Public Hearing Package - Resort Municipality of Whistler

Transcription

Public Hearing Package - Resort Municipality of Whistler
AGENDA
PUBLIC HEARING OF MUNICIPAL COUNCIL
TUESDAY, NOVEMBER 2, 2010 STARTING AT 6:00 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place
4335 Blackcomb Way, Whistler, BC V0N 1B4
The Public Hearing is convened pursuant to Section 890 of the Local Government Act
R.S.B.C. 1996, c. 323 to allow the public to make representations to Council
respecting matters contained in “Zoning Amendment Bylaw (Baxter Creek) No. 1953,
2010” (the “proposed Bylaw”).
Everyone present shall be given a reasonable opportunity to be heard or to present
written submissions respecting matters contained in the proposed bylaw. No one will
be discouraged or prevented from making their views known. However, it is
important that remarks be restricted to matters contained in the proposed Bylaw.
When speaking, please commence your remarks by clearly stating your name and
address.
Members of Council may, ask questions following presentations however, the
function of Council at a Public Hearing is to listen rather than to debate the merits of
the proposed Bylaw.
As stated in the Notice of Public Hearing,
Zoning Amendment
Bylaw (Baxter Creek) No.
1953, 2010
PURPOSE OF “ZONING AMENDMENT BYLAW (Baxter Creek) NO. 1953, 2010”:
Explanation
Explanation by Municipal staff concerning the proposed Bylaw.
Correspondence
Receipt of correspondence or items concerning the proposed Bylaw.
Submissions
Submissions by any persons concerning the proposed Bylaw.
In general terms, the purpose of the proposed Bylaw is to:
1) Amend the zoning map to delineate the RM55 (Residential Multiple
Fifty-Five) zone and LCB1 (Leisure Conservation Buffer One) zone in
the Baxter Creek neighbourhood;
2) Add “auxiliary buildings for amenities, and garbage and recycling” to
the list of permitted uses in the RM55 (Residential Multiple Fifty-Five)
zone;
3) Establish maximum densities for auxiliary parking uses; and
4) Add the RM55 (Residential Multiple Fifty-Five) zone to the list of zones
that allow vehicles to back onto any street or public right-of-way.
ADJOURNMENT
THE RESORT MUNICIPALITY OF WHISTLER
4325 Blackcomb Way
TEL 604 932 5535
Whistler. BC Canada V0N 1B4
TF 1 866 932 5535
www.whistler.ca
FAX 604 932 8109
NOTICE OF PUBLIC HEARING
ZONING AMENDMENT BYLAW (Baxter Creek) NO. 1953, 2010
Notice is hereby given in accordance with the Local Government Act RSBC, 1996, c.323 that the Council
of the Resort Municipality of Whistler will hold a Public Hearing to consider representations regarding
amendments to Whistler “Zoning and Parking Bylaw No. 303, 1983” (Zoning Bylaw) by means of “Zoning
Amendment Bylaw (Baxter Creek) No. 1953, 2010” (the “proposed Bylaw”) in the Franz Wilhelmsen
Theatre at Maurice Young Millennium Place, 4335 Blackcomb Way, Whistler, British Columbia
commencing at 6:00 p.m., November 2, 2010.
AT THE HEARING the public will be allowed to make representations to Council or to present written
submissions respecting matters contained in the proposed Bylaw and will be afforded a reasonable
opportunity to be heard.
SUBJECT LANDS: The lands, which are the subject of the proposed Bylaw, are located as shown
outlined in bold on the map attached.
PURPOSE OF “ZONING AMENDMENT BYLAW (Baxter Creek) NO. 1953, 2010”: In general terms, the
purpose of the proposed Bylaw is to:
1) Amend the zoning map to delineate the RM55 (Residential Multiple Fifty-Five) zone and
LCB1 (Leisure Conservation Buffer One) zone in the Baxter Creek neighbourhood;
2) Add “auxiliary buildings for amenities, and garbage and recycling” to the list of permitted uses
in the RM55 (Residential Multiple Fifty-Five) zone;
3) Establish maximum densities for auxiliary parking uses; and
4) Add the RM55 (Residential Multiple Fifty-Five) zone to the list of zones that allow vehicles to
back onto any street or public right-of-way.
AND FURTHER TAKE NOTICE that a copy of the aforementioned “Zoning Amendment Bylaw (Baxter
Creek) No. 1953, 2010” and related documents which have been or will be considered by the Council of
the Resort Municipality of Whistler may be inspected at the reception desk of Municipal Hall of the Resort
Municipality of Whistler located at 4325 Blackcomb Way, Whistler, British Columbia, between the hours of
8:00 a.m. and 4:30 p.m., from Monday to Friday only, from October 21, 2010 to November 2, 2010
(inclusive) (statutory holidays excluded).
Laurie-Anne Schimek,
Acting Corporate Officer
THE PREMIER MOUNTAIN RESORT COMMUNITY - MOVING TOWARDS A SUSTAINABLE FUTURE
Subject Lands – Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010
REPORT
ADMINISTRATIVE REPORT TO COUNCIL
PRESENTED:
October 19, 2010
REPORT:
10 - 104
FROM:
Community Life
FILE:
RZ 1039/BL 1953,
2010
SUBJECT:
Baxter Creek Minor Zoning Amendments
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER:
That the recommendation of the General Manager of Community Life be endorsed.
RECOMMENDATION
That Council consider giving first and second reading to Zoning Amendment Bylaw (Baxter Creek) No.
1953; 2010; and further that
That Council authorize the Corporate Officer to schedule a public hearing regarding Bylaw No. 1953,
2010 and to advertise for same.
REFERENCE
Name of Applicant:
Resort Municipality of Whistler
Legal Description:
Registered Plan EPP4736
Neighbourhood Area:
Baxter Creek
Current Zones:
RM55 (Residential Multiple Fifty-Five)
LCB1 (Conservation Buffer One)
Appendices
“A” Location Map Showing Proposed Zoning
NATURE OF REQUEST
That Council consider minor amendments to the Zoning Bylaw associated with the RM 55 (Residential
Multiple Fifty-Five) Zone.
PURPOSE OF REPORT
To outline the reasons for the proposed amendments to the Zoning Bylaw.
DISCUSSION
Council adopted Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008” on February
17, 2009. This bylaw created the RM 55 (Residential Multiple Fifty-Five) Zone for the parcel of land that
subsequently became known as Baxter Creek. Staff are currently processing the first development
permit application for a parcel of land zoned RM 55 (Residential Multiple Fifty-Five). Through the
review process several omissions in the original bylaw have been discovered. The most significant
Baxter Creek RM 55 Minor Zoning Amendments
Page 2 ...
October 19, 2010
omission is that the “Schedule C” of No. 1880 was not attached to any of the bylaw that was included in
the Council packages for first and second hearing, public hearing, third reading, or adoption. Schedule
“C” is the map showing the new zones that is attached as Appendix “A” of this report. The public notice
for the original bylaw did contain the proper map.
Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010 will also add “auxiliary buildings for the
following uses: (1) amenities (2) garbage and recycling” to the list of permitted uses in the RM 55
(Residential Multiple Fifty-Five) zone. The current development proposal includes an amenity building
that would not be allowed under the current Zoning Bylaw.
In addition, Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010 will establish maximum densities
for auxiliary parking uses as follows:
USE
Detached dwelling or auxiliary building associated with a detached
dwelling
Duplex dwelling or auxiliary building associated with a duplex dwelling
Townhouse
MAXIMUM FLOOR AREA
(m2)
70
70
35
Finally, Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010 adds the RM 55 (Multiple Residential
Fifty-Five) Zone to the list of zones exempted in Section 6.2.6 of the Zoning Bylaw. This exemption will
allow owners of detached dwelling to back out of their driveways onto a public street, an action that is
common in almost all neighbourhoods containing detached dwellings.
WHISTLER 2020 ANALYSIS
W2020 Strategy
TOWARD
Natural areas
Descriptions of success that resolution
moves us toward
An ecologically functioning and viable
network of critical natural areas is protected
and, where possible restored.
W2020 Strategy
Built environment
AWAY FROM
Descriptions of success that resolution
moves away from
The new and renovated built environment
has transitioned towards sustainable
management of energy and materials.
Comments
The proposed bylaw will amend the zoning bylaw
by zoning the sensitive ecological areas in the
Baxter Creek neighbourhood as LCB1 (Leisure
Conservation Buffer One).
Mitigation Strategies
and Comments
70 m2 parking areas may not represent
sustainable management of building materials.
Baxter Creek RM 55 Minor Zoning Amendments
Page 3 ...
October 19, 2010
OTHER POLICY CONSIDERATIONS
The proposed amendments are of a housekeeping nature to correct several oversights. They are
consistent with other zones.
BUDGET CONSIDERATIONS
The proposed amendments will not have a significant impact on either the operating or capital budget.
COMMUNITY ENGAGEMENT AND CONSULTATION SUMMARY
A statutory public hearing will be required. Because the proposed amendments are of a housekeeping
nature, staff do not feel that additional public consultation is required.
Respectfully submitted,
Bill Brown
ACTING GENERAL MANAGER OF COMMUNITY LIFE
for
Bill Barrett
CHIEF ADMINISTRATIVE OFFICER
Baxter Creek RM 55 Minor Zoning Amendments
Page 4 ...
October 19, 2010
Appendix “A”
Location Map Showing Proposed Zoning
RESORT MUNICIPALITY OF WHISTLER
ZONING AMENDMENT BYLAW (Baxter Creek) No. 1953, 2010
A Bylaw to amend the Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 1983
WHEREAS Council may in a zoning bylaw, pursuant to Sections 903 and 906 of the Local
Government Act, c.323 (the “Act”), divide all or part of the area of the Municipality into zones,
define each zone, and regulate the use of land, buildings and structures within the zones, and
require the provision of off-street parking spaces and loading spaces for uses, buildings and
structures;
NOW THEREFORE the Council of the Resort Municipality of Whistler in open meeting
assembled ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as “Zoning Amendment Bylaw (Baxter Creek) No.
1953, 2010”.
The lands which are the subject of this Bylaw is that area of land situated in the Resort
Municipality of Whistler shown outlined in heavy black on the sketch plan attached as Schedule
“A” to this Bylaw,
2. The Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 1983 is hereby
amended as follows:
(a) The Lands are hereby rezoned from the RR1 (Rural Resource One) and RSE1
(Residential Single Estate One) zones to the RM55 (Residential Multiple) and LCB1
(Leisure Conservation Buffer One) zones, as shown on the plan attached as Schedule
B to this Bylaw.
(b) Schedule A (zoning maps) forming part of Zoning and Parking Bylaw No. 303, 1983 is
amended to give effect to the rezoning described in subparagraph (a) hereof.
