The city is urging the Agricultural Land Commission (ALC) to speak with neighbours of a property whose owners have submitted a non-farm use application to host events.
Salmon Arm council received the application for 2651 70th Street SE, home to Raven and Steel, "A Vintage Venue Farm," at the June 17 development and planning services committee meeting. The owners are seeking the ALC's permission to "operate a non-farm use activity in an accessory building" on the approximately 5.7 hectare property located in the Agricultural Land Reserve (ALR). Council was informed the building would be used for events and as a riding space.
The Agricultural Land Commission Act designates gathering for an event in the ALR as a permitted non-farm use provided conditions in the regulation are met, including the restriction of up to 150 people allowed at an event, and the limit of 10 events per year.
The committee voted in support of the application going to the June 24 meeting of council for a decision. At the council meeting, in response to a question from Mayor Alan Harrison, city senior planner Melinda Smyrl explained that while events may be permitted within the ALR, "a non-farm use for the ALC cannot operate in a permanent structure and they view this barn, the conversion of the barn, as now requiring this farm use application."
Since June 17, council received information from a concerned neighbour. Coun. Sylvia Lindgren said the letter mentioned a parking lot constructed at the venue for which "quite a number of loads of gravel had been brought in."
"I’m wondering does that not have an effect on farmland when it’s covered in gravel?" said Lindgren, to which Harrison said that would be up to the ALC to look at.
While council was supportive of the motion to authorize submitting the application to the ALC for a decision, Coun. Tim Lavery suggested the provided letter be included.
"I think for me the letter we received raised questions… about whether fill may or may not have been placed properly on the agricultural land and the potential of more than 10 events of any type within the calendar year...," said Lavery.
Coun. Debbie Cannon once again raised concerns around enforcement, having been told at June 17 meeting that it would be up to the ALC.
"How would the ALC do that because they don’t have an office here…," said Cannon, sharing concerns raised around noise bylaw infractions related to the subject property. "I don’t know if we know for sure how many we’ve had on that property to date but noise bylaw infractions are enforced by our staff…
"I think that’s kind of taxing to our bylaw enforcement officers or RCMP, I’m sure they go there if bylaw isn’t on at the time that we get the call."
In response, Coun. Kevin Flynn stressed, "there’s one letter from one neighbour, and there’s talk of all these noise complaints; we don’t have any substantiation."
"So my concern, because we don’t have bylaw on weekends… Perhaps somebody needs to talk to the RCMP and determine how many times there’s been an issue," commented Flynn. "I don’t want us to be in a battle between neighbours. I just want to make sure there’s facts."
To address concerns raised, the mayor tabled an amendment to the motion asking the ALC to visit the property and to contact residents of neighbouring properties.
"The reason I would make that amendment is while we don’t look after agricultural properties, we do want to make sure the information that we’ve received is accurate and it’s important the ALC checks out the accuracy of the application," said Harrison. "Second, I think it’s important the neighbours be contacted because although this is a large agricultural property, our noise bylaw of course goes to 10… at night and that needs to be clear in the ALC’s mind if they were to agree with this application.
"I think the neighbours do have a right to provide that information to the ALC. I just want to make sure they make an informed decision."
Council unanimously supported the amendment, and later the amended motion, though Lindgren suggested council's support would be coming after the fact.
"I feel like if some of this development has already happened, and it looks like it has… I feel like they’ve put the cart before the horse a little bit," said Lindgren. "It’s kind of like when an application comes to build a retaining wall after the wall has been built. I’m not a fan of those."
