The SLRD is conducting a review of the current Electoral Area C Official Community Plan (OCP) and Zoning Bylaw. The Review is being conducted mainly to enhance agriculture, strengthen protections for agricultural uses in the Agricultural Land Reserve (ALR) and ensure that ALR land is used for farming.
3. What is an Official Community Plan (OCP)?
It is a policy document that states a community’s identity and includes
objectives, goals and priorities for its growth and vision
• It includes
valuable aspects of the community to be preserved
areas or land use issues it wants to improve
its desired approach to managing pressures for change
forecasts for change that affect land use control
• It guides all other policies and plans in the District
integrated with other community strategies and plans for transportation,
sustainability, waste management housing and recreation
• It contain statements, policies and maps to guide future staff and Board
land use decision-making for
the use of land
the review of new development proposals
the direction for regulatory policies such as zoning
and development
4. Contents of an Official Community Plan
Statements and map designations for:
• the location, amount, type and density of different types of land uses:
residential, commercial, industrial, institutional, agricultural, recreation, public
utilities, parks, waste treatment and disposal sites and sand and gravel
deposits
• where new development should go and what form should it take
Policies for:
• preserving, protecting, restoring and enhancing the natural environment,
ecosystems and biological diversity
• Identifying land that is subject to hazardous conditions or environmentally
sensitive to development and control its use;
• Targets for the reduction of greenhouse gas emissions and local government
policies and actions
• Location and phasing of any major road, sewer and water systems;
• Social well-being and social development;
• Housing policies including types of housing for current and future needs
needed for and affordable housing
• Maintaining and enhancing farming on land in a farming area
5. What is a Zoning Bylaw?
• Local government law to implement the OCP by regulating land use
• Must conform to Official Community Plan
• Can be amended
• Enforcement: fines for contravention, compliance order, denial or revoking of
building or occupancy permit
Purpose of a Zoning Bylaw
• Safety, Consistency, Certainty regarding what can/cannot occur on a lot
• Prevent or restrict building on perilous land (steep, marshy, flood plain, etc.)
• Keep uses or activity apart that do not work well together - Restrict use of land
• Ensuring orderly development and efficient use of infrastructure
• Establish or maintain community character and amenity
• Regulate the type of construction and the height, bulk, location, size, floor area,
spacing, character and use of buildings or structures
• Loading and parking facilities
• Signs – sometimes
• It is not a Building Code, a Noise, or Property Standards Regulation
6. Contents of a Zoning Bylaw
• Definitions
• Regulations for all areas – e.g. parking and loading standards by use or
type
• land use zones – agricultural, residential, industrial, mixed use, etc.
– Permitted uses, prohibited uses
– Maximum densities, floor areas, lot coverage, building heights,
landscaping requirements
– Minimum and maximum building setbacks
– Other performance standards
• exceptions
• maps that indicate where particular rules or standards apply
• Amending procedures
7. Why are we doing this and why now?
1. Better Agricultural and agriculture land policy
Ensure that local and regional land use policies and bylaws reflect and
support the vision and priorities in the Pemberton Valley Agricultural Area
Plan (PVAAP)
SLRD Board directions to staff
• October 28, 2015
develop OCP and Zoning Bylaw amendments to protect farming on lands
adjacent to farmland, and
regulate the size and siting of residential uses in the ALR
• July 22, 2015
implement the Pemberton Valley Agricultural Area Plan (PVAAP) as much as possible
