REFERRAL Development Services Department Agricultural Land Commission Application DATE: December 5, 2007 FILE NO.: C-07-05383.100 FROM: RE: C. Garrish, Planner Referral from Regional District Okanagan-Similkameen Owner: Province of British Columbia Agent: Ministry of Agriculture & Lands (Bob Brodie) Addresses: 9118 342 nd Avenue, Rural Oliver, Electoral Area C Legal: Lot A, Plan 2023, District Lot 2450S, Portion Lot 111, SDYD Background: An application has been lodged with the Agricultural Land Commission (ALC) under Section 21(2) of the Agricultural Land Commission Act (the Act) in order to permit a subdivision to occur within the Agricultural Land Reserve (ALR). Specifically, the applicant is seeking the Commission s approval to create a new parcel approximately 1.58 hectares (ha) in area, which will leave a remainder parcel of approximately 2.38 ha. In support of this proposed subdivision, the applicant has stated that the west portion of this lot has been recognized by the Ministry of Environment (MOE) as having high environmental values. As MOE recommends the values in the west portion must be protected, they are opposed to the sale of the whole parcel as these values could be destroyed when the parcel is developed. At the moment, all of Block A is within a reserve under Section 16 of the Land Act, which prevents any alienation of the lot. In order to sell the eastern portion, the lot must be subdivided (approximately in half) in line with the attached drawing. If the subdivision proceeds, the west half would be placed in a Wildlife Management Area which would protect the environmental values and meet the needs of MOE. The east half could then be deposed and developed in line with the Agricultural Land Reserve. For reference purposes, the subject property is situated at the north-west corner of the intersection of Sawmill Road and 342 nd Avenue (with a section of the former KVR right-of-way separating the property from Sawmill Road to the east) on a lot that is approximately 3.96 ha in area. The property is undeveloped and currently maintained by the Province for conservation purposes. Under Section 34 of the Agricultural Land Commission Act, the Regional District must review the application, and forward to the commission the application together with [its] comments and recommendations. Referral responses are generally expected to advise the ALC as to the consistency of the proposal with the relevant Official Community Plan (OCP) and Zoning Bylaws, and if an amendment to either would be required as a result of approval. Under the Oliver Rural Zoning Bylaw No. 2123, 2002, the subject property is zoned Conservation Area (CA), and does not have a minimum parcel size requirement. Relevant Information: Page 1 of 7
The principle role for the Advisory Planning Commission (APC) in this referral process is to provide comment to the Regional District to refer to the ALC, as to the consistency of the requested subdivision against the relevant policy objectives contained within the Area C OCP and Zoning Bylaws, where: a conservation area is land that is preserved and protected for its unique natural value, land left in a natural or semi-natural state for the purpose of conserving plant life and providing habitat for wildlife or fish; the OCP seeks to foster an awareness of the natural environment and to protect environmentally sensitive areas from negative impacts from development; the OCP seeks to encourage provincial and federal governments, private organizations and private landowners to protect, enhance and manage critical habitat areas for endangered or threatened species in the Plan area; Section 12.3.2.6 of the OCP states the Regional Board will not permit redesignation of land use in the Official Community Plan or the Zoning Bylaw where it is determined that the redesignation or development would have a significant negative impact; the redesignation or development will result in the loss of significant portions of habitat of red-listed species; the redesignation or development will result in the loss of significant portions of riparian areas; and the impact cannot be mitigated to a level acceptable to the Regional Board. there is no minimum parcel size requirement within the CA Zone. Further to the requirements of Section 34 of the Agricultural Land Commission Act, should approval for a subdivision of the subject property be granted, an amendment to the OCP and Zoning Bylaws would not be required. It should be noted, however, that following any subdivision any