RFD: Non-Farm Use in the Squamish Valley

[public document]

Meeting Date: May 22, 2019

To: SLRD Board of Directors

Owner: Ali Abolfathi

Applicant/Agent: Don Vanderhorst

Location: 12957 Squamish Valley Rd

Legal description: District Lot 994, Group 1, NWD, PID 004-942-191

OCP Designation:

Agriculture

Zoning:

Agriculture 1

ALR Status:

Yes

DP Area:

Riparian Protection

Comprehensive

Wildfire Protection

RECOMMENDATION:

THAT the Board rescind the following resolutions made on June 27, 2018:

THAT the SLRD convene the following meetings regarding the ALC Non-Farm Use Application from the Squamish Valley Campground:

• a public information meeting for residents of the Upper Squamish Valley; and

• a meeting with participants of the ongoing Area D/District of Squamish Agricultural Inventory project and stakeholders of the proposed Area D/District of Squamish Agricultural Plan (such as the Ministry of Agriculture, Squamish Food Council and District of Squamish)

THAT the applicant be requested to provide information regarding the anticipated use of the newly available farmland if this application were to be granted (i.e. will it be farmed by the applicant, leased for farming by others, etc.).

REQUEST:

The Board to determine whether to support or deny the non-farm use application regarding a campground in the Agricultural Land Reserve on a property in the Upper Squamish Valley in Electoral Area D.

BACKGROUND:

In 2004, Ali Abolfathi was granted permission from the Agricultural Land Commission to allow a 50 unit campground. At that time and until the year 2012, the parcel was not zoned, thus campground use would have been allowed from a zoning perspective. One of the conditions outlined in the non-farm use permission was to situate the campground in the manner shown on the associated site plan, in the North-East portion of the property, right along Squamish Valley Road (Appendix A). The applicant indicates that after discussions and site visits with the ALC staff, it was determined that the campground can be relocated to the North-West portion of the property, closer to the Squamish River and further away from the road and other properties. The applicant also states that the existing RV campground in the North-West portion of the property has been used consistently every season since its inception. In 2017, it was discovered that the ALC has not given formal approval to the North-West location of the campground, which resulted in the property owner being advised by the ALC to reapply for a non-farm use for the new campground location.

On April 24, 2018 the SLRD received a non-farm use application to bring the existing 16 space RV campground in the North-West side of the property into compliance, as well as to request additional permission to construct 18 cabins without a permanent foundation. After reviewing this application, the SLRD staff requested the following:

• Information on layout and dimension of the RV campsites, associated facilities for water, wastewater, and any septic systems if present.

• Information on any proposed hard surfaces, land alteration, or fill for the purposes of the RV campground or the cabins.

• Riparian Assessment by a Qualified Environmental Professional to determine Streamside Protection and Enhancement Area (SPEA) and any other recommendations in regards to proximity to the Squamish River.

• Natural Hazards report to determine potential for soil erosion and flood construction level.

• Remediation plan on how to bring the land back into state capable of agricultural production.

A link to the staff report brought in June 2018 can be found here

In March, 2019, the applicant has submitted a Riparian Assessment completed by Hatfield Consultants, a Natural Hazards Assessment completed by Stirling Geoscience, and additional information on facilities and landscaping as previously requested by the SLRD staff. In summary, the reports indicated that the proposed RV campground and cabin area is safe for the proposed use both from the point of view of preserving agricultural land, and from the perspective of safety for potential users, given certain recommendations are followed.

The Riparian Area Assessment letter suggests the following:

• Engage with the SLRD regarding the prospect of a relaxed SPEA given the findings and professional opinion presented in the Riparian Area Assessment letter that the RV sites and future cabins will not result in impact to fish habitat as long as the area within 30 meters of the bank remains undisturbed, with an additional recommended 3 meter buffer for mature trees within the 30 m SPEA.

(Note that a full Riparian Area Regulation report prepared by a Qualified Environmental Professional (QEP) will need to be provided in the future).

The Natural Hazards report recommends the following key measures:

• No permanent building or structures, including electrical, sewage, or potable water infrastructure at the existing or proposed campsites.

• Existing vegetation along the channel should not be removed, trimmed, or modified, except for hazard trees if identified by a professional arborist.

• Tents, automobiles, and recreational vehicles should be located at least 5 m from the top of bank along the ox-bow channel and 10 m from the top of the bank of the mainstream channel. These features can be moved within hours of notice without any specialized equipment.

• Proposed non-permanent cabins and recreational vehicles without wheels should be located at least 10 m from the top of the bank along the ox-bow channel and 15 m from the top of the bank of the mainstream channel. These features can be moved but may require up to a day’s notice.

• Period of occupation should be from May long weekend to the Thanksgiving long weekend, times of least erosion and flooding.

• The campground owner should measure the setback distance from the top of the bank each spring before opening for the season. If bank erosion has occurred, the features in the campsites should be moved back away from the bank as necessary to maintain the recommended setbacks.

• A Qualified Registered Professional (QRP) in river flooding and erosion should be consulted if extensive erosion of the campsite bank is observed, a debris flow occurs on the creek across the river from the site, or following a flood event on the river greater than approximately the estimated 5-year flood.

• The banks should be resurveyed if significant erosion is observed and the survey should be extended to include the left bank of the mainstream to the downstream limit of the subject property.

The Hazards Assessment Report certifies that the subject property is considered safe for seasonal recreational camping if the recommendations above, as well as the following conditions are met:

1. Campground guests should be made aware that they are camping in a hazardous area subject to flooding and erosion from the Squamish River. Guests should be advised that it is not recommended to camp at these sites during periods of prolonged heavy rainfall or during high water levels on the river and that they should heed any warnings issued by Provincial or Regional authorities relating to local flooding.