2. They are old and need updating
Normal review after 5 to 10years
• OCP: 1999
• Zoning Bylaw: 2002
3. Ensure consistency in form and content among
SLRD OCPs and Zoning and Development Review
8. What is Staying the Same?
• Village of Pemberton and Indian Reserves excluded
• Most non-agricultural economic development policies retained
• No significant changes to land use or zoning area boundaries
• Regional policies in the Area C OCP
• Policies Common to all plans
– Strong Biodiversity and Natural Environment policies
– Resource Management Lands policies
– Watershed Protection policies
– Transportation policies
• Direct most non-farm employment and business uses to Pemberton
• Direct most social service and community uses to Pemberton
• Permit Utilities everywhere
9. Old Wine in New Bottles – Format Changes, Re-
wording, Re-structuring
Clearer OCP distinction between general policies and land use policies
• better guidance for zoning and development review processes
Consolidation of Zones
• 5 Tourist Commercial Zones reduced to 2
• rationalization and renaming of Rural zones to Rural Residential Zones
• clarification of bed and breakfast polices – must be operated by occupant
Policies Common to all plans reformatted to be consistent with other SLRD
Plans and Bylaws
• Strong biodiversity and Natural Environment policies
• Resource Management Lands polices
• Watershed Protection policies
• Transportation policies
Mt Currie Commercial Area guidelines become a Development Permit Area
Convert Land Use Contracts to Zoning
10. New Proposals
• Stronger policies to support agriculture and keep agricultural
land in production
• Integrate Pemberton Valley Agricultural Area Plan (PVAAP) into
Planning policies and regulations
• Create Separate Development Permit Section and improved
development guidelines, including for near farm areas
• Stronger policy for mobile home parks as affordable housing
• Require short term accommodations (BnB, AirBnB) to be
operated by occupant
11. Protect Rural Character and Farm Cultural Landscape
OCP Policies proposed
• Protect the appearance and character of the rural and agricultural
landscape
• Direct high density and multifamily development to municipalities and
existing resort areas
• Development encouraged to to retain and maximize the viewscapes
• Identify, protect and conserve important cultural heritage resources,
including archaeological resources and cultural heritage landscapes
• Identify cultural heritage landscapes, where the arrangement of
buildings, structures, rights-of-way, vegetation and open space
represents distinctive cultural processes in the historical use of land
• Prevent negative “visual impact” from development Ensure that new
development in the rural area maintains the rural character of the
area and supports a functioning working landscape
12. Proposals for Consistent Thorough and Evidence-
based Decision-Making Criteria in Agricultural Areas
Apply the ALC criteria for making decisions, recommendations
and OCPs, Zoning Bylaws and Development Permit Area
guidelines
• Agricultural potential of subject & adjacent parcels
• Agriculture capability rating (CL)
• Agricultural suitability & current land / agricultural use
• Does proposal benefit / support / restrict farming?
• Impact on existing or potential farm uses
• Good and bad precedents or examples?
• Regional & community planning objectives
• Alternate location outside ALR
• Local government & AAC recommendations
13. Proposed Agriculture Land Policy decision making criteria
Require the following criteria and considerations to be used when setting policies for
land use and for reviewing applications for land use changes and development in
agricultural areas
• Recognize the important role of the ALR in preserving land for agricultural use
• Protect and preserve farm land and soil having agricultural capability
• Encourage and support the appropriate utilization of land for agricultural purposes
• Does it support food production and a strong, profitable agriculture sector?
• The intrusion of residential development and into agricultural areas is a potential
problem that should be guarded against
• Discourage the presence of other non-farm uses in agricultural areas
• The impact of non-farm development in or adjacent to agricultural areas is s a
potential problem that will be guarded against
• All accessory or ancillary uses are supplementary and secondary to agricultural
activity and must be linked to the primary agricultural activity of the farm
• Special events and agritourism and commercial businesses (with the exception of
home occupations) must be linked to an agricultural activity on the farm unless
specifically permitted in the ALR
• Require Agricultural Impact Assessment for non-farm use applications, prepared
by qualified and licensed professional such as an agrologist
• Does it contribute to food security?
14. Farm Residential Footprint or “Home Plate”
SLRD Board July 22, 2015 resolved:
THAT with respect to commercial events in the Pemberton
Valley, SLRD staff to review the District of Kent’s
regimes/processes with respect to agriculture (i.e. “home
plate” considerations) for their applicability to the SLRD.
Recommended by Ministry of Agriculture and
Agricultural Land Commission
Adopted in Area D – consistency
Over 75% already comply in Pemberton Valley
15. Proposed Farm Residential Footprint or “Home Plate”
General Requirements
1. All residential and non-farm uses must be
located within the farm residential footprint
area.
2. No non-agricultural or non-farm use outside
the farm residential footprint.
Siting Requirements
3. Maximum area 2,000 m2.
4. Up to 2,500 m2A with containing an
approved farm employee residence.
