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Appendix a Ocp Public Hearing

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Appendix a Ocp Public Hearing APPENDIX A OCP PUBLIC HEARING AND REFERRAL COMMENTS REVIEW SUMMARY The following provides a summary of staff’s review of representations and submissions made to Council at the November 6, 2012 Public Hearing, and referral comments from the SLRD. BED UNITS Comments: Comments expressed that the bed unit limit impacts future opportunities and the economic viability and competitiveness of the resort community. Proponents seek preferred approach for “student bed units” related to University development, and for “Earned bed units” in recognition of development of on‐mountain lift facilities and capacity under provincial ski area policy. The Bed Unit limit came from the community consultation process; the message was strong and clear that a fixed cap was desired that could be relied on. The planning process had considered doing away with the bed unit measure as a tool for managing growth – this was not supported by the community. Whistler International Campus (formerly Whistler U) and Whistler Blackcomb proponents participated in community consultation sessions regarding growth management principles and draft growth management policies. The outcomes of these meetings did not support exceptions to the cap, or special provisions being created to accommodate either party. The policy developed supports considering new opportunities, subject to applying a high standard for increasing the cap and subject to significant community engagement. The Council‐ appointed Community Advisory Group recommended a referendum on any increase in the cap. This was not supported. The limited additional allowance of 477 bed units was supported as a means to facilitate opportunities of interest and benefit to the resort community without requiring an OCP amendment. The bed unit measure applies to all forms of accommodation, both residential and commercial accommodation, where the accommodation is permitted as a principal use under zoning. The measure is intended to reflect the servicing and facility requirements for one person. This is the same definition that applies within the current OCP. Bed units are allocated based on accommodation type and size. The current and proposed OCP do not grant exemptions from the capacity limit for certain classes of accommodation. Whistler Mountain and Blackcomb Mountain were historically allocated 7,500 bed units each for mountain facilities development for a total of 15,000 bed units. These bed units were allocated consistent with municipal growth management and development capacity policies of the day. No further bed unit allocations have been recognized by or provided for in the current or proposed OCP, or any subsequent Council policy. Details on these allocations are established within Council Policy G‐21 adopted in 2005, and attached for reference. Recommendations: No change is recommended to the policies related to Bed Units. Any new policy pertaining to Bed Units would be a fundamental and contentious change and would necessitate a new consultation process. WETLAND AND RIPARIAN DEVELOPMENT PERMIT GUIDELINES Comments: Comments expressed over clarity of guidelines, as well as application of the 100 metre assessment area for wetlands exceeding 10 hectares in size, Riparian Area Regulation and PAN (Protected Areas Network Network). The Whistler Protected Areas Network strategy and associated bylaw was initiated from the Whistler Environmental Strategy (initiated in 1998 and adopted in 2002). The WES was developed with staff and a Steering Committee of community stakeholders. A key element of this was establishing and managing a Protected Areas Network (PAN), an ecologically viable network of Whistler’s remaining critical areas of unique and sensitive ecosystems necessary to support local biodiversity and ecosystems functioning. Subsequently a PAN Task Force was established by Council who worked on the PAN Strategy and associated bylaws for 5 years between 2003 and 2008. Details of this process are presented in the accompanying memorandum from Heather Beresford, Manager Environmental Stewardship. Through the OCP update process the PAN strategy has been implemented in a narrower, more focused and simplified approach. Prior policy related dto prohibite and recommended land uses and development for a hierarchy of PAN ecosystems has been removed. The updated OCP establishes the ecosystem‐based management approach as policy (Goal 6.1 Implement an ecosystem –based management approach as a primary element of Whistler’s commitment to the environment.) This policy is implemented through the development permit area designations and associated guidelines. (Objective 6.1.1 Recognize that ecosystems mapping and the development permit area guidelines for protection of the natural environment are the foundation to Whistler’s ecosystem‐based approach to protecting the natural environment during land development). Through the OCP update process a decisione was mad to remove all references to PAN – this was a significant shift and of concern to many community members who supported the WES and PAN Strategy. Concerns related to this were expressed at community open houses to present the updated OCP. Staff supported this shift given the desire to have a focused, fair and cost effective approach that continued to maintain an effective tool and guidelines for managing future development consistent with the overall goal of maintaining the ecological viability of Whistler’s remaining areas of sensitive and important ecosystems. Throughout the many years of study, analysis and policy development concerning protection of Whistler’s natural environment, Whistler’s remaining wetland areas have consistently been recognized as the most important and sensitive ecosystem type requiring the highest levels of protection. The best available science as reviewed through the PAN process, recommended that in most cases a 30 metre buffer area is appropriate to address wetland water quality functions, whereas protection of wetland habitat and ecosystem connectivity, as well as wetland hydrology, typically require a larger area of consideration. The 100 metre assessment area was established for the 2 largest remaining wetland complexes in the Whistler Valley, taking into consideration the importance of these wetlands relative to ecosystem connectivity and supporting local biodiversity. The DPA guidelines do not prevent development ine th 100 metre assessment area. They are written to ensure development is located and designed to maintain wetland hydrologic systems, protect water quality, maintain habitat and protect connectivity. The Development Permit requirements for this designation also cannot take away development rights under existing zoning including permitted uses and density. Recommendations: The guidelines contained in the OCP bylaw giving 1st and 2nd reading and considered at Public Hearing contained erroneous text that is proposed to be corrected. Text within the Regional Context Statement in Chapter 1 contained references to “protected areas network” that were to have been removed along with all other references to PAN. These references are are within the text addressing Goal 5. And Goal 6. of the Regional Growth Strategy. These references are recommended to be removed and replaced with the words “ecosystem based management”. Text pertaining to the 100 metre assessment area for wetlands was erroneously included under guideline g. for Riparian Ecosystems (pg. 9) and should have been under guideline g. for Wetland Ecosystems (pg. 9). This text reads “Site buildings, structures, and impervious surfaces between 30 and 100 metres from wetlands with and area greater than 10 hectares in such a manner as to minimize detrimental impacts on the wetland.” This text clearly applies to wetlands and will be moved. It is also written recognizing development may be located within this area. Guideline h. under Wetland Ecosystems (pg. 9) as written erroneously used the word “prevent” relative to loss of habitat within the 30 to 100 metre assessment area. For clarification the intent was to “minimize” loss of habitat in this area. Staff recommends correcting the policy as follows: “Consider variance of applicable zoning or parking regulations, including lot line setbacks and building height restrictions, to prevent the loss of habitat within 30 metres of the wetland and minimize the loss of habitat between 30 and 100 metres from wetlands with an area greater than 10 hectares” Staff have also conducted a review of the parcels of land that are subject to the 100 metre assessment area as established by Schedule “K”. In total there are 477 properties, many of which have been developed and include strata lots within stratified multiple residential developments. It is not the intent of the guidelines to apply in cases where there is no significant potential impact to the wetland. To do so would be inconsistent with the initial objectives of PAN, to be applied in a fair, consistent and cost effective manner. To address this staff recommends an exemption be added as for Protection of Other Ecosystems (paragraph l. pg. 12) for alteration of land or construction of a building or a structure affecting an aggregate land area of less than 1,000 square metres. This exemption was established to accommodate typical land disturbance associated with a maximum single family dwelling size of 5,000 square feet and is considered acceptable. Staff recommends that developments with larger areas of disturbance should continue to be subject to the guidelines applicable to the
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