APC REPORT

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SHORT SUMMARY: The subject property is located at 3401 Catherwood Road in the South Revelstoke area of Electoral Area 'B'. This property is completely within the Agricultural Land Reserve (ALR), and the owners would like to exclude the property from the ALR to facilitate a future subdivision.

BACKGROUND:

Location: The subject property is 3.16 ha in size and is located at 3401 Catherwood Road, in the South Revelstoke area of Electoral Area 'B'.

Site Comments: A site visit was conducted on June 24, 2016. The property is generally flat and heavily treed in the south portion of the property. Currently there are a number of structures on the property: 5 bedroom single family dwelling; 3 car garage with 2 bedrooms; and three old buildings/structures. According to the caretaker, the property has not been used for agriculture recently; however there were cattle on the property to the west during the site visit. Staff note that there are six properties along Catherwood Road, ranging in size from 0.166 ha to 0.218 ha, that are adjacent to the subject property. These lots were created in 1969 and 1970 and before the ALC was established.

Surrounding Properties:

North: Agriculture, Residential, Small Holding, ALR South: Small Holding, ALR, treed East: Agriculture, Residential, Small Holding, ALR West: Agriculture, Small Holding, ALR

Soils Capability:

Canada Land Inventory Soil mapping indicates that the entire subject property is Class 2 with topography as a limiting factor.

The soils are improvable, but with no change in class or limiting factors.

History: There have been a number of ALC applications made in the area:

1096 (1975) 2 lot subdivision approved

1255 (1976) refused a 5 lot subdivision

1261 (1974) 2 lot subdivision approved

TO: APC 'B' File No: LC 2518

FROM: Jennifer Sham

Planner Date:

July 13, 2016

SUBJECT: Agricultural Land Commission (ALC) application

Section 30(1) – Exclusion Stephen Revell/Robert Lundberg (agent) Lot 1, Section 11, Township 23, Range 2, W6M, KDYD, Plan 7126 except part included in Plan 7169

2 T

2 T

APC Report LC2518B July 13, 2016

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1374 (1978) inclusion application withdrawn

1396 (1983) Second dwelling approved

1412 (1977) exclusion application refused because of high agricultural capability

1626 (1976) refused subdivision but allowed a partial exclusion

1987 (1986) refused a 5 lot subdivision

2012 (1987) 2 lot subdivision approved

2291 (2003) 2 lot subdivision approved

2319 (2005) exclusion application withdrawn

Staff note that there are six properties along Catherwood Road, ranging in size from 0.166 ha to 0.218 ha, that are adjacent to the subject property. These lots were created in 1969 and 1970 and before the ALC was established.

POLICY:

Electoral Area 'B' Official Community Plan Bylaw No. 850 (Bylaw No. 850) SH – Small Holdings

4.1 Residential Small Holdings 4.3.20 The principal use shall be residential or agricultural.

4.3.22 One primary dwelling and one secondary dwelling unit shall be permitted per lot.

4.3.23 The minimum parcel size for subdivision of Small Holdings land shall be 4 ha. South Revelstoke 4.4.9 The Regional District recognizes the development pressure currently being experienced on the ALR lands below the Revelstoke Mountain Resort; however the ALC has indicated that it does not support a review of these lands for exclusion from the ALR. The ALC has indicated that it would only consider a review under the following conditions.

Specific information is provided as to the capacity of non ALR land in the City of Revelstoke to accommodate growth (i.e. more land is required to service growth pressures); and

The land is proposed for incorporation into the City of Revelstoke.

Recognizing the current ALR status, lands within the ALR south of Revelstoke are to be designated Small Holdings (SH).

10.1 Agriculture Agricultural lands in Electoral Area 'B' are primarily located in the Arrow Lakes Valley. The Regional District recognizes that some lands in the Electoral Area ‘B’, particularly in South Revelstoke may have limitations for agriculture, however, the ALC is not supportive of ALR exclusions at this time.

Although there is limited evidence of existing agricultural activity in the plan area there is a history of agriculture, particularly in the river valleys. The CSRD recognizes this history and the role of the ALC and the plan is supportive of agriculture, particularly where agriculture can contribute to sustainability and local food production. 10.2 Objectives 10.2.1 To support the preservation of the agricultural land base where lands have continuing value for agriculture.

10.2.2 To promote options for the production and marketing of locally grown foods.

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10.2.3 To minimize conflicts between agriculture and other land uses.

10.3 Policies 10.3.1 The Regional District supports the preservation, maintenance and enhancement of lands for agricultural use within the Agricultural Land Reserve. Current Agricultural Land Reserve designations are inventoried in Schedule C.

