RE: Agricultural Land Commission Referral ? Non-Farm Use
Recommendation:
THAT the RDOS Board not ?authorise? the application to undertake a ?non-farm use? at 877 Road 8, Electoral Area ?C? to proceed to the Agricultural Land Commission.
Purpose: To allow?a full-service restaurant at Hester Creek Winery.
OCP: Agriculture (AG) Zone: Agriculture Two Site Specific (AG2s)
Proposed Development:
An application has been lodged with the Agricultural Land Commission (ALC) under Section 20(3) of the Agricultural Land Commission Act (the Act) in order to allow for a non-farm use within the Agricultural Land Reserve (ALR).
Specifically, the applicant is seeking ALC approval to expand the range of wine and spirits sold in the restaurant (?Terrafina?) operated at Hester Creek Winery in accordance with the ?terms of our Food Primary License issued by the LCLB.?
At present, the proponent is limited under the Agricultural Land Reserve Use, Subdivision and Procedure Regulation to serving only alcohol products produced on the premises.
Statutory Requirements:
Under Section 34 of the Agricultural Land Commission Act, the Regional District of Okanagan- Similkameen (RDOS) must ?review the application, and ? forward to the commission the application together with comments and recommendations?, unless Section 30(4) applies wherein the Board has the ability to refuse to ?authorise? an application.
In this instance, Section 30(4) is seen to apply as the property ?is zoned by bylaw to permit agricultural or farm use? and an amendment to the Zoning Bylaw will be required in order for this proposal to proceed.
Site Context:
The subject property is situated on the southern side of the terminus of Road No. 8? and represents a land area of approximately 34 hectares (ha), the majority of which is currently under agricultural production (i.e. vineyard).
There is currently an existing winery, restaurant and associated structures located towards the north-west corner of the property, a ten unit agri-tourism accommodation towards the south-west corner of the property and an accessory structure in the middle of the property.
Background:
Under the Electoral Area ?C? Zoning Bylaw No. 2453, 2008, the subject property is currently zoned Agriculture Two Site Specific (AG2s). The AG2 Zone permits ?agriculture? as a principal use and, amongst other things, ?wineries and cideries, including sales? as a secondary use.
The site specific zoning that applies to the subject property relates to an increase in floor area for all buildings associated with the retail, processing, packing and storage of farm produces from 1,500m2 to 2,361m2, and which was approved by the Board at its meeting of December 13, 2007.
At Section 4.0 (Definitions), ?winery? is defined as meaning ?an establishment involved in the manufacture, packaging, storing and sales of grape and fruit-based wines, including a wine bar and food & beverage service lounge [emphasis added].?
A ?lounge? is permitted in the ALR provided the interior lounge area does not exceed 125m2, the patio area does not exceed 125m2 and any alcohol products offered for sale are produced on the premises.
This is seen to be different from an ?eating and drinking establishment? which is not permitted in the AG2 Zone and is defined as meaning ?a development where prepared foods and beverages are offered for sale to the public for consumption within the premises or off the site ?? (i.e. alcohol products offered for sale need not be produced on the premises).
Under the Electoral Area ?C? Official Community Plan Bylaw No. 2452, 2008, the property is the subject of a Watercourse Development Permit (WDP) and Environmentally Sensitive Development Permit (ESDP) Area.
Analysis:
In considering this proposal, Administration notes that the intent behind allowing food and beverage service lounges to operate within the ALR is to assist wineries in the marketing of farm products produced on-site.
Winery lounges are further seen as being supportive of agriculture in that they encourage visitation, sales, and ultimately agricultural production and that food service helps develop links to local products and farmers, which further supports agriculture.
Approval to act upon Food Primary Licence, however, is seen as potentially diminishing the link between the agricultural operation and the retail outlet by allowing a restaurant to exist as an independent commercial entity.
Administration shares many of the concerns expressed by the ALC when it refused a similar application in Electoral Area ?C? that was submitted in 2010 by Burrowing Owl, including:
. the erosion of the agricultural land base due to larger structures and expanded parking; . impacts of more people, traffic, noise and trespass on adjacent farm operations (i.e. neighbour complaints); . complaints and conflicts with other types of agriculture that may not fit with the ?winery aesthetic?; and . pressure for other, non-farm related amenities (i.e. meeting facilities, hotels, spas, etc?).
It is also noted that the recent Zoning Bylaw amendments which resulted from the Electoral Area ?C? Agriculture Area Plan (AAP) specifically addressed the issue of lounges within the AG2 Zone and sought to clarify that these should be limited in scope and incidental to an existing agricultural operation. This was done through an update to the definition of a ?winery? in order that it would be consistent with the ALC regulations, and relisting ?wineries and cideries? as a permitted secondary use as opposed to principal use within the AG2 Zone.
Although the OCP does contain objectives and policy statements that seek to preserve and protect agricultural land while also supporting a strategy to diversify and enhance farm income by creating opportunities for uses secondary to and related to the agricultural use. The Plan also seeks to direct ?? general business commercial uses to existing town centres, which have the necessary infrastructure and support services?.
While it is acknowledged that there is unlikely to be an intensification of the existing lounge use at Hester Creek should this application be approved (i.e. increased seating/floor area or vehicle parking), Administration does not consider an ?eating and drinking establishment? to be consistent with the objectives for the Agricultural designation. Administration is concerned that such a use will diminish the nexus between the lounge and the agricultural operation, and did not support the recent application from Tinhorn Creek Winery being forwarded to the Commission on this basis.
Should the Board and ALC support this proposal, an amendment to the Zoning Bylaw will be required, and it is envisioned that this could be in the form of a site specific amendment permitting an ?eating and drinking establishment? as a permitted use.
RDOS document ? for Meeting January 24th
Source: http://oliverdailynews.com/hester-creek-estate-winery-seeks-permission/
kim zolciak travis pastrana quinton coples a.j. jenkins riley reiff david decastro aj jenkins
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