ADMINISTRATIVE REPORT

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TO: Advisory Planning Commission FROM: B. Newell, Chief Administrative Officer

DATE: April 13, 2015 RE: Land Use Contract Discharge / OCP & Zoning Bylaw Amendment — Electoral Area “E”

Purpose: Administration is proposing that the Regional District Board resolve to initiate an amendment bylaw in order to terminate Land Use Contract No. LU-2-E (being Bylaw No. 407) from the the property at 2800 Aikens Loop (being Lot A, Plan KAP27210, District Lot 209, SDYD) and to designate and zone the property under the Electoral Area “E” OCP and Zoning Bylaws. Site Context: The subject property is approximately 2.04 ha in area and is situated on the east side of Aikens Loop approximately 2.5 kilometres (km) south of the Naramata Townsite. The property is seen to be comprised of a single detached dwelling and packing and sorting facility with the remained of the land base under agricultural production. The surrounding pattern of development is generally characterised by agricultural properties (in the Agricultural Land Reserve). Background: In August of 1973, an application seeking to rezone a number of parcels around Aikens Loop (comprising “Workman Orchards Limited”) from Agricultural-Residential (A-R) to General Industrial (M2) under the (then) Electoral Area “E” Zoning Bylaw No. 122, 1972, was submitted to the Regional District.

The purpose of this rezoning was to extend the use of a cold storage facility (then being contemplated for the property) to be used for the purpose of processing and packing fruit brought in from other sources, such as BC Tree Fruits (the A-R zoning otherwise limited this use to only fruit grown on-site). The property owner had indicated that they wished to undertake an “apple slicing” and canning business.

At its meeting of September 20, 1973, the Regional District Board rejected this proposal and directed “that the proposed development be regulated under a Land Use Contract.”

An LUC application was subsequently submitted and the Board approved third reading of Amendment Bylaw No. 193, 1973, at its meeting of November 22, 1973 (which was to authorise LUC No. LU-2-E), but the bylaw was subsequently abandoned by the Board — for unknown reasons — at its meeting of June 19, 1975.

An amended version of this proposal, now to apply only to the property at 2800 Aikens Loop, was re-submitted to the Regional District on April 21, 1978, and subsequently approved by the Board at its meeting of July 20, 1978, (as Amendment Bylaw No. 407, which authorised LUC No. LU-2-E).

Due to the nature of Land Use Contracts, these provisions have applied to the subject property over the intervening 37 years, despite the land use bylaws which apply to Electoral Area “E” having been subject to two comprehensive reviews (1993-95 & 2004-06).

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In 2014, the provincial government amended the Local Government Act in order that all remaining land use contracts will automatically be terminated, and shall be deemed to be discharged from the title of the applicable parcel by June 30, 2024.

A new Section (914.2) of the Act allows the Regional District to terminate, by bylaw, a Land Use Contract prior to 2024 provided it does so in accordance with the standard procedures for amending a land use bylaw (i.e. public hearing). Importantly, the provisions of any new zoning applied to a property currently subject to a LUC will not come into effect for one (1) year following adoption. Referrals: Approval from the Ministry of Transportation and Infrastructure (MoTI) is not required as the proposal is situated within 800 metres of a controlled area. Analysis:

Due to the way in which Land Use Contract No. LU-2-E was drafted, it relies upon “the Electoral Area “E” Zoning Bylaw Number 122 of the Regional District, as amended from time to time [emphasis added]” to determine the range of permitted uses, density and development controls (i.e. setbacks, building height, parcel coverage, etc.) that apply to the subject property.

At the time LU-2-E was adopted in 1978, it referenced Sections 13 (Agricultural-Residential Zone) and 28 (General Requirements) of the Electoral Area “E” Zoning Bylaw, No. 122, 1972, as applying to the subject property and also made special provision for “the processing, packing, storage and sale of agricultural produce, and the necessary buildings therefore, are permitted.”

As mentioned above, the Electoral Area “E” Zoning Bylaw has undergone two major reviews (i.e. amendments) since 1978 and the current iteration of the Agricultural-Residential (A-R) Zone is seen to be the Agriculture One (AG1) Zone under Zoning Bylaw No. 2459, 2008.

Of note, when the Electoral Area “E” land use bylaws were last reviewed in 2006, the AG1 Zone was updated to allow for the “processing, packing and storage of farm and off-farm products, including sales” — being the special provision found in LU-2-E.

As a result, Administration considers Land Use Contract No. LU-2-E to be redundant as it no longer bestows any special privileges upon the subject property not otherwise contemplated by the AG1 Zone.

In place of LU-2-E, it is proposed to formally introduce the AG1 Zone as well as an OCP designation of Agriculture (AG). Of note, the property will not be subject to any Development Permit Area designations (i.e. watercourse or environmentally sensitive).

Administrative Recommendation:

THAT the APC recommends to the RDOS Board that the proposed termination of Land Use Contract No. LU-2-E be approved.

Options:

1. THAT the APC recommends to the RDOS Board that the proposed termination of Land Use Contract No. LU-2-E be approved.

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2. THAT the APC recommends to the RDOS Board that the proposed termination of Land Use Contract No. LU-2-E be approved with the following conditions:

i) TBD

3. That the APC recommends to the RDOS Board that the proposed termination of Land Use Contract No. LU-2-E be denied.

Respectfully submitted: Endorsed by:

_________________________________ _Donna Butler_______________ C. Garrish, Planning Supervisor D. Butler, Development Services Manager

Attachments: No. 1 – Context Maps

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Attachment No. 1 — Context Maps

NN

Subject Parcel

NARAMATA

Discharge Land Use Contract: No. LU-2-E Proposed land use designations: OCP: Agriculture (AG) Zoning: Agriculture One (AG1)

(YELLOW SHADED AREA)