APC REPORT

TO: FROM: APC 'B' Dan Passmore Senior Planner File No: Date: LC 2487 B September 25, 2013

SUBJECT:

Agricultural Land Commission (ALC) application Section 21(2) Subdivision within the ALR Regency Consultants (Mr. Bob Holtby) 1. Legal Subdivision 4, Section 3, Township 24, Range 1, W6M, Kootenay District, Except Parts included in R/W Plans 633A and 15088 and Plan NEP22512; 2. That Part of Legal Subdivision 3, Section 3, Township 24, Range 1, W6M, Kootenay District, Which lies west of a line parallel to and 5 chains distant from the westerly boundary, Excpet parts included in R/W Plans 633A and 15088; 3. Block A, Section 3, Township 24, Range 1, W6M, Kootenay District, Except Part included in Plans 15088 and NEP22512; 4. That Part of the SE , Section 4, Township 24, Range 1, W6M, Kootenay District Which lies to the South of the left bank of the Illecillewaet River, Except (1) Part included in R/W DD12340, (2) Part included in R/W Plan 633A, and (3) Part included in Plans 15089 and NEP22512; 5. That Part of Fractional Legal Subdivision 14, Section 33, Township 23, Range 1, W6M, Kootenay District, Which lies south of the left bank of the Illicillewaet River, Except Parts included in R/W Plans 633A and R/W 35; and, 6. Legal Subdivision 15, Section 33, Township 23, Range 1, W6M, Kootenay District, Except Parts included in R/W Plans 633A and R/W 35.

SHORT SUMMARY: The owner of the subject properties would like to subdivide portions of the subject properties into 21 proposed new lots of around 1.0 ha or more. BACKGROUND: PROPERTY OWNERS: ELECTORAL AREA: CIVIC ADDRESS: Illicilliwaet Development Inc., Inc. No. BC0825174 'B' Greely Road

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APC Report LEGAL DESCRIPTIONS:

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1. Legal Subdivision 4, Section 3, Township 24, Range 1, W6M, Kootenay District, Except Parts included in R/W Plans 633A and 15088 and Plan NEP22512 (PID: 016-775-988); 2. That Part of Legal Subdivision 3, Section 3, Township 24, Range 1, W6M, Kootenay District, Which lies west of a line parallel to and 5 chains distant from the westerly boundary, Excpet parts included in R/W Plans 633A and 15088 (PID: 016-777-751); 3. Block A, Section 3, Township 24, Range 1, W6M, Kootenay District, Except Part included in Plans 15088 and NEP22512 (PID: 018-834-434); 4. That Part of the SE , Section 4, Township 24, Range 1, W6M, Kootenay District Which lies to the South of the left bank of the Illecillewaet River, Except (1) Part included in R/W DD12340, (2) Part included in R/W Plan 633A, and (3) Part included in Plans 15089 and NEP22512 (PID: 018-522-475); 5. That Part of Fractional Legal Subdivision 14, Section 33, Township 23, Range 1, W6M, Kootenay District, Which lies south of the left bank of the Illicillewaet River, Except Parts included in R/W Plans 633A and R/W 35 (PID: 016-777-883); and, 6. Legal Subdivision 15, Section 33, Township 23, Range 1, W6M, Kootenay District, Except Parts included in R/W Plans 633A and R/W 35 (PID: 016-777-891). SIZE OF PROPERTY: 1. 14.55 ha. (35.94 ac.) 2. 3.58 ha. (8.85 ac.) 3. 22.72 ha. (56.15 ac.) 4. 16.08 ha. (39.73 ac.) 5. 12.15 ha. (30.02 ac.) 6. 15.91 ha. (39.31 ac.) Total Area = 84.99 ha. (210.01 ac.) SURROUNDING LAND USE PATTERN: North: South: East: West: CURRENT USE: PROPOSED USE: CP Rail Tracks, Illicilliwaet River, TCH Mountain Hobby Farms Illicilliwaet River

Vacant Residential Land/Former Pasture/Residence Comprehensive Resort Commercial Development

CURRENT DESIGNATION: RR Rural Resource PROPOSED DESIGNATION: RC Resort Commercial/RR Rural Residential CURRENT ZONING: PROPOSED ZONING: R Rural CD Comprehensive Development Zone/RR1 - Rural Residential (1.0 ha.) Zone

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APC Report SITE COMMENTS:

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The subject properties are located approximately 8 km west of the City of Revelstoke and just north of the Revelstoke Mountain Resort. The properties are south of the Trans Canada Highway and the Illicillewaet River. The CPR main line running east/west bisects the properties. The properties are accessed from the Trans Canada Highway by Greely Road, which crosses the river. Leoffer Road intersects with Greely Road just south of the bridge and runs south from this intersection into and through the property crossing over the CPR mailn line and provides access to the existing residence. The properties are in the bottom of a narrow valley between large mountains, but the properties themselves are relatively flat with a mild slope to the south where the topography dramatically steepens. Soils Capability: Canada Land Inventory Soil mapping indicates that approximately 70% of the subject property has 40% Class 5 with excess stoniness and soil moisture deficiencies as the major and minor limiting factors, respectively, 20% is Class 7 with inundation and excess water as the major and minor limiting factors and 40% is Class 4 with the limiting factor being soil moisture deficiencies.

