ADMINISTRATIVE REPORT

Transcription

1 ADMINISTRATIVE REPORT TO: FROM: Board of Directors B. Newell, Chief Administrative Officer DATE: July 6, 2017 RE: Official Community Plan (OCP) Bylaw Amendment Electoral Area C Administrative Recommendation: THAT Bylaw No , 2017, Regional District of Okanagan-Similkameen Protection of Farming Development Permit Area Update Official Community Plan Amendment Bylaw be read a first and second time and proceed to a public hearing; AND THAT the Board of Directors considers the process, as outlined in the report from the Chief Administrative Officer dated July 6, 2017, to be appropriate consultation for the purpose of Section 475 of the Local Government Act; AND THAT, in accordance with Section 477 of the Local Government Act, the Board of Directors has considered Amendment Bylaw No , 2017, in conjunction with its Financial and applicable Waste Management Plans; AND THAT the holding of a public hearing be scheduled for the Regional District Board meeting of July 20, 2017; AND THAT staff give notice of the public hearing in accordance with the requirements of the Local Government Act. Purpose: The purpose of this amendment to the Electoral Area C Official Community Plan (OCP) Bylaw is to update the Protection of Farming Development Permit (PFDP) Area designation. Background: At its meeting of November 6, 2008, the Regional District Board endorsed the Electoral Area C Agricultural Area Plan (AAP). The AAP had commenced in 2004 and was steered by an Agricultural Advisory Committee (AAC) and further involved a series of public consultations prior to the strategic recommendations contained within the Plan being finalised. Following endorsement by the Board, implementing the recommendations contained within the AAP was established as a project in This included the drafting of amendment bylaws to the Electoral Area C OCP and Zoning Bylaws. The Board, at its meeting January 26, 2012, adopted Amendment Bylaw No , 2010, which, amongst other things, introduced the PFDP Area designation. The purpose of the PFDP Area is to protect farmland by mitigating conflict between agriculture and rural and urban neighbours through the creation of a 150 metre buffer within which new Page 1 of 8

2 development should employ siting and screening measures to limit adverse impacts on adjacent farming operations In the five years that the PFDP Area designation has been in effect, the Regional District has yet to issue a development permit related to the protection of farmland. At its meeting of May 4, 2017, the Planning and Development (P&D) Committee of the Regional District Board considered an administrative report regarding the PFDP Area and resolved to direct staff to undertake an update of the designation. Referrals: Approval from the Ministry of Transportation and Infrastructure (MoTI) will not be required prior to adoption as the proposed amendments relate to an official community plan bylaw. Pursuant to Section 476 of the Local Government Act, the Regional District must consult with the relevant School District when proposing to amend an OCP for an area that includes the whole or any part of that School District. In this instance, School District No. 53 has been made aware of the proposed amendment bylaw. Pursuant to Section 477 of the Local Government Act, after first reading the Regional Board must consider the proposed OCP amendment in conjunction with Regional District's current financial and waste management plans. The proposed OCP amendment has been reviewed by the Public Works Department and Finance Department, and it has been determined that the proposed bylaw is consistent with RDOS s current waste management plan and financial plan. Public Process: At its meeting of June 20, 2017, the Electoral Area C Advisory Planning Commission (APC) was scheduled to consider the proposed amendments but failed to achieve a quorum. Administration recommends that the proposed consideration by the APC as well as formal referral to the agencies listed at Attachment No.1, should be considered appropriate consultation for the purpose of Section 475 of the Local Government Act. As such, this process is seen to be sufficiently early and does not need to be further ongoing consultation. Agency comments have been received from Penticton Indian Band (PIB), Agricultural Land Commission (ALC) and Ministry of Agriculture and these are included as a separate item on the Board Agenda. Analysis: While the Regional District has yet to issue a PFDP in the five years that the permit area has been in place, a number improvements to the mapping, guidelines and permit triggers have been identified by staff. This includes removing the DP Area designation from highways and the Okanagan River Channel, clarifying that the need for a permit is only triggered by subdivision and updating the guidelines that development proposals should adhere to. Alternatives: THAT Amendment Bylaw No , 2017, be denied. Page 2 of 8