2. Recommendations with respect to riparian setbacks and clearing of vegetation for the sites are followed.

3. Final development plans and as built conditions have been assessed and approved for compliance with the conditions specified herein by a QRP.

4. The campground owner or operator should have available on site and in good working condition the tools and equipment necessary to move the cabins and any RVs on blocks.

5. Once final plans for the proposed development are produced, it is recommended that Stirling Geoscience review them for compliance.

The property owner has indicated willingness to comply with all recommendations in the Riparian Area Assessment and Natural Hazards reports.

The SLRD is in the process of preparing a campground bylaw. The proposed campground will need to comply with the campground bylaw once it is adopted.

PROPERTY ANALYSIS:

Agricultural Capability

The subject property has excellent agricultural capability as noted below. The property is 70% Class 2 with excess water (groundwater) as a limiting factor, and 30% Class 4 with low moisture holding capacity as a limiting factor. The land is improvable to 70% Class 1 with no limitations, and 30% Class 2 with low moisture holding capacity as a limiting factor. This is based on the Land Capability Classification for Agriculture in BC that describes seven land capability classes (1 – 7).

Adjacent Land Uses

North: Forested - undeveloped

East: Agricultural - grazing

West: Forested - undeveloped

South: Forested - undeveloped

All areas around the subject property are within the Agricultural Land Reserve.

Current Land Uses on the subject property: single family dwelling residential; campground – RV camping

Regional Growth Strategy

The Regional Growth Strategy (RGS) Bylaw No. 1062, 2008 supports undertaking various investment strategies (industrial, tourism, agriculture, etc.) at a regional and sub-regional level that complement sustainable economic development and diversification and assist the transition from traditional resource industries. The RGS also indicates that one of the key aspects of achieving a sustainable economy is by protecting farmland for agricultural purposes.

Official Community Plan

The property is designated Agriculture in the Electoral Area D Official Community Plan Bylaw No. 1135-2013. The main objectives for land designated Agriculture is to preserve agricultural land capability, discourage non-farm uses, and ensure a stable food supply. The existing and proposed campground are not expected to impact agricultural land capability if the cabins are constructed without any permanent features (i.e. foundation) or structures (i.e. washroom facility) as recommended in the reports.

Zoning

The property is zoned Agriculture 1 in Squamish-Lillooet Regional District Electoral Area D Zoning Bylaw No. 1350-2016, which does not permit campgrounds. Should the Non-Farm Use Application be approved by the SLRD Board/the ALC, a Zoning Amendment will be required to allow a campground use that includes the additionally proposed cabins.

STAKEHOLDER MEETING

The SLRD Board of Directors made the following resolutions on June 27, 2018:

THAT the SLRD convene the following meetings regarding the ALC Non-Farm Use Application from the Squamish Valley Campground:

• a public information meeting for residents of the Upper Squamish Valley; and

• a meeting with participants of the ongoing Area D/District of Squamish Agricultural Inventory project and stakeholders of the proposed Area D/District of Squamish Agricultural Plan (such as the Ministry of Agriculture, Squamish Food Council and District of Squamish)

THAT the applicant be requested to provide information regarding the anticipated use of the newly available farmland if this application were to be granted (i.e. will it be farmed by the applicant, leased for farming by others, etc.).

It is understood by staff that the meetings were requested in order to address past noise issues in the Upper Squamish Valley. The request for information about newly available farmland assumed that there is a net gain in farmland. In actuality, the applicant is proposing to re-locate the RV campground use to another portion of the site and the land is not actively being farmed at this time, aside from a small cluster of blueberry bushes that were planted. There is no net gain in farmland associated with this application. Staff are not aware of any farming being proposed at this time. As such, there is nothing on which to provide input on from the Ministry of Agriculture and other food groups at this time. The cabin campground area will be adjacent to the RV campground on approximately 1 ha of previously unfarmed forested land.

The rationale for requesting that this resolution be rescinded is that a public information meeting and stakeholder consultation typically take place at the rezoning stage. Should the non-farm use application be approved by the Agricultural Land Commission, a rezoning will be required to allow campground and cabin use, which can include public and stakeholder consultation as part of the process. Moreover, this property was given permission in year 2004 for up to 50 units of campground space in North-East end of the property, thus this application is not for an entirely new non-farm use, but to bring into compliance a 16 unit RV campground established in the North-West end of the property, as well as to allow 18 additional campground units for cabin use.

Options:

Option 1 (Recommended option):

Support the non-farm use application subject to the applicant adhering to all requirements set out in the Riparian Area Assessment and Natural Hazards reports and forward the decision to the ALC.

Option 2:

Do not support the non-farm use application and forward the decision to the ALC.

Option 3:

Do not support the non-farm use application and do not forward the decision to the ALC.

Regional Impacts: Regional impacts to agricultural land are not expected due to the low impact approach of the proposed campground.

NEXT STEPS: As determined based on the Board’s decision.

Follow-Up Action: As per the Board’s decision.

Attachments:

Appendix A - ALC Resolution November 2004

Submitted by: Anna Koterniak, Planning and GIS Technician

Reviewed by: Kimberly Needham, Director of Planning and Development Services

Approved by: Lynda Flynn, Chief Administrative Officer

UPDATE - The Board of Directors resolved to rescind the public meeting at this stage of the application process and requested that the applicant provide information on anticipated farm uses which will take place on the subject property.