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 MINUTES 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 MINUTES Regular Council Meeting October 19, 2010 Page 3 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; MINUTES Regular Council Meeting October 19, 2010 Page 4 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