5. The maximum depth for a farm residential
footprint is 85 m, measured from the road
6. One boundary must be located at a property
line fronting on a road from which vehicular
access is obtained.
7. The rear building face of must not be less
than 10 m from the rear of the farm
residential footprint.
16. Increase Minimum Parcel Size in Agricultural Areas
The existing 2 hectare minimum
parcel size protects 3% of
agricultural land from further
subdivision – Pemberton Meadows
The proposed 40 hectare minimum
parcel size protects 75% of
agricultural land from further
subdivision – Pemberton Meadows
17. Proposed Minimum Parcel Size in Agricultural Areas
The existing 2 hectare minimum
parcel size protects 3% of
agricultural land from further
subdivision – Pemberton Meadows
0%
3%
Protected
5%
10%
19%
41%
22%
Total Area by Parcel Size
0-2ha
2-4ha
4-10ha
10-20ha
20-40ha
40-80ha
80+ha
The proposed 40 hectare minimum
parcel size protects 75% of
agricultural land from further
subdivision – Pemberton Meadows
37%
41%
22%
Unprotected
Total Area by Parcel Size
0-40ha
40-80ha
80+ ha
18. “Gathering for an Event”
July 2016: ALC Regulations amended to define and permit new use: a “gathering for an event”.
Definition of “gathering for an event”
(i) a wedding, unless paragraph (iii)(2) applies,
(ii) a music festival, or
(iii) an event, other than
(1) an event held for the purpose of agritourism, or
(2) the celebration, by residents of the farm and those persons whom they
invite, of a family event for which no fee or other charge is payable in
connection with the event by invitees.
Conditions for a “gathering for an event” must be met:
(i) the farm must be located on land classified as a farm under the Assessment Act;
(ii) permanent facilities must not be constructed or erected in connection with the event;
(iii) parking for those attending the event must be available on the farm, but must not be
permanent nor interfere with the farm's agricultural productivity;
(iv) no more than 150 people attending the event;
(v) maximum 24 hours duration;
(vi) maximum of 10 gatherings for an event on the farm within a single calendar year.”
Proposal
Amend the Zoning Bylaw to incorporate revised Regulations.
19. Housekeeping
• Clearer, more consistent definitions
• Consolidation of existing Zoning amendments into the Zoning Bylaw
• Delete policies that have been implemented
• Delete polices re: Olympic development
• Zone Boundary clean up and simplification
• Delete unused non-conforming use permissions in zoning
• Delete unused OCP designations and zones
– Industrial OCP designation
– Independent Power Project Zone – no local government jurisdiction
– Special Planning Area – entire area transferred to Village of Pemberton
• OCP statements acknowledging Conformity with ALR Regulations, the
Local Government Act and Regional Growth Strategy
20. Land Use Contracts
Provincial legislation requires:
• Terminate all Land Use Contracts by 2024
• Replace with zoning by 2022
3 Recreational Communities Land Use Contracts
• McGillivray Falls
• Ponderosa Estates
• Birkenhead Lake Estates
Proposal
• Transform land use controls and site plans to a Community plan zone for
each
• Leave Land Use Contracts in place until they expire in 2024
Edwards Kia Ora Court (Mobile home park)
Proposal
• designate and zone as mobile home park
• retain Mobile Home Park Bylaw as a community plan
4D Ranch (permits 3 houses and a planer mill on ALR land in use in Ag zone)
Proposal
• Retain permission in a site specific by law exception
• delete Land Use Contract
22. What Happens Next?
• A first draft of the proposed Electoral Area C OCP and Zoning Bylaw is
intended to be presented to the SLRD Board at their March 2017 meeting
• Once the SLRD Board has given the proposed Plan and zoning bylaw first
reading, a copy will be posted on the SLRD website for public comment
and referred to other governments and agencies for their comments
• As an initial estimate, the public hearing might occur in May 2017
• More information and updates on the project, including staff reports and
bylaws will be posted on the Area C OCP and Zoning Review project page
here:
http://www.slrd.bc.ca/inside-slrd/current-projects-initiatives/area-c-ocp-
zoning-pemberton-valley-agricultural-area-plan-implementation