REGULAR MEETING OF MUNICIPAL COUNCIL
AGENDA TUES DAY , J A N U A R Y 2 2 , 2 0 1 3 , STARTING AT 5:30 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4
APPROVAL OF AGENDA Approval of the Regular Council agenda of January 22, 2013.
ADOPTION OF MINUTES Adoption of the Regular Council minutes of January 8, 2013.
PUBLIC QUESTION AND ANSWER PERIOD
PRESENTATIONS/DELEGATIONS BC Healthy A presentation by Dr. Paul Martiquet, Medical Health Officer, and Claire Gram, Communities and Population Health Policy Consultant, of Vancouver Coastal Health (VCH) to Vancouver Coastal provide an update on the BC Healthy Communities program and to explore Health options for a healthy communities partnership between VCH and the Resort Municipality of Whistler.
2013 FIL World A presentation by Anna Fraser Sproule, Luge Canada, regarding the 2013 FIL Championships World Championships which begins in Whistler on Wednesday, January 30, 2013.
MAYOR’S REPORT
ADMINISTRATIVE REPORTS Park Naming - That Council endorses the naming of municipal open space adjacent to the Florence Petersen Park Whistler Museum and Archives as Florence Petersen Park in recognition of her Report No. 13-004 community service; and further, File No. 8070.01, 8201 That Council endorses the renaming of Village Park Centre as Florence Petersen Park.
Regular Council Meeting Agenda January 22, 2013 Page 2
LLR 1135 – Buffalo That Council authorizes the resolution attached as Appendix “A” to Bill’s Liquor Primary Administrative Report No. 13-007 providing Council’s recommendation to the Change to Hours of BC Liquor Control and Licensing Branch in support of an application from Sale Buffalo Bill’s nightclub located at 4122 Village Green for a Permanent Change Report No. 13-007 to Licensed Hours of Sale for Liquor Primary License No. 117331, to extend File No. LLR 1135 hours of sale to 2:00 a.m. on Sunday nights.
4330- 4340 Blackcomb That Council directs staff to initiate a rezoning application and prepare a zoning Way – Audain Art amendment bylaw to amend the zoning of a portion of Block D, District Lots Museum 5028, 7641 and 7922 located in Whistler Village at 4330-4340 Blackcomb Way Report No. 13-008 to permit an art museum and auxiliary uses; and further, File No. 8363, RZ1066 That Council authorize staff to schedule a Public Open House respecting the proposed zoning amendment.
Building Permit That Council not withhold a building permit application for Strata Lots 217, 218 Application, Strata Lots and 219, Strata Plan LMS 2940 to convert part of the space vacated by the 217, 218, 219, 4308 Elephant and Castle Restaurant from restaurant use to retail or personal service Main Street use, subject to registration of an easement enabling Strata Lots 217 through 221 Report No. 13-005 continued access to venting. File No. 8348.03
Draft Garibaldi Park That Council directs staff to forward Administrative Report 13-006 to BC Parks Management Plan as the Resort Municipality of Whistler’s input on the Draft Garibaldi Park Amendment Management Plan Amendment. Report No. 13-006 File No. 9112
MINUTES OF COMMITTEES AND COMMISSIONS Illegal Spaces Task Minutes of the November 1, 2012 meeting of the Illegal Spaces Task Force Force Committee Committee.
Measuring Up Select Minutes of the November 7, 2012 meeting of the Measuring Up Select Committee of Council Committee of Council.
Recreation and Leisure Minutes of the December 13, 2012 meeting of the Recreation and Leisure Advisory Committee Advisory Committee.
BYLAWS FOR ADOPTION Land Use Contract The purpose of the proposed Bylaw is to discharge the Blackcomb Land Use Discharge Bylaw (4921 Contracts from the title of the subject property and rezone the lands to RS3 Horstman Lane) No. (Residential Single Family Three). 2017, 2012
OTHER BUSINESS
Regular Council Meeting Agenda January 22, 2013 Page 3
CORRESPONDENCE Bear Plant Food Correspondence from Crosland Doak dated January 8, 2013, regarding concerns File No. 627 with Administrative Report No. 13-001 to Council, “Bear Food Plant List and Communication Protocol.”
Alta Lake Road Sewer Correspondence from Paul E. Mathews, dated January 8, 2013, regarding File No. 365 concerns with options for an Alta Lake Road sewer.
Artists Survival in Correspondence from Vincent and Cheryl Massey, dated January 7, 2013, Whistler requesting that challenges for artists making a living in Whistler be examined. File No. 3009
Seniors Housing Correspondence from Jim Horner, dated January 8, 2013, regarding seniors File No. 4271 housing options in Whistler.
Governance Correspondence from Wolfgang Lindemann, dated January 4, 2013, regarding File No. 3009 the powers of local government.
ADJOURNMENT
REGULAR MEETING OF MUNICIPAL COUNCIL MINUTES T U E S D A Y , J A N U A R Y 8 , 2 0 1 3 , STARTING AT 5 : 3 2 PM
In the Franz Wilhelmsen Theatre at Maurice Young Millennium Place 4335 Blackcomb Way, Whistler, BC V0N 1B4
PRESENT:
Mayor N. Wilhelm-Morden
Councillors: J. Crompton, J. Faulkner, J. Grills, D. Jackson, A. Janyk, and R. McCarthy
Chief Administrative Officer, M. Furey General Manager of Infrastructure Services, J. Paul General Manager of Resort Experience, J. Jansen Corporate Officer, S. Story Manager of Communications, M. Comeau Manager of Transportation and Solid Waste, J. Hallisey Manager of Development Services/Deputy Approving Officer, J. Ertel Manager of Environmental Stewardship, H. Beresford Bylaw Supervisor, S. Smith Senior Communications Officer, M. Darou Recording Secretary, A. Winkle
APPROVAL OF AGENDA Moved by Councillor A. Janyk Seconded by Councillor R. McCarthy
That Council approve of the Regular Council agenda of January 8, 2013. CARRIED
ADOPTION OF MINUTES Moved by Councillor J. Crompton Seconded by Councillor J. Grills
That Council adopt the Regular Council minutes of December 18, 2012. CARRIED
PUBLIC QUESTION AND ANSWER PERIOD There were no questions from the public.
MINUTES Regular Council Meeting January 8, 2013 Page 2
PRESENTATIONS/DELEGATIONS 2013 Fee For Service A presentation was given by Jen Ford, Board Member, Whistler Animals Applicants Galore (WAG) regarding an application for 2013 Fee For Service.
A presentation was given by Fiona Famulak, President, Whistler Chamber of Commerce regarding an application for 2013 Fee For Service.
A presentation was given by Sarah Drewery, Curator/Executive Director, Whistler Museum and Archives Society regarding an application for 2013 Fee For Service.
A presentation was given by Doti Niedermayer, Executive Director, Whistler Arts Council (WAC) regarding an application for 2013 Fee For Service.
MAYOR’S REPORT Mayor Wilhelm-Morden wished everyone a happy new year and commented that 2013 will be an interesting year for Whistler with the Audain Art Museum hopefully breaking ground this spring and Whistler hosting the Ironman in August. She celebrates 40 years in Whistler in 2013.
Mayor Wilhelm-Morden acknowledged the staff and resort partners for the holiday season. She reported on the snow conditions in the month of December, when we received 343 cm of total snow fall, including 169 cm of snow that fell within 13 days. Both of the mountains were open 100 per cent over the holiday season. The municipality had all of the Lost Lake cross country skiing and snowshoeing trails open from December 14th on.
Mayor Wilhelm-Morden reported that there were over 7,700 visits to the Whistler Holiday Experience at the Whistler Conference Centre, just fewer than 1000 visits per day. She reported on the Whistler Presents: New Year’s Eve Celebration for family friendly, alcohol-free events including a Much Music dance party, a Fire and Ice Show, fireworks, and more.
Mayor Wilhelm-Morden reported that the skating rink has been open since December 20th. Approximately 6,500 pairs of skates were rented from December 20th to January 6th, and revenue for skate rentals and hot chocolate increased to $35,000 from $30,000 last year. For more information about the ice rink, visit whistler.ca.
Mayor Wilhelm-Morden reported that BC Transit has launched a Twitter account this week for Whistler Transit. Follow @WhistlerTransit for Whistler Transit customer alerts and helpful information.
Mayor Wilhelm-Morden reported that the budget process is ongoing and the survey can be accessed online until January 17th. For more information about the budget process, visit www.whistler.ca/budget or PlaceSpeak. The Finance and Audit Committee meets next week. A special Committee of the Whole meeting is scheduled for January 29th, which will include the draft budget. A tentative budget open house is scheduled for February 19th prior to the Regular Council meeting. The Five-Year Financial Plan is scheduled for adoption in March. MINUTES Regular Council Meeting January 8, 2013 Page 3
Mayor Wilhelm-Morden reported that a Council retreat is scheduled for January 23rd and 24th at Brew Creek. Council will look at the Council Action Plan, the RMOW Corporate Plan, and work on goals and timelines for the next year.
Mayor Wilhelm-Morden reported that volunteers are needed for Luge World Championships on February 1st and 2nd. This is the biggest sliding event that Whistler has hosted since the 2010 Winter Games. Visit www.whistlerslidingcentre.com for more information.
Mayor Wilhelm-Morden reported that Council met this morning with the Whistler Public Library Board and toured the library facility. Both the library and the RMOW are working on their budget process and she hopes to have good news to announce in the upcoming weeks.
Councillor J. Grills reported that the American Friends of Whistler held a reception in Whistler during the holidays to celebrate their 10th anniversary and announcing that to date they have raised and donated one million dollars to the community.
INFORMATION REPORTS Landfill Closure Update Moved by Councillor D. Jackson Report No. 13-002 Seconded by Councillor J. Faulkner File No. 625.2 That Council receive Information Report 13-002 on monitoring and maintenance of Whistler’s closed landfill. CARRIED
ADMINISTRATIVE REPORTS Strata Title Conversion Moved by Councillor J. Crompton Subdivision – 1080 Millar Seconded by Councillor A. Janyk Creek Road Report No. 13-003 That the existing industrial building located at 1080 Millar Creek Road in File No. SA 12-01 Function Junction, be approved for a Strata Title Conversion into two separate strata lots;
That upon completion of the existing building permit requirements, Council authorizes the Mayor and Corporate Officer of Whistler to execute all subdivision documents on their behalf; and further
That the conversion approval is valid for one (1) calendar year. CARRIED
Bear Food Plant List & Moved by Councillor J. Faulkner Communication Protocol Seconded by Councillor A. Janyk Report No. 13-001 File No. 627 That Sorbus aucuparia (Mountain Ash, single stem tree); Sorbus sitchensis (Mountain Ash, shrub, multi-stem); Vaccinium (blueberries & huckleberries); and clover will no longer be approved in landscape plans requiring municipal approval; and further MINUTES Regular Council Meeting January 8, 2013 Page 4
That the RMOW, through its participation in the Whistler Bear Working Group, will follow the communication protocol described in Administrative Report 13-001 when contacting properties regarding landscape plants that may act or are acting as bear attractants. CARRIED
MINUTES OF COMMITTEES AND COMMISSIONS Advisory Design Panel Moved by Councillor J. Grills Seconded by Councillor D. Jackson
That minutes of the Advisory Design Panel meeting of May 16, 2012 be received. CARRIED
Audit and Finance Moved by Councillor J. Crompton Standing Committee of Seconded by Councillor R. McCarthy Council That minutes of the Audit and Finance Standing Committee of Council meetings of October 25, 2012 and November 29, 2012 be received. CARRIED
Learning and Education Moved by Councillor A. Janyk Task Force Seconded by Councillor R. McCarthy
That minutes of the Learning and Education Task Force meeting of October 30, 2012 be received. CARRIED
BYLAWS FOR ADOPTION Five-Year Financial Plan Moved by Councillor A. Janyk 2012-2016 Amendment Seconded by Councillor J. Crompton Bylaw No. 2021, 2012 That Five-Year Financial Plan 2012-2016 Amendment Bylaw No. 2021, 2012 be adopted. CARRIED
OTHER BUSINESS There were no items of other business.
CORRESPONDENCE Cell Tower Concerns Moved by Councillor A. Janyk File No. 7642, CR000038 Seconded by Councillor D. Jackson
That correspondence from Marta and Ed Hollander regarding their cell tower concerns in Alpine Meadows be received and referred to staff. CARRIED
MINUTES Regular Council Meeting January 8, 2013 Page 5
Rock Wall Stability in Moved by Councillor A. Janyk Rainbow Seconded by Councillor D. Jackson File No. 8336 That correspondence from Mike Suggett regarding the stability of the rock walls in Rainbow be received and referred to staff. CARRIED
ADJOURNMENT Moved by Councillor J. Crompton
That Council adjourn the January 8, 2013 Council meeting at 7:01 p.m.
CARRIED
______MAYOR: N. Wilhelm-Morden
______CORPORATE OFFICER: S. Story
REPORT ADMINISTRATIVE REPOR T TO COUNCIL
PRESENTED: January 22, 2013 REPORT: 13-004 FROM: Resort Experience FILE: 8070.01, 8201 SUBJECT: PARK NAMING – FLORENCE PETERSEN PARK
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER That the recommendation of the General Manager of Resort Experience be endorsed.
RECOMMENDATION
That Council endorses the naming of municipal open space adjacent to the Whistler Museum and Archives as Florence Petersen Park in recognition of her community service; and further,
That Council endorses the renaming of Village Park Centre as Florence Petersen Park.
REFERENCES 1. Appendix A: Site Context Plan
2. 4328 Main Street; known as Village Park Centre Ownership: Municipal Legal Description: LMP 219 DL 5275 Area: 5200 sq.m. (1.29 acre); Zoning: RR1
3. 4333 Main Street; Lot 20 open space framed by the Museum, Library and Village Park Centre Ownership: Municipal Legal Description: LMP 219 DL 3483 & DL 5275 exp. plan LMP 224 & LMP 8326 Area: 490 sq.m. (0.12 acre); Zoning: LNL (Lands North Library)
4. 4339 Main Street; Lot 21 open space bounded by Lot 20, Village Park Centre and Main Street Ownership: Municipal Legal Description: LMP 219 DL 5275 Area: 800 sq.m. (0.2 acre); Zoning: LNI (Lands North Institutional)
PURPOSE OF REPORT This report proposes that a municipal park and associated municipal open space be named to honour Florence Petersen, a distinguished citizen of Whistler who passed away August 28, 2012.
Park Naming – Florence Petersen Park Page 2 January 22, 2013
DISCUSSION Florence Petersen’s Legacy During the October 2, 2012 meeting, Council referred to staff a letter from Whistler Museum and Archives Executive Director Sarah Drewery. In that letter, dated September 22, 2012, Ms. Drewery, representing the Whistler Museum and Archives Society Board of Trustees, requested that a small open space adjacent to the museum and library be named in memory of Florence Petersen.
As noted in that letter, Florence Petersen founded the Whistler Museum and Archives and was designated by the RMOW in 2012 as having the Freedom of the Municipality. The museum reports that, “At the time of her passing, Florence was the longest-tenured living resident of the Whistler Valley.” In addition to her founding and sustaining role with the museum and archives, she connected to many residents and visitors as a marriage commissioner, historian and author. In 1986 she was voted Citizen of the Year.
The Potential Park Staff from the Resort Experience division followed up with Whistler Museum and Archives Executive Director and noted the park potential of the site. From the Museum’s perspective, they would like to develop outdoor, museum programs on the recently reconfigured land immediately east of the building. The public space and the programs would raise the profile and benefit the Museum and Archives, which had been one of Florence Petersen’s great passions for many years.
From the perspective of staff, this proposal should be supported. The site east of the museum has good sun exposure, is relatively flat, has a landmark scale tree and has some visibility from Main Street. Views from the adjacent library and the museum offices contribute to public safety for a portion of the day. This site was reconfigured following the removal of the old museum portable building. The area was re-graded as part of creation of a path to the library’s northwest exit. The re- grading also created a direct route from the museum’s entry east to Main Street.
Staff notes the connection from the museum to the adjacent Village Park Centre could be improved to benefit of the resort, park and the museum. Village Park Centre is a forest remnant in the heart of the Village. It features a dense stand of mature trees, native planting, two ponds, public art, seating and a petanque court memorial to long time Whistler restaurateur Joel Thibbault. There are over twenty very large tree stumps notched for a logger’s springboard. These artifacts of Whistler’s forest and logging history and the native forest values of the site are potential assets in heritage interpretation. The flat topography and paved central path also make the park a useful destination for less mobile visitors seeking a forest experience.
Adjacent to Village Park Centre is Lot 21 at 4339 Main Street. This parcel abuts Main Street and feels like part of Village Park Centre. Thinning and pruning of this dense stand of trees would benefit the adjacent sites by improving visibility, safety and by increasing awareness of the museum location.
Resort Experience staff believe the three sites comprising 6490 square metres (1.6 acres) have good potential to be linked physically and programmatically. The Museum Executive Director welcomes the opportunity to expand programming into the park. Also, as park use, visibility and safety can be improved by managing the three sites together, staff proposes the three sites be combined as Florence Petersen Park.
It should be noted that the current museum location has not been designated as the permanent site for such a facility. The proposed park naming and enhancement are not intended to pre-judge the museum’s final location.
