A. CALL TO ORDER B. STATEMENT OF THE CHAIR C. BYLAWS D. ADJOURNMENT

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1 TOWN OF OLIVER Public Hearing Meeting Agenda October 10, 2017, at 7:00 PM Council Chambers Page A. CALL TO ORDER B. STATEMENT OF THE CHAIR C. BYLAWS 1. Zoning Amendment Bylaw 365 Zinfandel Avenue - Contract Planners report attached Zoning Amendment Bylaw 365 Zinfandel Avenue - Pdf 2-9 D. ADJOURNMENT 1. Adjourn

2 REGULAR OPEN COUNCIL REPORT Development Services Department For the October 10, 2017 Council Meeting DATE: October 10, 2017 File No. Z TO: FROM: RE: Mayor and Council Christopher Garrish (Contract Planner) Zoning Amendment Bylaw 365 Zinfandel Avenue RATIONALE: This application is seeking to allow for the development of a small-scale winery use in an accessory building on the property at 365 Zinfandel Avenue (Lot 2, Plan KAP3044, District Lot 2450S, SDYD) and which will have a maximum floor area not exceeding 250 m2 (which includes the storage of materials, commodities or finished products). In order to allow for this, it is being proposed to amend the zoning of the property from Agriculture Transition (AGX) to Agriculture Transition Site Specific (AGXs), with the site specific regulation allowing for a home industry use to occur on a parcel less than 2.0 ha in area and to include a winery provide the use is conducted within an accessory building and does not exceed 250 m2 in floor area. In support of the rezoning, the applicant has stated that Red Horse Vineyard is a small family owned operation [that] currently produces 9 tons of Cabernet Sauvignon from 3 acres, selling all of its grapes to other local wineries The vineyard is expanding to 3.5 acres [and] we would like to build a winery and process the grapes ourselves. We are foregoing an enormous financial opportunity by selling our grapes to local wineries instead of making wine with them. Establishing a winery will allow Red Horses Vineyard to capitalize on this financial opportunity by allowing us to make all our grapes into wine. OPTIONS: 1. Council may choose to support the recommendation. 2. Council may choose to refer back to staff for additional information. 3. Council may choose not to support the recommendation. Page 2 of 9

3 RECOMMENDATION: THAT Zoning Amendment Bylaw be read a third time and adopted. RECOMMENDATION IMPLICATIONS: In considering this proposal, staff note that an objective of the Agriculture Transition (AGX) Zone is to encourage the re-development of parcels that have historically been used for agricultural purposes but are no longer within the Agricultural Land Reserve (ALR) and have been designated for other land uses (i.e. residential) under the Official Community Plan (OCP) Bylaw. This is primarily achieved by restricting the range of farm uses and subdivision potential that may occur in this zone so that re-development to a residential use is encouraged. Accordingly, staff are concerned that a proposal to establish a winery use on the subject property, while consistent with the historical and on-going use this land for agricultural purposes runs counter to the strategic land use direction that the Town has been pursuing in relation to the Tuc-el-Nuit Neighbourhood for the past 20- years. Namely, that the agricultural use of these properties give way to their residential re-development. Staff are concerned that a winery could forestall the re-development of this property by years, if not decades as it would create a value-adding agricultural use incentivizing the current and potentially future owners to continue to farm the land. The implications of this for meeting the Town s residential growth projections under the current OCP could be the removal of between Low Density Residential (LR) parcels. That said, staff recognise that the OCP considers there to be sufficient land already zoned to meet the growth needs of the community over the next 20 years and that the retention of the subject property as a 1.0 ha agricultural parcel would not detrimentally affect the supply of residential lots. Staff also recognise that the applicant is proposing to accommodate the proposed winery within existing accessory structures (i.e. no new farm buildings with be constructed), and that by limiting it to a home industry (which also limits the number of employees to 2 nonresidents) with a floor area not to exceed 250 m2, the use should remain small-scale. Finally, staff appreciate the symbolic nature of an application seeking to establish a small-scale winery within the Wine Capital of Canada, and that this proposal will create economic opportunities within the community. Page 3 of 9

