REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 January 26, 2016 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON AGRICULTURAL LAND RESERVE EXCLUSION APPLICATION NO. ALR WESTSYDE ROAD OWNER/APPLICANT: NORTH CORE DEVELOPMENT LTD. PURPOSE To receive Council's approval to forward the proposed Agricultural Land Reserve (ALR) exclusion application to the Agricultural Land Commission (ALC) for consideration. SUMMARY The subject property is zoned A-1 (Agricultural) and is located in the Westsyde neighbourhood in The Dunes at Kamloops golf course, adjacent to existing residential subdivisions. The area proposed for exclusion is approximately 6.7 ha and is located near the middle of the golf course in an area that currently contains golf holes and a driving range. The golf course layout will be reconfigured to accommodate the proposed development (Attachment "A"). The applicant has noted that the area proposed for exclusion is characterized by sandy soil with little agricultural value. In order to improve the potential agricultural viability of the land, the applicant proposes to relinquish the previous ALC-approved golf course use on two approximately 8.7 ha parcels of land at the north end of the property to form a total of 29 ha on non-alienated farm lands that have greater agricultural potential than the area proposed for exclusion. The applicant applied for an ALR exclusion in 2012 on the same portion of the property; however, since the date of the last application, the Agricultural Land Commission Act (ALCA) has been amended, which has expanded development opportunities for ALR lands in the Interior of British Columbia. The 2012 ALR exclusion included the same area of land, but did not include the proposal to relinquish ALC golf course use approvals on 17.4 ha of land. The application was combined with an Official Community Plan (OCP) amendment application to designate the proposed development site as Urban and to implement the Golf Course Development Policies in KAMPLAN. The application proceeded to a Public Hearing and received two readings by Council, along with approval to forward to the ALC for consideration. The application was held at third reading pending ALC consideration. The ALC denied the application based on the ALCA regulations in place at that time. The City subsequently rescinded the readings of the proposed Golf Course Development Policy, OCP amendment, and land use redesignation. The golf course policies were forwarded to Council via a separate OCP amendment application to provide direction for golf course developments throughout the city. The KAMPLAN Golf Course Development Policies were adopted in S:\DCS\Jobs (c3)\236459_alr00040_rep\alr00040_rep.docx 72

2 AGRICULTURAL LAND RESERVE EXCLUSION January 26, 2016 APPLICATION NO. ALR00040 Page 2 In 2015, the ALCA and its regulations underwent a major revision, which implemented two zones for ALR lands (Zone 1 and 2). The subject property is located in Zone 2, which, in accordance with Section 4.3 of the ALCA, requires that the ALC consider all of the following in descending priority when considering an application: 1. The purpose of the ALC as set out in Section 6 of the ALCA: a) to preserve agricultural land; b) to encourage farming in collaboration with other communities of interest; and c) to encourage local governments, First Nations, the government and its agents to enable and accommodate farm use of agricultural land and uses compatible with agriculture in their plans, bylaws and policies; 2. Economic, cultural, and social values; 3. Regional and community planning objectives; and 4. Other prescribed considerations. As a condition of the ALR exclusion process, the applicant was required to post a sign on the property and advertise a Notice of Exclusion in two publications of the local newspaper. Staff have received two responses to the notification and both reflect concern over the potential loss of ALR land within the City. If the ALC exclusion application is approved, OCP amendment, rezoning, and subsequent Multiple Family Development Permit applications would be required. If successful, these applications would facilitate the development of up to 317 housing units extending no further north than the existing developments adjacent to the golf course. The units would be developed as strata and would not require the extension of City services. As noted above, KAMPLAN was amended to include golf course policies, which support single-family, two-family, and multiple-family residential development subject to: support from the ALC; compatibility with adjacent land uses and appropriate density; proximity to transit and amenities; and the scale, servicing, and intensity of the development compatible with surrounding residential development. The proposed ALC exclusion would allow the applicant to proceed with OCP amendment and rezoning applications to facilitate the development. The proposed development meets the objectives of the Golf Course Development Policy overall, and specifically complies with the residential development criteria in Section 8.4.1, contingent on ALC approval. The Development and Engineering Services Department supports forwarding the application to the ALC for consideration, as it complies with the golf course policies outlined in KAMPLAN. RECOMMENDATION: That Council authorize staff to forward proposed Agricultural Land Reserve Exclusion Application No. ALR00040 to the Agricultural Land Commission for its consideration. S:\DCS\Jobs (c3)\236459_alr00040_rep\alr00040_rep.docx 73

3 AGRICULTURAL LAND RESERVE EXCLUSION January 26, 2016 APPLICATION NO. ALR00040 Page 3 COUNCIL POLICY KAMPLAN The subject property is designated Golf Course in KAMPLAN, which supports ancillary residential development in accordance with the following Golf Course policies: Golf Course Development Policies 8.1 Locating new golf courses within the Agricultural Land Reserve shall only be supported subsequent to detailed consultation with the Agricultural Land Commission. 8.2 The City will not permit the use of domestic water sources for irrigation purposes. 8.3 Accessory commercial uses (restaurants; concessions; the sale, rental, and repair of sporting equipment; and banquet/meeting spaces) shall be encouraged on a limited scale. 8.4 Additional accessory uses that may be considered appropriate subject to a site-specific evaluation and public consultation include: Single-family, two-family, and multiple-family residential development where: The lands are designated Urban; Support from the Agricultural Land Commission is obtained for the development of lands within the Agricultural Land Reserve; Compatible with adjacent land uses and the density does not exceed 25-units per ha; the City may consider low and medium density, multiple-family residential development to a maximum density of 75 units per ha as a means to protect identified environmentally-sensitive lands, provide larger buffers between adjoining properties, and reduce the developable footprint to ensure large tracts of land remain viable for agricultural purposes; Located in proximity to public transit; Amenities such as shopping, community facilities, parks, leisure services, and schools are available and can service the residential development; The scale and intensity of the development respects the existing neighbourhood; Landscaping, parking, and site design standards are maintained; The proposed development can be fully serviced without requiring extension of municipal infrastructure; and The development generally complies with all other components of the Official Community Plan. The proposed development meets the objectives of the policy overall and specifically complies with section 8.4.1, contingent on ALC approval. S:\DCS\Jobs (c3)\236459_alr00040_rep\alr00040_rep.docx 74

4 AGRICULTURAL LAND RESERVE EXCLUSION January 26, 2016 APPLICATION NO. ALR00040 Page 4 Agricultural Area Plan The Agricultural Area Plan (AAP) refrains from supporting changes to ALR boundaries unless determined by the ALC to be an acceptable non-farm use or appropriate for exclusion from the ALR. Accordingly, if the ALC determines that the land is suitable for exclusion from the ALR, the intent of the AAP is satisfied. SITE CONDITIONS AND BACKGROUND Neighbourhood - Westsyde KAMPLAN Designation - Golf course Current Zoning/Use - A-1 (Agriculture)/golf course Proposed Variance - n/a Surrounding Uses - Residential, golf course, Dunesberry Farm Application Date - December 1, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - December 18, 2016 Parcel Size ha (proposed exclusion area) MOTI Referral - n/a M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: B. Smith, MCIP, RPP, Planner Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager BS/ts/lm Attachments S:\DCS\Jobs (c3)\236459_alr00040_rep\alr00040_rep.docx 75

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