Park Naming – Florence Petersen Park Page 3 January 22, 2013
WHISTLER 2020 ANALYSIS
W2020 TOWARD Descriptions of success that Comments Strategy resolution moves us toward 1. A range of authentic and creative arts, cultural and heritage opportunities are meaningful, accessible and financially affordable to residents and visitors The combination of a park that has heritage Arts Culture and 8. There is a physical and organizational values plus the museum site, all under the Heritage focal point for the diversity of arts, culture banner of a Whistler pioneer, creates a large and heritage activities that spread and prominent heritage focus within the village. throughout the community
W2020 AWAY FROM Mitigation Strategies Descriptions of success that Strategy and Comments resolution moves away from None
OTHER POLICY CONSIDERATIONS Park Naming The municipality does not have a park naming policy. Whistler Councils have previously named municipal parks to honour residents, such as Rebagliati Park and Bayly Park.
The existing Village Park Centre was chosen as a working title by staff during development of the Village Park system in Village North. The prosaic name was considered to be a ‘place holder’ that would be replaced by something more meaningful.
Cultural Planning Process The recent tourism and cultural planning processes have underlined the value of place based tourism. While a heritage plan does not currently exist, the creation of an authentic heritage focus in the village and celebration of a distinguished pioneer is consistent with that direction posed by the Tapestry of Place.
Zoning The current zoning designation of Lots 20 and 21 does not specifically permit park use but does permit “recreational facilities” and “auxiliary uses to the library”. To reflect the current and future use of those lands as park, at a future date staff proposes to amend the zoning in order to formally permit park use.
BUDGET CONSIDERATIONS The modest park improvements will be considered as part of the 2013 municipal budgeting process.
COMMUNITY ENGAGEMENT AND CONSULTATION Communications include this Council report. If supported by Council, a park dedication ceremony will be arranged and advertised via Whistler Today, the municipal website, and in the two local newspapers.
Park Naming – Florence Petersen Park Page 4 January 22, 2013
SUMMARY
In response to a request from the Whistler Museum and Archives Society Board of Trustees, staff from RMOW Resort Experience have followed up to discuss the proposal with the Museum Executive Director. The proposal is supported to recognize a worthy Whistler pioneer. Resort Experience believes the park dedicated to Florence Petersen should encompass the open space adjacent to the Museum, Lot 21 adjacent to Main Street, as well as Village Park Centre. The dedication of the combined sites as Florence Petersen Park, plus appropriate site enhancements, will create a heritage focus in the heart of the Village
Respectfully submitted,
Kevin McFarland PARKS PLANNER for Jan Jansen GENERAL MANAGER RESORT EXPERIENCE
APPENDIX A
PARK NAMING – FLORENCE PETERSEN PARK REPORT
APPENDIX: SITE CONTEXT PLAN
MAIN STREET
VILLAGE PARK CENTRE
LOT 21
MUSEUM LOT 20
LIBRARY
NORTH
REPORT ADMINISTRATIVE REPOR T TO COUNCIL PRESENTED: January 22, 2013 REPORT: 13-007 FROM: Resort Experience FILE: LLR 1135 SUBJECT: LLR 1135 – BUFFALO BILL’S LIQUOR PRIMARY CHANGE TO HOURS OF SALE
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER That the recommendation of the General Manager of Resort Experience be endorsed.
RECOMMENDATION That Council authorizes the resolution attached as Appendix “A” to Administrative Report No. 13-007 providing Council’s recommendation to the BC Liquor Control and Licensing Branch in support of an application from Buffalo Bill’s nightclub located at 4122 Village Green for a Permanent Change to Licensed Hours of Sale for Liquor Primary License No. 117331, to extend hours of sale to 2:00 a.m. on Sunday nights.
REFERENCES Applicant: Buffalo Bill’s Location: 4122 Village Green
Appendices: “A” – Council Resolution – Permanent Change to a Liquor License “B” – Location Plan “C” – Applicant Letter of Intent dated November 9, 2013
PURPOSE OF REPORT This report presents a recommendation for Council’s consideration regarding a permanent change to hours of sale for Buffalo Bill’s nightclub, a liquor primary licensed establishment. For this type of license change the provincial Liquor Control and Licensing Branch (LCLB) requires local government comment in the form of a resolution from Council regarding the suitability of the license change and specifically addressing considerations relating to the potential for noise, the impact on the community and the views of residents. The proposed resolution in favour of the application, including the rationale for support, is attached as Appendix “A”.
DISCUSSION License Request – Hours of Sale The Resort Municipality of Whistler has received an application from Buffalo Bill’s nightclub located at 4122 Village Green (shown on Appendix “B”) for a permanent change to hours of sale for existing liquor primary license No. 117331 to extend Sunday night closing time from 1:00 am to 2:00 am. The current and requested Buffalo Bill’s hours of liquor sales are as follows:
Current Hours of Sale Requested Hours of Sale Monday through Saturday 12:00 noon to 2:00 am Unchanged Sunday 11:00 am to 1:00 am 11:00 am to 2:00 am
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 2 January 22, 2013
Buffalo Bill’s is requesting a one hour permanent extension of Sunday night hours of sale to 2:00 am as permitted by a recent amendment to Council Policy G-17, Municipal Liquor Licensing Policy. An explanation of the request is included in a letter from the applicant, attached as Appendix “C”. The applicant cites that the Sunday night 2:00 am closing will benefit the guest experience, generate revenue for the business and provide hours for local employees without negative impacts.
Liquor License Advisory Committee (LLAC) Review Process In accordance with Council Policy G-17 the municipal review process for a permanent change to the hours of sale within municipal policy guidelines for a liquor primary establishment requires a referral to the LLAC. A summary of the applicant proposal was referred by e-mail to LLAC members for comment on November 14, 2012. There were no objections raised by LLAC members who provided comment on the application.
Current Good Standing Status Council Policy G-17 requires that any establishment applying for a permanent liquor license change of this type be in “Good Standing” with respect to its compliance and enforcement history, in order for the application to be considered. As part of the good standing determination process, each of the LCLB inspector, the Whistler Detachment of the RCMP, the Whistler Fire Rescue Service and the municipal Building and Bylaws Departments is asked to provide a list of any contraventions and their disposition for the 12-month period preceding the date of the application. The RCMP staff sergeant then prepares a written recommendation as to whether or not the applicant compliance history is in good standing. The determination of good standing is based primarily on the compliance history and the number and severity of any contraventions and enforcement actions. Consideration is also given to the applicant’s previous history and any corrective measures that have been undertaken and/or proposed. Based on its compliance history Buffalo Bill’s has been determined to be in Good Standing.
LCLB Policy and Approval Process The maximum hours of sale allowed by the LCLB for a licensed establishment are between the hours of 9:00 am and 4:00 am, subject to limitation by local government. The LCLB process for a permanent change to hours of sale for a liquor primary license requires that specific conditions regarding the license be addressed and comments be provided to the LCLB in a specifically worded and formatted resolution from local government. The LCLB process requires that local government take into consideration the potential for noise, the impact on the community and the views of residents and asks the details of the process used by local government in determining those views. The proposed resolution presented in Appendix “A” addresses all of the LCLB requirements. In summary, the proposed licensing will provide for improved customer service for both visitors and residents alike and is not expected to have any significant negative impacts on the resort community and is consistent with municipal liquor licensing policies.
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 3 January 22, 2013
WHISTLER 2020 ANALYSIS
W2020 TOWARD Descriptions of success that Comments Strategy resolution moves us toward Permitting Buffalo Bill’s to provide liquor sales until 2:00 am seven days a week is an Community members and organizations opportunity for the entertainment sector, the Visitor work collectively to ensure exceptional accommodation sector, local government and Experience experiences that exceed visitor enforcement agencies to work together to expectations enable memorable visitor experiences while maintaining order and respecting the rights of other visitors and residents.
Whistler’s nightclub sector is a vital component of the resort community’s food and beverage sector offerings. As an international destination, Whistler holds competitive advantage in resort visitors have an expectation that the the destination resort marketplace as a Economic result of its vibrancy and unique character, entertainment amenity be available on a consistent basis, seven days a week. The products and services proposed license change will allow Buffalo Bill’s to meet visitor expectations for a consistent late night entertainment offering.
W2020 AWAY FROM Mitigation Strategies Descriptions of success that Strategy and Comments resolution moves away from Noise from patrons leaving an establishment serving alcoholic beverages can be disruptive to visitors staying in the Village. Nightclub operators and the RCMP must have resources and procedures to mitigate the potential for Visitors and residents can readily noise from dispersing patrons. Buffalo Bill’s has Built Environment immerse themselves in nature, free from noise and light pollution been determined by the RCMP to be in good standing based on its compliance record. An opportunity for residents to express their views was provide through newspaper ads and the display of a site sign. No comments were received.
Any expansion of hours of alcohol sales has the Community members eat healthy food, potential for over-service and/or excessive exercise and engage in leisure and other stress relieving activities that assist in consumption. Buffalo Bill’s has been determined to be in good standing and has Health & Social preventing illness and they avoid the signed a Good Neighbour Agreement that abusive use of substances that evidence indicates have negative effects on commits it to procedures and training to avoid potentially adverse effects of their products and physical and mental health services.
OTHER POLICY CONSIDERATIONS Under policies developed and supported by the Liquor License Advisory Committee and in Council Policy G-17, a permanent change to hours of sale for a liquor primary license within municipal hours of service guidelines requires a referral to the LLAC and a thirty day public comment period. This process has been completed, and no comments were received. Also, municipal and LCLB policies
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 4 January 22, 2013
require local government comment in the form of a resolution from Council addressing a number of specific criteria. The resolution of Appendix “A” satisfies those requirements.
On October 16, 2012 the municipal hours of liquor service guidelines of Council Policy G-17 were amended to allow cabarets/nightclubs to provide liquor sales until 2:00 am seven days a week. (Previously, the municipal policy guideline was a 1:00 am end of liquor sales on Sunday nights.) Council Policy G-17 further states that, “Establishments that have existing hours of service that are less than the general range for the applicable category of establishments are eligible to apply for an extension of hours to the limits of the range for the category, with approval being subject to the municipal review process including consideration of the compliance and enforcement history of the establishment.” The Buffalo Bill’s application complies with all provisions of Council Policy G-17, and, therefore, satisfies municipal policy requirements.
COMMUNITY ENGAGEMENT AND CONSULTATION In accordance with municipal policy the applicant advertised the proposed permanent change to its liquor primary license in the December 6 and 13, 2012 editions of Pique Newsmagazine and posted a sign at the establishment (commencing December 6, 2012) in order to provide opportunity for public comment. The advertisements and sign requested that any comments be provided in writing to municipal staff on or before January 5, 2013. No comments were received.
SUMMARY This report presents a recommendation regarding an application for a permanent change to hours of sale for Buffalo Bill’s nightclub. The report also provides a resolution in support of the application for Council’s consideration that addresses criteria specified by the LCLB. This resolution is a result of the application of municipal policy and consultation with the community.
Respectfully submitted,
Frank Savage PLANNER for Jan Jansen GENERAL MANAGER OF RESORT EXPERIENCE
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 5 January 22, 2013
APPENDIX A
General Manager, Liquor Control and Licensing Branch
RE: Application for a Permanent Change to a Liquor License for a change to hours of sale to Buffalo Bill’s liquor primary license No. 117331.
At the Council meeting held on January 22, 2013 the Council passed the following resolution with respect to the application for the above named amendment:
“Be it resolved that:
1. The Council recommends the amendment to the license for the following reasons: The proposed licensing will provide for improved customer service for both visitors and residents alike and will not have any significant negative impacts on the resort community. The applicant has entered into a Good Neighbour Agreement and Noise Mitigation Plan with the Municipality.
2. The Council’s comments on the prescribed considerations are as follows:
(a) The potential for noise if the application is approved: If the application for a Sunday 2:00 am closing time for liquor sales is approved, there is not expected to be an increase in noise from the establishment. Buffalo Bill’s currently has a 2:00 am closing time for liquor sales Monday through Saturday and 1:00 am on Sunday and does not have a history of noise or disturbances. Buffalo Bill’s is subject to the provisions of the Municipality’s Noise Control Bylaw No. 1660, 2004. The Good Neighbour Agreement commits the applicant to limit noise disturbances and comply with the municipal Noise Control Bylaw.
(b) The impact on the community if the application is approved: If the application is approved the impact on the community will likely, on balance, be positive by meeting the service expectations of both visitors and residents. Negative impacts on the community are not anticipated as a result of the requested change to the license.
(c) The views of residents: Council believes that residents are in favour of the application and that residents are not opposed to the application. The method used to gather the views of residents was placement of an information sign in a public location (commencing December 6, 2012) and advertisements in two consecutive editions of the weekly local newspaper, Pique Newsmagazine, commencing December 6, 2012. No comments were received. Further, the municipal Liquor License Advisory Committee, comprising various community representatives, provided comment on the application.”
The undersigned hereby certifies the above resolution to be a true copy of the resolution passed by the Council of the Resort Municipality of Whistler on January 22, 2013.
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 6 January 22, 2013
Sincerely,
Shannon Story CORPORATE OFFICER Resort Municipality of Whistler
LLR 1135 – Buffalo Bill’s Liquor Primary Change to Hours of Sale Page 7 January 22, 2013
APPENDIX B
LOCATION PLAN – BUFFALO BILL’S
N
SUBJECT LANDS
APPENDIX C Q ...... Friday, November gth, 2012 Buffalo Bills WHISTLER • CANADA
4122 Village Green Whistler, BC VON 1B4
To Whom it May Concern,
Buffalo Bills Bar and Grill is making a request for a permanent change to our liquor license, to change the Sunday night hours of operation. We are applying to extent hours of service on Sunday from 11am-1am, to 11am to 2am.
Buffalo Bills has been a key business in our community continually supporting guest experience and the local community. It has been owned and operated by the Gibbons Hospitality Group for the last 10 years, providing a Fun. Safe. Clean. environment for its patrons.
We are requesting this change in operating hours in accordance with the recent change to Council Policy G-17 Municipal Liquor Licensing Policy to permit nightclubs to be eligible for 2:00am closing, seven days a week. We believe there is no adverse impacts to this extension and will only benefit patron's experience, tourism in Whistler and generate more hours for local employees.
The request for this permanent license extension will not only benefit the community by adding to the nightlife experience but also this is one of the busiest times in the evening for generating revenue not only for the business but the employees.
As usual, we will continue monitor the noise the bar and patrons produce throughout the evening and as the patrons depart our business.
Thank you for your consideration.
Terry Clark District Manager Gibbons Hospitality Group \oJ~©~~w~~ lffi NOV 0 9 2012 l!J) RESORT EXPERiEi"-iCE PLANNING RESORT MUNICIPALITY OF WHISTLER
REPORT ADMINISTRATIVE REPOR T TO COUNCIL
PRESENTED: January 22, 2013 REPORT: 13-008 FROM: Resort Experience FILE: 8363, RZ1066 SUBJECT: 4330-4340 BLACKCOMB WAY - AUDAIN ART MUSEUM
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER That the recommendation of the General Manager of Resort Experience be endorsed.
RECOMMENDATION That Council directs staff to initiate a rezoning application and prepare a zoning amendment bylaw to amend the zoning of a portion of Block D, District Lots 5028, 7641 and 7922 located in Whistler Village at 4330-4340 Blackcomb Way to permit an art museum and auxiliary uses; and further,
That Council authorize staff to schedule a Public Open House respecting the proposed zoning amendment.
REFERENCES Location: 4330/4340 Blackcomb Way Legal Description: Block D, District Lots 5028, 7641 and 7922 Owners: Resort Municipality of Whistler Current Zoning: RR1 (Rural Resource One) Appendices: “A” Location Map “B” Site Plan
PURPOSE OF REPORT This report describes the proposed rezoning of municipally owned lands situated in Whistler Village between Day Lots 3 and 4 for an art museum and requests Councils’ authorization for staff to initiate a rezoning application, prepare a zoning amendment bylaw to rezone the property to permit an art museum and auxiliary uses, and to schedule a Public Open House respecting the proposed rezoning.
DISCUSSION Background In September 2012 the municipality was approached by representatives of Michael Audain to consider accommodating the development and operation of an art museum in Whistler to house a significant collection of Northwest and other art. The art collection would include some of the Audain private art collection, which includes an important collection of indigenous and contemporary North West art, including a large group of Emily Carr works. The Audain art collection was a major exhibition at the Vancouver Art Gallery in 2011. Staff investigated possible development sites in and around Whistler Village to accommodate the preliminary program which included:
4330- 4340 Blackcomb Way – Audain Art Museum Page 2 January 22, 2013 . Minimum site area 2.5 hectares, preferably larger . Surrounded by coniferous trees or be suitable for such landscaping . Close to public transit and urban amenities (i.e. not only accessible by private car) . Adequate parking on-site or close-by for private vehicles and coaches . Geotechnical conditions that permit basement construction . Accommodation of a building of approximately 25,000 sq. ft. of interior space, plus useable basement . Suitable access for specialized service vehicles.
