RE: Agricultural Land Commission Referral –Non-Farm Use Tinhorn Creek Winery, 32838 Tinhorn Creek Road

Administrative Recommendation:

THAT the RDOS not authorise the Provincial Agricultural Land Commission application to undertake a ‘non-farm’ use to proceed to the Agricultural Land Commission, in accordance with Section 20(3) of the Agricultural Land Commission Act, at 32838 Tinhorn Creek Road, Electoral Area ‘C’.

Purpose: To allow a non-farm use within the Agricultural Land Reserve.
Owner: Tinhorn Creek Vineyards Ltd. Agent: Sandra Oldfield Folio: C-12-06577.450
Civic: 32838 Tinhorn Creek Rd Legal: Lot B Plan KAP87895, District lot 2450s SDYD
OCP: Agriculture (Ag) Zone: Agriculture Two Site Specific (AG2)

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 to have a food primary license for their existing winery bistro lounge. This will allow the applicant to offer a larger range of alcoholic beverage choices.

Background:

The purpose of this application is to apply for ‘non-farm use’ in order to operate a fully serviced restaurant on site. The applicant has applied for a ‘Food Primary License’ from the Liquor Control Board in order to serve alcoholic beverages other than those produced in BC. A restaurant currently exists on the subject property, under a different liquor licence endorsement, and no physical changes are proposed. The ALC considers this proposed use beyond the scope permitted as ancillary to a winery and require an application for non-farm use.

In support of the proposed non-farm use, the applicant has stated “This application seeks to change our existing winery lounge license for Mirado Restaurant to a food primary license. This change of license requires no change to any existing building or parking lot. Nothing will be altered to the physical building or lot in any way. The change to food primary license will not impact surrounding agricultural lands in any way.”

The subject property is approximately 11.05 ha. in size, is zoned Agricultural Two Site Specific (AG2s) and designated Agricultural (AG) in the Official Community Plan. It is located 3.3 km south of Oliver, and is entirely within the ALR. Current land uses consist of: vineyards, a winery which includes a bistro-lounge, and a wine shop with tasting bar. Surrounding land uses include relatively large parcels of land used, and zoned, for agricultural purposes.

This matter to be debated Thursday in Penticton at RDOS Board table.