(c) Section 6.2.6 is amended by adding “RM 55,” between “RM 25,” and “RT’”
(d) “auxiliary buildings for the following uses: (1) amenity activities and (2) storage of
garbage and recycling” are added as a permitted use to section 55.1
(e) The following sections are added to the density provisions of the RM55 Zone:
i. “55.6.1 The maximum permitted floor area for auxiliary parking use contained
in a detached dwelling or auxiliary building associated with a detached
dwelling is 70 square metres.”
ii. “55.6.2 The maximum permitted floor area for auxiliary parking use contained
in a duplex dwelling or auxiliary building associated with a duplex dwelling is
70 square metres.”
iii. “55.6.1 The maximum permitted floor area for parking use within a
townhouse dwelling is 35 square metres.
Zoning Amendment Bylaw (Baxter Creek) No.1953, 2010Page 2
GIVEN FIRST AND SECOND READINGS this _______day of, 2010.
Pursuant to Section 890 of the Local Government Act, a Public Hearing was held this day of,
2008.
GIVEN THIRD READING this ___ day of _____________, 2010.
APPROVED by the Minister of Transportation this ___ day of _____________, 2010.
ADOPTED by the Council this ___ day of _____________, 2010.
Ken Melamed,
Mayor
I HEREBY CERTIFY that this is a true
copy of “Zoning Amendment Bylaw
(Alpine North Legacy Lands) No. 1880, 2008”
Shannon Story
Corporate Officer
Shannon Story,
Corporate Officer
Zoning Amendment Bylaw (Baxter Creek) No.1953, 2010Page 3
SCHEDULE “A”
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1953, 2010
Zoning Amendment Bylaw (Baxter Creek) No.1953, 2010Page 4
SCHEDULE “B”
Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010-10-11
Map of affected lands showing existing and proposed zones
MINUTES
REGULAR MEETING OF MUNICIPAL COUNCIL
TUESDAY, OCTOBER 19, 2010, STARTING AT 5:30 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place
4335 Blackcomb Way, Whistler, BC V0N 1B4
PRESENT:
Acting Mayor T. Milner
Councillors:
ABSENT:
R. Forsyth, G. Lamont, C. Quinlan, T. Thomson, E. Zeidler
Mayor K. Melamed
Acting Chief Administrative Officer /
General Manager of Resort Experience, J. Jansen
Acting General Manager of Community Life, B. Brown
General Manager of Environmental Services, H. Kim
General Manager of Economic Viability/
Acting Corporate Officer, L. Landry
Manager of Resort Planning , M. Kirkegaard
Planning Analyst, K. Creery
Environmental Coordinator, N. Richer
Senior Communications Officer, M. Darou
Communications Officer, J. Waring
Recording Secretary, A. Winkle
APPROVAL OF AGENDA
Moved by Councillor G. Lamont
Seconded by Councillor T. Thomson
That Council approve of the Regular Council agenda of October 19, 2010 with an
item of Other Business by R. Forsyth, and C. Quinlan.
CARRIED
ADOPTION OF MINUTES
Moved by Councillor R. Forsyth
Seconded by Councillor C. Quinlan
That Council adopt the Regular Council minutes of October 5, 2010.
CARRIED
PUBLIC QUESTION AND ANSWER PERIOD
Dave Buzzard, 9295 Emerald Drive asked about when the next update on pay
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Regular Council Meeting
October 19, 2010
Page 2
parking will be.
Mr. Brown responded that Bob MacPherson will be making a presentation to
Council at the December 21st meeting.
Mr. Buzzard asked about the air quality monitoring results at Cheakamus Crossing,
and commented that the average number is 10ppm, and that the readings today
were about 30ppm. He asked if Council would reopen the debate about enforcing
the bylaw.
Mr. Kim responded that there are going to be occasional spikes in the readings, and
that the focus should be on the 24 hour average.
Mr. Buzzard asked about the average reading being three times as high when the
plant is operating than when it is not operating.
Mr. Kim commented that they are waiting on more information.
Acting Mayor Milner responded that the work on the highway will be done on
Friday, and responded that they will review options for next summer.
Angela Connor, 17-1375 Cloudburst Drive, asked why Mr. Kim was at the site today.
Mr. Kim responded that he was gauging the situation.
Ms. Connor asked how he found the odor, and if he thought it was tolerable and
acceptable.
Mr. Kim responded that the odor is concerning and they will review it further if it
continues for extended periods of time.
Acting Mayor Milner responded that the major contract is to be done by Friday, that
more data will be gathered in the spring, and that they will put a plan together at
that point.
Ms. Connor asked what he suggests for homeowners.
Mr. Kim responded that the schedule is weather dependent, and the best guest from
the Ministry is that there will be another week of paving.
Ms. Connor asked when the plant would open in the spring.
Acting Mayor Milner responded that the plant reopens in June.
Iona Lake, Spruce Grove Lane, asked if they are going to deal with it in the winter
prior to the June operating season.
Acting Mayor Milner responded they will gather data while the plant is in operation
next summer.
MAYOR’S REPORT
The Whistler Readers and Writers Festival had its 9th successful year on the weekend.
Award-winning authors, including Whistler’s own Leslie Anthony, gave readings and
workshops. The event continues to inspire writers and put Whistler on the map as an
arts and culture destination. Big thanks to Festival Director Stella Harvey, and the
Vicious Circle Writing Group for their hard work making the event a success.
There is an open house regarding biodiversity in the Fitzsimmons Fan on Green Lake.
It will be held October 26th from 4-6pm at Spruce Grove Field House.
The critical bird habitat at the Fan has been negatively impacted by human activity
over the last ten years. Bring your ideas and suggestions to the community-based
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Regular Council Meeting
October 19, 2010
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working group and develop a strategy to protect biodiversity.
The Commuter Challenge wrapped up earlier this month. It was a big success, with
over 900 people walking, biking, carpooling and taking the bus to and from work.
The heads of Whistler Blackcomb, Tourism Whistler, and our CAO Bill Barratt made
a challenge and the leader of the winning organization will have their bike washed by
the other two. Come down and find out who the winner is at the bike washing
ceremony next Monday at 5 p.m. in Village Square.
The grand prize draw for the Whistler Blackcomb Seasons Pass, the annual transit
pass, and the Meadow Park Sports Centre Annual Pass will take place on October 27
at the Chamber Breakfast. Those winners will be announced next week.
Dates for the Yard Waste Drop off Program are November 6th and 7th at the Nesters
Compactor Site from 9:30 a.m. to 4:30 p.m. Visit whistler.ca for more information.
Council reappointed Jim Godfrey and Barrett Fisher as the RMOW representatives to
serve as Members/Directors of the VANOC Board until February 28, 2011.
ADMINISTRATIVE REPORTS
Plastic Bag Phase Out
Program
Report No. 10-101
File No. 808.1
Moved by Councillor C. Quinlan
Seconded by Councillor T. Thomson
That Council direct staff to commence communication and community engagement
in an education process about the benefits of reusable bags.
Opposed:
Councillor R. Forsyth, Councillor E. Zeidler, Acting Mayor T. Milner
DEFEATED
Moved by Councillor E. Zeidler
Seconded by Councillor T. Thomson
That Council refer the Plastic Bag Phase Out Program back to staff.
Keg Lodge Phase II
Covenant Modification
Strata Lot 38
Report No. 10-102
File No. CM0001
Moved by Councillor C. Quinlan
Seconded by Councillor E. Zeidler
DP.1154 – 3837 Sunridge
Drive
Report No. 10 - 106
File No. DP.1154
Moved by Councillor R. Forsyth
Seconded by Councillor C. Quinlan
CARRIED
That Council approve modification of Rental Pool Covenant H75552 for Strata Lot 38,
Plan VAS953 located in the Keg Lodge at 4425 Sundial Place, to legitimize use of the
unit as the administration office for the Keg Restaurant located within the same
building.
CARRIED
That Council authorize staff to issue a Development Permit for the Strata Lot 32,
District Lot 4750, Strata Plan LMS2202, shown highlighted in blue on the sketch plan
attached as Appendix A to this report;
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Regular Council Meeting
October 19, 2010
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That Council amends Schedule C of Covenant BJ 342511 andBJ342512, to allow for the
tree preservation area and building envelope to be modified as shown in the attached
plans as Appendix D ;
That Council direct staff to advise the applicant that the Development Permit will be
issued subject to the following conditions being completed to the satisfaction of the
General Manager of Community Life:
1) Submission of a detailed landscape plan for Strata Lots 31 and 32,
Strata Plan LMS 2202, to the satisfaction of the General Manager of
Community Life;
2) Provision of a Letter of Credit, or other approved security in the
amount of 135 percent of the landscape costs for the proposed
improvements at 3837 and 3839 Sunridge Drive, as estimated by a
professional landscape architect, as security for the construction and
maintenance of these works; and further,
3) Registration of a restrictive covenant to incorporate the FireSmart
principles for 3837 Sunridge Drive.
4) Registration on title of a covenant modification for Covenant BJ
342511.
5) Registration on title of a covenant modification for Covenant BJ
342512.
6) Registration of a driveway easement between 3837 and 3839 Sunridge
Drive to allow for access to 3837 Sunridge Drive.
7) Submission of a Hoarding Plan to the satisfaction of the General
Manager of Community Life; and
8) Payment of any outstanding development permit processing fees;
That Council authorize the Mayor and the Corporate Officer to execute the required
documents in conjunction with this permit.
CARRIED
RZ. 1032 Cheakamus
North Zoning
Amendment
Report No. 10-103
File No. RZ. 1032
Moved by Councillor T. Thomson
Seconded by Councillor R. Forsyth
That Council endorse the continuing review of Rezoning Application RZ. 1032; and
That Council instruct staff to prepare a zoning amendment bylaw that modifies the
existing RSE-6 Zone as described in this report.
Opposed:
Councillor E. Zeidler
CARRIED
MINUTES
Regular Council Meeting
October 19, 2010
Page 5
Baxter Creek Minor
Zoning Amendments
Report No. 10-104
File No. RZ 1039/BL
1953, 2010
Moved by Councillor R. Forsyth
Seconded by Councillor C. Quinlan
That Council consider giving first and second reading to Zoning Amendment Bylaw
(Baxter Creek) No. 1953; 2010; and further that
That Council authorize the Corporate Officer to schedule a public hearing regarding
Bylaw No. 1953, 2010 and to advertise for same.
CARRIED
Cypress Place Zoning
Amendment
Report No. 10 -105
File No. RZ. 1035
Moved by Councillor T. Thomson
Seconded by Councillor R. Forsyth
That Council consider giving first and second readings to “Zoning Amendment
(RTA5 Zone Text Amendment) Bylaw No. 1945, 2010”;
That Council authorize the Corporate Officer to schedule a public hearing regarding
“Zoning Amendment (RTA5 Zone Text Amendment) Bylaw No. 1945, 2010”, and to
advertise for same in a local newspaper; and further
That Council authorize the Mayor and Corporate Officer to sign the legal documents
associated with the discharge of the Section 219 Covenant registered on Lots 24
through 39 as BB 1274880.