The site between Day Lots 3 and 4 across from Millennium Place in Whistler Village (see Appendix A) was felt best satisfied the program criteria. The 1.22 hectare site is part of an 11.9 hectare parcel of land that is owned by the municipality. The site has been used as a horse stable, propane gas storage facility, vehicle impound yard, and currently houses the municipality’s Village Operations shop. The municipality once envisioned the site to be developed as a park that would link Village Park East to the Lost Lake Park system and provide a location for a small amphitheatre for live performance and modest outdoor skating rink, amenities now provided in Whistler Olympic Plaza. The site is located near other cultural facilities including Whistler Olympic Plaza, Millennium Place, the Squamish Lil’wat Cultural Centre and the Whistler Public Library and Museum. It is bordered by Day Lots 3 and 4 on the north and south, Blackcomb Way on the west and the Day Lot connector road on the east. It is suitable to accommodate a 25,000 square foot museum and provide park-like surroundings for outdoor art and sculpture. The site is currently zoned Rural Resource One (RR1), permitting a variety of uses, however, institutional, museum or art gallery are not among those permitted and in order to develop the site in the manner proposed, the lands must be rezoned. As the land is owned by the municipality, it is proposed that the municipality initiate the rezoning. Memorandum of Understanding The Audain Art Museum (AAM) and the municipality have worked through relevant considerations including, land tenure/lease, building program, site development responsibilities, operating obligations and financial considerations, and reached agreement on the contents of a memorandum of understanding (MOU) to establish some of the terms for the project to move forward. At the Closed Council Meeting of December 18, 2012, Council authorized the municipality to enter into a MOU with the AAM and this MOU was signed at the Regular Meeting of Council of December 18, 2012. Rezoning Proposal It is proposed that a site specific zone be applied to the museum site to include institutional, museum or art gallery as permitted uses and auxiliary uses including a gift shop, café and caretaker suite. It is anticipated the zone will have a maximum gross floor area limit for each use, to ensure the ancillary uses remain ancillary.
The facility program continues to evolve and is under development by the AAM team. The project and program directions include the following:
. The museum will provide public access to the facility . The museum will contain a resident caretaker suite, gift shop and cafe . The museum will be designed in such way as to be able to host events, receptions which will add to the cultural venues currently available in Whistler . Minimal parking will be provide on site . Trail access will be provided through the site connecting day lots 3 and 4 and the Village to Fitzsimmons Creek Trail
4330- 4340 Blackcomb Way – Audain Art Museum Page 3 January 22, 2013
A conceptual site plan is attached to this report as Appendix B.
ADP Review The rezoning proposal will be submitted to the Advisory Design Panel for review on January 30, 2013 prior to Council consideration of the proposed amending bylaws.
WHISTLER 2020 ANALYSIS Overall, the proposal supports the Whistler 2020 strategies of arts, culture and heritage, economic finance, partnership visitor experience, built environment and energy. TOWARD W2020 Strategy Descriptions of success that resolution Comments moves us toward Arts, cultural and heritage opportunities attract visitors and contribute to the experience and local economy. Arts, Culture and Whistler is renowned for world-class arts, Heritage cultural and heritage opportunities and Rezoning to permit a public art has become a magnet for international museum is consistent with opportunities identified in Whistler’s artists who come here to perform, create, teach and be inspired. Cultural Tourism Strategy to build a purpose built public art museum to Whistler has a diversified and year-round support Whistler’s cultural tourism Economic tourism economy. development by strengthening Whistler’s tourism economy, attracting Whistler proactively seizes economic visitors and enhancing the Whistler opportunities that are compatible with experience. tourism. Whistler has a healthy economy that generates revenue to contribute to the resort’s funding base. Finance Resort community partners work together to identify shared spending priorities, share resources, and leverage funds and financing opportunities. The RMOW and Audain Art Museum are working together to optimize this Decisions consider the community’s investment opportunity. values as well as short and long-term Partnership social, economic and environmental consequences. The resort community’s authentic sense of Visitor place and engaging, innovative and The rezoning will enable a new tourism opportunity supported by Whistler’s Experience renewed offerings attract visitors time and Cultural Tourism Strategy. time again. The built environment is attractive and vibrant, reflecting the resort community’s This will be ensured through the DP character, protecting viewscapses and process. evoking a dynamic sense of place. The rezoning will further support To maintain vibrancy, Whistler Village is Whistler Village as the core of the Built Environment the core of the resort community. community. It is anticipated the zone will have a Limits to growth are understood and maximum gross floor area limit for each respected. use, to ensure the ancillary uses remain ancillary.
4330- 4340 Blackcomb Way – Audain Art Museum Page 4 January 22, 2013 Energy is...used efficiently through market transformation, design, and appropriate end use. Green building commitments that meet the Green Building Policy will be a Energy condition of adoption of the zoning The energy system is continuously amendment bylaw. moving towards a state whereby a build- up of emissions and waste into air, land and water is eliminated. AWAY FROM Mitigation Strategies W2020 Strategy Descriptions of success that and Comments resolution moves away from It is anticipated that any short-term The resort community effectively and costs by the municipality to realize the Finance efficiently balances its costs and development will be result in a long- expenditures. term economic benefits to the resort community.
OTHER POLICY CONSIDERATIONS Official Community Plan Whistler’s OCP outlines specific items for review with respect to rezoning applications. A brief summary follows:
Table 1: OCP Criteria for Evaluating Proposals for Zoning Amendments
OCP Criteria Comments Proposals that increase the bed unit capacity of The project will provide clear and substantial benefits the municipality will only be considered if the to the resort and is not anticipated to cause development: provides clear and substantial unacceptable impacts. The creation of an art benefits to the resort; is supported by the museum is consistent with long-term plans to build community in the opinion of Council; will not arts and culture to expand Whistler’s visitor base and cause unacceptable impacts on the community, complement the core recreation experiences. One of resort or environment; and meets all applicable the opportunities identified in the Whistler Cultural criteria set out in the OCP. Tourism Development Strategy is to develop a purpose built public art museum to meet future community needs and to support Whistler’s cultural tourism development. The Audain Art Museum is an opportunity to make this a reality as an external party is coming forward to invest in the development and operation of the facility. Capable of being served by Municipal water, Yes. sewer and fire protection services. Accessible via the local road system. Yes. Environmental Impact Assessment/Initial Per Schedule M and N of the OCP, the site does not Environmental Review have any environmental constraints or development constraints. Traffic volumes and patterns on Highway 99 and Further study is required. A statement and rationale the local road system. of how parking and traffic is to be addressed has been requested of the Audain Art Museum. Overall patterns of development of the Consistent with the OCP Policy 4.5.3 - Cultural community and resort facilities should be located primarily in the Whistler Village, Blackcomb and Whistler Creek areas, and in conjunction with other community facilities Municipal Finance Supports visitation, room nights and hotel tax. Refer to the Budget Considerations section of this report for more details. Views and Scenery The proposed location of the building mass is not expected to negatively affect views and scenery.
4330- 4340 Blackcomb Way – Audain Art Museum Page 5 January 22, 2013 Existing Community and Recreation Facilities Trail access will be provided through the site connecting day lots 3 and 4 and the Village to Fitzsimmons Creek Trail. Employee Housing Employee works and service charges are not payable. Heritage Resources n/a
The project must exhibit high standards of This is a desire of the applicant and will be ensured design, landscaping and environmental through the development permit process. sensitivity. The project will not negatively affect surrounding No negative effects are anticipated. areas by generating excessive noise or odours. The project maintains high standards of quality This is proposed by the applicant and will be ensured and appearance. through the development permit process. No development will be approved if it would Trail access will be provided through the site negatively impact a designated Municipal trail connecting day lots 3 and 4 and the Village to system, recreation area, or open space. Fitzsimmons Creek Trail.
Given the timing of the proposed development, with respect to the adoption of the OCP update, it is recommended the proposed rezoning also be reviewed with respect to the proposed directions of the OCP update. OCP Development Permit Area Guidelines The site is located within a Development Permit Area of Whistler’s OCP, requiring the proposed development to obtain a Development Permit and approval from Council. The development will either be subject to the current OCP Development Permit Area #1 guidelines or the OCP Update Development Permit Area guidelines for Aquifer Protection and Whistler Village. Green Building Policy The Municipality’s most significant opportunity to require specific commitments in respect of green building features is through its discretionary authority to enact and amend zoning bylaws. Per the Municipality’s Green Building Policy G-23, the following information is required for the processing and approval of a zoning amendment: . An Application Checklist that summarizes how the proposed development responds to each of the green building objectives; . A detailed Project Checklist signed by the project’s coordinating professional; . A Green Building Commitment. Prior to adopting a zoning amendment bylaw, the registration of a Section 219 covenant will be required to ensure the future development is consistent with the Project Checklist and with the objectives and goals of the Municipality’s Green Building Policy; and . A Project Completion Report detailing the implementation of the green building practices required by the Section 219 Covenant. The Municipality’s Green Building Policy has six broad green building objectives, as well as performance goals by building type. For institutional development, the 2012 performance goal is LEED Gold, or 50% better than MNECB (Model National Energy Code for Buildings). Green building commitments that meet the Green Building Policy will be a condition of adoption of the zoning amendment bylaw.
4330- 4340 Blackcomb Way – Audain Art Museum Page 6 January 22, 2013 Whistler Sustainable Retail Study The Whistler Sustainable Retail Study Findings and Recommendations prepared by Thomas Consultants Inc. dated February 2007 recommends no new retail space additions until such time that the retail strength and viability of the resort is stabilized and solidified. The proposed retail gift shop is auxiliary to the museum use and it is proposed that the zoning will have a maximum size limit for this auxiliary retail use.
Legal Considerations The land was purchased for a nominal fee from the Crown on August 14, 2001 with a reverter registered on title to ensure its continued use for “Park Purposes”. The municipality has received confirmation from the Province that the proposed use on site for a public art gallery/ museum is generally consistent with the spirit and intent of the Sponsored Crown Grant, and the Province’s Community and Institutional Use Policy. A memorandum of understanding was signed on December 18, 2012 between the Audain Art Museum (AAM) and the municipality to establish some of the terms for the project to move forward. It is proposed that the municipality will enter into a 199-year lease for the land with the not-for-profit organization that will be operating the proposed art museum.
BUDGET CONSIDERATIONS It is proposed that the municipality will lease the land for $1.00 for a term of 199 years to a not-for profit organization that will be operating the proposed art museum. Under the Works and Service Bylaws, the municipality is exempt from works and service charges for lands it owns and controls. The municipality will continue to be the registered owner of the site and will control its use through the proposed lease agreement. Works and service charges are therefore not applicable to this proposed development. As the municipality is initiating the rezoning, rezoning application and processing fees do not apply. All costs associated with staff time for the rezoning application will come from municipal operating budgets. Any third party disbursements (eg. notices, legal fees) associated with the rezoning will be paid by the Audain Art Museum.
COMMUNITY ENGAGEMENT AND CONSULTATION Audain Art Museum representatives have met with a number of Whistler stakeholder organizations in their project planning and continue to engage the municipality, Whistler Arts Council and the Squamish Lil’wat Cultural Centre in ongoing developments. An open house was held December 4, 2012 to provide the community with an overview of the project and meet project representatives. The required rezoning application site information sign has been posted on the property. Consistent with municipal procedures for rezoning applications, a public open house with respect to the zoning amendment is scheduled for January 30. 2013. The open house will be advertised in the local newspapers. The proposed zoning amendment bylaw will be subject to a public hearing adhering to statutory public notice requirements.
SUMMARY This report describes the proposed rezoning of a municipally owned land situated between day lots 3 and 4 for an art gallery/museum and requests Councils’ authorization for staff to initiate a rezoning application, prepare a zoning amendment bylaw to rezone the property to permit an art
4330- 4340 Blackcomb Way – Audain Art Museum Page 7 January 22, 2013 museum and auxiliary uses, and to schedule a Public Open House respecting the proposed rezoning.
Respectfully submitted,
Melissa Laidlaw PLANNER for Jan Jansen GENERAL MANAGER, RESORT EXPERIENCE
4330- 4340 Blackcomb Way – Audain Art Museum Page 8 January 22, 2013 APPENDIX A LOCATION MAP
4330- 4340 Blackcomb Way – Audain Art Museum Page 9 January 22, 2013
APPENDIX B SITE PLAN
REPORT ADMINISTRATIVE REPOR T TO COUNCIL
PRESENTED: January 22, 2013 REPORT: 13-005 FROM: Resort Experience FILE: 8348.03 SUBJECT: BUILDING PERMIT APPLICATION - STRATA LOTS 217, 218, 219, 4308 MAIN STREET
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER That the recommendation of the General Manager of Resort Experience be endorsed.
RECOMMENDATION
That Council not withhold a building permit application for Strata Lots 217, 218 and 219, Strata Plan LMS 2940 to convert part of the space vacated by the Elephant and Castle Restaurant from restaurant use to retail or personal service use, subject to registration of an easement enabling Strata Lots 217 through 221 continued access to venting.
REFERENCES Appendices “A” Existing Conditions “B” Proposed Uses
PURPOSE OF REPORT This report presents a pending building permit application to convert part of an existing developed space vacated by a restaurant use to retail or personal service use. The building permit application may be in conflict with a zoning amendment bylaw regarding existing restaurant locations that is under preparation at Council’s direction and Council may decide to withhold or authorize the building permit subject to the provisions of Section 929 of the Local Government Act.
DISCUSSION In 2008, the municipality became concerned about the potential conversion of important restaurant locations to other uses within Whistler’s core commercial areas. Important restaurant locations support the life and vitality of the Village experience and provide essential food service to Whistler’s customers, which are instrumental to sustaining Whistler’s resort economy. As a result of this concern, Council passed the following resolution at its regular meeting on October 6, 2008: That Council direct staff to prepare an amendment to Zoning and Parking Bylaw No. 303 to change the zoning of existing restaurant and licensed establishment locations within Whistler Village, the Upper Village and Whistler Creek to permit existing uses only. And that Council direct staff to report any building permit applications that conflict with the zoning amendment for consideration under Section 929 of the Local Government Act. At its regular meeting on February 17, 2009 Council passed the following related resolution:
Building Permit Application - Strata Lots 217, 218, 219, 4308 Main Street Page 2 January 22, 2013
That Council reaffirms its direction to staff to prepare a zoning amendment bylaw to zone existing restaurant and licensed establishment locations within Whistler’s core commercial areas to permit existing uses only, as a Council priority, and that prior to drafting this bylaw for Council consideration, Council directs staff to first bring forward recommendations concerning the scope and application of this bylaw and that this be based on further research and consultation as presented in this report. In March of 2012 the Elephant and Castle Restaurant vacated Strata Lots 217 – 221 in the Delta Village Suites at 4308 Main Street and the owners of the large 599 square metre gross floor area restaurant space have been unsuccessful in finding a new restaurant tenant. The owners propose to convert part of the space vacated by the Elephant and Castle (Strata Lots 217, 218 219, totalling 367 square metres of gross floor area) from restaurant use to retail or personal service use and retain Strata Lots 220 and 221, totalling 232 square metres of gross floor area, for food and beverage use, as these two strata lots have existing washrooms, access to venting and are contiguous to the lobby and meeting rooms of the hotel. A plan of existing conditions and proposed uses are appended as Appendices A and B. All of the strata lots (217-221) will continue to have access to venting by way of an easement enabling flexibility to return to restaurant use in the future. The proposed retail and personal service uses are permitted under existing zoning for the property. As directed by the October 6, 2008 Council resolution, the pending building permit application is being reported to Council for consideration under Section 929 of the Local Government Act. Section 929 of the Local Government Act enables the municipality to withhold a building permit that it deems to be in conflict with a bylaw that is under preparation, such as the restaurant zoning bylaw, according to the following provisions: . Council may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit is made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and the bylaw that is under preparation (in this case the restaurant zoning bylaw) as directed by Council.
. During the 30 day period Council must consider the application for the permit and may direct that the permit be withheld for a further 60 days, or grant the permit, and may impose conditions that would be in the public interest having regard to the bylaw under preparation.
. If Council does not adopt the subject bylaw within the additional 60 day period, the owners of the land for which the building permit was withheld are entitled to compensation for damages arising from withholding the permit. Consistent with the direction provided by Council on February 17, 2009, staff retained the expertise of Thomas Consultants, specialists in providing optimal retail development and revitalization strategies, to assist in determining the scope and application of a restaurant zoning bylaw. Thomas Consultants established draft criteria to identify restaurant and licensed establishment locations deemed important in supporting the life and vitality of the Village experience. The location formerly occupied by the Elephant and Castle did not meet the draft criteria as an important restaurant location in relation to the restaurant zoning bylaw that is under consideration as it does not front the Village Stroll or pedestrian plaza. With respect to the impact of a reduction in restaurant supply, the restaurant space requirements for the Delta Village Suites will continue to meet the requirements of the Zoning Bylaw, as described in the Other Policy Considerations section of this report.
Building Permit Application - Strata Lots 217, 218, 219, 4308 Main Street Page 3 January 22, 2013
WHISTLER 2020 ANALYSIS
W2020 TOWARD Descriptions of success that Comments Strategy resolution moves us toward The built environment is attractive and The premises are not considered to be vibrant, reflecting the resort community’s an important restaurant location in character, protecting viewscapes and supporting the vibrancy of the Village evoking a dynamic sense of place. experience. Built Environment Building design, construction and Registration of an easement enabling operation is characterized by efficiency, continued access to venting for the durability and flexibility for changing and entire premises will enable flexibility to long-term use. return to restaurant use in the future This location is one of three large restaurant spaces in Whistler that currently sit vacant. The previous The Whistler economy provides restaurant tenants struggled in this opportunities for achieving competitive location, and the owners have had no return on invested capital. success in leasing the large restaurant space. Repurposing the space into two smaller spaces with more flexible uses is expected to increase leasing viability Economic The premises are not considered to be an important restaurant location in supporting the vibrancy of the Village Whistler holds a competitive advantage in experience. The restaurant space the destination resort marketplace as a requirements to service the hotel result of its vibrancy and unique character, continue to be met. Registration of an products and services. easement enabling continued access to venting for the entire premises will enable flexibility to return to restaurant use in the future.