4 M

2 W

5 P7I4 M

4 M

2 W

4 Only the last category is improveable to class 3 with irrigation.

5 P7I3 M

7 P 7 P

3 M 3

7 T5P

30% of the subject property in the southern portion are 70% Class 7 with topography and stoniness as the major and minor limiting factors, respectively, and 30% is Class 5 with stoniness and soil moisture deficiencies as major and minor limiting factors. The soils do not appear to be improvable.

7 T5P
M

History: There have been 4 ALC applications made in the area. See ALR/History Map.

1281 ALC Resoltuion #5163/76 allowed subdivision into 4 equal size lots (22 ac.) 1282 ALC Resolution #5164/76 allowed subdivision into 3 10 ac. Lots. 1844 ALC Resolution #2084/82 allowed subdivision into 3 lots of 12 ha., 11.05 ha. And 2.8 ha. 2228 ALC Resolution #488/98 allowed subdivision into 2 lots along the CPR railway tracks. 1 lot of 6.8 ha. North of the tracks and 9.4 ha south of the tracks. Page 3 of 7

APC Report POLICY:

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Electoral Area B Official Community Plan Agriculture Objectives and Policies The Community Context portion of Section 10 Agriculture discusses the limitations to agriculture in the area around Revelstoke, but indicates that there has been a history of agriculture in the river valleys. Objectives for Agriculture include; 10.2.1 To support the preservation of the agricultural land base where lands have continuing value for agriculture. Policies for Agriculture include; 10.3.1 The Regional District supports the preservation, maintenance and enhancement of lands for agricultural use within the Agricultural Land Reserve. Electoral Area B Official Community Plan East Revelstoke Context General context statements include: The East Revelstoke area, including Canyon Hot Springs and Greeley, includes a small developed area of highway commercial uses and the Canyon Hot Springs resort development. There are also a few private properties and small farms. Some of the lands are in the ALR. This area contains two National Parks and is not an area specified for significant future growth. Any future development pressures must carefully consider environmental issues, particularly in relation to the National Parks. Electoral Area B Official Community Plan Current Rural Resource Designation The subject properties are currently designated as Rural Resource. This designation includes the following objectives; 3.2.3 Plan for and protect wildlife corridors, habitat of threatened and endangered species and ecosystem connectivity in advance of expansion of settlement areas or tenures. 3.2.6 Support efforts to protect the natural values of the river valley ecosystems, particularly in floodplain or reservoir water management areas, managing recreation use where there is potential for conflict between recreation and environmental values. Additionally, the following Policies apply to this designation; 3.3.4 Limit development activity and human access within designated community watersheds. Public roads and settlement uses are not encouraged. Management of crown tenures should include provisions to restore the site to natural condition and watershed flow levels. 3.3.7 Develop a zone for resort or intensive recreation uses on Crown Land and require rezoning approval for new resort or intensive recreation uses. This process will provide an opportunity for public input and a comprehensive review of the proposal including: environmental impact (sensitive and hazardous areas), servicing (water, sewer, roads, power generation, waste disposal) and other relevant issues. 3.3.12 For subdivisions within or adjacent to Rural Resource areas, provide for: routes to access forest roads; backcountry trail parking areas; and, controlled access facilities (gates, signage etc.) where such access does not conflict with resource tenures such as water reservoirs, watersheds, mining and timber harvesting. 3.3.14 Backcountry recreation activity is supported subject to the policies and guidelines of the Ministry of Forests & Range Land Management Plan and a local public consultation process. The Regional District recognizes the multi-agency nature of backcountry recreation Page 4 of 7

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management and commits to participating cooperatively in the development of inter-agency background strategies. Recognizing that Area B contains areas where backcountry recreation may impact wilderness management objectives, the CSRD supports using a comprehensive strategy to evaluate new backcountry wilderness recreation activities. The strategy should include the following: a. Recognition of three broad policy tools:

prohibitive activity not allowed in specific areas or during specific periods of the year. limits on inputs activity allowed but quotas applied to the number of users and their activities. limits on outcomes activity allowed within the context of activity-specific evaluation of backcountry recreation guidelines.

b. Evaluation Components:
i. Issue themes to be considered.

degradation of the soil, air and water quality. integrity of vegetation communities. direct disturbance of wildlife. integrity of fisheries resource. special management related to species of concern.

