and Infrastructure and the Regional Planning Projects Manager. The Fire Inspector provided the following comments: If this does proceed and the development is allowed, there needs to be assurances (in my opinion it should be a report done by a certified/registered professional) that there is or is going to be and or is in place adequate water supply to the proposed industrial areas to accommodate fire hydrants, building sprinkler systems designed to NFPA 13 and water supply to sustain firefighting operations by the local fire department being done as well. The Ministry provided the following comments: The property does not front a Controlled Access Highway and therefore, our review and approval will not be needed for the future subdivision of the land.

7 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 7 The Public Works Manager provided the following comments: Currently it is not looking like a sanitary sewer expansion will be able to happen due to costs of the project and the grant funding being for water only. Considering there is a minimum 3 m offset for the utilities and a possible lift station required, the added costs of extending sanitary sewer are quite substantial. There is still discussion and ongoing thoughts into this so it is not 1% off the table, with no definite decision at this point. The Regional Planning Projects Manager provided the following comments: Please be advised that the subject property falls within the rural protection area of the Regional Growth Strategy. If the proposed lots are to be less than 1 ha in size or are to be serviced by sewer and water an RGS amendment would be required to identify them as within a Growth Area. If the subject properties remain at minimum 1 ha in size and are not to be serviced by sewer and water an RGS amendment is not required. The RDNO is currently undertaking the RGS 5-Year Review - there is an opportunity to revisit the designation of these lands during that process. An applicant can apply for an amendment at any time. The Regional District Board of Directors would consider the application and determine if it was a minor or standard amendment. No other comments were received in response to the referral. PLANNING ANALYSIS: The Planning Department recommends that the subject ALR exclusion application be forwarded to the Agricultural Land Commission as the subject property is designated as General Industrial in the Official Community Plan. Prior to adopting the current OCP, the ALC provided comments on the proposed General Industrial land use designation stating that the log storage use of the property predates the establishment of the ALR. The ALC stated that it does not object to the General Industrial land use designation because the designation reflects pre-existing and approved non-farm uses that have been occurring for over 4 years. The ALC requested that the Village amend the OCP land use map to acknowledge that the property is located in the ALR and include an OCP policy which acknowledges that the ALC s approval would be required for any uses other than log storage. The Village amended the OCP to reflect the ALC s request. Further to the above, it is noted that one of the Agricultural Policies of the OCP states that Council may, after due consideration, not authorize an exclusion application to the ALC if the proposed subdivision or use is deemed by Council to have a negative impact on agricultural land or the farming community. In this regard, it is suggested that the proposal would have minimal negative impact on agricultural land or the farming community as the property has been used for non-farm purposes since prior to the creation of the ALR. As such, allowing the property to continue to be used for non-farm purposes would not increase the potential for conflicts to arise with the use of the adjacent agricultural properties. Allowing the property to continue to be used for non-farm purposes would also not set a precedence that would potentially lead property owners to believe that agricultural parcels within the Village can be used for non-agricultural purposes, which in turn could lead to additional requests for non-agricultural uses. The applicant is proposing to provide a 1 m wide vegetative buffer along the southern boundary of the subject property in order to limit the impact of the proposal on the farm property to the south. It is recommended that the provision of the proposed buffer be a requirement of Council s approval of the proposal in order to comply with one of the OCP Agricultural Policies which states that where a property is being developed adjacent to a property within the ALR, an appropriate buffer strip should be established on the non-alr property.

8 16-11-LUM-ALR (GEMA Holdings Ltd.) Page 8 The Planning Department recommendation in this report deals only with the subject ALR application. Should Council and the ALC approve the ALR application, a separate report for a zoning amendment application would be required to be submitted to Council for their consideration at a later date. The Planning Departments recommendation to support the subject ALR application should not be interpreted as support for a zoning amendment application. The Planning Department will provide a recommendation for that application once it has conducted a full analysis of the application, including a review of OCP Policies and Zoning and Subdivision Servicing Bylaw regulations that would be applicable to that proposal. SUMMARY: The applicant is proposing to exclude the property located at 126 Shuswap Avenue from the Agricultural Land Reserve (ALR) to potentially allow it to be subdivided and zoned for industrial purposes. The proposed exclusion requires the approval of Council and the Agricultural Land Commission (ALC). The Planning Department recommends that the application be authorized for submission to the ALC as the proposal would be consistent with the General Industrial land use designation of the property and with the Agricultural Policies of the OCP. The applicant is proposing to provide a 1 m wide vegetative buffer along the southern boundary of the subject property in order to limit the impact of the proposal on the farm property to the south. It is recommended that the provision of the proposed buffer be a requirement of Council s approval of the proposal in order to comply with one of the OCP Agricultural Policies which states that where a property is being developed adjacent to a property within the ALR, an appropriate buffer strip should be established on the non-alr property. Prepared by: Reviewed by: Jennifer A. Miles, B.Sc Planning Assistant Greg Routley Deputy Planning Manager

9 File: Applicant: Location: VILLAGE OF LUMBY AGRICULTURAL LAND COMMISSION APPLICATION SUBJECT PROPERTY MAP LUM-ALR GEMA Holdings Ltd. Shuswap Avenue [ 1 PLAN ) D.L. 163 Subject Property

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