W2020 AWAY FROM Mitigation Strategies Descriptions of success that Strategy and Comments resolution moves away from n/a n/a n/a
OTHER POLICY CONSIDERATIONS The property is zoned HA1, and retail and personal service use are permitted uses under the current zone regulations. Section 5.18 and Table 5A of the Zoning Bylaw require that restaurant use in a hotel, inn or lodge must have a minimum gross floor area of 50 square metres or 1.5 square metres per guest room, whichever yields the greater floor area. This requirement for restaurant space in a building to be proportional to the number of guest rooms in a building ensures a minimum supply is achieved to service resort guests. The Delta Village Suites has 279 guest rooms, requiring 419 square metres of restaurant space. At 587 square metres of gross floor area, the existing Hy’s Steakhouse space alone occupies 587 square metres and meets the restaurant space requirements for the building established by the Zoning Bylaw. The part of the former Elephant and Castle space that will remain for food and beverage use totals an additional 232 square metres.
Building Permit Application - Strata Lots 217, 218, 219, 4308 Main Street Page 4 January 22, 2013
BUDGET CONSIDERATIONS The potential building permit is subject to building permit fees. If the municipality withheld the building permit and did not adopt the restaurant zoning bylaw under preparation within 90 days from the date of the application, the municipality could be required to pay compensation for damages arising from withholding the permit.
COMMUNITY ENGAGEMENT AND CONSULTATION There has been no engagement or consultation with the community respecting the pending building permit application, nor is any required.
SUMMARY A building permit application is anticipated for Strata Lots 217, 218 and 219 at 4308 Main Street in the Delta Village Suites for a proposed change in use from restaurant to retail or personal service use. This report informs Council of this change in use as directed by Council, for consideration relative to Section 929 of the Local Government Act. This report recommends that Council not withhold this permit as the premises to which it pertains are not considered to be an important restaurant location.
Respectfully submitted,
Melissa Laidlaw PLANNER for Jan Jansen GENERAL MANAGER, RESORT EXPERIENCE
APPENDIX A EXISTING CONDITIONS APPENDIX B
APPENDIX B PROPOSED USES
Food & Beverage
Food & Beverage
Retail/Personal Service
Retail/Personal Service
Retail/Personal Service
REPORT ADMINISTRATIVE REPOR T T O COUNCIL
PRESENTED: January, 22, 2013 REPORT: 13-006 FROM: Resort Experience FILE: 9112 SUBJECT: DRAFT GARIBALDI PARK MANAGEMENT PLAN AMENDMENT
COMMENT/RECOMMENDATION FROM THE CHIEF ADMINISTRATIVE OFFICER That the recommendation of the General Manager of Resort Experience be endorsed.
RECOMMENDATION
That Council directs staff to forward Administrative Report 13-006 to BC Parks as the Resort Municipality of Whistler’s input on the Draft Garibaldi Park Management Plan Amendment.
REFERENCES Appendix A – Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Appendix B – December 6, 2012 BC Parks Open House Presentation
PURPOSE OF REPORT To provide BC Parks the Resort Municipality of Whistler’s response and recommendations on the Draft Garibaldi Park Management Plan amendment.
DISCUSSION In January 2012 BC Parks initiated a process to amend the management plan for an area of Garibaldi Provincial Park immediately adjacent to the Resort Municipality of Whistler (RMOW), specifically referred to as the Spearhead and Fitzsimmons Ranges, or, the Study Area for amendment purposes. In October 2012, BC Parks released a draft amendment to the Garibaldi Park Management Plan (GPMP) for the Study Area. BC Parks has requested the RMOW provide comment on the draft management plan amendment. There are six sections of the GPMP with draft amendments pending: Section 5.2.1: Land Management Section 5.3: Cultural Resources Section 6.2.1: Hiking/Backpacking Section 6.2.3: Mountain Biking Section 6.2.4: Winter Recreation [Backcountry Huts] Section 6.2.5: Commercial Recreation [Heli-Skiing]
Draft Garibaldi Park Management Plan Amendment Page 2 January 22, 2013
BC Parks initiated the management plan amendment in order to address a number of issues within the Study Area, all with direct connections to the Whistler resort community:
Challenges with public access Increasing summer and winter use Known cultural and archaeological sites and features requiring management direction Increasing popularity of mountain biking Interest in developing a system of backcountry huts Renewal of the heli-skiing tenure
At the request of BC Parks, RMOW provided pre-draft input to the proposed GPMP amendment on May 1, 2012 via Council Resolution. For background please refer to the Administrative Report 12- 051. This fall, BC Parks drafted an amendment to the Garibaldi Park Master Plan and has asked RMOW to comment on the draft amendment. In general, the RMOW supports enhanced and expanded infrastructure and park uses with some conditions: Respect ecological functions of the Study Area; Minimize, manage and mitigate any impacts to sensitive environmental areas and wildlife; Manage and minimize wildfire risk, particularly in interface zones; Address financial sustainability of infrastructure development and maintenance, and; Allow for a positive park experience for all user groups. Specific to the potential of expanding infrastructure and uses to include cross-country mountain biking in the Study Area, RMOW is recommending BC Parks reconsider the draft management plan amendment which eliminates the opportunity to collaboratively study mountain bike access, impacts and resort community benefits within the Study Area.
BACKGROUND The GPMP was adopted in September 1990 and the draft amendment has been prepared to update and manage increased use and potential four season recreational infrastructure development in the Study Area. The purpose of the GPMP amendment is to: 1. Provide supplemental direction, and 2. Confirm existing direction regarding public access in the Spearhead and Fitzsimmons Ranges area of Garibaldi Park.
There are three guiding principles for the GPMP amendment:
1. Non-motorised public access is supported; 2. No regulatory changes are considered, and 3. No zoning changes are considered; the amendments will be consistent with the current zoning.
The study is restricted to an area of Garibaldi Park adjacent to, and accessed through the RMOW and includes the Spearhead and Fitzsimmons mountain ranges situated east of Whistler Blackcomb from Wedge Creek in the north south to Cheakamus Lake. The study area does not include Blackcomb Glacier Park and is part of the Natural Environment Zone as defined in the 1990 GPMP which encompasses:
• Backcountry recreation opportunities in a largely undisturbed natural environment; • No roads and moderate facility development in concentrated areas;
Draft Garibaldi Park Management Plan Amendment Page 3 January 22, 2013
• Facilities developed for user convenience – trails, walk-in campsites and shelters, and; • Main management concern: keep user impacts below levels that will impair park resources or significantly reduce user satisfaction while encouraging backcountry use for visitors.
WHISTLER 2020 ANALYSIS RMOW pre-draft input was scoped around Whistler’s Five Community Priorities as outlined in our community vision document, Whistler2020. Appendix A presents the pre-draft input provided by RMOW based on Whistler’s Community Priorities along with the draft management plan amendment content provided by BC Parks and the RMOW’s response and recommendations to the draft management plan amendments. OTHER POLICY CONSIDERATIONS Any infrastructure or development contained in the amended Garibaldi Park Management Plan should be consistent with Whistler’s updated Official Community Plan and associated Development Permit Guidelines which have received third reading and are pending Ministerial approval prior to consideration of adoption.
BUDGET CONSIDERATIONS None at this time. Some actions contained in the draft management plan amendment could have budgetary implications to RMOW, but no RMOW capital resources will be considered for the Study Area, access/egress points or wayfinding until reasonable consultation with all relevant stakeholders has been undertaken.
COMMUNITY ENGAGEMENT AND CONSULTATION BC Parks lead all engagement and consultation for the management plan amendment. The RMOW was engaged as a key stakeholder and provided detailed input through the engagement process. To gather public input to the proposed management plan amendment BC Parks has been conducting a six-step public engagement process:
Step 1: March 2012 – Stakeholder and First Nations engagement including stakeholder workshops in Squamish (March 9, 2012) and Whistler (March 10, 2012). Step 2: March 2012 – Online public comment form with 945 responses. Eighty-five percent of the responses were from the Lower Mainland, 50 per cent of which came from the Sea to Sky Region. Twenty-five written submissions received from stakeholder groups. Step 3: Develop draft management plan amendment (July 2012). Step 4: Draft management plan amendment available for public comment (October 2012). Step 5: Open Houses (Vancouver - November 26, 2012, Whistler – December 6, 2012). Step 6: Management plan amendment update and approvals (March 2013).
SUMMARY RMOW generally supports the Draft Management Plan Amendment for the Spearhead Area of Garibaldi Provincial Park as an opportunity to enhance and promote the park immediately adjacent to and accessible from Whistler as a valuable and valued component of the resort community. Specific management direction will be needed in support of the RMOW’s recommendation that BC Parks and relevant stakeholders have a dialogue regarding the opportunity to add mountain biking as a use within the Spearhead Study Area.
Draft Garibaldi Park Management Plan Amendment Page 4 January 22, 2013
Respectfully submitted,
Kevin Damaskie SUSTAINABILITY COORDINATOR for Jan Jansen GENERAL MANAGER OF RESORT EXPERIENCE
APPENDIX A
Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
Section 5.2.1: Partnering for Success Analysis General Response: Increased Land Management Key partners in the development, BC Parks needs to work with adjacent infrastructure, visibility and access for implementation and monitoring of land managers, including Whistler Garibaldi Park originating in the RMOW the GPMP amendment are: Lil’wat Blackcomb, the Resort Municipality of are valuable assets and additions to Nation, Squamish Nation, BC Whistler, and the Whistler Sliding Centre, resort offerings. RMOW has no Parks, RMOW, Whistler to improve public access to the park. This jurisdiction over the three key Blackcomb and the Squamish- should include improved access to the access/egress points to the park, so Lillooet Regional District. Singing Pass Trail, with a new vehicle- the collaborative approach to planning Three key access points to the accessible trailhead, and well-defined and development put forward in this study area, all originating in access through the CRA, both in summer section is supported by RMOW. RMOW, but not under RMOW and winter. jurisdiction/control: Cheakamus BC Parks needs to engage with the Any development proposed should be Lake FSR (province), Singing Pass appropriate agencies to develop consistent with Whistler’s Official Trail (province) and Whistler designated overnight and day use parking Community Plan and associated Blackcomb Controlled Recreation for park visitors, and to improve access Development Permit Guidelines. Area (provincial Licence of and signage to the Cheakamus Lake Occupation). The RMOW is the trailhead. RMOW is still not clear how the draft “front door” to the Garibaldi Park Recommended Management Plan management plan amendment is backcountry. Amendment aligned with the long term planning for Provincial infrastructure providing The following new objective and the Cheakamus Community Forest. access (Forest Service Roads, associated actions are proposed to be Further discussion between BC Parks trails and parking areas) has not added to section 5.2.1: and the CCF are recommended. been adequately maintained due Objective: To work with adjacent land to budget challenges and has managers to provide appropriate public Specific Response: generally degraded despite an access to the Spearhead Area of the park. Objective: RMOW fully supports the increase in user numbers. The Actions: objective of providing appropriate GPMP amendment should improve 1) Work with adjacent land managers to public access to the Spearhead Area of this situation with sustained capital establish a new vehicle-accessible Garibaldi Provincial Park. and operational funding in trailhead on the north side of Fitzsimmons perpetuity. Creek to provide summer access to the Action 1: RMOW supports the The Whistler Blackcomb Singing Pass Trail. establishment of a vehicle accessible Management Plan update does not - Connect the new trailhead to the existing trailhead for the Singing Pass trail from address Access and Land Singing Pass Trail by way of a new trail, Whistler Village. The RMOW also Management to Garibaldi Park including a footbridge, over Fitzsimmons supports trail access from Whistler
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
within or through the WB Creek. Village to the Blackcomb Mountain side Controlled Recreation Area; this - Explore the establishment of a trail from of the Spearhead Area. It is should be addressed before the trailhead to connect into the park on recommended this Action and Action 2 proceeding to Master Development the Blackcomb Mountain side. below have clearly defined roles, Agreement. 2) Work with Whistler Blackcomb to responsibilities and financial RMOW has two key concerns with improve the park visitor’s experience implications as part of the updated regards to expanding access and through the Controlled Recreation Area Whistler-Blackcomb Master Plan and infrastructure in the study area: 1) and provide appropriate all-season public associated Master Development Increased pressure on Search and access to the park. This includes working Agreement. Rescue from an increase in users together to develop clearly demarcated and use in the study area. trails with signage, and exploring Action 2: RMOW supports the draft Adequate, enhanced funding measures to reduce other barriers to park objective of improved all-season public should follow usage increases for access in summer and winter. access to the Spearhead Area from the this vital public safety service; 2) 3) Work with the Resort Municipality of Whistler Blackcomb Controlled Increased risk of wildfire due to Whistler to designate year-round parking Recreation Area. increased uses and users. The in Whistler Village for both day use and Action 3: province must manage the study overnight park visitors. The RMOW currently area and adjacent connecting 4) Work with appropriate provincial provides year round, day use and areas to the RMOW to mitigate risk ministries and the Resort Municipality of overnight parking for park visitors in of interface wildfire on the resort Whistler to improve access and signage to Day Lot 4 and will continue to monitor community. the Cheakamus Lake trailhead. the demand for such parking. Ensuring Economic Viability
Improved, four season access for Action 4: The RMOW supports the non-motorized recreation in spirit of the action but suggests that it Garibaldi Park from RMOW access be broadened: Work with appropriate points is a viable component provincial ministries, the Resort Whistler’s four season tourism Municipality of Whistler and other economy. stakeholders to improve signage and Economic sustainability of all access to the Cheakamus Lake infrastructure and programs in the trailhead. As the RMOW has no study area is a key factor for jurisdiction on the Cheakamus Lake success. Who pays and how are FSR or trailhead, costs associated with vital questions that must be this action remain the responsibility of answered as part of this study. The the province.
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
province has funding jurisdiction in the study area. Funding must be At its December 13, 2013 meeting the ongoing and reasonable to support Trails Planning Working Group enhanced infrastructure and use in supported in concept the objective and the study area. actions of this section of the draft Enhancing the Resort management plan amendment. Experience Enhance parking, trail and other recreation infrastructure within the study area. Work with the province to ensure revenues from park operations and products are invested back into the park. Whistler should work with the province to position itself as the “front door to Garibaldi Park’s backcountry.” Enriching Community Life Whistler residents and businesses will benefit from enhanced park infrastructure and products. Protecting the Environment Work with the Cheakamus Community Forest Board to evaluate how the GPMP amendment would affect access/egress from the park into the CCF and what management actions and infrastructure actions should be proposed. Section 5.3: Partnering for Success Analysis General Response: Cultural Resources Work with the Squamish-Lil’wat The management plan needs to The RMOW supports the objectives Cultural Centre to assess the and actions in Section 5.3 of the draft
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
viability of First Nations acknowledge that the study area is within management plan amendment as a interpretative programming in the traditional territory of Squamish Nation benefit to Whistler visitors and Garibaldi Park to promote First and Lil’wat Nation. The plan also needs to residents and an opportunity to Nations values as a park asset. recognise First Nations’ cultural values enhance collaborative relations with Ensuring Economic Viability and should include strategies to protect First Nations. First Nations cultural values and archaeological sites and traditional uses in experiences in Garibaldi Park can the study area. The plan should also be showcased in conjunction with include strategies around developing the Squamish-Lil’wat Cultural interpretive themes and signage which Centre. focus on the First Nations and Enhancing the Resort mountaineering histories associated with Experience the park. First Nations influence can be Recommended Management Plan increased if desired. Amendment Garibaldi’s history as a southwest The following changes are proposed to BC mountaineering and ski touring section 5.3: destination should be protected Rename section 5.3 from “Cultural and promoted and interpretation of Resources” to “Cultural Values”. this history should be provided for Include the following text as preamble park users. to the objectives section: “The Enriching Community Life Spearhead Area of Garibaldi Park is Profiling and integrating First within the traditional territory of the Lil’wat Nation and the Squamish Nation. BC Nations culture in the study area is Parks is committed to working a benefit to all communities in the collaboratively with First Nations through region. the implementation of formal agreements Protecting the Environment including the Collaborative Management Indigenous perspectives on Agreement between the Province and the managing the land base and other Squamish Nation and the Sea to Sky Land and Resource Management Plan.” natural resources should be studied. Add the following objective and actions to section 5.3: Objective: Recognise and protect First Nations’ cultural values and traditional uses.
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
• Promote and enable the practice of First Nations’ traditional use and activities in the Spearhead Area, including hunting, trapping, fishing, gathering, and social and ceremonial practices. • Work with Lil’wat Nation and Squamish Nation, and other partners to develop signage to educate the public about First Nations’ history, place names, and traditional use in the area. • Recognise and protect the Squamish Nation’s cultural values associated with the Cheakamus Wild Spirit Place.