CARRIED
POLICY REPORTS
Amendment to Landscape
Security Policy G-9
Report No. 10-107
File No. 8010
Moved by Councillor E. Zeidler
Seconded by Councillor G. Lamont
That Council adopt the amended Landscape Security for Development Permit Policy
G-9, attached as Appendix “A”.
CARRIED
MINUTES OF COMMITTEES AND COMMISSIONS
Forest & Wildland
Advisory Committee
Moved by Councillor G. Lamont
Seconded by Councillor T. Thomson
That the September 8, 2010 minutes of the Forest & Wildland Advisory Committee
be received.
CARRIED
BYLAWS FOR FIRST AND SECOND READING
Zoning Amendment Bylaw Moved by Councillor C. Quinlan
(Baxter Creek) No. 1953,
Seconded by Councillor R. Forsyth
2010
That Zoning Amendment Bylaw (Baxter Creek) No. 1953, 2010 receive first and
second readings.
CARRIED
MINUTES
Regular Council Meeting
October 19, 2010
Page 6
Zoning Amendment
(RTA5 Zone Text
Amendment) Bylaw No.
1945, 2010
Moved by Councillor R. Forsyth
Seconded by Councillor T. Thomson
That Zoning Amendment (RTA5 Zone Text Amendment) Bylaw No. 1945, 2010
receive first and second readings.
CARRIED
BYLAWS FOR ADOPTION
Taxation Exemption For
Not-For-Profit
Organizations
Amendment Bylaw 1952,
2010
Moved by Councillor R. Forsyth
Seconded by Councillor G. Lamont
That Taxation Exemption For Not-For-Profit Organizations Amendment Bylaw 1952,
2010 be adopted.
CARRIED
OTHER BUSINESS
Highway Paving
Councillor R. Forsyth asked about the progress of the highway paving.
Mr. Kim commented they are behind schedule. They anticipate being done within a
week, followed by the line painting. He anticipated late Oct/early Nov for completion,
weather dependant.
Canada/China Liaison
Councillor C. Quinlan gave a report on the Canada/China liaison meeting that was
hosted at the library.
CORRESPONDENCE
Asphalt Plant Cheakamus
Cross
File No. RZ 1025
Moved by Councillor T. Thomson
Seconded by Councillor E. Zeidler
October as Foster Family
Month in British
Columbia
File No. 3009
Moved by Councillor G. Lamont
Seconded by Councillor R. Forsyth
Cheakamus Community
Forest Plan
File No. 828
Moved by Councillor R. Forsyth
Seconded by Councillor G. Lamont
That correspondence from Anne Diano regarding the asphalt plant at Cheakamus
Crossing be received.
CARRIED
That correspondence from Mary Polak, Minister of Children and Family
Development regarding October as Foster Family Month in British Columbia be
received and proclaimed if requested.
CARRIED
That correspondence from Whistler Forestland Preservation Action regarding the
Cheakamus Community Forest plan be received.
CARRIED
ADJOURNMENT
Moved by Councillor T. Thomson
MINUTES
Regular Council Meeting
October 19, 2010
Page 7
That Council adjourn the October 19, 2010 Council meeting at 7:15 p.m.
CARRIED
_____________________
ACTING MAYOR: T. Milner
____________________________
ACTING CORPORATE OFFICER: L. Landry
AGENDA
PUBLIC HEARING OF MUNICIPAL COUNCIL
M O N D A Y S E P T E M B E R 1 5 , 2 0 0 8 STARTING AT 7:00 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place
4335 Blackcomb Way, Whistler, BC V0N 1B4
The Public Hearing is convened pursuant to Section 890 of the Local Government
Act R.S.B.C. 1996, c. 323 to allow the public to make representations to Council
respecting matters contained in “Official Community Plan Amendment Bylaw
(Alpine North Legacy Lands) N0. 1879, 2008” and “Zoning Amendment Bylaw
(Alpine North Legacy Lands) N0. 1880, 2008” (the “proposed Bylaws”).
Everyone present shall be given a reasonable opportunity to be heard or to present
written submissions respecting matters contained in the proposed bylaws. No one
will be discouraged or prevented from making their views known. However, it is
important that remarks be restricted to matters contained in the proposed bylaws.
When speaking, please commence your remarks by clearly stating your name and
address.
Members of Council may ask questions following presentations however, the
function of Council at a Public Hearing is to listen rather than to debate the merits
of the proposed bylaw.
As stated in the Notice of Public Hearing,
Official Community Plan
Amendment Bylaw
(Alpine North Legacy
Lands) No. 1879, 2008
Official Community Plan Amendment Bylaw (Alpine North Legacy Lands) No.
1879, 2008
Zoning Amendment
Bylaw (Alpine North
Legacy Lands) No. 1880,
2008
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008
Explanation
Explanation by Municipal staff concerning proposed Official Community Plan
Amendment Bylaw (Alpine North Legacy Lands) No. 1879, 2008 and proposed
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008.
Correspondence
Receipt of correspondence or items concerning proposed Official Community Plan
Amendment Bylaw (Alpine North Legacy Lands) No. 1879, 2008 and proposed
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008.
In General Terms, The Purpose Of The Proposed Bylaw Is To Create A
Development Permit Area And Associated Guidelines For A Proposed Mixed
Residential Development.
In General Terms, The Purpose Of The Proposed Bylaw Is To Rezone The Alpine
North Legacy Lands To Allow For A Mix Of Detached, Townhouse And Duplex
Dwellings, As Well As Parkland Dedication.
Public Hearing
Page 2
September 15, 2008
Submissions
Submissions by any persons concerning the proposed Official Community Plan
Amendment Bylaw (Alpine North Legacy Lands) No. 1879, 2008 and proposed
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008.
ADJOURNMENT
NOTICE OF PUBLIC HEARING
OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW
(ALPINE NORTH LEGACY LANDS) NO. 1879, 2008
&
ZONING AMENDMENT BYLAW (ALPINE NORTH LEGACY LANDS) NO. 1880, 2008
Notice is hereby given in accordance with the Local Government Act, 1996, c.323 that the Council of
the Resort Municipality of Whistler will hold a Public Hearing to consider representations regarding
“Official Community Plan Amendment Bylaw (Alpine North Legacy Lands) N0. 1879, 2008” and
“Zoning Amendment Bylaw (Alpine North Legacy Lands) N0. 1880, 2008” (the “proposed Bylaws”)
in the Franz Wilhelmsen Theatre at Maurice Young Millennium Place, 4335 Blackcomb Way,
Whistler, British Columbia commencing at 7:00 p.m., on Monday September 15, 2008.
AT THE HEARING the public will be allowed to make representations to Council or to present
written submissions respecting matters contained in the proposed Bylaws and will be afforded a
reasonable opportunity to be heard.
SUBJECT LANDS: The lands which are the subject of Bylaw 1879 are described as Block F (District
Lots 3861 and 4755) together with Block G (District Lots 4755 and 8077). The lands which are the
subject of Bylaw 1880 are described as Block F (District Lots 3861 and 4755), together with a portion
of Block G (District Lots 4755 and 8077). The lands are shown outlined in heavy black line on the
sketch plans attached.
PURPOSE OF “OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW (Alpine North Legacy
Lands) NO. 1879, 2008”: In general terms, the purpose of the proposed Bylaw is to create a
Development Permit Area and associated guidelines for a proposed mixed residential development.
PURPOSE OF “ZONING AMENDMENT BYLAW (Alpine North Legacy Lands) NO. 1880, 2008”:
In general terms, the purpose of the proposed Bylaw is to rezone the Alpine North Legacy Lands to
allow for a mix of detached, townhouse and duplex dwellings, as well as parkland dedication.
AND FURTHER TAKE NOTICE that a copy of the aforementioned “Official Community Plan
Amendment Bylaw (Alpine North Legacy Lands) N0. 1879, 2008” and “Zoning Amendment Bylaw
(Alpine North Legacy Lands) N0. 1880, 2008” and related documents which have been or will be
considered by the Council of the Resort Municipality of Whistler may be inspected at the Reception
Desk of Municipal Hall of the Resort Municipality of Whistler located at 4325 Blackcomb Way,
Whistler, British Columbia, between the hours of 8:00 a.m. and 4:30 p.m., from Monday to Friday
only, from September 4, 2008 to September 15, 2008 (inclusive).
Shannon Story
Corporate Officer
RESORT MUNICIP ALITY OF WHISTLER 4325 BLACKCOMB WAY, WHISTLER, B.C. V0N 1B4
WHISTLER TEL:604-932-5535 FAX: 604-935-8109 TOLL FREE: 1-866-932-5535
EM AIL: [email protected] WEBSITE: www.whistler.ca
Bylaw No. 1879, 2008– Subject Lands
Bylaw No. 1880, 2008– Subject Lands
RESORT MUNICIPALITY OF WHISTLER
OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW
(Alpine North Legacy Lands) No. 1879, 2008
A Bylaw to Amend the Resort Municipality of Whistler Official Community Plan
The Municipal Council of the Resort Municipality of Whistler, in open meeting assembled, ENACTS
AS FOLLOWS:
1.
This Bylaw may be cited for all purposes as “Official Community Plan Amendment Bylaw
(Alpine North Legacy Lands) No. 1879, 2008”.
2. The lands which are the subject of this Bylaw are those lands situated in the Resort
Municipality of Whistler, shown outlined in black on the sketch plan attached as Schedule B
to this bylaw, and legally described as:
Parcel Identifier: 027 022 005
Block F, District Lots 3861 and 4755
and,
Parcel Identifier: 026-990-709
Block G, District Lots 4755 and 8077
(hereinafter referred to as the “Lands”)
3. The Resort Municipality of Whistler Official Community plan (the “OCP”) is amended as
follows:
a) Section 32, attached as Schedule A hereto, is added to the OCP.
b) Schedule B-1 of the OCP is amended by adding the “Development Areas”
designation to that part of the Land shown hatched on Schedule B hereto.
c) Schedule H-1 of the OCP is amended by adding the Lands, as indicated on
Schedule B hereto, with respect to “Municipal Service Areas – Sewer and Water”.
d) Schedule I-1 of the OCP is amended by adding the Lands, as indicated on Schedule
B hereto, with respect to “Municipal Service Areas – Fire Protection”.
e) Schedule P-1 of the OCP is amended by adding the “DPA (Development Permit
Area) No. 27” designation to the Lands.
f)
Schedule Q-1 of the OCP is amended by adding the “Development Permit Area No.
27 designation” to the Lands in respect of “Protection of the Natural Environment”,
“Protection of Development from Hazardous Conditions including Wildfire
Hazard”, “Form and Character of Multi-Family Residential Development”, and
“Energy and Water Conservation”.
4. If any section or phrase of this Bylaw is for any reason held to be invalid by the decision of
any court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this bylaw.
OCP Amendment Bylaw (Alpine North Legacy Lands Lands) No. 1879, 2008
Page 2
GIVEN FIRST READING this 25th day of August, 2008.
