CITY OF WEST KELOWNA

MINUTES OF THE AGRICULTURAL ADVISORY COMMITTEE MEETING

Wednesday, September 01, 2021 at 5:00 P.m. - 7:00 P.m.

COUNCIL CHAMBERS

2760 CAMERON ROAD, WEST KELOWNA, BC

MEMBERS PRESENT:

• Jan Bath, Chair
• Geoffrey Oliver
• Serina Penner, Vice Chair
• Anton Schori
• Nikko Shankman

MEMBERS ABSENT:

• Philip Gyug

Staff Present:

• Chris Oliver, Senior Planner
• Jayden Riley, Planner II
• Carla Eaton, Planner III
• Natasha Patricelli, Recording Secretary

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1.

CALL THE AGRICULTURAL ADVISORY COMMITTEE MEETING TO ORDER

The meeting was called to order at 5:01 p.m.

The meeting was open to the public. In accordance with COVID-19 protocols, Step 3 of BC's Restart Plan, and the City's COVID-19 Safety Plan regarding indoor seated gatherings, a viewing area that could accommodate twelve members of the public. This meeting was webcast live and archived on the City's website.

2.

INTRODUCTION OF LATE ITEMS

3.

ADOPTION OF AGENDA

• It was moved and seconded

  Resolution No.

  THAT the agenda be adopted as presented.

  CARRIED UNANIMOUSLY

4.

ADOPTION OF MINUTES

4.1

Minutes of the Agricultural Advisory Committee meeting held July 7, 2021 in the City of West Kelowna Council Chambers

• It was moved and seconded

  Resolution No.

  THAT the minutes of the Agricultural Advisory Committee meeting held July 7, 2021 in the City of West Kelowna Council Chambers be adopted.

  CARRIED UNANIMOUSLY

5.

PRESENTATIONS

6.

DELEGATIONS

7.

UNFINISHED BUSINESS

8.

REFERRALS

8.1

Z 21-04; OCP and Zoning Amendment; 3830 Gellatly Road South

Highlights of the presentation include:

Property Details

• 3,405 sq. m parcel area;
• Zoning: Single Detached Residential (R1);
• Land Use Designation: Single Family Residential;
• Surrounding Land Uses: 
  • North: Low Density Multiple Residential (R3);
  • East: Duplex Residential (R2);
  • West: Large Parcel Single Detached Residential (R1L) and Agriculture (A1);
  • South: Rural Residential Large Parcel (RU4);
• Contains Hillside Development Permit Areas;
• Existing dwelling on site;

Background

• Proposal received first and second reading from Council on July 27, 2021;
• Application was requested to be referred to AAC by Council prior to Public Hearing;

Proposal

• To amend property's Land Use Designation and Rezone to support future duplex and townhouse development;
• Proposed Land Use Designation to Low Density Multiple Family;
• Proposed Zoning to Low Density Multiple Residential Zone (R3);

Policy and Bylaw Review

Official Community Plan

• Proposed OCP amendment to provide broader range of housing opportunities (semi-detached and attached townhouses);
• Located within a Neighbourhood Growth Management Designation;

Zoning Bylaw

• Proposed Low Density Multiple Residential Zone (R3) to accommodate multiple residential use (duplex, townhome, etc.);
• Proposed R3 zone differences include: Max density 0.75 FAR; Max parcel coverage 40%; 7.5 m rear setback; Outdoor Amenity Space of 25 sq. m per unit required;
• Subject parcel boundary is 30 m from A1/ALR;

Technical Reports

• Functional Servicing Report identified existing and proposed services;
• Frontage improvements would be required at time of Building Permit;
• Geotechnical report provided existing conditions and recommendations;
• Further information to be provided at the time of Development Permit;

Referrals

• Development Engineering - no off-site upgrades, advisory comments for Building Permits related to frontage and servicing;
• Fortis - permitting requirements for crossing gas pipeline; 
• Advisory Planning Commission provided support for this application on June 16, 2021;

Key Considerations

• Located downslope and 30m from Agricultural land to the West and meeting 15m and 18m buffer requirements;
• Located within Neighbourhood Growth Management Designation, which supports low and medium density housing;
• Technical reports support proposal with required upgrades to the road frontage improvements;
• Public will have opportunity for comment at a scheduled Public Hearing.