10.3.3 Agriculture, including but not limited to agricultural food production, forage crops, livestock operations and accessory commercial uses, is permitted in the Rural Resource, Small Holdings, and Rural Residential 2 designations. Electoral Area 'B' Zoning Bylaw No. 851 (Bylaw No. 851) SH – Small Holdings

3.6 Agricultural Land Reserve In addition to the regulations established in this Bylaw, all lands within the Agricultural Land Reserve are also subject to the provisions of the Agricultural Land Commission Act, regulations and orders of the Agricultural Land Commission (thereby not permitting the subdivision of land or the development of non-farm uses unless approved by the Agricultural Land Commission). 5.5 Small Holdings (SH) Zone Principal Uses (1) The uses stated in this subsection and no others are permitted in the Small Holdings zone as principal uses, except as stated in Part 3: General Regulations: (a) agriculture

(b) day care

(c) horticulture

(d) single family dwelling

(e) standalone residential campsite (f) timber harvesting Secondary Uses (2) The uses stated in this subsection and no others are permitted in the Small Holdings zone as secondary uses, except as stated in Part 3: General Regulations: (a) accessory use

(b) bed and breakfast

(c) home occupation

(d) small-scale sawmill

(e) residential campsite

(f) secondary dwelling unit Regulations (c) Maximum parcel coverage: 25% (d) Maximum number of single family dwellings per parcel: One (e) Maximum number of secondary dwelling units per parcel: One Agricultural Land Commission Act Agricultural land to remain in the reserve unless excluded 16 Land included in an agricultural land reserve remains agricultural land in the agricultural land reserve unless excluded under this Act.

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Rules for use and subdivision of agricultural land reserve 18 Unless permitted by this Act, the regulations or the terms imposed in an order of the commission,

(b) an approving officer under the Land Title Act, the Local Government Act or the Strata Property Act or a person who exercises the powers of an approving officer under any other Act may not approve a subdivision of agricultural land.

Exclusion application by owner 30(1) An owner of land may apply to the commission to have their land excluded from an agricultural

land reserve.

(2) On an application under subsection (1), the commission may do one of the following: (a) refuse permission to have land excluded from an agricultural land reserve; (b) grant permission to have land excluded from an agricultural land reserve; (c) permit a non-farm use or subdivision on the land.

(3) If the commission makes a decision under subsection (2) (b) or (c), it may impose terms it considers advisable.

(4) An application under this section, except an application from a first nation government, may not proceed unless authorized by a resolution of the local government if, on the date the application is made, the application (a) applies to land that is zoned by bylaw to permit agricultural or farm use, or (b) requires, in order to proceed, an amendment to an official settlement plan, an official

community plan, an official development plan or a zoning bylaw. KEY ISSUES/CONCEPTS: The agent has indicated that the proposal is to remove the property from the ALR to facilitate a future subdivision. The agent has concurrently applied for a Temporary Use Permit for a vacation rental.

If the exclusion application is approved, the owner will apply for a rezoning to allow for subdivision of the subject property.

If this exclusion application is not approved, if the owner wishes to subdivide the property, a subdivision within the ALR application is required.

LIST NAME OF REPORT(S) / DOCUMENT(S):

1. Maps: Location, Site Plan, OCP, Zoning, Soils, ALR/History, Orthophotograph

2. Photos

Attached to APC report:

Available from Staff:

3. Additional Photos Attached to APC

report: Available from

Staff: COMMUNICATIONS: The applicant, under Section 30(1), Exclusion, was required to notify adjacent property owners in writing, place a newspaper ad, and to post a sign on the property as notice of the proposed exclusion. Proof of notification was included as part of the application. Staff received 7 letters of opposition from property owners within the area. Staff note that one of the letters was referring to a neighbouring property. The concerns in the written submissions included the potential increase in traffic, the loss of fertile farm land, future food security, possible water issues, and further subdivision in the area. This application has been referred to the Advisory Planning Commission 'B'.

Location

1:15,000 Subject Property

City of Revelstoke

Site Plan

OCP

Zoning

Subject property

Soils

Proposed Lot A

2 T

2 T

4 T

4 T

7 T

R

Subject property

ALR/History

ALR

Subject Property

1261 1626 2319 1412

2291

1096 1396 2012

1255 1987 1374

Orthophotograph

Subject Property

Photos

Facing west at the 3 car garage with 2 bedrooms above, and the 5 bedroom log house

Facing west at one of the septic tanks on the property and an open field

Facing east at one of the old buildings on the property

Facing east at an old structure on the property

Facing west at a shed on the property

Facing west at the open field

Facing northeast at the house and garage in the distance and open field