• Develop site-specific strategies to protect archaeological sites around park facilities including huts, trails, and campsites. • Register the known pictograph located between Billy Goat Creek and Wedge Creek with the Heritage Branch. • Confirm the location and condition of the aboriginal trail from Billy Goat Creek to Wedge Creek Pass. Objective: Develop interpretive themes focussed on the mountaineering history of the park. • Recognise Garibaldi Park’s mountaineering pioneers and history in interpretive signage. Section 6.2.1: Partnering for Success Analysis General Response: Hiking/Backpacking Review “Report on Whistler Area Summer visitation to the Whistler area is The RMOW supports exploring Hiking Trails, January 2, 2012” by increasing, accompanied by a strong opportunities for an alpine hiking trail
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
the RMOW Forest and Wildland demand for nature-based activities linking Blackcomb and Whistler Hiking Trail Task force for including hiking. There is strong support Mountains. New trail development recommendations re: Singing Pass for improved hiking trails and supporting should be considered as Trail access and maintenance facilities within the study area to control complimentary, not detrimental to issues. and focus visitor impacts and enhance the existing trails and their maintenance A long-term, economically recreational opportunities available in the requirements. RMOW supports sustainable plan for infrastructure park. ensuring resources are committed for maintenance and management Recommended Management Plan adequate levels of trail maintenance for must be in place prior to any Amendment all trails – existing and proposed. expansion in the study area. Delete the following action item: Ensuring Economic Viability • A high route trail in the Spearhead range The RMOW supports the actions to Hiking is a key factor in Whistler’s linking the Blackcomb ski area and the develop the other trails recommended summer offerings. Enhancing and Whistler ski area will be studied in detail. in this section, namely: (1) Flute maintaining the hiking experience Included in the study will be an Summit to Singing Pass trail, (2) is vital to Whistler’s ongoing assessment of impacts to Mountain Cheakamus Lake to Singing Pass and success. Goats. (3) Russet Lake to Adit Lake. Enhancing the Resort Replace with the following action item: Experience • Explore opportunities to develop an At its December 13, 2013 meeting the This is viable tourism infrastructure alpine hiking trail linking Blackcomb Trails Planning Working Group that should be enhanced and Mountain to Whistler Mountain. Any trail supported in concept the objective and marketed to diversify Whistler’s concept will need to ensure the trail actions of this section. tourism experience. provides a high-quality, safe hiking Enriching Community Life experience for a range of abilities, and will be designed to minimise long-term Whistler’s citizens identify and celebrate hiking and backpacking maintenance requirements and costs. The in the park. It is part of our trail design will include basic facilities community identity that should be where appropriate, including campsites, supported and enhanced in the pit toilets, and food caches. study area. Protecting the Environment The following new actions are Waste management is a critical proposed to be added to section 6.2.1: factor that needs to be managed • Work with Whistler Blackcomb to through responsible infrastructure, develop a trail connecting from the Flute systems and user education.
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
Summit to the Singing Pass Trail. • Hiking trails and any associated facilities will be designed to minimise impacts to sensitive ecosystems and wildlife. Ecosystem values of particular concern include Mountain Goats and alpine meadow vegetation. The plan amendment confirms support for the implementation of the following two actions from section 6.2.1: • Develop a trail from Cheakamus Lake to Singing Pass. • Develop a loop trail linking Russet Lake and Adit Lake. Section 6.2.3: Partnering for Success Analysis General Response: Mountain Biking Use RMOW expertise in There are significant challenges The RMOW supports the pre-draft developing multi-use trails to associated with managing mountain biking input provided BC Parks that well-built manage user conflict through trail in the alpine areas, where there is the and managed multi-use (hiking and design and user education. potential for off-trail use which may result biking) trails can enhance the park The Whistler mountain bike in unacceptable environmental impacts to experience for visitors and residents community is a robust and mature fragile alpine and sub-alpine ecosystems. while minimizing user conflict and user group willing to share Through the plan amendment process environmental impacts. “ownership” of increased alpine concerns have been raised about the Specific Response: trail infrastructure. compatibility of mountain biking in this The RMOW is supportive of an Mountain bikes are accessing sensitive area of the park and the potential ongoing, collaborative dialogue Singing Pass Trail from the for conflicts between hiking and mountain between BC Parks, RMOW and other Whistler Mountain Bike Park. This biking. BC Parks is concerned that relevant stakeholders regarding the needs to be better managed to opening this area up to mountain biking potential addition of cross-country minimize conflict between user would detract from a high-quality hiking mountain biking as a park use. Above groups. experience. Furthermore, to minimise treeline mountain bike infrastructure, Ensuring Economic Viability unauthorised off-trail use and conflicts experiences and stunning viewscapes Whistler can further its reputation between users, well-defined, dedicated are a value-add to the resort as an internationally acclaimed bike trails and associated infrastructure community’s current trail offerings –
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
mountain bike destination with the would be required, which are costly to enhancing resort experience, addition of well-built and managed implement and maintain, and result in community life and economic viability. high alpine trails. cumulative impacts to the alpine RMOW recommends the management Well-designed multi-use trails and ecosystem and wildlife. plan amendment reflect a commitment infrastructure should be used to There are other areas in the region where to that dialogue. This is similar in intent manage user conflict. RMOW has mountain biking trails would be more to the language in the 1990 GPMP that experience developing multi-use appropriate. The growing demand for has enabled forward progress on the trail systems that can be shared alpine mountain biking experiences can backcountry hut initiative in section with BC Parks. be addressed by exploring the 6.2.4 of the draft management plan Enhancing the Resort development of new alpine bike trails amendment. Experience outside of Garibaldi Park. Alpine trail expansion and access Recommended Management Plan The RMOW recommends the following is a key component of Whistler’s Amendment objective be included in the amended mountain bike offering that is The plan amendment proposes no management plan to facilitate this currently missing. Access and expansion of mountain biking in the dialogue: infrastructure for mountain biking study area, and therefore the direction in the park can be expanded. with respect to mountain biking in the Explore and study opportunities to Enriching Community Life 1990 Master Plan will not be amended. provide cross-country mountain Whistler has a history of being on There will be no change the objective biking trail access to the Singing the leading edge of mountain in section 6.2.3: Pass area. biking. The mountain biking Objective: Encourage mountain bike community in Whistler is mature access to park trailhead parking areas but At its December 13, 2013 meeting the and responsible. This group should limit cycling to two areas: the Red Heather Trails Planning Working Group be consulted prior to any Ridge trail up to the Elfin Shelter and the supported the intent of the development in the study area. proposed south Cheakamus River Trail. recommended objective. Protecting the Environment Infrastructure in the study area should be developed to the highest standard to minimize environmental risk and maximize ecological values and experience. Section 6.2.4: Partnering for Success Analysis General Response: Winter Recreation All partners should work together Given widespread indications of support The RMOW supports the proposed [Backcountry Huts] to define the comfortable carrying for the hut concept, it is recommended actions in the draft management plan
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
capacity of Garibaldi Park while that the management plan be amended to amendment as beneficial to the creating growth opportunities for provide clear direction to allow huts, with Whistler resort community. winter recreation. provisions including a safety plan, careful Ensuring Economic Viability siting and phasing, and a model which Specific Response: ensures the huts are affordable and Non-mechanized backcountry accessible for all park visitors. Action 1: RMOW supports this action, touring and access are growth Recommended Plan Amendment particularly the focus on minimizing areas in the winter sports. The following changes are proposed to environmental impacts through Garibaldi Park is a naturally section 6.2.4: minimizing site disturbance, waste and spectacular area for this activity Delete the following action: water management and wildlife habitat and infrastructure and product • Study in detail the high route trail in the protection and wildlife conflict expansion is supported. Spearhead Range linking the Blackcomb management. Enhancing the Resort ski area and the Whistler ski area as a Experience possible ski tour route supported by a hut Detailed assessments and planning for A direction to develop a hut to hut system. Included in the study will be an wildfire risk due to increased summer system for ski touring is supported. assessment of impact on Mountain Goats. use of the Study Area, particularly in Enriching Community Life Replace with the following actions: key interface areas with the resort Whistler is a ski resort. Our • Backcountry huts are acceptable in the community, are important factors in this citizens live here to participate in Spearhead Area if the following conditions draft management action. RMOW winter recreation. Enhanced, non- are adequately addressed: - Huts will be requests either referrals or participation motorized infrastructure in the accessible to the public at an affordable in the development of these wildfire risk study area is supported and cost. assessments and management plans.
encouraged. - Huts will provide comfortable Protecting the Environment accommodation with minimal facilities to At its December 13, 2013 meeting the Non-motorized uses are supported support self-sufficient users. Trails Planning Working Group in the study area. Impacts of - Huts will be designed to accommodate supported the action in the draft increased users and infrastructure winter and summer use. management plan. should support the Whistler2020 - Huts, and access to the huts, will be Natural Areas Descriptions of located in areas where impacts to alpine Success. ecosystems and wildlife, including Mountain Goats, are minimised. Huts will not be located in Mountain Goat winter range, and huts will avoid alpine forage habitat adjacent to Mountain Goat winter
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
range. - Any hut proposal will seek to minimise the number of huts. - Any hut proposal will need to describe how water usage and waste management will be addressed, including developing an operational plan which minimises any air access required for servicing the huts. Hut users will be encouraged to pack out their waste. - Any hut proposal will need to include a health and safety plan to address public health and safety associated with both the access to, and use of, the huts. - Any hut proposal will need to include a wildfire plan to address wildfire risk. Section 6.2.5: Partnering for Success Analysis General Response: Commercial Work with all commercial operators Based on the feedback received to date, The RMOW supports the proposed Recreation to manage conflict and maintain most respondents were not in support of actions in the draft management plan [Heli-Skiing] successful business operations in heli-skiing in the park. However, the amendment as beneficial to Whistler the park, where appropriate. ongoing operation of Whistler Heli Skiing resort community and supportive of Ensuring Economic Viability is important to Whistler’s economy and existing resort business and product RMOW supports current and future contributes to the diversity of the offerings. Wildlife conflict avoidance business opportunities that align recreational opportunities offered in the and impact mitigation are important with the guiding principles in the park. Furthermore, the presence of the factors in this section and need to be study area. RMOW would like to heli-ski operator in the park provides an diligently adhered to and monitored. be referred on Park Use Permit important measure of public safety. applications. A 2012 survey of Mountain Goats Specific Response: Enhancing the Resort indicates that the sub-populations in the To capitalize on the heli-ski operator Experience Spearhead Area are healthy. This presence in the park Study Area as a Existing and expanded park use suggests that under the current benefit to public safety and search and permits are supported, pending management regime, heli-skiing rescue assistance perspective, RMOW RMOW referral and comment on operations do not appear to be having a recommends a public safety protocol expanded uses. negative effect on Mountain Goat and procedure be included in the
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
Enriching Community Life populations in the park, possibly because operator’s Park Use Permit with BC Whistler has a strong commercial helicopter access routes avoid goat winter Parks. recreation business community. range. However, the 2012 survey was the Guided products, both winter and first survey in the area since 2000, so it is As indicated in the RMOW pre-draft summer, bring an enhanced level unknown if the population has increased input, RMOW requests a referral on of stewardship and responsibility in or decreased in recent years. Mountain future Park Use Permits in order to the study area. This should be Goat is an easily stressed species and review and comment. encouraged and facilitated in human use, in particular helicopter use, is Action 1: RMOW supports the support of the guiding principles of known to cause distress and habitat direction of no further expansion of this study. avoidance in Mountain Goats. Wolverine heli-skiing operations/activities within Protecting the Environment is another species that occurs in the park the park Study Area. Impacts of commercial recreation and is known to be negatively affected by need to be understood and helicopters and human use. Any Action 2: BC Parks and the heli-ski managed before any expansion or helicopter access to the park will need to operator should work with relevant user development. BC Parks should be carefully managed to minimise impacts groups in the Study Area to maximize develop a clearly-stated to Mountain Goats and Wolverines. This user experience, safety and minimize comfortable carrying capacity for will require further assessment and ecological impacts. each commercial recreation monitoring of the use of the two species in operator. RMOW should be this area of the park. RMOW recommends BC Parks and the referred on any expansion of Park Should huts be developed in the park, the heli-ski operator work with the ski Use Permits. continued presence of heli-skiing could be touring community to develop a a benefit to the hut system through the responsible and respectful “avoidance provision of support services and public protocol” which would be inserted into safety and emergency response. There is the heli-ski operators’ Park Use Permit. some potential for conflict where the areas As indicated in the draft management of usage may overlap. However, conflicts plan action, this protocol could outline can be mitigated through appropriate hut routes – ascending and descending – siting, and careful management of the which are most accessible to non- heli-skiing tenure, including possibly motorized, ski and snowboard touring limiting usage during peak periods. The users, and avoid heli-skiing in these heli-ski operator has indicated a areas on days/periods when touring willingness to explore measures to usage is high. address these interests. Recommended Management Plan
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Garibaldi Park Management Plan draft amendment – RMOW Response and Recommendations Administrative Report 13-006 January 22, 2013
BC Parks Draft Amendment RMOW Response and GPMP Section RMOW Input (May 1, 2012) Recommendations
Amendment The plan amendment proposes to allow heli-skiing to continue in the Spearhead Area of the park. Maintain the following action with respect to heli-skiing in section 6.2.5: • The heli-skiing opportunities will continue to be a recreation service offered in the park. However, no new areas will be considered within the park for additional heli-skiing.
Add the following action: • BC Parks will work with the heli-ski operator to add value for other park user groups and develop a permit management plan which includes restrictions on usage as required to minimise user conflicts and minimise impacts to Mountain Goats and other wildlife.
Page 12 of 12 APPENDIX B Garibaldi Park Management Plan Amendment
Purpose
The purpose of this project is to update the 1990 Garibaldi Park Plan to: a) confirm existing direction, and b) provide supplemental direction regarding public access in the Spearhead Area of Garibaldi Park.
Why the Spearhead Area?
Driven by a number of issues specifically affecting the Spearhead Area of the park: – Challenges with public access – Increasing summer and winter use – Known cultural and archaeological sites and features requiring management direction – Increasing popularity of mountain biking – Interest in developing a system of backcountry huts – Renewal of the heli-skiing tenure Study Area Natural Environment Zone
• Objective: To protect scenic values and provide backcountry recreation opportunities in a largely undisturbed natural environment. • Low to moderate use. • Moderate facility development in concentrated areas; trails, signage, walk-in campsites and shelters. Special Feature Zone
• Objective: To preserve and present significant natural resources because of their special character. • Management is toward a high quality recreational and interpretive experience.
Musical Bumps - Singing Pass Area Objective of the Amendment
The management amendment is guided by: The need to address emerging management issues and needs. A commitment to ensuring a quality recreation experience consistent with the park’s role and zoning. Protecting the park’s natural values including sensitive ecosystems, key wildlife, wildlife habitat, and water resources. Acknowledging and protecting First Nations history, traditional use, and cultural sites.
Planning Process
Step 1: Engage stakeholders and First Nations (March 2012) Step 2: Initial public input (March 2012) Step 3: Develop draft management plan amendment (October 2012) Step 4: Draft management plan amendment for comment (November 2012) Step 5: Open houses and public comment period (closes January 10th) Step 6: Management plan amendment update and approvals (March 2013)
Sections of the Plan
Section 5.2.1 Land Management Section 5.3 Cultural Resources Section 6.2.1 Hiking/Backpacking Section 6.2.3 Mountain Biking Section 6.2.4 Winter Recreation [Backcountry Huts] Section 6.2.5 Commercial Recreation [Heli-Skiing]
Section 5.2.1 Land Management
Management Issue: There are challenges associated with each of the three key access points to the study area: a) Singing Pass Trailhead b) Controlled Recreation Area c) Cheakamus Lake Trailhead
Hiking Trails at Whistler Mountain
Section 5.2.1 Land Management
Objective: To work with adjacent land managers to provide appropriate public access to the Spearhead Area of the park.
Actions: x Work with adjacent land managers to establish a new vehicle-accessible trailhead on the north side of Fitzsimmons Creek to provide summer access to the Singing Pass Trail. - Connect the new trailhead to the existing Singing Pass Trail by way of a new trail, including a footbridge, over Fitzsimmons Creek. - Explore the establishment of a trail from the trailhead to connect into the park on the Blackcomb Mountain side. x Work with Whistler Blackcomb to improve the park visitor’s experience through the Controlled Recreation Area and provide appropriate all-season public access to the park. This includes working together to develop clearly demarcated trails with signage, and exploring measures to reduce other barriers to park access in summer and winter. x Work with the Resort Municipality of Whistler to designate year-round parking in Whistler Village for both day use and overnight park visitors. x Work with appropriate provincial ministries and the Resort Municipality of Whistler to improve access and signage to the Cheakamus Lake trailhead. Section 5.3 Cultural Resources
Management Issue: The plan needs to acknowledge that this part of the park is within the traditional territory of the Squamish Nation and the Lil’wat Nation. The area has been used by First Nations for hunting, fishing, trapping, travel and cultural ceremonies for millennia.
Section 5.3 Cultural Resources
Rename section 5.3 from “Cultural Resources” to “Cultural Values”. Include the following text as preamble to the objectives section: “The Spearhead Area of Garibaldi Park is within the traditional territory of the Lil’wat Nation and the Squamish Nation. BC Parks is committed to working collaboratively with First Nations through the implementation of formal agreements including the Collaborative Management Agreement between the Province and the Squamish Nation and the Sea to Sky Land and Resource Management Plan.”