4 While the applicant has offered to provide ten (10) vehicle parking spaces, the requirements of the Zoning Bylaw are seen to be for three (3) spaces. However, the applicant will be required to ensure that access to these parking spaces complies with the requirements of the Zoning Bylaw. Specifically, that vehicles can safely access and egress the property onto Meadows Drive (i.e. this may require the removal of some vines in order to provide sufficient driveway aisle width and safe site distances). General: Organizational: Financial: Legal/Statutory Authority: Strategic Plan: BACKGROUND: Site Context: The subject property is approximately 1.14 ha in area and is situated at the south-east corner of the intersection of Zinfandel Road and Meadows Drive and was created by a plan of subdivision approved under the Land Registry Act on March 7, Development is seen to be comprised of a single detached dwelling and two accessory buildings with the remainder of the property under agricultural production (i.e. vineyard). The surrounding pattern of development is largely characterised by similar agricultural operations to the north and west and residential development to the east and south. Regulatory Provisions: Under the Town s Official Community Plan Bylaw 1370, the subject property is designated as Low Density Residential (LR) and is shown on Schedule E (Transportation Network Map) as forming part of a Proposed Major Collector road linking Meadows Drive and Bulrush Road. Under the Town Zoning Bylaw 1350, the zoning of the subject property is Agriculture Transition (AGX), the intent of which is to provide a zone for parcels that have historically been zoned agriculture, but which are no longer within the Agricultural Land Reserve (ALR) and have been designated for other, non-farm uses under the Official Community Plan. Page 4 of 9

5 Consequently, the range of permitted principal uses are limited to agriculture (including sales) and single detached dwellings, while permitted accessory uses include secondary suite, home occupation and bed and breakfast. The bylaw otherwise defines winery and home industry and limits these to the Agriculture (AG) Zone, and further imposes a minimum parcel size requirement of 2.0 ha for home industry uses under Section Zoning History: The AGX zoning is a result of a previous agreement between the Town of Oliver and the Agricultural Land Commission (ALC) to see a block of land comprising the Tuc-el-Nuit Neighbourhood excluded from the Agricultural Land Reserve (ALR) in the late 1990s. Rather than introduce residential zoning to this area, the Town took the approach of waiting for individual property owners to apply for a rezoning agriculture to residential. The subject property, along with three other surrounding parcels, are the last agriculturally zoned properties in the Tuc-el-Nuit Neighbourhood. REFERRALS: Approval from the Ministry of Transportation and Infrastructure (MoTI) is not required prior to adoption of Amendment Bylaw as the proposal is beyond 800 metres of a controlled area (i.e. Highway 97). Referral comments have been received from various Town Department s the Interior Health Authority (IHA) and FortisBC and are included as items in the Council Agenda. COUNCIL REPORT/RESOLUTION HISTORY: At its special meeting of September 18, 2017, Council resolved to approve first and second reading of the Amendment Bylaw and the scheduling of a public hearing for October 10, A Public Hearing, in accordance with Section 464 of the Local Government Act, is scheduled to occur ahead of the Regular Council Meeting on October 10, CAO COMMENTS: I concur with the recommendation of the Planner. Page 5 of 9

6 Respectfully Submitted: Chris Garrish Contract Planner Approved By: Department: Status: Cathy Cowan, Chief Administrative Officer Administration Approved - 05 Oct 2017 Page 6 of 9

7 TOWN OF OLIVER BYLAW A Bylaw to Amend Zoning Bylaw 1350 The Council of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1. This bylaw may be cited for all purposes as Zoning Amendment Bylaw The Zoning Bylaw Map, being Schedule B of the Town of Oliver Zoning Bylaw No is amended by changing the land use designation on the parcel described as Lot 2, Plan KAP3044, District Lot 2450S, SDYD, and shown shaded yellow on Schedule B, which forms part of this Bylaw, from Agriculture Transition (AGX) to Agriculture Transition Site Specific (AGXs). 3. The Town of Oliver Zoning Bylaw 1350 is amended by replacing Section (a) under Section 10.2 (Agriculture Transition Zone) with the following: a) in the case of land described as Lot 2, Plan KAP3044, District Lot 2450S, SDYD, (365 Zinfandel Avenue), and shown shaded yellow on Figure (a): i) the following accessory use shall be permitted on the land in addition to the permitted uses listed in Section : ii).1 home industry, subject to Section despite Section 6.11, a home industry shall:.1 be permitted on a parcel less than 2.0 hectares in size;.2 be carried on in an accessory building or structure;.3 not occupy a gross floor area greater than 250 m 2, including storage of materials, commodities or finished products associated with the home industry;.4 be limited to the processing of agriculture products, including food and beverage processing and winery. Page 7 of 9

8 Zoning Amendment Bylaw No Page 2 Agriculture Transition Site Specific (AGXs) (YELLOW SHADED AREA) N Figure (a) Read a first and second time on the 18 th day of September, Public hearing held on the 10 th day of October, Read a third time on the day of, Adopted on the day of, Mayor Corporate Officer Page 8 of 9

9 Zoning Amendment Bylaw No Page 3 Schedule A Amend Zoning Bylaw 1350: from: Agriculture Transition (AGX) to: Agriculture Transition Site Specific (AGXs) (YELLOW SHADED AREA) N ITEM C Page 9 of 9