ii. Achieves desired results with respect to wildlife and their habitats. iii. Desired behaviours that outline the practices of users that are most likely to
achieve desired conditions.

iv. Indicators that measure whether a desired condition is being achieved. v. Limits that set upper and lower targets for indicators.
3.3.17 Recognize uses associated with Revelstoke Mountain Resort (RMR) within CSRD boundaries in the South Revelstoke Area. Electoral Area B Official Community Plan East Revelstoke Residential Policies 4.4.25 Recognizing the rural nature of this area and the presence of ALR designations, this area will not be an area specified for significant future growth. Electoral Area B Official Community Plan Proposed Resort Commercial Designation Policies under the Resort Commercial designate include the following;

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APC Report

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5.3.9 Resort Commercial uses may be considered throughout the plan area and should meet the following criteria:

a. accessible to adequate transportation routes; b. capable of being serviced with municipal, private or public utilities; c. capable of being sufficiently buffered from adjacent non-compatible land uses to ensure the
quality of life (e.g. character and integrity of quiet rural residential area) of those and adjacent occupiers;

d. accessible to community services, recreation and open space; e. cognizant of, and addressing special site features such as mature vegetation, landscaping,
topography, adjacent development, environmental sensitive habitat and wildlife corridors, and view sheds; and

f. all parking requirements, as specified in the zoning bylaw shall be provided on site. g. may include primary and accessory residential uses in conjunction with the Resort
Commercial use. 5.3.10 New Resort Commercial Developments should consult and implement strategies from the Best Practices Guide for Resort Developments in British Columbia, September 2005, Province of British Columbia. It should be noted that all Commercial developments within the OCP have been designated as Development Permit Areas. Electoral Area B Official Community Plan Environmental Management 11.3.6 Applications for new land use designations shall be accompanied by a detailed Environmental Review of environmentally sensitive and hazardous areas such as watercourses, sensitive habitat areas, wildlife corridors, flood plains and steep slopes. The environmental review shall include recommendations on the management of sensitive conditions. The Regional District may implement recommended environmental management practices through such mechanisms as;

a. The establishment of an Environmental Reserve designation where development on private

lands in sensitive areas is protected from adverse development. Passive uses, with minimal impact on the applicable area would be supported within the Environmental Reserve designation. Developments acceptable in the reserve area would include trails, interpretive signs, benches and other similar types of passive recreation, conservation or environmental protection and management purpose or represent some other public benefit to the community that would not compromise the environmental sensitivity of the area.

b. The use of Conservation Agreements with the Regional District as a party to the agreement, to
protect sensitive areas and implement conditions and recommendations of the environmental review conducted as part of the required development approval information as identified in Section 1.5.3.

c. A conservation zone or Environmental Reserve designation may be assigned to land

covenanted or deeded against further development or use, including common property in Page 6 of 7

APC Report strata title subdivisions.

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d. Owners entering into Conservation Agreements and placing voluntary conservation

covenants on their land shall not be deprived of the privilege to enjoy land as their own but they may not close, fence or otherwise obstruct any adjoining public route of access. Developments acceptable in the covenanted area could include trails, interpretive signs, benches and other similar types of passive recreation, conservation or environmental protection and management purpose or represent some other public benefit to the community and not compromise the environmental sensitivity of the area. Rural Revelstoke Land Use Bylaw No. 2200 R - Rural Zone The permitted uses of the R - Rural Zone are agriculture; guest ranch; silviculture, wood harvesting; mining, gravel extraction and mineral exploration; trapping, hunting and fishing camps; aquaculture; kennel; airfield, airstrip; golf course; public utility; single family dwelling; home occupation; accessory use; and public use. Two single family dwellings are permitted per parcel and the minimum area of parcels to be created through subdivision is 60.0 ha. Rural Revelstoke Land Use Bylaw No. 2000 - Rezoning The applicant is required to rezone the portion of the subject properties proposed to be subdivided to allow for the proposed lot sizes for the new lots. At this time, a RR1- Rural Residential (1.0 ha.) Zone would be required for the single family dwelling lots proposed along the River. SUMMARY: The owner of the subject properties would like to subdivide portions of them into a 21 lot subdivision.

LIST NAME OF REPORT(S) / DOCUMENT(S): 1. Maps: General Location, Zoning 2. Site Plan 3. Photos 4. Consultants Report on the Application Attached to APC Report: Attached to APC Report: Attached to APC Report: Attached to APC Report: Available from Staff: Available from Staff: Available from Staff: Available from Staff:

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Location (1:10,000)

Subject Properties

Location (1:7,500)

Subject Properties

Proposed Partial Site Plan

Table 2

Soil Capability Map

ALR History

Consultants Report

Consultants Report (contd.)

Consultants Report (contd.)

Consultants Report (contd.)

Consultants Report (contd.)

Consultants Report (contd.)

Consultants Report (contd.)

Consultants Report (contd.)