GIVEN SECOND READING this 25th day of August, 2008.
Pursuant to Section 890 of the Local Government Act, a Public Hearing was held this _____ day of
______, ____.
GIVEN THIRD READING this _____ day of ______, ____.
APPROVED by the Ministry of Community Development this _____ day of ______, ____.
ADOPTED by the Council this _____ day of ______, ____.
Signed original in Vault
__________________
Ken Melamed,
Mayor
____________________
Shannon Story,
Corporate Officer
I HEREBY CERTIFY that this is a true copy of “Official Community Plan Amendment Bylaw
(Alpine North Legacy Lands) No. 1879, 2008”.
Shannon Story
Corporate Officer
SCHEDULE “A”
Official Community Plan Amendment Bylaw
(Alpine North Legacy Lands) No. 1879, 2008
32.0
DEVELOPMENT PERMIT AREA #27: Alpine North Legacy Lands
32.1
AREA
Development Permit Area #27 known as Alpine North Legacy Lands, as shown on
Schedules P & Q.
32.2
DESIGNATION CATEGORIES
32.2.1 Pursuant to Section 919.1(1) (a) of the Local Government Act, the Alpine North
Legacy Lands are hereby designated as a development permit area for the protection
of the natural environment, its ecosystems and biological diversity.
32.2.2 Pursuant to Section 919.1(1) (b) of the Local Government Act, the Alpine North
Legacy Lands are hereby designated as a development permit area for the protection
of development from hazardous conditions, including wildfire hazard.
32.2.3 Pursuant to Section 919.1(1) (e) of the Local Government Act, the Alpine North
Legacy Lands are hereby designated as a development permit area for the
establishment of objectives for the form and character of multi-family residential
development.
32.2.4 Pursuant to Section 919.1(1) (i) and (j) of the Local Government Act, the Alpine North
Legacy Lands are hereby designated as a development permit area for the
establishment of objectives to promote energy and water conservation.
32.3
JUSTIFICATION
The Alpine North Legacy Lands contain riparian areas and mature forest providing
wildlife habitat and other ecosystem functions as described in the RMOW’s Protected
Area Network. The lands are also characterized by varied topography and surface
geology including hillsides, ridges, benches, draws and knolls. Careful design of
buildings and landscaping is required to minimize site disturbance, excavation and
grading, maintain existing vegetation, and respect natural hydrology.
Certain geotechnical features such as steep rocky slopes may present a hazard to
development requiring mitigation. On-site and adjacent forests create the potential
for wildfires, which must also be addressed.
Topography and existing vegetation, together with the area’s visibility from Highway
99 and other nearby viewpoints, demand attention to the form and character of
multi-family residential development.
The Municipality’s overarching goals to minimize the ecological and financial costs
of human settlement and the relatively high-elevation, south-facing slopes of the
Alpine North Legacy Lands, justify objectives to promote energy and water
conservation.
32.4
PERMITTING EXEMPTIONS
a) Detached and duplex dwellings are exempt from compliance with guidelines for
the form and character of multi-family residential development.
b) No development permit is required for subdivision.
32.5
GUIDELINES
Development Permits issued in this area require compliance with the following
guidelines.
32.5.1 PROTECTION OF THE NATURAL ENVIRONMENT, ITS ECOSYSTEMS AND
BIOLOGICAL DIVERSITY
a) The forest habitat must be protected by establishing tree preservation areas
within each development site. Priority shall be given to mature forests and
riparian or wetland vegetation as identified in an Initial Environmental Review.
Protection of additional trees may be required through siting controls on
buildings and structures. Vegetation rehabilitation will be required.
b) Stormwater runoff should be managed through natural systems. A stormwater
management plan indicating how runoff will be minimized such that postdevelopment hydrology mimics pre-development conditions will be required
prior to the issuance of any development permit in DP Area #27.
c) Site disruption caused by re-grading and excavation for roads and structures must
be minimized to protect the integrity of existing soils and slopes. Wherever
possible, the alignment of buildings and roads should run parallel to natural
contours. On steeper sites, the building mass should be modulated and stepped
down the natural slope.
32.5.2 PROTECTION OF DEVELOPMENT FROM HAZARDOUS CONDITIONS,
INCLUDING WILDFIRE HAZARD
a) Where topography and/or surface geology present erosion, land slip or other
geotechnical concerns the Municipality may require certain areas to remain free
of development
b) The Municipality may require a detailed hazards assessment by a qualified
professional prior to permitting development, and will require that works be
constructed to mitigate any geotechnical concerns.
c) Landscaping near buildings must be carefully designed to minimize fire fuels.
Preferred options include low fuel volume or fire resistive trees, plants and
ground cover, and pathways.
d) Exterior cladding and roof materials must be low- or non-combustible.
e) Roof design must establish effective snow management to protect pedestrian and
vehicle areas from snow shed and ice accumulation. Whistler’s freeze/thaw cycle
and frequent large accumulations of snow are to be considered in building design
and material selection. Pedestrian and vehicle access points must be protected
from snow shed and ice accumulation.
32.5.3 FORM AND CHARACTER OF MULTI-FAMILY RESIDENTIAL DEVELOPMENT
a) Building siting and design (particularly building form, massing, rooflines and
facades) should be tailored to the physical character of the site to reduce visual
impacts from adjoining lands, roads and Highway 99.
b) Development should allow sun penetration to pedestrian levels and outdoor activity
areas. Buildings should be designed for exposure of living areas to sunlight, open
space and views.
c) Building design and landscaping shall be consistent with the pattern established by
natural landscape features such as rocky outcrops, knolls, benches, draws and slopes.
d) Buildings are to be separated with areas of undisturbed vegetation or significant
landscaping. Landscape and screening elements should be coordinated with adjacent
features. Existing vegetation shall be preserved wherever appropriate, or replaced
with landscape plants suited to local soils and climate.
e) Adjacent buildings should use layout, orientation and window placement to provide
visual privacy between neighbouring properties.
f)
Roof lines and form should be varied, and designed to fit with site topography; sloped
roofs are preferred.
g) Windows, porches and building entries for pedestrians should be incorporated to
avoid blank walls or building facades that are dominated by garages.
h) Balconies are encouraged to provide private outdoor space, add visual interest and
attenuate building mass.
i)
Building materials and colours shall be consistent with the forested mountain
character of the site. Appropriate materials include wood and composite siding, metal
and textured concrete. Building colours should consist of muted natural tones and
must be complementary to neighbouring buildings.
j)
Parking should be underground; or located, designed and screened to minimise its
visibility from adjoining trails, pathways, roads, lands and Highway 99.
k) All surface parking must include adequate areas for snow storage and drainage.
Impermeable parking areas and other hard surfaces shall be minimized.
l)
To encourage a pedestrian character for all development, public trails must be
continued, created and secured on the lands.
m) Recycling and garbage containers, as required, shall be contained in structures that
are consistent with the form and character of adjacent buildings.
32.4.5 ENERGY AND WATER CONSERVATION
a) Buildings are to be located, oriented and designed to take advantage of opportunities
for passive solar heating and natural ventilation.
b) Roof overhangs, window placement and landscaping should be coordinated to
provide cooling and shade during the summer and solar access in winter.
c) Roof surfaces should be designed to accommodate solar energy collection devices;
skylights are discouraged.
d) Buildings design should minimize the area of north-facing windows.
e) Landscaping shall consist primarily of plants suited to local climate conditions,
requiring minimal irrigation.
f)
Roof design and equipment to allow rainwater collection systems for irrigation
purposes are encouraged.
SCHEDULE “B”
Official Community Plan Amendment Bylaw
(Alpine North Legacy Lands) No. 1879, 2008
RESORT MUNICIPALITY OF WHISTLER
ZONING AMENDMENT BYLAW (Alpine North Legacy Lands) No. 1880, 2008
A Bylaw to amend the Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 1983
WHEREAS Council may in a zoning bylaw, pursuant to Sections 903 and 906 of the Local
Government Act, c.323 (the “Act”), divide all or part of the area of the Municipality into zones,
define each zone, and regulate the use of land, buildings and structures within the zones, and
require the provision of off-street parking spaces and loading spaces for uses, buildings and
structures;
NOW THEREFORE the Council of the Resort Municipality of Whistler in open meeting
assembled ENACTS AS FOLLOWS:
1.
This Bylaw may be cited for all purposes as “Zoning Amendment Bylaw (Alpine North Legacy
Lands) No. 1880, 2008”.
2. The lands which are the subject of this Bylaw is that area of land situated in the Resort
Municipality of Whistler shown outlined in heavy black on the sketch plan attached as
Schedule “A” to this Bylaw, comprised of:
Parcel Identifier: 027 022 005
Block F, District Lots 3861 and 4755
together with a portion of
Parcel Identifier: 026-990-709
Block G, District Lots 4755 and 8077
(the “Lands”)
3. The Resort Municipality of Whistler Zoning and Parking Bylaw No. 303, 1983 is hereby
amended as follows:
(a) Section 12 is amended by adding, in the appropriate order, the RM55 (Residential
Multiple) zone attached as Schedule “B” to this Bylaw.
(b) The Lands are hereby rezoned from the RR1 (Rural Resource One) and RSE1
(Residential Single Estate One) zones to the RM55 (Residential Multiple) and LCB1
(Leisure Conservation Buffer One) zones, as shown on the plan attached as Schedule
C to this Bylaw.
(c) Schedule A (zoning maps) forming part of Zoning and Parking Bylaw No. 303, 1983 is
amended to give effect to the rezoning described in subparagraph (b) hereof.
(d) Section 7 of Zoning and Parking Bylaw No. 303, 1983 is amended by inserting the
following in number order under the heading “RM Zones”:
Column I
Column II
RM55
Residential Multiple Fifty Five
(e) Section 23, Schedule “A” (Legend of Zones) is amended by adding “(RM55)
Residential Multiple Fifty Five” under the heading “Residential Zones”, in the
appropriate order.
Zoning Amendment Bylaw (Alpine North Legacy Lands Lands) No.1880, 2008
Page 2
GIVEN FIRST AND SECOND READINGS this 25th day of August, 2008.
Pursuant to Section 890 of the Local Government Act, a Public Hearing was held this day of,
2008.
GIVEN THIRD READING this ___ day of _____________, 2008.
APPROVED by the Minister of Transportation this ___ day of _____________, 2008.
ADOPTED by the Council this ___ day of _____________, 2008.
Ken Melamed,
Mayor
I HEREBY CERTIFY that this is a true
copy of “Zoning Amendment Bylaw
(Alpine North Legacy Lands) No. 1880, 2008”
Shannon Story
Corporate Officer
Shannon Story,
Corporate Officer
SCHEDULE “A”
Zoning Amendment Bylaw (Alpine North Legacy Lands) No. 1880, 2008
SCHEDULE “B”
Zoning Amendment Bylaw
(Alpine North Legacy Lands) No. 1880, 2008
RM55 (RESIDENTIAL MULTIPLE FIFTY FIVE) ZONE
Intent
The intent of this zone is to provide for the development of a mix of low and medium
density detached, duplex and townhouse residential dwellings.