Questions on the presentation:

• Property behind is privately owned single family residential? Correct;
• Why was application referred to AAC? Council seeking consideration from AAC due to property being in proximity to Agricultural land before proceeding to Public Hearing;
• Any feedback from the farmer? Notification for Public Hearing will be provided to residents by mail living within 100 m along with advertisements in the newspaper for general public. Signage has been installed on the property and staff have received feedback from neighbours, but not the farmer specifically;

Highlights of the discussion include:

• Would be helpful to hear formal comments from the farm owner;
• Easier for farmers to direct complaints about their practices by having disclosure statements in the form of restrictive covenant;
• Recommend restrictive covenants for all properties close to farming, not only adjacent; 
• Property is close enough to be impacted by active farming;
• Suggestion to have the right to farm education for anyone next to farm land;
• Consideration for future parking;
• Thank you to Council for referring this item to the committee. The opportunity to provide an agricultural lens on referrals is appreciated.

• It was moved and seconded

  Resolution No.

  THAT the Agricultural Advisory Committee recommend support for file Z 21-04, OCP and Zoning Amendment, 3830 Gellatly Road South.

  CARRIED UNANIMOUSLY

8.2

Z 21-05; OCP and Zoning Amendment; 3636 McIver Road

Agent Jesse Alexander from New Town Developments attended via Teams

Highlights of the presentation include:

Subject Property

• Located in Glenrosa Neighbourhood;
• Land Use Designation: Agricultural partially within Rural Reserve;
• Located within Neighbourhood Growth Management Designation;
• Hillside Development Permit area;
• 2.4 acres currently vacant;

Background

• November 2013 property was excluded from the Agricultural Land Reserve;
• Previous restricted covenant until service upgrades were completed - remaining connection on McIver road is outstanding;

Proposal

• Proposed OCP to amend Agricultural Land Use Designation to Single Family Residential;
• Proposed Zoning to amend Agricultural A1 Zone to Compact Single Detached Residential RC3;
• Proposal includes discharge of previous covenant;
• Proposed development of 23 single family homes under current configurations;

Applicant Rationale

• Surrounded by institutional and single family residential;
• Potential road realignment proposed;

Policy and Bylaw Review

• OCP speaks to Agricultural Land Use and currently no existing farm operations on the property or in the area;
• Zoning Bylaw RC3 consistent with current uses in previous phases of the development;

Considerations

• Proposed use is consistent with surrounding uses;
• Efficient use of existing City infrastructure;
• Limited impact to existing agriculture operations (site or surrounding area).

Questions on the presentation:

• Why was this not part of a original rezoning? Exclusion had not been finalized at that time; road network connectivity is driving this application presently;
• Net benefit to agriculture? What has been done for agriculture as a result of this development? The OCP strengthened the agriculture growth management designation in all master plans; This area is located within the neighbourhood growth management designation; 
• Is there an opportunity, when turning agriculture to residential, to use part of DCC's to promote agriculture? DCC's go to infrastructure; The City supports agriculture through - agricultural plan, AAC, wine trail, farm guide. 

Highlights of the discussion include:

• Consistent with the OCP and excluded from ALR;
• Other methods of farming available with poor methods of soil;
• Fire hazard is not a reason to develop;
• Lack of agriculture use on the property;
• Many options for farmers looking for land; Should promote farming before development;
• Limited for agricultural capability based on soil and topography - could be grazed, possibly greenhouses.

• It was moved and seconded

  Resolution No.

  THAT the Agricultural Advisory Committee recommend support for file Z 21-05 OCP and Zoning Amendment, 3636 McIver Road.

  CARRIED; Member Shankman opposed

8.3

Z 21-03; OCP and Zoning Amendment; Unaddressed Shannon View Drive

Agent owner applicants Harp Saran and Brent Murdoch attended via Teams 

Highlights of the presentation include:

Property Details

• Unaddressed Shannon View Drive;
• Located between two residential areas and golf course;
• Adjacent to P2 and A1 within the Agricultural Land Reserve across Shannon Lake Road;
• Significant historical site disturbance from previous land owners;
• Not in ALR or zoned Agricultural land but adjacent to land within ALR;
• Surrounding Land Uses:
  • North: P1 Shannon Woods Park & Golf Course/A1 agricultural parcels;
  • East: R1 single family residential/RC4 compact single detached residential;
  • West: P1 Shannon Lake Golf Course/R3 Low Density Multiple Family;
  • South: R1 single family residential/RU4 Rural Residential Large Parcel;

Historical Context

• Rezoned on October 5, 1992 by RDCO to allow Low Density Multiple Residential use;
• Other parts have been developed as a strata condominium site and nineteen single family residential lots off Shannon View Drive;
• Former Development Permit approved in 2011 for 49 townhouse units but it lapsed in 2013;
• Proposed application is first on file since that time;