3 Respectfully submitted: Endorsed by: C. Garrish, Planning Supervisor B. Dollevoet, Development Services Manager Attachments: No. 1 Agency Referral List No. 2 Comparison of Current vs. Proposed PFDP Area Guidelines Page 3 of 8

4 Attachment No. 1 Agency Referral List Referrals to be sent to the following agencies as highlighted with a, prior to the Board considering first reading of Amendment Bylaw No , Agricultural Land Commission (ALC) Interior Health Authority (IHA) Ministry of Agriculture Ministry of Energy & Mines Ministry of Community, Sport and Cultural Development Ministry of Environment Ministry of Forest, Lands & Natural Resource Operations Ministry of Jobs, Tourism and Innovation Ministry of Transportation and Infrastructure Integrated Land Management Bureau BC Parks School District #53 (Okanagan Similkameen) Kootenay Boundary Regional District City of Penticton District of Summerland Town of Oliver Town of Osoyoos Town of Princeton Village of Keremeos Okanagan Nation Alliance (ONA) Penticton Indian Band (PIB) Osoyoos Indian Band (OIB) Upper Similkameen Indian Bands (USIB) Lower Similkameen Indian Bands (LSIB) School District #58 (Nicola Similkameen) Environment Canada School District #67 (Okanagan Skaha) Central Okanagan Regional District Fortis Fisheries and Oceans Canada Archaeology Branch Westbank First Nation Page 4 of 8

5 Attachment No. 2 Comparison of Current vs. Proposed PFDP Area Guidelines CURRENT PFDP AREA GUIDELINES Category The Protection of Farming Development Permit (PFDP) area is designated under Section (1) (c) of the Local Government Act, for screening, landscaping, fencing and siting of buildings or other structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land. The purpose is to protect farmland by mitigating conflict between agriculture and rural and urban neighbours. Area The PFDP area is shown on Schedule E and is measured 150 metres back from the boundary of all Agricultural zoned parcels. This Development Permit area is applicable to all lands adjoining Agricultural zoned parcels, or separated by a right of way, a statutory right-of-way, or a dedicated road. Justification The primary objective of the development permit area designation is to regulate development activities adjacent to active farming properties so as to reduce conflicts between agricultural practices and other uses. Addressing subdivision layout, building locations and incorporating landscaped and siting buffers between new subdivisions and the ALR lands will protect the agricultural use of the ALR lands and minimize complaints due to farming activities for the benefit of both farm and non-farm residents. PROPOSED PFDP AREA GUIDELINES Category The Protection of Farming Development Permit Area (PFDP Area) as shown on Schedule E (Protection of Farming Development Permit Area) is designated as a Development Permit Area under section 488(1)(c) of the Local Government Act, for the protection of farming. Area The lands shown as Protection of Farming Development Permit Area on Schedule E are designated as Protection of Farming Development Permit Area. The Development Permit area includes those lands located within 150 metres of parcels designated Agriculture (AG) on Schedule B (Official Community Plan Map) of this bylaw. Justification To regulate future development within lands adjacent to agricultural areas in order to minimize conflicts between farming and other non-farm uses. Background Farming and agricultural activities provide a strong component to the economy and history of the Okanagan valley. At the same time residential development has increased throughout the valley often Page 5 of 8