In an RM55 Zone:
Permitted Uses
1.1
The following uses are permitted and all other uses are prohibited:
(a) auxiliary uses including auxiliary residential units in detached dwellings;
(b) park and playground;
(c) residential use in a detached dwelling;
(d) residential use in a duplex dwelling;
(e) residential use in a townhouse building.
Density
2.1
No more than a combined total of 48 dwelling units (not including auxiliary
residential units) located within detached and duplex dwellings are permitted in the
RM55 Zone.
2.2
No more than 41 dwelling units located within townhouses are permitted in the RM55
Zone.
2.3
The maximum permitted gross floor area of a detached dwelling is 325 square metres
or a floor space ratio of 0.35, whichever figure is lower.
2.4
The maximum permitted gross floor area of a duplex dwelling is 465 square metres or
a floor space ratio of 0.4, whichever figure is lower.
2.5
The maximum permitted gross floor area of dwelling unit located within in a
townhouse building is 200 square metres.
Height
3.1
The maximum permitted height of a detached or duplex dwelling is 7.6 metres.
3.2
The maximum permitted height of a townhouse building is 10.7 metres,
3.3
Notwithstanding Section 5.14.2 of this Bylaw, the maximum permitted height of an
accessory building for garage or carport use is 5 metres.
Zoning Amendment Bylaw (Alpine North Legacy Lands Lands) No.1880, 2008
Page 2
Site Dimensions
4.1
The minimum permitted parcel area for a detached or duplex dwelling is 695 square
metres.
4.2
The minimum permitted parcel area for a townhouse building is 1200 square metres.
4.3
The minimum permitted frontage of any parcel is 18 metres.
Site Coverage
5.1
The maximum permitted site coverage for detached and duplex dwellings is 35
percent.
Setbacks
6.1
The minimum permitted building setbacks from parcel boundaries are as follows:
Type of building
Front
Rear
Side
Detached or duplex dwelling
7.6 metres
6 metres
3 metres
Townhouse
7.6 metres
7.6 metres
7.6 metres
Off-Street Parking and Loading
7.1
Off-street parking and loading spaces shall be provided and maintained in accordance
with the regulations contained in Section 6 of this Bylaw.
Other Regulations
8.1
No Owner may subdivide any parcel in the RM55 zone unless, concurrently with the
subdivision, the Owner grants to the Municipality a covenant under section 219 of the
Land Title Act restricting the use of the Land and the construction of buildings and
structures on the Land such that the density of development permitted by this Bylaw is
allocated among the individual parcels to be created by the subdivision.
R E P O R T ADMINISTRATIVE REPORT TO COUNCIL
PRESENTED:
August 25, 2008
REPORT:
08 - 131
FROM:
Community Planning
FILE:
RA.1004
SUBJECT:
ZONING and OCP AMENDMENT – ALPINE NORTH LEGACY LAND
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER:
That the recommendation of the General Manager of Community Life be endorsed.
RECOMMENDATION
That Council consider giving first reading to Official Community Plan Amending Bylaw (Alpine North
Legacy Land) No. 1879, 2008;
That Council has examined draft Bylaw 1879 in accordance with section 879 of the Local Government
Act and advises the following:
1. A Public Open House regarding the proposed development was held by the RMOW and the
Squamish and Lil’wat Nations on July 14, 2008, and presentation materials remained on display
at the Squamish Lil’wat Cultural Centre for one month following the open house.
2. RMOW staff has discussed the proposed development with representatives from Squamish and
Lil’wat Nations.
3. Information on the proposed development will be forwarded to School District 48.
That Council consider giving second reading to Official Community Plan Amendment Bylaw (Alpine
North Legacy Land) No. 1879, 2008;
That Council consider giving first and second readings to “Zoning Amendment Bylaw (Alpine North
Legacy Land) No. 1880, 2008”;
That Council stipulate that the parkland dedication provisions of section 941 of the Local
Government Act are satisfied upon completion of the dedication of those lands identified as parks or
public use pursuant to Zoning Amendment Bylaw 1880, 2008;
That Council authorize the Corporate Officer to schedule a public hearing regarding Bylaws 1879,
2008 and 1880, 2008 and to advertise for same; and further
That Council stipulate that any consideration of the adoption of Zoning Amendment Bylaw 1880, 2008
be subject to a report from the General Manager of Community Life as to the resolution of any
outstanding rezoning conditions as outlined in Appendix B to this report (including the registration of a
covenant including the terms listed in Appendix B, #6), and application processing fees.
Zoning Amendment - Alpine North)
Page 2 ...
(August 25, 2008)
REFERENCE
Name of Applicant:
Property Address:
Legal Description:
Neighbourhood Area:
Squamish and Lil’wat Nations
N/A
Block F, District Lots 3861 and 4755, together with a portion of Block G,
District Lots 4755 and 8077
Alpine Meadows - Emerald Estates
Current Zones:
RSE1 (Residential Single Estate One)
RR1 (Rural Resource One)
Proposed Zones:
RM55 (Residential Multiple Fifty Five)
LCB1 (Leisure Conservation Buffer One)
Appendices
“A” Location Maps
“B” Conditions for Resolution Prior to Adoption Consideration
NATURE OF REQUEST
As contemplated in the Legacy Land Agreement, the Squamish and Lil’wat Nations have applied to
rezone the Alpine North Legacy Land Block 2 Lands for residential development.
PURPOSE O F REPORT
This report recommends that Council consider giving first and second readings to the OCP and Zoning
Amendment Bylaws that would permit detached, duplex and townhouse dwellings on the First Nations
Legacy Land known as Alpine North Block 2. The report also recommends that the new zoning apply to a
2-hectare portion of the RMOW Community Land Bank Lands so that the proposed development may
extend to these lands rather than disturbing certain areas of mature forest and steep slopes on the Alpine
North Block 2 site.
DISCUSSION
Background
Through its consideration of OCP Amendment Bylaw 1846, 2008 RMOW Council is in the process of
establishing the new Resort Land Trust designation. This designation will apply to the Function Junction
Lands, the Callaghan Valley Area Lands, the Callaghan Valley Entrance Lands, the Green Lake Area, the
Cougar Pit Lands, and the Alpine North Block 2 Lands. In a related decision, Council on July 7th 2008
authorised further processing of the Nations’ application to permit residential development on the Alpine
North Block 2 Lands, as contemplated in the Legacy Land Agreement.
The 14 hectare (33 acre) Alpine North parcel lies on a south facing, forested hillside directly above the
northern boundary of the developing Rainbow neighbourhood. Topography is varied and includes
benches, draws, ridges and some areas with slopes greater than 30%. The key hydrological feature is
Baxter Creek, which flows from north to south near the western property boundary. Vegetation is
characteristic of the Coastal Western Hemlock biogeoclimatic zone, with a mix of western hemlock,
redcedar, Douglas fir, amabilis fir and pine trees. Mature forest occupies the middle third of the site.
These physical characteristics provide some wildlife habitat and make the site a potential wildlife
movement corridor. Recent human uses include forestry, clearing for the Rainbow ski area, a paintball
operation, and mountain cycling. The site lies within the traditional territory of the Squamish and Lil’wat
Zoning Amendment - Alpine North)
Page 3 ...
(August 25, 2008)
Nations; the Land and Resources office of the Lil’wat Nation confirmed that an archaeological study has
been complete for the property.
Prior to receiving an application for Alpine North the RMOW commissioned a preliminary analysis of
the site to assess its capacity for low-density residential development. This analysis suggested that land
could accommodate approximately 70 lots conforming to the standards of the RS1 zone. Following more
detailed study the Nations’ submitted an application suggesting a mix of detached and townhouse
dwellings, and identified certain areas of mature forest for protection from any development. Through
various iterations the site plan has evolved to its current configuration of approximately 48 detached
dwellings and 41 townhouse units.
Revised Development Program
The proposed development density, arrangement and unit mix results from three principal
considerations. First, the Legacy Land Agreement allocated certain development rights (approximately
450 bed units) to the Nations’ Alpine North Lands. The Nations and RMOW are mutually interested to
create a site plan and associated zoning to accommodate these rights while respecting the Municipality’s
typical development requirements 1 . Second, the Agreement endorsed a mix of detached and multi–unit
residential development – the balance of which was not specified. The Nations seek a development
program that responds to market demand for different unit types, and locates various unit types
appropriately given the constraints and opportunities presented by the site. These site constraints and
opportunities are the third key factor in the proposed development program: varied topography, the
Baxter Creek watercourse and significant areas of mature forest require balancing site disturbance with
ecosystem protection. The Nations and the RMOW were challenged to allocate all of the proposed
development rights without compromising a shared desire to maintain certain environmental values.
In light of these considerations the Nations proposed a subdivision for residential use on their property
in Alta Vista (“the BCBC site”) rather than developing the entire Alpine North Block 2 site. Based on
unresolved concerns identified in a July 7th staff report, Council accepted a recommendation to delay
further processing of the Nations’ Alta Vista proposal. Instead the parties agreed to consider development
on a portion of the RMOW Community Land Bank Lands adjacent to the Alpine North Block 2 parcel.
This new direction forms the basis for the Zoning Amendment recommended in the present report. In
summary, it proposes:
• Protection from any development of certain areas of the Alpine North Block 2 parcel;
• Rezoning to allow residential use on a 2 hectare portion of adjacent RMOW-owned land.
Initial Environment Reviews completed for both parcels indicate that the ecological significance of the
lands to be protected under this scenario outweighs that of the newly proposed development area: the
proposal re-locates residential use to an area of primarily second growth forest in order to preserve
significant mature trees. The gentler topography, lower elevation and more accessible location of the new
area will also reduce the excavation and re-grading required for roads and building sites.
Proposed Zoning and OCP amendments
Bylaws 1879, 2008 and 1880, 2008 would enact the OCP and Zoning amendments required to
accommodate the proposed mixed residential development, and parkland designation, of the Alpine
1 The Legacy Land Agreement provides that OCP and Zoning Amendments in respect of the Alpine North Block 2
Land “will not alter or abridge the requirement for zoning and a development application consistent with the
Municipality’s then current planning bylaws, policies, guidelines and standards”.
Zoning Amendment - Alpine North)
Page 4 ...
(August 25, 2008)
North Block 2 site and an adjacent parcel. The OCP amendment establishes a new development permit
area for the site, along with guidelines for environmental protection, protection from hazards, form and
character of multi-unit buildings, and energy and water conservation 2 . The new residential zoning would
permit up to 48 units in detached or duplex dwellings, and up to 41 units in townhouse buildings. In
terms of unit size, detached dwellings would be limited to a maximum of 325 square metres gross floor
area, duplexes limited to 450 square metres, and townhouse units limited to 200 square meters. A
significant area of mature forest on the upper portion of the property, along with a buffer along Baxter
Creek, would be zoned as park using the existing LBC1 designation (Leisure Conservation Buffer One).