Section 5.3 Cultural Resources
Add the following objective and actions to section 5.3: Objective: Recognise and protect First Nations’ cultural values and traditional uses. x Promote and enable the practice of First Nations’ traditional use and activities in the Spearhead Area, including hunting, trapping, fishing, gathering, and social and ceremonial practices. x Work with Lil’wat Nation and Squamish Nation, and other partners to develop signage to educate the public about First Nations’ history, place names, and traditional use in the area. x Recognise and protect the Squamish Nation’s cultural values associated with the Cheakamus Wild Spirit Place. x Develop site-specific strategies to protect archaeological sites around park facilities including huts, trails, and campsites. x Register the known pictograph located between Billy Goat Creek and Wedge Creek with the Heritage Branch. x Confirm the location and condition of the aboriginal trail from Billy Goat Creek to Wedge Creek Pass.
Section 5.3 Cultural Resources
Objective: Develop interpretive themes focussed on the mountaineering history of the park. x Recognise Garibaldi Park’s mountaineering pioneers and history in interpretive signage.
Section 6.2.1 Hiking & Backpacking
Management Issue: Summer use in the Spearhead Area is increasing and this use needs to be managed using appropriate facilities. Hikers enjoying the trails. Visitor experience could be improved with new trail connections and signage.
Camping near Mount Pattison. Section 6.2.1 Hiking & Backpacking
Delete the following action item: x A high route trail in the Spearhead range linking the Blackcomb ski area and the Whistler ski area will be studied in detail. Included in the study will be an assessment of impacts to Mountain Goats.
Replace with the following action item: x Explore opportunities to develop an alpine hiking trail linking Blackcomb Mountain to Whistler Mountain. Any trail concept will need to ensure the trail provides a high- quality, safe hiking experience for a range of abilities, and will be designed to minimise long-term maintenance requirements and costs. The trail design will include basic facilities where appropriate, including campsites, pit toilets, and food caches.
Section 6.2.1 Hiking & Backpacking
The following new actions are proposed to be added to section 6.2.1: x Work with Whistler Blackcomb to develop a trail connecting from the Flute Summit to the Singing Pass Trail. x Hiking trails and any associated facilities will be designed to minimise impacts to sensitive ecosystems and wildlife. Ecosystem values of particular concern include Mountain Goats and alpine meadow vegetation.
The plan amendment confirms support for the implementation of the following two actions from section 6.2.1: x Develop a trail from Cheakamus Lake to Singing Pass. x Develop a loop trail linking Russet Lake and Adit Lake.
Section 6.2.3 Mountain Biking
Management Issue: Mountain biking has emerged as one of the most popular activities in the Whistler area. There has been a strong demand for new mountain biking opportunities, particularly in alpine terrain.
Section 6.2.3 Mountain Biking
The plan amendment proposes no expansion of mountain biking in the study area, and therefore the direction with respect to mountain biking in the 1990 Master Plan will not be amended. There will be no change to the objective in section 6.2.3: Objective: Encourage mountain bike access to park trailhead parking areas but limit cycling to two areas: the Red Heather Ridge trail up to the Elfin Shelter and the proposed south Cheakamus River Trail.
Winter Recreation Section 6.2.4 [Backcountry Huts] Management Issue: The 1990 plan provided direction to study a hut-supported ski touring route but did not provide specific direction as Ski touring on the Spearhead traverse. to whether (and how) huts would be allowed.
Russet Lake (Himmelsbach) Hut.
Winter Recreation Section 6.2.4 [Backcountry Huts]
The following changes are proposed to section 6.2.4: Delete the following action: x Study in detail the high route trail in the Spearhead Range linking the Blackcomb ski area and the Whistler ski area as a possible ski tour route supported by a hut system. Included in the study will be an assessment of impact on Mountain Goats.
Replace with the following actions: x Backcountry huts are acceptable in the Spearhead Area if the following conditions are adequately addressed: - Huts will be accessible to the public at an affordable cost. - Huts will provide comfortable accommodation with minimal facilities to support self-sufficient users. - Huts will be designed to accommodate winter and summer use.
Winter Recreation Section 6.2.4 [Backcountry Huts]
- Huts, and access to the huts, will be located in areas where impacts to alpine ecosystems and wildlife, including Mountain Goats, are minimised. Huts will not be located in Mountain Goat winter range, and huts will avoid alpine forage habitat adjacent to Mountain Goat winter range. - Any hut proposal will seek to minimise the number of huts. - Any hut proposal will need to describe how water usage and waste management will be addressed, including developing an operational plan which minimises any air access required for servicing the huts. Hut users will be encouraged to pack out their waste. - Any hut proposal will need to include a health and safety plan to address public health and safety associated with both the access to, and use of, the huts. - Any hut proposal will need to include a wildfire plan to address wildfire risk.
Commercial Recreation Section 6.2.5 [Heli-Skiing]
Management Issue: In 2011 BC Parks renewed the heli-ski permit for five years to allow for an opportunity to seek input through a planning process on the future of this activity in the park.
Commercial Recreation Section 6.2.5 [Heli-Skiing]
The plan amendment confirms that heli-skiing will continue in the Spearhead Area of the park.
Maintain the following action with respect to heli-skiing in section 6.2.5: x The heli-skiing opportunities will continue to be a recreation service offered in the park. However, no new areas will be considered within the park for additional heli- skiing.
Add the following action: x BC Parks will work with the heli-ski operator to add value for other park user groups and develop a permit management plan which includes restrictions on usage as required to minimise user conflicts and minimise impacts to Mountain Goats and other wildlife.
Your Input
Please provide your input on the proposed Garibaldi Management Plan amendment by completing a comment form. Submissions are due by January 10, 2013. We will be taking the input received into consideration prior to finalising the plan amendment.
Questions?
MINUTES
OF THE REGULAR MEETING OF ILLEGAL SPACES TASK FORCE COMMITTEE (ISTFC)
DATE: THURSDAY, NOVEMBER 1, 2012 AT 1:00 P.M.
LOCATION: PICCOLO ROOM, WHISTLER MUNICIPAL HALL 4325 BLACKCOMB WAY, WHISTLER, BC V0N 1B4
IN ATTENDANCE Members - Present Duane Jackson, Councillor, Chair Chris Addario, Ario Construction David Girard, Peak Ventures Ltd. Jim Charters, The Whistler Construction Co.
Members - Absent Rod Nadeau, Innovation Building Group
Municipal Staff Robert Brennan, Planner & ISTFC Secretary Joe Mooney, Manager Building Services Rob Whitton, Fire Chief Kay Chow, Recording Secretary
ADMINISTRATIVE ITEMS Approval of Agenda Councillor Jackson called the meeting order at 1:07 p.m. Moved by David Girard Seconded by Jim Charters That the Illegal Spaces Task Force Committee approves the meeting agenda for November 1, 2012. CARRIED. Adoption of Minutes Moved by Jim Charters Seconded by Joe Mooney That the minutes of the Illegal Spaces Task Force Committee meeting held on August 16, 2012 be adopted. CARRIED. AGENDA ITEMS On-Line Information 1. General discussion regarding the Covenant Modification process, fees and associated costs for exclusion of basement floor area from GFA in single family and duplex dwellings. 2. Information is available from www.whistler.ca. 3. Clarification regarding strata approval requirements. If the modification affects common property then 100% approval from all property owners is required to make an application. If the modification affects only an individual unit then approval from other owners is not required to make an application. 4. Individual applications will be required for each parcel as there are requirements with staff time, legal review and registration at Land
November 1, 2012 RMOW Illegal Spaces Task Force Committee Meeting Minutes Page 2
Title Office to change each individual title. If a group of strata owners in a single strata are prepared to proceed at the same time, staff can consider a single Covenant Modification application if the owners appoint a single representative to handle the payment of fees and legal costs for the individual titles. 5. General discussion regarding the Land Use Contract Amendment process for exclusion of basement floor area from GFA in single family and duplex dwellings.
Brochure Overview 1. The brochure is currently available but needs a higher profile on the RMOW website. 2. Fine tune and update as required.
NEW BUSINESS Topics for Future Discussion 1. Some members have received community feedback regarding task force review of illegal spaces in multi-family properties. 2. There was a discussion regarding the merits of establishing a simplified process. 3. Due to the potential complexities of individual sites, it would be difficult to address with a simplified process. A rezoning application would be a more appropriate process. 4. Some members felt the task force should consider the multi-family properties for review. 5. Other topics for discussion: Loft and vaulted spaces. Building & Daylight plane alternatives to managing a building’s size and relationship to adjoining neighbours and neighbourhood form and character Staff will provide an update on the number of applications received. Moved by Jim Charters Seconded by Chris Addario That the opinion of the ISTFC that illegal space within multi-family properties should be addressed through the rezoning process. One opposed. CARRIED. Next Meeting 1. The next task force meeting is scheduled for Thursday, January 17, 2013. The meeting date was subsequently changed to Thursday, January 10, 2013.
ADJOURNMENT Moved by David Girard That the ISTFC meeting be adjourned at 2:45 p.m. CARRIED. CERTIFIED CORRECT:
______Councillor Duane Jackson, Chair Robert Brennan, ISTFC Secretary cc: File 7645.01
MINUTES
OF THE REGULAR MEETING OF MEASURING UP SELECT COMMITTEE OF COUNCIL (MUSCC)
DATE: WEDNESDAY, NOVEMBER 7, 2012 AT 3:00 P.M.
LOCATION: COMMUNITY ROOM, WHISTLER PUBLIC LIBRARY 4329 MAIN ST., WHISTLER, BC V0N 1B4
IN ATTENDANCE Members - Present Chelsey Walker, Executive Director, Whistler Adaptive Sports Program Mary Ann Collishaw, Manager, Member Relations, Tourism Whistler Phil Chew, Paralympic Athlete
Members - Absent Melissa Deller, Whistler Community Services Society, SNAP Coordinator Wendy Aitken, Director Guest Services, Whistler Blackcomb Sue Lawther, Mature Action Committee
Municipal Staff Kevin Damaskie, Sustainability Coordinator & MUSCC Chair Sarah Tipler, Measuring Up Coordinator, & MUSCC Vice-Chair & Secretary Kay Chow, Resort Experience Clerk & MUSCC Recording Secretary
ADMINISTRATIVE ITEMS Approval of Agenda Kevin Damaskie called the meeting to order at 3:04 p.m.
Moved by Phil Chew Seconded by Chelsey Walker
That the MUSCC approves the meeting agenda for November 7, 2012.
CARRIED. Adoption of Minutes Moved by Mary Ann Collishaw Seconded by Phil Chew
That the minutes of the MUSCC meeting held on October 3, 2012 be adopted, with a correction to Mary Ann’s last name. CARRIED.
Accessibility Toolkit Sarah Tipler led the discussion with a PowerPoint presentation. Define Develop Identify and Review 1. Toolkit – internal and external audience. 2. Internal audience: those within Whistler, i.e. Chamber of Commerce, hotel association, new residents, municipal supervisors and managers, Whistler/Blackcomb (WB) and Tourism Whistler (TW) communications officers, MUSCC. 3. Who’s missing? 4. Restaurant association, bars and nightclubs, School District 48, Vancouver Coastal Health, vocational training, Sea to Sky
November 7, 2012 RMOW Measuring Up Select Committee of Council Meeting Minutes Page 2
Community Services. 5. External audience: visitors, Hello BC, organizations that cater to people with disabilities, Provincial Government Ministries, UBCM, crown corporations that work with Destination Marketing Organization for British Columbia. 6. Does BC see value in accessible tourism? 7. Legacies Now, previously the lead organization for accessible tourism initiative has morphed and re-purposed and re-born as LIFT Philanthropic with a new purpose of social organization and entrepreneurship vs. pure recreation. 8. Does Destination BC exist? Committee to contact them to find out if they have any resources to support and market accessible tourism and find out if they see that as practical. 9. Other external groups: Love It Live It, 9 Lives Adventures, tour operators that specialize, product or program suppliers. 10. Internal audience could channel to the external audience. 11. Common message: Whistler is accessible, spread the message. 12. Market the experiences that are available, adventure, athletic experiences, natural beauty. 13. Quantify dollar value, room nights, annual spending. 14. Provide concise information to the internal audience. 15. Do what Dan from planat asked us to do except use our own tools and content. 16. Promote existing accessible accommodations. 17. One of the biggest challenges is lack of trust. It could be risky to make a blanket statement that all accommodations are accessible. 18. What about an opportunity for accommodation providers to self identify as accessible? 19. Existing communication tools, avenues available: RMOW, WB, TW, WCSS, adaptive sport networks, Visitor Centre, member websites, call centres. 20. What can we use, that we already have in hand? Pick 4 to 6 things that we can push through our channels and track them for a short period. This would provide reporting information for tool kit development, a quantified test. 21. What should be included in the publications, including websites and channels? Whistler accessibility map, messaging about Whistler being accessible. 22. Critical connection – front line service delivery is key. 23. How to track/quantify the value of accessible tourism. 24. Promote venues published on planat. 25. Existing Accessibility Tool Kits: websites from various organizations. Ontario has a municipal accessibility tool kit. Example - Visit England handout. 26. 3 step process: Where is the information? Who owns it? How do we get it? How do we produce it into something that’s ours and works for Whistler? 27. Quantify the accessible tourism market; show that businesses can access it through marketing and sales, then give the people who are in that market the tools to get into it. 28. Establish the criteria. This is the audit level. Who does the audit of private built space in order to effect change?
November 7, 2012 RMOW Measuring Up Select Committee of Council Meeting Minutes Page 3
29. Do we need to be auditors? No, but clear guidelines needed for venues to follow. 30. Is this a tool for businesses to improve their business? Yes. The standards are in the tool kit but the application needs to be up to the individual business, this provides encouragement. Show revenue potential. 31. What do we want in the toolkit? Whistler accessibility map, pamphlets, WASP brochure, access on mountain, accessible lodging, historical data. 32. What format should the toolkit take? USB stick? Hard copies? Website download, links from partner websites to RMOW Landing page. 33. Action items - Sarah: Send letter to Bruce Dewar to explore opportunities; put together data; shape tool kit content and build case to find money to make a Whistler Tool Kit. Target Christmas 2012; test through existing channels in early 2013.
Presentation Outline 1. The Accessibility Toolkit may not need to be presented; it can be given to Whistler Chamber of Commerce as well as to the partners and internal audience for distribution to the external audience.
NEW BUSINESS 1. Chelsey Walker advised that WASP will be hosting 40 wounded soldiers from 4 different countries, for sporting activities in February and March 2013, with the potential of using some municipal facilities. 2. Sarah advised that no progress has been made regarding the accessible parking in the parkade under mountain square into the Carleton Lodge. 3. Information Trade Show to be held December 10, 2012, 2:00 – 6:00 p.m., Whistler Conference Centre. Opportunity to test some of the Tool Kit content at the trade show. 4. Next meeting: potential December meeting pending work done to date, January 2013 meeting cancelled.
ADJOURNMENT Moved by Sarah Tipler Seconded by Chelsey Walker
That the MUSCC meeting be adjourned at 4:15 p.m. CARRIED.
CERTIFIED CORRECT:
______Kevin Damaskie, Chair Sarah Tipler, Vice-Chair & Secretary
cc: 8320.01
MINUTES OF THE REGULAR MEETING OF RECREATION & LEISURE ADVISORY COMMITTEE
DATE: Thursday, December 13, 2012
LOCATION: Whistler Public Library, Community Room
TIME: 4:30 P.M.
ATTENDANCE
MEMBERS PRESENT: Councillor A. Janyk, Ben Thompson, Bob Calladine, Michael Blaxland, Murray Lunn, Stephanie Sloan,
REGRETS: Ben Thomas Tami Mitchell
MUNICIPAL STAFF: Martin Pardoe, Manager, Resort Planning Roger Weetman, Manager, Recreation Services Christine Burns, Recording Secretary
ADMINISTRATIVE ITEMS nd APPROVAL OF MINUTES - Motion: Stephanie Sloan, 2 Bob Calladine. CARRIED
1. RESULTS - 2011 Parks and Trails User Satisfaction Survey - Martin 4:30-4:50 In 2011 Parks performed a Parks & Trails User Satisfaction survey, the intent was to collect data for the Recreation and Leisure Master Plan (RLMP) which was expected to be completed in the spring 2012. However due to other municipal prirorities the RLMP was put on hold until now. The results from this survey have not been made public because the intent was that the information from it would come out with the RLMP. The survey was completed over 2 months, there were 478 partial responses, and 371 respondents did the whole survey. The majority of respondents were long term and 2nd
1 October 25, 2012 Page 2 Recreation Leisure Advisory Committee Meeting Minutes
homeowners. It was broken down to where respondents resided in Whistler, their sex, relationship status, employment, also asked about; Health mobility issues-80% temporary, 17% permanent, 3% non-disclosure dog ownership-35% yes…..88% only one when do you use parks-level correlates with season 3 favourite parks-Lost Lake, Rainbow, Alpha Lake what do you enjoy most-trails, lake, opportunities river and lakes you use frequently – Lost Lake, Alta Lake, Alpha Lake most important qualities- 97% cleanliness and maintenance, 82% sandy beach/waterfront/swim docks, 81% crowding/congestion, 79% ease of access, 77% close to home, 76% washrooms least important qualities 19% watercraft storage, 16% F&B concessions, 14% ball hockey courts most satisfied items-92% cleanliness and maintenance, 86% ease of access, 86% close to home, 82% public washrooms, 81% sandy beach/waterfront/swim docks, 79% open lawn least satisfied items-23% basketball, 23% watercraft storage, 18% ball hockey courts top 3 dissatisfaction topics-23% dog issues, 11% crowding and congestion and rowdy behaviour, 6% F&B and watercraft rental concessions top 4 suggested park improvements-maintenance and washrooms, bylaw police enforcement, parking, dogs (lots of feedback on dogs positive and negative) Trails. Most popular in summer-Lost Lake, Valley Trail, Zappa network (Lost Lake) Winter-Lost Lake predominant uses per trail type-T2 (easy gravel) and T3(more diff blue) most popular types of trails-these two above would be the target if to build more valley trail-satisfiers-91% easy access, 84% maintenance and condition, 75% signs and way finding top 3 improvements-24% expand and address gaps, 13% winter maintenance, 10% general maintenance off road trails- satisfiers 89% variety of terrain and trails, 85% technical difficult, 81% maintenance and condition top 3 improvements-18% expand network, 15% Way finding, 6% maintenance Alpine trails-lots of recent discussion…..not as much response as would have liked. What we heard: people are generally satisfied but there are elements that could be improved upon. Discussion: Some discussion around performing the survey again to generate more response, however Martin expressed that when a survey is done participants expect that something meaningful will come from the information gathered and that the RLMP will be more focused on specific topics, many of which have been identified in this survey and therefore will be easier to manage.