newly created parcel would retain the Conservation Area designation the only permitted principle use of which is as land that is preserved and protected. If it is intended to pursue this subdivision in order to facilitate a specific land use other than a conservation area, an amendment of the OCP and Zoning Bylaw designations would be required. It is also thought that, depending upon the nature of any future use, a further application to the ALC may be required if it is proposed to undertake a non-farm use. Referral Comments: Engineering Services: The subject property is not within community water or sanitary system areas operated by the RDOS. The subject property is within the Town of Oliver fire department fire district area and does not have a fire hazard rating. This application is proposing to subdivide the subject parcel. Any subdivision referral from the Ministry of Transportation must meet the requirements of the Subdivision Servicing Bylaw No. 2000, 2002, Schedule B, Levels of Works and Services, it states that each parcel between 1.40 ha or greater will require the following minimum servicing: Page 2 of 7
proven water source, which may be a private water supply; a septic ground disposal system, approved by the Ministry of Health; and overhead electrical power. Planning Services Environmental Coordinator: The subject property is zoned conservation area; however, correspondence from the Ministry of Environment indicates that the sensitive features are on the western portion of the property and that it is beyond 30m from the watercourse. An environmental impact assessment and riparian assessment may be requested if there is rezoning to a more intensive or denser use of the site. If the subdivision is within 30m of a watercourse which is connected to a fish bearing watercourse then a watercourse development permit will be required. Options for Recommendations: 1. The APC recommends to the RDOS that the ALC be advised that the proposed non-farm use would not require an amendment to either the OCP and/or Zoning Bylaws, and that the following comments (if any) be forwarded to the ALC: 2. The APC recommends to the RDOS that the ALC be advised that the proposed non-farm use would require an amendment to either the OCP and/or Zoning Bylaws, and that the following comments (if any) be forwarded to the ALC: Respectfully submitted, C. Garrish, Planner Attachments: Schedule X Proposed Subdivision Plan Aerial Photo G:\DEVELOPMENT SERVICES\PLANNING SERVICES\PLANNING\ALR\REPORTS\C0705383100MinistryofAg051207.doc Page 3 of 7
Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 Agricultural Land Reserve Referral Schedule X File No. C-07-05383.100 Oliver N Subject Property AG1 Area of proposed subdivision CA RS1 AG1 AG1 Page 4 of 7
Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 Agricultural Land Reserve Referral Proposed Subdivision Plan File No. C-07-05383.100 Page 5 of 7
Regional District Okanagan-Similkameen 101 Martin St, Penticton, BC V2A 5J9 Tel: (250) 492-0237 Fax (250) 492-0063 Agricultural Land Reserve Referral Aerial Photo File No. C-07-05383.100 Subject Property Page 6 of 7
Local Government Report under the Agricultural Land Reserve Use, Subdivision and Procedure Regulation R.D./Mun. File Nos. C-07-05383.100 Fee Receipt No. XXXX Fee Amount $600.00 Information supplied by: Regional District Okanagan Similkameen In respect of the application of: Ministry of Agriculture & Lands ALR Base Map No. ALR Constituent Map No. Air Photo No. PLANS and BYLAWS (Attach relevant sections of bylaws) OCP Bylaw name: Electoral Area 'C' Rural Oliver Official Community Plan (OCP) Bylaw No. 2122, 2002 OCP Bylaw designation: Conservation Area (see attached) Zoning Bylaw name: Electoral Area 'C' Rural Oliver Zoning Bylaw No. 2123, 2002 Zoning Bylaw designation: Conservation Area Zone (see attached) Minimum Lot Size: no minimum parcel size. Uses permitted: (see attached) Are amendments to Plans or Bylaws required for the proposal to proceed? Plan Yes No Bylaw Yes No Is authorization under Sec. 25(3) or 30(4) of the Agricultural Land Commission Act required? Yes (If yes, please attach resolution or documentation) No COMMENTS AND RECOMMENDATIONS (Include copies of resolutions) Board or Council: Forwarded to Electoral Area C Director Advisory Planning Commission: To be forwarded separately Agriculture Advisory Committee: N/A Planning staff: see attached staff report, dated December 5, 2007 Others: N/A Tracey Batten, General Manager of Administration Services January 4, 2008 Page 7 of 7