POLICY CONSIDERATIONS
Official Community Plan
Residential development of the Alpine North site is proposed in the Legacy Land Agreement, consistent
with the Whistler2020 direction to keep development within the Function Junction – Emerald Estates
corridor, and identified in the Resort Land Trust designation that will be applied to the lands through
OCP amendment Bylaw 1846. It is not, however, articulated or integrated in other key sections of
Whistler’s Official Community Plan. An OCP amendment is therefore required to establish a
Development Permit designation and associated guidelines applicable to the Lands, and to effect changes
in the following schedules:
B-1
F-1
H-1
I-1
M-7
N-7
P1
Q1
Development Areas
Recreation Plan
Municipal Services, Sewer and Water
Municipal Services, Fire Protection
Environmentally Sensitive Areas-1
Development Constraint Areas
Development Permit Areas, Location
Development Permit Areas, Designation
Rezoning Review Policy
Whistler’s Official Community Plan directs that the following considerations be reviewed in conjunction
with an application for rezoning. Each of these items is addressed with a description of the relevant
issues.
Environmental Considerations
An Initial Environmental Review has been prepared for the lands. It identifies no major constraints to
development and suggests that the site is suitable for the proposed use provided that the following
conditions are respected:
-completion of a RAR assessment…
-notification or approval under the BC Water Act to undertake changes in and about a stream
-notification to or authorization from the Department of Fisheries and Oceans
-avoiding harm to nesting birds from April 1 – July 15
Guidelines in respect of energy and water conservation are a permitted by recent changes to the Local
Government Act. Alpine North will be Whistler’s first development permit area that specifically references
these objectives.
2
Zoning Amendment - Alpine North)
Page 5 ...
(August 25, 2008)
The IER also contains recommendations to minimize the impact of development. Certain of these are
met through the proposed park zoning, others are included in the proposed Development Permit Area
guidelines, and the remainder will be enforced through a Comprehensive Development Covenant
registered on title as a condition of bylaw adoption.
Traffic Volumes and Patterns on Highway 99
Staff are of the view that the new development will be adequately served by the signalized, channelized
intersection currently under construction for the entrance to the Rainbow development. Confirmation
will be required in the form of a traffic report or approval from the provincial Ministry of Transportation.
Traffic Volumes and Patterns on the Local Road System
It is assumed that the public road proposed for the Rainbow development will provide adequate local road
access to the Alpine North Block 2 site. A traffic report to confirm this assumption will be required prior
to Bylaw adoption.
Overall Patterns of Development of the Community and Resort
The proposed development pattern locates higher density residential development closer to the proposed
Rainbow neighbourhood, with lower density elsewhere on the site. This arrangement provides a
transition between the immediate neighbouring parcel – Rainbow, and the nearby settlement patterns of
Alpine and Emerald, which are lower-density areas.
Municipal Finance
All development costs, including a contribution to the incremental costs of site servicing (water and
sewer) will be borne by the developer. The new units will generate property tax revenue for the
Municipality, as well as costs to provide certain services and amenities (e.g. recreation services). In many
cases residential land use represents a net loss for local government; however, in the strata scenario some
costs (e.g. snow clearing) are covered by a private corporation rather than a public agency.
Views and Scenery
The site is visible from Highway 99, and many other viewpoints throughout the community. The extent
of disturbance will be significant for the townhouse sites and road access, and also notable for the lower
density housing. DP Guidelines and other measures will be in place to protect and revegetate where
possible, and to ensure that the buildings are appropriately designed. Protection of the upper reaches of
the site will attenuate somewhat the visual impact of this development.
Existing Community and Recreation Facilities
One documented mountain cycling trail traverses the property. Maintenance and/or re-routing of this
trail will be required as a condition of development approval.
Resident Housing
No resident housing is proposed, or required as a condition of approval.
Heritage Resources
Zoning Amendment - Alpine North)
Page 6 ...
(August 25, 2008)
No heritage resources are identified on the site. An archaeological study has been conducted by the
Lil’wat Land and Resources Department.
WHISTLER 2020 ANALYSIS
Strategy
Partnership
Built
Environment
Water
Strategy
Descriptions of success that resolution moves
us TOWARD
Stakeholders work together on decisions that
affect them and collaborate with neighbouring
municipalities and First Nations.
Comments
The proposed OCP and zoning amendments are
the outcome of collaboration between the RMOW
and neighbouring First Nations.
Partners support each other and live up to the
agreements established within partnerships.
The RMOW is living up to an agreement by
considering OCP and zoning amendments for
lands subject to the Legacy Land Agreement.
Limits to growth are understood and respected.
The Legacy Land Agreement allocates residual
bed units to the Alpine North site.
Landscaped areas consist of native plant species
that eliminate the need for watering and
chemical use.
In DP Guidelines.
Effective stormwater management and flood
control measures are in place, and replicate
natural hydrological systems and functions as
much as possible.
In DP Guidelines.
Descriptions of success that resolution
moves AWAY FROM
Mitigation Strategies
and Comments
Continuous encroachment on nature is
avoided.
The new subdivision, including proposed parkland,
could be designed to minimize development impacts
and protect certain ecologically significant features
such as mature trees and riparian areas.
Residents live, work and play in relatively
compact, mixed use neighbourhoods that
reflect Whistler’s character and are close to
appropriate green space, transit, trails,
amenities and services.
The new zoning will not create compact, mixed use
development. Proposed townhouses are more compact
than detached units. Dwellings are close to trails, green
space, and proposed transit, amenities and services.
Transportation
Whistler policy, planning and
development prioritize preferred methods
of transportation.
Walking, cycling and transit will be available for
residents of this development, but vehicle access and
circulation remain the key determinant of subdivision
planning, design and layout.
Natural Areas
Use of critical natural areas is avoided and
use of surrounding areas is limited to
ensure ecosystem integrity.
Development has been configured to preserve areas of
mature forest and watercourses.
Built
Environment
Zoning Amendment - Alpine North)
Page 7 ...
(August 25, 2008)
COMMUNITY ENGAGEMENT AND CONSULTATION SUMMARY
The RMOW co-hosted an open house on the subject of RA.1004 at the Squamish Lil’wat Culture Centre
on July 14th 2008. Approximately 30 people attended, none voiced objections to the proposed
development. Comment forms are attached. The proposed unit mix and site plan, including the park
dedication and extension of development into adjacent RMOW Land Bank Lands, were not presented at
the public open house.
Respectfully submitted,
Guy Patterson
HOUSING PLANNER
for
Bob MacPherson
GENERAL MANAGER OF COMMUNITY LIFE
Budget Considerations reviewed by
Name of Reviewer
TITLE OF REVIEWER
\filename
Zoning Amendment - Alpine North)
Page 8 ...
(August 25, 2008)
Appendix “A”
Location Map
Subject Land
Zoning Amendment - Alpine North)
Page 9 ...
(August 25, 2008)
Appendix “B”
Conditions for Resolution Prior to Adoption Consideration
1.
Provision of conceptual servicing information.
2. Submission of a traffic impact assessment, addressing the likely impacts of the proposed
development on Highway 99 and the local road system.
3. Receipt of a contribution equal to that contribution paid to Whistler Rainbow Properties for
sanitary sewer upgrades undertaken for the benefit of the Alpine North Block 2 parcel.
4. Receipt of documentation from the provincial government, pursuant to the Riparian Areas
Regulation (RAR), authorizing the rezoning to proceed.
5. Provision of plans, details and specifications showing the overall plan for pedestrian circulation
to, from and throughout the site, to the satisfaction of the General Manager of Community Life.
6. Registration of a restrictive covenant pursuant to Section 219 of the Land Title Act, requiring that
the following conditions are fulfilled prior to any further subdivision or use of the land:
a. Provision of all necessary agreements and securities for the dedication and construction
of a trail built to the Type IV specifications as described in the Whistler Trail Standards,
which trail shall reconnect the existing “Shit Happens” trail identified in the Initial
Environmental Review prepared by Cascade Environmental Resource Group.
b. Provision of all necessary agreements and securities for the dedication and construction
of any trails, ramps, stairs, landscaping or other infrastructure required to implement the
pedestrian circulation plan described in #5, above.
c. Provision of plans, specifications and securities for the provision of recycling/garbage
storage structures for each of the proposed residential strata corporations to the
satisfaction of the General Manager of Community Life.
d. Provision of a Section 219 Land Title Act restrictive covenant, in a form satisfactory to the
General Manager of Community Life, requiring that all structures be equipped with fire
suppression sprinklers.
R E P O R T ADMINISTRATIVE REPORT TO COUNCIL
PRESENTED:
REPORT:
July 7th, 2008
FROM:
FILE:
Community Life
08 - 96
RA.1004; RA .1005;
and RA.1006
SUBJECT:
FIRST NATIONS’ REZONING APPLICATIONS
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER:
That the recommendation of the General Manager of Community Life be endorsed.
RECOMMENDATION
That Council endorse further review and authorize staff to schedule a public open house to obtain public
input for Rezoning Application RA.1004; and
That Council endorse further review and authorize staff to schedule a public open house to obtain public
input for Rezoning Application RA.1005.
REFERENCE
Application
RA.1004
RA.1005
RA.1006
Owners
0708173 BC Ltd.
0775448 BC Ltd.
0733099 BC Ltd
Locations
North of Rainbow
neighbourhood
Function Junction
Alta Vista
PIDs
027-022-005
027-021-891
006-927-416
Legal descriptions
Block F, DL 3861 &4755
DL 8078
DL 5615
Current Zoning
RSE1
RR1
RR1
Proposed Zoning
Mixed Residential
CS1 and IS4
Townhouse
Residential
Appendices
“A” Subject land and site
topography
“B” Subject land and
site topography
“C” Subject land and
site topography
“D” Application cover letter
NATURE OF REQUEST
The Squamish and Lil’wat Nations have applied to rezone three parcels of land transferred recently to
their ownership pursuant to the Legacy Land Agreement.
(First Nations Rezoning)
Page 2 ...
(July 7th 2008)
PURPOSE OF REPORT
This report requests permission to proceed with staff review and public consultation on two of three
related applications for rezoning of lands transferred recently to the Squamish and Lil’wat Nations. The
requested new zoning regulations would allow: residential development on the Alpine North Block 2 site,
light industrial and commercial uses at Function Junction, and residential development near Alta Vista at
3000 Highway 99.
DISCUSSION
In May 2007 the RMOW, the Squamish Nation and the Lil’wat Nation signed a Legacy Land Agreement.
The terms of the Agreement include the RMOW considering an OCP amendment to establish the
“Resort Land Trust” designation and apply it to certain land within municipal boundaries. That OCP
amendment is currently being considered by Council. The following discussion summarizes each of
three rezoning applications presented in association with the Legacy Land Agreement.