2. RESULTS - 2011 Parks and Trails Visitor Perspectives Survey - Martin 4:50-5:00
2 October 25, 2012 Page 3 Recreation Leisure Advisory Committee Meeting Minutes
This survey involved physically going to parks and interviewing guests. It was performed in September and early October 2011 and commercial bike rental and tour operators were also interviewed. Some challenges surveyors were presented with were; inclement weather, similar themes, suggestions for improvements were limited, people chose a particular park on past experience, for their uniqueness, shelter, warmth of the water, kid friendly structure. Some Recommendations identified were; Rainbow: signage, concession, play structure Alpha: get dogs further away from docks Whistler Olympic Plaza: more seating Lakeside: signage, parking Bike Trails: create premade loops, better signage, more off road loops, Valley trail: widen high traffic areas, slow fast riders, signage Discussion: Conversation around accidents and if they occur on the trails and do we hear about them. Martin confirmed that they do happen however the RMOW often does not hear about them, we are aware of some areas that have been identified as high use, we are also aware of the importance of maintaining vegetation to maintain clear sight lines and corners. The committee was curious about targeted age and what tour operators/bike shops in particular were surveyed. Martin confirmed that with the parks no age range targeted, and with trails the following tour operators were interviewed: Bike Co, Whistler Eco Tours, Cross Country Connection, Bear Back Biking. Martin also mentioned that the RMOW has had a series of trail counters out in a variety of locations for the past 3 years. This data will be prepared in a graphic as part of the Recreation and Leisure Master Plan’s Background Document. This information is helpful in determining operational priorities as well as when considering network expansion and funding requests.
3. Recreation Assistance Program - Roger & Christine Burns 5:00-5:20 Roger: old policy and new draft policy attached to agenda, Goal is to do a quick review, background existing from 2004, Policy 8 years old so needs to be reassessed.
The program has been renamed P.L.A.Y. (Programs and Leisure Activities for You) by Stephanie Nicoll. The notion of programs is new to this program and the scope of passes available now also includes X Country passes on top of MPSC passes.
The Grade 5/10 program is passes just for MPSC.
Big change to the policy is having RMOW staff make final approval and meet with the individual receiving the assistance; the plan is to still involve WCSS to do pre-screening. The RMOW see’s this as an advantage still as WCSS has access to other programs Kidsport, jumpstart and other programs beside that like foodbank, councilling, etc. Definitions of a family is 2 adults and any dependants under the age of 18 still living at home, the value of the assistance is based on the value of a 20 time pass at MPSC, and this will stay consistent with any changes to fees and charges. The assistance is applied to each family member.
3 October 25, 2012 Page 4 Recreation Leisure Advisory Committee Meeting Minutes
Discussion: Much discussion around why RMOW would get final approval as it is already challenging for vulnerable individuals to make the initial approach for financial assistance. Roger explained that WCSS does a pending approval, we dot eyes and cross t’s as we are accountable to the budget line, it was suggested that WCSS maintain role of dealing with all confidential information as they are equipped to do so and they provide the RMOW with a summary that the client has meet the mandated criteria. Seems redundant to have 2 meetings with individuals, RLAC thinks that need to minimize RMOW time spent on program and concerned about involving too many individuals in the process and minimizing the effect on the individuals accessing the program from a confidentiality perspective.
One of the big changes to the program is around eligibility, the RMOW is recommending that individuals must be a resident for 12 months, and a resident of Canada to qualify.
Discussion: WCSS has a different mandate than us so having the same eligibility criteria is not feasible. RLAC members liked the 12 months and permanent resident eligibility especially when the budget numbers were discussed. In the last 5 years the budget was $9000 and last year $19,000 was spent on this program. Also discussed was that with the increase in the availability of WHA housing there will be less transient population so cost of program may increase. Could we cap the budget, Roger commented that we do not want to cap the budget just create some more controls to help guide the budget.
ACTION: Roger to word smith and clarify each member of family receives, goal to take to council in late January early February.
4. Review Draft Terms of Reference for the Recreation and Leisure Master Plan Update - Martin 5:20-5:40 Martin distributed for members to review, and asked that members please review and comment over the holidays as well as to please respect the confidentially as a draft internal document.
The Terms of Reference is the “bones” of the RLMP process and provides insights to different aspects of what it will address, deliverables, and methodology. As a draft some details are still being worked on. Staff seeks to produce a final draft prior to the next RLAC meeting, where hopefully RLAC will sign off on these Terms of Reference.
Martin then provided a detailed walk through of the document: Purpose is to: - Identify the guiding direction for the protection, enhancement, strategic development, and operational delivery of existing amenities, programming and related services; - Identify current and future needs; - Provide strategic direction of economic value to the resort community, and; - Establish priorities for Whistler's park, trail and recreation facilities over the next 10 years, 2013 - 2022.
4 October 25, 2012 Page 5 Recreation Leisure Advisory Committee Meeting Minutes
Scope includes parks, trails, recreation facilities, programs and also considers assets originating in Whistler and extending beyond municipal boundaries (i.e. trails).
Context includes existing documents and municipal committees to provide the framework for the plan. As well as fiscal considerations, Sea to Sky regional initiatives and amenities.
OCP engagement and recent surveys point to four initial RLMP themes: maintain and protect existing valued assets improve underperforming assets strategically plan new assets to benefit the broader resort community develop policies to improve transparency and streamline initiatives A three phase strategy will be used. Phase 1 is currently underway and involves developing the framework for the Master Plan, a communications plan, and conducting an extensive asset inventory. This is scheduled to be complete by end of January 2013. Phase 2 is the Community Engagement phase and will include interviews and meetings with governments, committees, partners, stakeholders, service providers and general public. Additional surveying and focus groups may be employed. This work is to be completed by end of April 2013. This phase is currently being further developed. Phase 3 is refinement and includes plan writing and review, and ultimately Council adoption. This is scheduled to be complete by end of June 2013. RLAC members can expect further details on the methodology in the final draft.
The deliverables are to include two documents: - Background Reference (an inventory document including: Project Terms of Reference, Guiding Documents, Survey Results, Existing Parks, Recreation and Trail System, Comparative Jurisdiction Data, Cost Data, Sea to Sky Contextual Findings, Community Engagement Summary, and Community Demands) - The Recreation and Leisure Master Plan (Community Engagement Summary, Vision and Direction, Issues and Findings, the Future of Parks, Recreation Facilities and Trails, Service Levels, and Implementation Strategy)
DISCUSSION: Cllr Janyk wanted to know if the RLMP could be used as a means to designate the Whistler Landscape Unit of key importance to our resort economy which in turn may influence Cheakamus Community Forest’s old growth forest harvesting plans. Uculet and Tofino were mentioned as examples. ACTION: Martin to investigate further.
DISCUSSION: Will we be including the senior population in Whistler as Statscan identifies 15% of our population as seniors, and we have more people aging in place. Also how are we going to communicate to involve people? If the project is going to do well how are we going to “feed” the public information? Is there a plan to use social media? ACTION: Martin reinforced that a communications and engagement plan is being developed and that the RMOW will use social media where and when it offers a meaningful and manageable engagement tool.
5 October 25, 2012 Page 6 Recreation Leisure Advisory Committee Meeting Minutes
5. Trails Planning Working Group & the Garibaldi Park Master Plan Amendment - Martin 6:10-6:25 Deferred to next meeting for presentation as running late
6. Whistler Olympic Plaza, Skating Rink Overview - Roger 6:25-6:30 Opening in a week Thursday December 20th, 2-4 is grand opening with Mayor attending, Holiday hours are 11-4 and 6-10. Regular hours are 11-4 and 6-9 Sunday to Thursday and 6-10 Friday/Saturday. Working on final details and Ice is being made.
X-Country opening tomorrow-50% of trails slight discounts
7. New Business / Next Agenda 6:15-6:30
ADJOURNMENT That the Recreation & Leisure Advisory Committee meeting be adjourned, motioned Stephanie Sloan, 2nd Bob Calladine
Meeting adjourned at 6:36 p.m. Next meeting is scheduled for January 17, 2013 at 4:30pm, Municipal Hall-Flute Room
CERTIFIED CORRECT
______RLAC CHAIR
______CHRISTINE BURNS, SECRETARY
cc: original to vault Copy to Council minutes
6
RESORT MUNICIPALITY OF WHISTLER LAND USE CONTRACT DISCHARGE BYLAW (4921 HORSTMAN LANE) NO. 2017, 2012
A BYLAW TO AMEND THE WHISTLER ZONING AND PARKING BYLAW NO.303, 1983 AND DISCHARGE A LAND USE CONTRACT
WHEREAS Council may, in a zoning bylaw pursuant to Sections 903, 904 and 906 of the Local Government Act, R.S.B.C. 1996, c.323, divide all or part of the area of the Municipality into zones, name each zone and establish the boundaries of the zone, regulate the use of land, buildings and structures within the zones, require the provision of parking spaces and loading spaces for uses, buildings and structures, and establish different density regulations for a zone, one applicable to the zone generally and the other to apply if conditions are met; and
WHEREAS a land use contract may, under s.930 of the Local Government Act, be discharged by bylaw with the agreement of the local government and the owner of any parcel of land that is described in the bylaw as being covered by the discharge; and
WHEREAS the owners of the lands legally described as Strata Lot 28, Strata Plan VR. 2482, District Lots 3903 and 4214 have agreed in writing to the discharge of the land use contract charging those lands;
NOW THEREFORE 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 “Land Use Contract Discharge Bylaw (4921 Horstman Lane) No. 2017, 2012”
2. Zoning and Parking Bylaw No. 303, 1983 is amended by:
(a) amending Schedule “A” Zoning Map by changing the zoning designation of the lands described as Strata Lot 28, Strata Plan VR. 2482, District Lots 3903 and 4214 to RS3 (Residential Single Family Three) as shown in heavy black outline and identified on the plan annexed to this Bylaw as Schedule “1”.
3. That certain land use contract registered in the Vancouver Land Title Office under No. G2520 on January 11, 1979, as subsequently modified under No. GB77455, is discharged from the lands described in Section 2(a), and the Corporate Officer shall register a discharge of that land use contract in respect of such lands, together with a certified copy of this bylaw, in the Land Title Office in accordance with the Land Title Act and Section 930(10) of the Local Government Act.
4. If any section or phrase of this bylaw is for any reason held to be invalid by a decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Bylaw.
Given first and second readings this 6th day of November, 2012.
Pursuant to Section 890 of the Local Government Act, a Public Hearing was held this 4th day of December, 2012.
Given third reading this 18th day of December, 2012.
Approved by the Ministry of Transportation this 15th day of January, 2013.
Adopted by the Council this __ day of ______, ____.
Land Use Contract Discharge Bylaw (4921 Horstman Lane) No. 2017, 2012
______Nancy Wilhelm-Morden, Shannon Story, Mayor Corporate Officer
I HEREBY CERTIFY that this is a true copy of “Land Use Contract Discharge Bylaw (4921 Horstman Lane) No. 2017, 2012”
Shannon Story, Corporate Officer
Land Use Contract Discharge Bylaw (4921 Horstman Lane) No. 2017, 2012
SCHEDULE 1
4921 Horstman Lane (Strata Lot 28, Strata Plan VR. 2482, District Lots 3903 and 4214) to be zoned RS3 (Residential Single Family Three)
Blackcomb Way
Painted Cliff Road Spearhead Drive
Horstman Lane
N
Horstman Place
Subject Lands From: Crosland Doak [mailto:[email protected]] Sent: Tuesday, January 08, 2013 11:08 AM To: Donna Wango; Jack Crompton; Duane Jackson; Jayson Faulkner; John Grills; Roger McCarthy; Andrée Janyk Subject: Bear Food Plant List Report 13-001: DO NOT ADOPT
Mayor & Council
Tonight you will receive report 13-001 Bear Food Plant List and Communication Protocol
As a Local Landscape Architect I believe, while this report is a well intended initiative, it is wrongly focused.
2 of the 4 plant groups proposed to be banned from Municipal approvals are native plants found throughout our valley community (Vaccinium species and Sorbus sitchensis) . These are natural foods for bears- this is part of their normal diet. Limiting their planting in highly urban areas and near play grounds is appropriate but an out right band is misguided. Whistler is an interface community, woven into its natural and native environment. Many of our homes and developments back onto bear habitat. We should not propose to eliminate the majority of our native fruiting species form the valley floor . All of our native herbaceous plants and shrubs fruit to some extent, and many of them are food for bears and other animal species.
The 'elephant in the valley' is not native plants but the miss handling of garbage by humans. If you remove or limit their native food the only thing left for early season bears searching in the valley bottom for food is GARBAGE. This motion is a Marie Antoinette recommendation "let them eat (cake) garbage".
This report flies in the face of Whistler 2020:
Whistler2020 Descriptions of Success - Natural Environment
To move us to place we wish to be, The forward-looking Natural Environment Whistler2020 Descriptions of Success were developed and guide our decision making:
1. An ecologically functioning and viable network of natural areas is protected and restored where gaps occur. 2. Degradation of critical natural areas is avoided. 3. Indigenous biodiversity is maintained. 4. The protected natural areas throughout the Corridor include a full spectrum of locally representative ecosystems. 5. Backcountry areas are protected from overuse and degradation. 6. Community members and visitors are educated about the natural environment and act as stewards. 7. Continual learning about natural areas and species informs appropriate restoration and protection efforts. 8. Corridor partners adopt Natural Areas Strategies consistent with the intent of this document. 9. Natural systems guide management approaches. 10. Strategies for restoring degraded ecosystems are identified and implemented. 11. The existence of invasive species in Whistler is eliminated and prevented.
1
The second part of the report is allowing a valley wide witch hunt on native plants on private property ( and public lands).
As a professional and a local interested in the health of bears and our native environment I urge you to send this recommendation back to staff. I urge you to limit this carte blanche attack on a select group of native plants but instead define plant restrictions to urban areas such as the Village, playgrounds and the Highway edges, but not to residential/ forest interfaces and natural public lands.
Humans and bears are not at risk when bears seek natural food, it is the garbage that we need to address.
I hope to attend Council this evening to listen to your review of this report, but if I am unable please accept this address to Council. Thank you for your consideration.
Crosland Doak, MBCSLA, BLA, BArch.
Crosland Doak Landscape Architecture + Design
604. 966-8309 3121 Alta Vista Rd Whistler BC V0N 1B3
2 January 8, 2013 Paul E. Mathews PO Box 63, 5654 Alta Lake Rd., Whistler, BC, V0N 1B0 604 932 5982
Resort Municipality of Whistler Mayor and Council
Via Email: [email protected]
Re: Alta Lake Road Sewer
Dear Mayor and Council,
I was absolutely gobsmacked by the headline on the December 20, 2012 issue of the Whistler Question “Mayor wants to move on Alta Lake Road sewer”. The ensuing article went on to state that the project is estimated to cost $3.54 million to provide sewer to 39 properties. By doing the simple math I come out at a basic cost estimate of $90,770 per property. Having worked in real estate development in resorts for the past 38 years, if we found a project that cost $100,000 per lot just for the sewer we would determine the project to be not economically viable. Normally, we can service land with road, water, sewer, underground power and fiber optics for about $50,000 per unit. The Question went further to say the RMOW would “split the cost” with the residents regardless of external funding which means for us poor property owners a cool $45,000.
I do not believe that previous projects of this nature were supported up to 50% by the local residents. For example, I believe the Emerald sewer system received grants from Federal and Provincial sources and the residents paid a minor portion net of the external funding. While my memory is not perfect as this was some time ago, I thought the cost was brought down to about $7,500 per resident in the Emerald sewer deal. Given the suggestion by The Question, a 50/50 split would mean $45,000 plus another $3,781 per property for municipal works and service charges (can’t forget them) for a grand total of $48,781. Of course there may be financing available through the BC Municipal Finance Authority so they suggest $62,000 over an amortization period of 20 years or $85,000 over 30 years plus the annual fees of $427 per year over 30 years takes us up to WOW, $97,591. How you expect we residents of Whistler’s oldest subdivision to come up with $50,000 or $100,000 is beyond me.