Proposal

• OCP Amendment: Low Density Multiple Family to Tourist Commercial to facilitate the proposed development;
• Zoning Amendment: Low Density Multiple Family (R3) to a Comprehensive Development (CD) zone;
• Proposed destination resort spa and hotel with accessory uses focused on passive recreation, wellness and health services;
• Applicant provided technical design conceptual site drawings contain consideration for hillside, geotechnical and environmental constraints, limited site access and no build covenant areas;
• Excludes uses as motel or campsite;
• The CD zone would include: access road, administration building, bistro/restaurant, cabins, hotel buildings, silent spa, active spa, staff housing building, treatment rooms;
• Details refined through development process;
• Conceptual drawings provided;

Draft Comprehensive Development (CD) Zone

• Details of the CD zone will be refined as the CD zone progresses;
• Staff are working through the technical referral process before finalizing the draft zone;
• The proposed CD zone has smaller density than existing R3 and comparable C6 zone, reduced parcel coverage with comparable height and setbacks;

Policy and Bylaw Considerations

Official Community Plan

• Proposed Tourist Commercial designation is a deviation from the existing neighbourhood Growth Management Designation;
• Tourist Commercial policy encourages:
  • Creation of facilities and amenities for tourists for the local community along with tourists;
  • Generation of opportunities for employment for members of the community;
  • Consideration of environmental impacts;
  • Emphasis on high quality green building design and landscaping;
  • Buffering of abutting uses/service areas and inclusion of transit/pedestrian connectivity;

Development Permit Areas

• Subject to Hillside and Sensitive Terrestrial Ecosystem Development Permit;
• Also requires consideration of form and character DP to address form and character elements including: site configuration, grading, access, landscaping, building materials;
• U shape covenant in place to protect surrounding hillside;
• Architectural drawings have been provided for context - future DP would consider details not addressed through Zoning process;

Technical Consideration

• Technical documents provided with application and are under review: Geotechnical report, environmental assessment, functional servicing report and transportation review;
• Additional information provided for Council consideration with proposed bylaw amendments - no date has been set at this time;
• Application was supported by the Advisory Planning Commission;

Key Considerations

• Property is not within ALR but adjacent to ALR and Agricultural Zoned parcels;
• Proposed bylaw amendments challenge existing OCP policies;
• Consideration of Tourist Commercial land uses may be considered;
• CD zone can be tailored to address site specifics of proposed development;
• Applicants vision describes building as a high end resort;
• CD Zone tailored to address site specifics;
• Future DP process to address hillside and environmental mitigation and proposed covenant protection areas as well as form and character issues with proposed tourist commercial development.

Questions on the presentation:

• Application brought forward previously? Last application was 49 townhouse units;
• Has a Traffic Impact Analysis been done? Yes working through the review and revised documents;
• Wind or sun analysis done? Not done through development process;
• Opportunity for building to affect farm from wind/sun? Shadowing affect could have greater impact however previous site disturbance shaved off the top of the knoll. Buildings would replicate the portion of the knoll that was removed and shadowing of adjacent farm area is not anticipated given the physical distance between the areas;
• Will readers know that this property is adjacent to ALR? It was noted in the referral - golf course and other property are in the ALR;
• Has there been communication with the adjacent farmer? Applicant has completed consultation process with summary to be presented to Council. Not sure if the neighbour participated in this process. If application moves through first and second reading, notification and advertisements would be sent out for a Public Hearing, and the mail out notification would include the adjacent properties within 100 m of the subject property;
• Parking? Standard parking requirements have been proposed in accordance with the City's Zoning Bylaw, however a detailed parking review would be completed within the future Development Permit process, as applicable;

Highlights of the discussion include: 

• Traffic could be a potential impact on agricultural land;
• Sun is relevant to crops;
• Suggestion to consider use of Restrictive Covenant as a disclosure statement to protect farmer against noise and smell;
• Possible opportunity to use funds from developments to promote farming?;
• Problems arise that are foreseeable, honor the farmers opinion;
• Recommended consultation with adjacent farmer;
• Significant vertical and horizontal buffer distance from the farm.

• It was moved and seconded

  Resolution No.

  THAT the Agricultural Advisory Committee recommend support for file Z 21-03, OCP and Zoning Amendment, Unaddressed Shannon View Drive.

  CARRIED UNANIMOUSLY

9.

CORRESPONDENCE AND INFORMATION ITEMS

10.

OTHER BUSINESS

11.

ADJOURNMENT OF THE MEETING

The meeting adjourned at 6:06 p.m.