Alpine North Residential (RA.1004)
Of the three applications presented, the Alpine North proposal is the most clearly articulated in the
Legacy Land Agreement, which includes the following clauses:
•
•
•
•
•
the Nations hold fee simple title to the Alpine North Block 2 Lands
the Nations will prepare a master development plan for those lands
Whistler will consider a development application consistent with the master development plan
Whistler will transfer bed units to the Nations
Whistler will consider a zoning amendment to permit development of those bed units on the
Alpine North Block 2 Lands
The RMOW commissioned a preliminary analysis of the 30-acre Alpine North Block 2 parcel, which
suggested the land could support roughly 70 lots conforming to the minimum parcel area, usable site
area, and frontage requirements of the RS1 zone. It accounted for road access from the Rainbow Lands,
riparian preservation, park dedication and an off-site reservoir. With RA.1004, the Nations have
submitted alternative site plans for a mix of detached and multi-unit dwellings.
The Alpine North application proposes approximately 45 detached dwellings and 20 – 30 townhouse
units, and suggests zoning to permit both types. Proposed units are sited to avoid development within
the riparian area of Baxter Creek and to leave undisturbed some areas of mature forest. An Initial
Environmental Review (IER) included with the application provides recommendations to minimize the
impact of development on existing flora, fauna and hydrology. No critical ecological constraints are
identified in the initial review; additional field surveys are underway.
Topography presents some constraints to development such that proposed road alignment and associated
building sites may require further refinement to meet municipal standards. Steep slopes occur most
notably along the northeast and northwest boundaries of the site. A geotechnical report prepared for the
site identifies rock fall hazards and mitigation measures, but no other slope instability, debris flow or
debris flood concerns.
Site servicing will require the development of additional capacity in existing systems, including upgraded
sewer and water pumping stations and a new water reservoir. A storm water management plan,
identified in the IER, will be developed through the application process and required prior to subdivision.
(First Nations Rezoning)
Page 3 ...
(July 7th 2008)
Vehicle access requires an extension of the public road that will be built for the Rainbow neighbourhood.
Internal circulation would be provided by this public road and additional strata roads. Pedestrian and
bicycle connections can also be accommodated by extending existing roads, sidewalks, paths and trails.
Transit service will be extended to the Rainbow neighbourhood, but may not be located within
convenient walking distance for all of the proposed Alpine North units. An existing recreational trail is
shown relocated through the site but its alignment is not verified.
Function Junction Commercial / Light Industrial (RA.1005)
The Legacy Land Agreement and associated Resort Land Trust OCP amendment contemplate the
following form of development for the Function Junction site: “an area to be used only for an operation
which assembles, improves, treats, compounds or packages goods or materials in a manner which does
not create a noticeable amount of noise, dust odour, smoke, glare or vibration beyond the parcel of land
on which the activity takes place and which does not otherwise detract from the natural environment or
liveability of the Resort Municipality of Whistler”. In short, the land use described is light industrial.
The Nations’ proposal for the Function Junction parcel is not entirely consistent with the above
description. Commercial zoning (CS1) is proposed for the eastern quarter of the site to accommodate a
service station, and the suggested Industrial Service Four (IS4) zone applied to the remainder of the
parcel includes certain uses not captured in the light industrial description quoted above. Notably, IS4
zoning would permit restaurant, retail and service commercial operations in addition to the more
conventional light industrial uses described in the pending OCP designation.
Commercial and industrial development will generate a requirement to provide employee housing, as
per RMOW Bylaw 1507. Proposed zoning would permit employee units within the commercial or light
industrial buildings to be located on the site.
An Initial Environmental Review for the property presents no environmental constraints to development.
Vegetation is primarily second growth hemlock and fir; some mature trees providing wildlife habitat
were identified. The IER concludes that rare or endangered animal species are not likely to inhabit the
site. Similar conclusions are found in a geo-hazards assessment for the Function Junction site, which
states that “the site can be safely developed for the use intended”. RMOW staff have requested further
information with respect to potential flood hazard and mitigation measures.
Site servicing, access and circulation present some challenges to the proposed development. On review of
the servicing design brief, RMOW staff note that the sewer main identified for connection is not
available. An alternative solution will be developed prior to preparing a zoning amendment for this site.
Vehicular access to the site is proposed from a new public road intersecting Alpha Lake Road. Given the
volume of traffic expected in association with the proposed service station use for the eastern end of the
site, a more detailed traffic study and intersection design will be required. The design of the proposed
new public road also requires further refinement. Because the land uses and densities permitted on the
site will affect potential traffic patterns, staff will work with the applicant to address these items prior to
proceeding with zoning changes.
The location of the Function Junction site adjacent to Highway 99 at the southern entrance to the
Municipality demands careful attention to site planning, landscaping and building design. A minimum
20 metre vegetation buffer will be required between the Highway and any buildings on the site. Building
and landscape design may be subject to development permit guidelines.
(First Nations Rezoning)
Page 4 ...
(July 7th 2008)
Alta Vista Residential (RA.1006)
RA.1006 proposes residential development on a four-hectare parcel of land located on the southeast side
of Highway 99 between Nordic Estates and Brio, which has been partially cleared and graded to
accommodate heavy equipment and salt storage. This parcel is commonly known to as the Capilano
Highways Yard or the BCBC Land; it is referred to in this report as the Alta Vista site. Various concept
plans prepared for the site show either detached, townhouse or apartment-style residential development,
with up to two thirds of the area protected as green space.
Although the Alta Vista site has good proximity to Whistler Village, Creekside and existing residential
neighbourhoods, further analysis is required to determine its appropriateness for the development
proposed in RA.1006. Staff do not recommend proceeding with a public open house for this application
for the following reasons:
•
Though transferred to the Nations’ ownership along with the other parcels included in the Legacy
Land Agreement, development of the Alta Vista site is not specifically contemplated in the
Agreement or through the Resort Land Trust OCP designation.
•
A preliminary traffic analysis suggests that vehicle access to and from the proposed site is
problematic. Neither the existing access point nor a possible alternative intersection at Hillcrest
Drive resolve concerns with respect to visibility, safety, local circulation patterns and traffic delays.
•
Connectivity to the Valley Trail or other pedestrian and bicycle routes is unresolved and presents
challenges.
•
•
The site is contaminated and remediation work is still underway.
Proposed multi-unit development is directly below steep slopes with potential stability concerns
identified in a geo-technical assessment.
The following tables summarizes all three development proposals.
Alpine North
Function
Alta Vista
Legacy Land
Agreement
Detached and multiunit residential
Light Industrial
N/A
Proposed
Land Use
Up to 45 detached, 2030 townhouse units
Light industrial, commercial
service station, retail, restaurant.
15 detached dwellings,
possible townhouses.
Proposed
Zoning
Mixed Residential
CS1 and IS4
Townhouse Residential
Potential
Constraints
Public road standards,
stream protection,
topography.
Highway and Alpha Lake Road
access, floodplain, landscape
screening, public road standards.
Site remediation, highway
access, topography, stream
protection.
Refine road design.
Review proposed land uses,
traffic study.
Discuss with provincial
ministries, consider traffic
analysis and review other
staff concerns.
Next steps
(First Nations Rezoning)
Page 5 ...
(July 7th 2008)
Advisory Planning Commission
Although the Advisory Planning Commission has not reviewed the rezoning applications described in
this report, they did consider the Resort Land Trust OCP amendment on May 1st, 2008. Their comments
are thus germane. As per an excerpt from the draft minutes cited below, the APC supported proposed
residential use for the Alpine North Block 2 lands and light industrial uses for the Function Junction site,
but did not support a change from the current use of the Alta Vista property.
That the Advisory Planning Commission thanked staff for the Resort Land Trust presentation and
supports the sub-designations. The APC would prefer development of residential to remain within the
Alpine North Block 2 residential land reserve and no accommodation within the Resort Infrastructure
or Rural Resource land reserves; and,
That the APC supports the historic use of the BCBC lands as a maintenance/ works facility and
considers this the most appropriate use for this land.
WHISTLER 2020 ANALYSIS
In terms of Whistler’s sustainability objectives, the three applications are most consistent with #4:
reducing and eliminating our contribution to systematically undermining the ability of others to meet
their basic needs. The Legacy Land Agreement creates economic opportunities for local First Nations by
transferring fee simple title to certain lands within the RMOW and allocating development rights to
those lands. As described in a letter signed by Chiefs Gibby Jacob and Leonard Andrew of the Squamish
and Lil’wat Nations, the development proposed for the Alpine North, Function and Alta Vista parcels will
bring “economic, cultural, and relationship opportunities”.
W2020 Strategy
Partnership
Descriptions of success that resolution
moves us TOWARD
Stakeholders work together on decisions
that affect them and collaborate with
neighbouring municipalities and First
Nations.
Comments
The proposed OCP and zoning amendments are
the outcome of collaboration between the RMOW
and neighbouring First Nations.
Partners support each other and live up to
the agreements established within
partnerships.
The RMOW is living up to an agreement by
considering OCP and zoning amendments for
lands subject to the Legacy Land Agreement.
Built
Environment
Residents live, work and play in relatively
compact neighbourhoods that reflect
Whistler’s character and are close to
appropriate green space, transit, trails,
amenities and services.
All three proposed development areas are close to
trails, amenities and services. Function is an
archetypal infill site, new uses at Function will be
accessible to new Cheakamus Crossing residents.
Economic
Locally owned and operated businesses
thrive and are encouraged as an essential
component of a heathy business mix.
New commercial and light industrial zoning at
Function could create opportunities for locally
owned businesses.
Natural Areas
Developed areas managed to protect as
much of the natural environment within
and around them as possible.
Careful subdivision planning and design is
proposed to protect streams and mature forests.
Quantity and mix of housing.
Function proposal presents opportunities for
employee restricted live-work units.
Healthy streams, rivers, lakes and wetlands
support thriving populations of fish, wildlife
and aquatic invertebrates.
Alta Vista proposal suggests daylighting of
Garbanzo Creek.
Resident Housing
Water
(First Nations Rezoning)
Page 6 ...
(July 7th 2008)
W2020 Strategy
AWAY FROM
Descriptions of success that resolution
moves away from
To maintain vibrancy, Whistler Village is
the core of the resort community.
The built environment is attractive and
vibrant, reflecting the resort community’s
character, protecting viewscapes and
evoking a dynamic sense of place.
Built Environment
Natural Areas
Continuous encroachment on nature is
avoided.
Mitigation Strategies
and Comments
Proposed commercial uses for Function site could
compete with Village; zoning definitions may be
refined to mitigate.
Proposed commercial and industrial uses adjacent
to Hwy 99 at entrance to the community will be
subject to landscape screening and design
guidelines.
New development can be designed to minimize
development impacts and protect certain
ecologically significant features.
Residents live, work and play in relatively
compact neighbourhoods that reflect
Whistler’s character and are close to
appropriate green space, transit, trails,
amenities and services
Proposed zoning for Alpine allows some low
density, single-use development; multi-unit
dwellings are permitted and could be encouraged.