6 CURRENT PFDP AREA GUIDELINES Application Prior to development on lands adjoining Agricultural zoned lands or separated by a right-of-way or dedicated road from Agricultural zoned land, the owner must:.1 Obtain a development permit in accordance with Protection of Farmland Development Permit Area Design Guidelines; and.2 Include an assessment of the site and substantiate the need for a buffer and provide design measures that are most appropriate for the site and should consider the type and intensity of the urban/rural use and its relationship to farm uses. Guidelines.1 Land Uses Those type of land uses shall generally be discouraged next to Agricultural lands which by their very nature may prompt concerns about farming nuisances, such as health care facilities, schools, churches or places of worship, and public parks..2 Subdivision Layout a) Subdivision design must minimize potential negative impacts that may occur between farm and non-farm land PROPOSED PFDP AREA GUIDELINES within close proximity to active farming areas. Conflicts between active farm practises and nearby non-farm uses continue to occur. Addressing subdivision layout, proposed building locations and incorporating landscaping and siting buffers between new subdivisions and Agriculture zoned lands will protect the agricultural use of the lands and minimize complaints due to farming activities for the benefit of both farm and non-farm residents. Development Requiring a Permit A Development Permit is required, except where specified under Exemptions, for a subdivision of land within the PFDP Area. Guidelines.1 A Development Permit is required for subdivision within a PFDP Area, and shall be in accordance with the following guidelines: a) the creation of road endings or road frontages adjacent to agricultural land should be avoided. b) a buffer area not less than 15.0 metres in width should be provided on each parcel adjacent to any lands designated Agriculture (AG) at Schedule B of this bylaw. Page 6 of 8

7 Page 7 of 8 CURRENT PFDP AREA GUIDELINES users. Increased access to agricultural lands is not encouraged; however, roads may be considered for their buffering benefits. b) Avoid roads ending next to the Agriculturally zoned parcels except as may be necessary for access by farm vehicles. c) Open spaces with landscaped buffers that are designed with water retention capacity or adequate rainwater/storm drainage system should be located along the Agricultural zoned edge. d) Subdivided lots shall be appropriately sized and configured to accommodate minimum buffer distances..3 Buffer Design a) Ideally a minimum 30m wide setback to any principal use structures or dwellings is required on properties next to Agriculturally zoned parcels. b) A continuous 5m landscaped buffer is to be planted and maintained in the 30m setback. c) The buffer must be installed prior to subdivision. d) The buffer should consist of native trees and vegetation. e) Any existing mature native trees within the buffer area must be preserved. f) A 1.8m high fence must be installed along the length of the shared property line. g) Vegetated material selected must consist of low maintenance native or indigenous vegetation and should not require annual fertilizer use. h) Where there is an existing natural feature such as a watercourse along the edge of the agricultural land that provides a physical separation, the width of the PROPOSED PFDP AREA GUIDELINES c) a building envelope of sufficient area to permit the construction of a residential dwelling unit of reasonable floor area complying with all building and siting regulations applicable to the parcel as well as the buffer area referenced at sub-section (b) should be indicated on the survey plan. d) a fence should be installed along the perimeter of a parcel where it adjoins lands designated Agriculture (AG) at Schedule B of this bylaw, and prior to final approval by the subdivision approving officer. e) native vegetation is encouraged to be retained, enhanced or installed within the buffer area referenced at subsection (b).

8 CURRENT PFDP AREA GUIDELINES landscaped buffer may be reduced if it is inside the Streamside Protection and Enhancement Area (SPEA). i) Where there is an existing road surface or road right-ofway or natural feature such as a ravine, the width of landscaped buffer may be reduced to 3m, while retaining the required setback. j) A landscaping plan must be provided that includes details on planting types and materials, sizes, spacing and irrigation plans. Exemptions The PFDP area does not apply to the following: 1) subdivisions that do not create any additional parcels; and 2) a subdivision, if the smallest parcel resulting from subdivision is 10.0 ha or greater. PROPOSED PFDP AREA GUIDELINES Exemptions A PFDP is not required for any of the following:.1 subdivisions that propose to: a) consolidate existing parcels, including the consolidation of parts of a closed road to an existing parcel; or b) alter parcel lines between two or more parcels where no additional parcels are created upon completion of the alteration. Page 8 of 8