A policy of no net habitat loss is followed,
and no further loss is preferred.
New development disrupts habitat but careful
planning and design is proposed to protect certain
key features and corridors.
OTHER POLICY CONSIDERATIONS
Official Community Plan
Consistent with the Legacy Land Agreement, Council is considering an OCP amendment to establish the
Resort Land Trust designation and apply it to lands transferred recently to First Nations ownership.
Assuming adoption of the associated amending bylaw, residential development proposed for the Alpine
North lands is supported by the new “Land Reserve – Residential” designation to be included in OCP.
Commercial and light industrial development proposed for Function Junction is not entirely consistent
with the “Land Reserve – Light Industrial” designation that will apply to the parcel in question, although
many of the proposed uses are contemplated. Because the Alta Vista parcel is not included in the Legacy
Land Agreement or OCP, an OCP amendment bylaw would be required to accommodate the proposed
residential development.
Whistler’s OCP outlines specific items for review with respect to rezoning applications. Many of these
considerations are described in more detail in the Discussion section of this report (see above). A brief
summary follows:
Environmental Considerations
Traffic volumes and patterns on
Highway 99
Traffic volumes and patterns on the
local road system
IER submitted for each application, key issues and recommendations
identified, mitigation plans will be required, provincial Riparian Area
Regulation applies for Baxter and Garbanzo Creeks.
Function Junction and Alta Vista require further study.
Function Junction (Alpha Lake Road) requires further study.
Overall patterns of development of
the community and resort
Range of uses proposed for Function Junction requires further
consideration.
Municipal Finance
New development generates property tax revenue, although costs to
the municipality may outweigh revenue in the case of residential uses.
(First Nations Rezoning)
Page 7 ...
(July 7th 2008)
Views and Scenery
Visual impact analysis will be required.
Existing Community and
Recreation Facilities
The existing recreation trail through Alpine North will be re-aligned.
Employee Housing
Function Junction development will create ‘charging event’ (BL 1507).
Heritage Resources
No known impacts, further study may be required.
COMMUNITY ENGAGEMENT AND CONSULTATION SUMMARY
No formal community engagement has been undertaken with respect to the applications. This report
requests council permission to schedule one public open house for RA.1004 (Alpine North) and RA.1005
(Function Junction).
Respectfully submitted,
Guy Patterson
HOUSING PLANNER
for
Bob MacPherson
GENERAL MANAGER OF COMMUNITY LIFE
\filename
Appendix A - Subject Land
RA. 1004 (Alpine North Residential)
Subject Land
Appendix B - Subject Land
RA. 1005 (Function Junction Commercial / Light Industrial)
Subject Land
Appendix C - Subject Land
RA. 1006 (Alta Vista Residential)
Alta Lake
Highway 99
MINUTES
SPECIAL MEETING OF MUNICIPAL COUNCIL
M O N D A Y , A U G U S T 2 5 T H , 2 0 0 8 , STARTING AT 6:30 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place
4335 Blackcomb Way, Whistler, BC V0N 1B4
PRESENT:
Acting Mayor: Councillor R. Forsyth
Councillors: G. McKeever, B. Lorriman, T. Wake, N. Wilhelm-Morden
ABSENT: Mayor Melamed, Councillor E. Zeidler
Chief Administrative Officer, B. Barratt
General Manager, Economic Viability, L. Landry
General Manager of Community Life, B. MacPherson
General Manager, Environmental Services, B. Barnett
Manager, Community Planning, B. Brown
Manager, Recreation Services, R. Weetman
Manager, Environmental Projects, J. Hallisey
Manager of Communications, Michele Comeau-Thompson
Manager of Legislative Services/Corporate Officer S. Story
Planning Analyst, K. Salin
Housing Planner, G. Patterson
Communications Specialist, M. Darou
Communications Officer, K. Thompson
Recording Secretary, A. Winkle
APPROVAL OF AGENDA
Moved by Councillor McKeever
Seconded by Councillor Lorriman
That Council approve the Special Council agenda of August 25th, 2008 with the
following changes:
•
•
•
•
Removal of the presentation on Riverside Campground
Council consider Official Community Plan Amendment Bylaw (Alpine North
Legacy Land) No. 1879, 2008 for first and second readings as altered.
Council consider Zoning Amendment Bylaw (Alpine North Legacy Land) No.
1880, 2008 for first and second readings as altered.
The following administrative reports be moved to earlier in the agenda:
Tender Award - Fitzsimmons Creek Debris Barrier
Tender Award – Day Skier Parking Lot Upgrade
Day Parking Lots Development Permit
CARRIED
Council Special Meeting Minutes
Page 5
August 25, 2008
7. Payment of any outstanding development permit application processing fees
to date;
8. A hoarding plan.
9. All tenting sites in the floodway be removed.
That Council authorize the Mayor and the Corporate Officer to execute the required
documents in conjunction with this permit.
CARRIED
Cheakamus Crossing
Lot 5, Plan EPP277
Subdivision
Report No. 08-132
File No. DP 1029
Moved by Councillor Wake
Seconded by Councillor McKeever
That Council approve DP 1029, being a development permit application to subdivide
Lot 5, Plan EPP277; District Lot 8073, Group 1, New Westminster District subject to
the following:
1. Submission of revised development covenants for proposed lots A, B, and C, to the
satisfaction of the General Manager of Community Life.
CARRIED
Zoning and OCP
Amendment – Alpine
North Legacy Land
Report No. 08-131
File No. RA.1004
Moved by Councillor Lorriman
Seconded by Councillor McKeever
That Council consider giving first reading to Official Community Plan Amending
Bylaw (Alpine North Legacy Land) No. 1879, 2008;
That Council has examined draft Bylaw 1879 in accordance with section 879 of the
Local Government Act and advises the following:
1. A Public Open House regarding the proposed development was held by the
RMOW and the Squamish and Lil’wat Nations on July 14, 2008, and
presentation materials remained on display at the Squamish Lil’wat Cultural
Centre for one month following the open house.
2. RMOW staff has discussed the proposed development with representatives
from Squamish and Lil’wat Nations.
3. Information on the proposed development will be forwarded to School District
48.
That Council consider giving second reading to Official Community Plan Amendment
Bylaw (Alpine North Legacy Land) No. 1879, 2008;
That Council consider giving first and second readings to “Zoning Amendment Bylaw
(Alpine North Legacy Land) No. 1880, 2008”;
That Council stipulate that the parkland dedication provisions of section 941 of the
Local Government Act are satisfied upon completion of the dedication of those lands
identified as parks or public use pursuant to Zoning Amendment Bylaw 1880, 2008;
Council Special Meeting Minutes
Page 6
August 25, 2008
That Council authorize the Corporate Officer to schedule a public hearing regarding
Bylaws 1879, 2008 and 1880, 2008 and to advertise for same; and further
That Council stipulate that any consideration of the adoption of Zoning Amendment
Bylaw 1880, 2008 be subject to a report from the General Manager of Community
Life as to the resolution of any outstanding rezoning conditions as outlined in
Appendix B to this report (including the registration of a covenant including the terms
listed in Appendix B, #6), and application processing fees.
CARRIED
BYLAWS FOR FIRST READING
Official Community Plan
Amendment Bylaw
(Alpine North Legacy
Land) No. 1879, 2008
Moved by Councillor McKeever
Seconded by Councillor Lorriman
That Official Community Plan Amendment Bylaw (Alpine North Legacy Land) No.
1879, 2008 receive first reading as altered.
CARRIED
BYLAWS FOR SECOND READING
Official Community Plan
Amendment Bylaw
(Alpine North Legacy
Land) No. 1879, 2008
Moved by Councillor Lorriman
Seconded by Councillor Wake
That Official Community Plan Amendment Bylaw (Alpine North Legacy Land) No.
1879, 2008 receive second reading as altered.
CARRIED
BYLAWS FOR FIRST AND SECOND READING
Zoning Amendment
Bylaw (Alpine North
Legacy Land) No. 1880,
2008
Moved by Councillor Lorriman
Seconded by Councillor McKeever
That Zoning Amendment Bylaw (Alpine North Legacy Land) No. 1880, 2008 receive
first and second reading as altered.
CARRIED
BYLAWS FOR ADOPTION
Athletes’ Village
Temporary Borrowing
Bylaw No. 1885, 2005
Moved by Councillor Wilhelm-Morden
Seconded by Councillor Lorriman
That Athletes’ Village Temporary Borrowing Bylaw No. 1885, 2005 be adopted.
CARRIED
MINUTES
Regular Council Meeting
Page 3
July 7, 2008
INFORMATION REPORTS
2007 Whistler2020
Monitoring Report
Report No. 08-94
File No. 8200
Moved by Councillor Wake
Seconded by Councillor Forsyth
That Council receive the 2007 Whistler2020 Monitoring Report.
CARRIED
15 Passenger Van Safety
and Driver Training
Upgrades
Report No. 08-95
File No. 8028.01
Moved by Councillor Lorriman
Seconded by Councillor McKeever
That Council receive this information report.
CARRIED
ADMINISTRATIVE REPORTS
First Nations’ Rezoning
Applications
Report No. 08 – 96
File No. Ra.1004;
RA .1005; and RA.1006
Councillor Zeidler clarified that his previous conflict of interest with this topic is no
longer an issue and as such he will remain in the meetings for this topic going
forward.
Moved by Councillor Forsyth
Seconded by Councillor Lorriman
That Council endorse further review and authorize staff to schedule a public open
house to obtain public input for Rezoning Application RA.1004; and
That Council endorse further review and authorize staff to schedule a public open
house to obtain public input for Rezoning Application RA.1005.
Opposed: Councillor Forsyth
Security Issuing
Resolution
Report No. 08-97
File No. 1839, 1840, 1841,
1842
CARRIED
Moved by Councillor Forsyth
Seconded by Councillor Lorriman
That Council approves borrowing from the Municipal Finance Authority of British
Columbia, as part of their 2008 fall issue, $15,000,000 of the total $20,000,000 as
authorized through Loan Authorization Bylaw (Waste Water Treatment Plant
Upgrade) No. 1839, 2008, and that the Squamish Lillooet Regional District be
requested to consent to our borrowing over a 20 year term and include the borrowing
in their security issuing bylaw;
That Council approves borrowing from the Municipal Finance Authority of British
Columbia, as part of their 2008 fall issue, $6,000,000 as authorized through Loan
Authorization Bylaw (Solid Waste Transfer Station) No. 1840, 2008, and that the
Squamish Lillooet Regional District be requested to consent to our borrowing over a
20 year term and include the borrowing in their security issuing bylaw;
That Council approves borrowing from the Municipal Finance Authority of British
Columbia, as part of their 2008 fall issue, $3,539,000 as authorized through Loan
Authorization Bylaw (Library Construction) No. 1841, 2008, and that the Squamish
Lillooet Regional District be requested to consent to our borrowing over a 20 year
term and include the borrowing in their security issuing bylaw; and further