Ignore the Science
I was pretty disappointed by the highly respected Councillor Duane Jackson’s
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statement, “Looking at the science as a reason that this (project) isn’t a high priority seems to be the wrong reason to defer, because it’s not about the 39 property owners, it’s about the crown jewel of the Whistler Summer”. Oh my god, we are now at the point where we say “my mind is made up; don’t confuse me with the facts”.
The current council to their credit, has been extremely productive in clearing up a large back log of significant issues such as the burgeoning annual tax increases, pay parking, effective use of RMI funding, reorganization and streamlining of the RMOW Muni Hall etc. but please, now that you have done such great work let’s not go turning over every stone left in the valley as some type of zealous religion.
Demographics of the West Side
I think we need to look at this thing very rationally and not rush to judgement because there is probably a reason that the Provincial and the Federal governments have refused to fund this project over the last 15 years. Firstly, of 39 lots only 15 are inhabited by 33 full time residents. The subdivision was created in 1913 and is over two kilometers in length so it is very low density. The estimated cost of $3.54 million to service just 33 residents means over $100,000 per full time resident to solve the “perceived” problem. This is like killing a fly with a sledgehammer.
There is also perception that West Side residents have been lobbying strongly for a long time for this sewer. The truth is quite the opposite. Two women, Gay Cluer and Florence Petersen have had a “bee in their bonnet” for a long time over this because “it is simply not fair that we don’t a sewer system while everyone else does”. According to my straw poll over the holidays, Gay Cluer is the only remaining resident fully in favour of the West Side sewer and I may add that Gay expects the RMOW to pay 100% of the cost “as it is only fair” in her mind.
The Science
Notwithstanding Councillor Jackson’s comment, I think science should prevail. In support of some 15 years of applications for Federal and Provincial funding, the RMOW has undertaken substantial monitoring of water quality in Alta Lake and all tests have come back negative. Alta Lake has some of the cleanest water of the all the lakes in Whistler and that is no doubt why Federal and Provincial support has not been forthcoming. Many years ago when the Scotia Creek waterworks froze (1986) my neighbour and I purchased a pump and bought hoses up to our houses for the entire winter and so I can confirm the water in Alta Lake is pure, not only to swim in but also for consumption. My conclusion therefore is, “If it ain’t broke, don’t fix it”.
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The Problems
I believe there are two main problems:
1. The logistics. Two kilometers long with single loaded road with the CN railroad below and then Alta Lake. This is a very complicated technical problem. Do we put the sewer within the CN Rail Right-of-Way at tremendous cost and then a pump station up to the existing manhole at Chaplinville or do we put the sewer line in Alta Lake Road next to the community’s water system and force each house to pump up to the line? This is probably why the configuration of the West Side just does not provide an easy and affordable solution. 2. Mixed Housing Stock. As I said earlier, these lots were subdivided in 1913 by the Pacific Great Eastern Railway. While two buildings remain from the Rainbow Lodge era some were built in the 30’s and some in the 50’s of which there are less than 10 remaining. The new era since the West Side Road was built in 1972 have new septic tanks and fields, package treatment plants or more recently, large holding tanks. My wife and I built a new home in 1995 with a provincially approved septic tank and field which is more than 40 meters from Alta Lake at a cost of about $15,000. Roger McCarthy says he has spent about $30,000 for a 6,000 gallon holding tank which will probably last about one month between pumping.
Solutions
“For every complex problem there is a simple solution; and it is always wrong”. I suggest that we investigate in detail to find out the real problem which may well be a handful of very old septic systems from the homes built in the 30’s and perhaps even the 50’s. If there is say 5 old systems that are not functioning well then it costs say $20,000 to fix each one then the total bill is $100,000 not $3.4 million. So let’s find a doable solution and number and then discuss what portion the Westsiders could contribute to the RMOW.
Let’s please slow down, get very logical and look into this problem in a very measured and intelligent manner with the understanding that we West Side residents simply cannot cut a cheque for $50,000 at the whim of the RMOW.
Thank you for your attention to this matter.
Respectfully submitted,
Paul Mathews
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From: Vincent Massey [mailto:[email protected]] Sent: Monday, January 07, 2013 8:39 AM To: Mayor's Office Subject: By Laws Limiting Artist to Survive
Dear Mayor and Council
My wife Cheryl & I are local artists who have been working in Whistler for over 27 years at our home based studio and gallery. Our gallery sells locally hand made pottery and baskets that are made in our studios in Alpine Meadows.
We have experienced positive growth in sales since 1985 until the downturn in 2008. Tourists and locals have enjoyed the experience of visiting an artist’s workshop and gallery that is removed from the less personal atmosphere of the Whistler village. We consider our gallery an asset to the Whistler art scene, therefore we would like the R.M.O.W. to consider more diverse local art studios outside of the village.
Making a living as an artist has always been fraught with challenges especially in an expensive resort municipality. I have been a board member of the Whistler Arts Council, the Forest and Wild Land Committee for 13 years and a member of Whistler’s Search and Rescue team for over 20 years. We have been members of the Chamber of Commerce and have had a valid business license for over 20 years.
We have attended numerous meetings on Arts and Culture in Whistler over the past 2 decades. We feel that the Arts scene is growing in Whistler, however has been continually stagnated by dysfunctional relationships between R.M.O.W. staff, council and the Whistler Arts Council.
We would like to bring to your attention as well established artists, that we are experiencing it increasingly difficult to stay in business here in Whistler. For one week before every Christmas we have been putting signs out to guide potential clients to our gallery thru Alpine Meadows. Just a few days before Christmas we received a phone call from a very kind and sympathetic RMOW staff member and was asked to take the signs down as this type of signage is illegal. During this call we also learned that our business license does not permit the selling of merchandise from our home based gallery. Can you imagine how surprised we were to learn of this information!
In the December Whistler Chamber Newsletter, it was stated that the small business sector was the fastest growing business in Whistler. This is not new news, small home based business is growing across the country.
We are not asking for special privileges, only that the RMOW take a closer look at exactly what type of hurdles and roadblocks that artists have to endure to make a living in Whistler and what kind of art and culture scene they are hoping to grow in our community? I have seen many very talented artists come go from our town only to end up in a community that is better suited to their artistic potential.
There are other potential artist roadblocks in Whistler that I’m personally aware of; The Point Artist Run Center on Alta Lake has had roadblocks put in their way and lack of funding, the Whistler Pottery
1 Club needs a new home in order for it to grow ASAP. Whistler is desperately in need of a local art gallery in the village that is not located up a staircase that is in the back of a theater. The museum should or could have been in our library, not in a trailer out back, plus the library has under utilized space. The RMOW owns numerous buildings that sit empty while local artists are desperate for affordable space to create. Empty spaces that we are aware of are, the Station house, the old Hostel site on Alta Lake, Spruce Grove Field house and the biggest one of all, is the Athletes Village massive tower in the Cheakamus Crossing neighborhood. We were promised at the unveiling of the master plan of the Celebration Plaza that there would be space for artists to create their work and sell in local galleries etc, what happened to that idea?
When you became elected it was stated by council that if there was something in Whistler that is hindering our business you wanted to know about the matter. Well, the time has come to let you know that the current By Laws are not aligned with supporting Whistler’s 2020 Arts, Culture and Heritage vision. It is now time to instruct council, staff and the Whistler Arts Council to take action on positive growth in the local Arts and Culture of our community.
We would like to acknowledge and applaud Whistler in attracting Michael Audain’s outstanding collection of Canadian Art! Therefore we would love to see Whistler follow the lead of well known established Arts & Culture communities like Salt Spring Island, Vancouver’s Eastside, Hornby Island and Santa Fe, New Mexico and encourage a local grass-roots artist based scene. This in turn will attract the art-buying client that is so desperately needed for artists to survive.
We need your help to change the current By Laws about artist studio signage and selling merchandise out of our home based gallery in Alpine Meadows. As it currently stands we are experiencing that the current By-Laws of our municipality are not structured for Artists to survive in Whistler.
We would like to invite Mayor and council to visit our studio and gallery in Alpine Meadows to experience what our clients and art tourists have been enjoying for nearly three decades. Please show your support of the local Arts and Culture in Whistler.
Thank-you for your time
Vincent Massey BA hons MBA Cheryl Massey VINCENT MASSEY POTTERY 8605 Forest Ridge Dr., Whistler, B.C. V0N1B8 ph. 604-932-6455 www.vincentmasseypottery.com
2 From: Jim Horner [mailto:[email protected]] Sent: Tuesday, January 08, 2013 11:34 AM To: Mayor's Office Subject: Seniors Housing
Dear Mayor and Council, I just received an old e-mail joke again - that funny one advising seniors to get thrown in jail in order to get the care they can not afford. It reminds me about the lack of support in Whistler for our non wealthy seniors.
A few past examples: Seppo mysteriously died in his camper-truck, in the day skier lot after his home was burnt down. I was told that a gang ended up with his property. Luckily for John Hare, Jim Watts let him spend his last chapter in their cabin. There are former Whistler residents down in the Squamish facility, whom would love to be here. Pemberton too has respectful housing for its elders I do not know of another town in our whole province as lacking in senior support as ours. My old home in Queen Charlotte, population under a 1000, has two options.
A possible remedy to explore here would be to find a way to purchase one bedroom units in Marketplace as they become available. Or possibly a tax break for private village unit owners that put their units in a Municipally run seniors rental pool. Please consider trying to initiate an improvement to this situation while you are at the helm.
If anyone missed the joke with the picture of smiling senior Mary pointing a hand gun, let me know and I will forward it to you.
Thank you, Jim Horner 604 932 7756 [email protected]
8624 Fissile Lane, Whistler, B.C. Canada
1 From: W H Lindemann [mailto:[email protected]] Sent: Friday, January 04, 2013 12:47 PM To: Jack Crompton; Donna Wango Subject: To Be or Not to Be in 13 And what's so important about Jan 06,1888
Happy new year Jack, Nancy, Mike, Councillors, Staff
Kudos on doing a great job, Kudos on our Community supporting all of you.
Especially BRAVE AND ENDEARING with the antiquated system of governance you are forced to work with under the Local Govt. Act and the Community Charter which fails over and over again to honour the tribunals of our community, that is of body, mind and spirit.
Jack you read the Acts did you not see what is missing. I'm not advocating to throw out the Baby Slave with the bath water (Bath Water represents the Organized Psuedo-legal Commecial Admiralty System).
Iceland rewrote their constitution online. What's Whistler doing. Look, let me explain: I did not consent to be Governed I only consent to be free and responsible and I consent to be a collaborator and contributor.
We have such an abundance of creative writers and thinkers ALL UNTAPPED, IGNORED at best. WHY?
Why are we not writing our Whistler Constitution the Mandate by the People, not in concrete but a sacred covenant between the People and the Council ever lasting and being improved upon as an open source model of the art of community. In some ways yes you are in your amiable spirits are doing just that but you are still not acknowledging us with the full powers as plenipotentiaries that we are in law as given to us by the creator.
Not to be con-fused with the legal colour of law run by the Organized Psuedo-legal Commercial Admiralty System presuming to have the authority of the law.
We the People in the Community are the law and are in fact the law makers. This acknowledgement by our local government is vastly ignored Why?
Why do we continue to give that power away to a hand full of people in the OPSCA system? Are we satisfied in silently advocating our consent to powerlessness and modern slavery with the high tech overlay grid created when Slavery was abolished in the 1800s ONLY TO REFORM ITSELF into a cleverly crafted modern day slavery through taxes and the creation of the PERSON TESTAMENTARY TRUSTS through contested property as the people; through the registration of births and trading the people as commodities of stock on the international markets and then having the gall to tax them after making millions and millions off of their NAME ESTATE?
Please look in your wallet and you will find your PERSON - your name created in all caps by the government which if you consent to is held commercially liable.
MAXIM: IN COMMERCE A MAN IS EXEMPT FROM LEVY.
IF YOU COUNCILLORS LEARN AND DISCOVER WHAT THAT MAXIM TRULY MEANS YOU WILL BEGIN TO REDEFINE THE ART OF COMMUNITY AND BE A PARTNER WITH THE PEOPLE
1 RATHER THAN BE PIGEON HOLED BY THE LOCAL GOVT. ACT AS THE EXCLUSIVE TOOL AS A GOVERNING BODY BUT MORE OF AN INSPIRATIONAL BODY.
Please forgive me some of you know nothing of the legal name game the govt. has played on us for centuries. It all started with the Cestui Que Vie Act 1666
Government to be more accountable and transparent on all levels. Needs to have two circles. Inner circle is the council - Outer Circle is the staff and people. Numerous People Congresses need to be held like Town Hall Free for All meetings.
For the new year cycle how we as a local community can make a difference and begin to reform our economic system beginning from the ground up and stop the slave machine from the govt. from the top down!
Geery McGeer's birthday is coming up Jan 06 1888. Mayor of Vancouver in the 1930's.
http://www.abeldanger.net/2012/02/ending-private-debt-based-monetary.html
Our Council needs, We need the Council to learn from this man's knowledge and courageous example to set a new standard for integrity and an honorably sustainable economic model to infiltrate and reform the economic fraud we have now.
Why are our ubiquitous taxes are so high and numerous besides crooked federal and provincial management.
Council needs to pass and then act on a new resolution to bring back for our community the power to borrow money from the Bank of Canada through the Province. (Bank of Canada Act 18 j)
ie: For the new sewer for Alta Lake Road Homes. That 3.5 Million Loan at no interest will eventually be rolled over and set off to zero through the Bank of Canada, we are ultimately the (10,000) Whistler Share Holders of the Bank of Canada.
COMER.ORG Two individual Canadians and COMER are confronting the global financial powers in the Canadian federal court.
We are treated as slaves to beg for money from the Feds because we in our ignorance consent to be treated as slaves and not the Creditors/Co-Creators that we are in the eyes of our Creator.
We, Whistler Community and Guests have over the years given Billions of tax dollars to the Fed/Prov Govt. Corporation and we have to go hat in hand, its an insult and a false homage, an abomination, like a false prayer rug out to power brokers that got their power from parasitizing off of the People. Isn't it time to take our power back and put them on Notice. When is enough, enough?
We have the right to control how much money stays in Whistler and how much goes to the Fed/Prov. Why because it's our money/energy to steer in the directions we as a community choose. Ah Freedom of Choice!
Do we have resolutions like that on our community table?
Why do we not have official channels on line at the RMOW polling our people's voices on all major issues such as our Sovereign Wealth Decisions, Banning the cutting of all old/ancient growth trees so we can protect and nurture our Nature Tourism which is worth a hell of a lot more in our economy than a few loggers making
2 money to cut our trees, heck we can pay them to not cut our trees but to manage and nurture our forests to grow into pristine wilderness for our guests from near and afar.
Heck we can even Issue Preferred Stock of Our Wilderness Forests (Like Green Bay Packer Stock, you hold onto it and can't be sold but can be gifted to a family member) to raise Money to Protect Our Forests, Manage trails and wilderness cabins for long hikes etc.
No I keep hearing about another False Prayer Rug - Called the "Anal Allowable Cut" why do we not have a poll online paid for by our money used to collect the voices that are interested in the People Mandating that all Old/Ancient Growth be Protected for all time. And We the People together with RMOW send that Mandate to the Ministry of Forests as an Order not a request, Not a permission because only children ask permission, We are competent and the age of majority, alive (legally) speaking and literally speaking that is the fact.
Fact: The Provincial Corporation Govt. extorts hundreds of millions of our/guest tax dollars and we as a community go along where we are not in charge of how much money stays and goes. That's insane. "Stupid is as stupid does." I think that's a line from that Tom Hanks film.
If we were to exercise our sovereign rights we would call all the shots about our money, and monetary reform and issue a Whistler Currency spendable in WHISTLER WHICH WOULD GIVE EVERYONE A TEN PERCENT DISCOUNT ON ALL PURCHASES.
WE DON'T WANT RESTAURANT TAXES. Done!!!!
We decide. We want to lower property taxes. Done!!!
Not the low bar of Zero Property Taxes.
**** RMOW tells us exactly how much is left and goes to the Fed/Prov after we pay for our whistler schools and the cost of managing our town?
We are competent to handle our affairs of State for it is our pleasure to do so. And we do not have to ask mommy and daddy fed/prov.
Now you know why our property taxes are so high and the Local (as in MexiCAN) Govt. Act initiates a COLLECTOR the Reaper for unpaid prop taxes disregarding the fact that maybe that psuedo owner has paid prop taxes for years, get the Collector, oh no but Home Owner gets no credit for their contribution.
Why is there not a People's Bank created by our local governance to assist those homeowners - has our imagination and creativity in the machine been reduced to follow the fabricated fiction of corporate banking at large pretending that we are the debtors when the opposite is true, that we are the creditors.
Bills of Exchange Act 57.1 Our signature makes the money. The Banks are merely transaction agents for the credit we as the principal create. We have Dominion over the Earth not the Corporate Fictions. But because of ignorance the people buy into the lie and allow the govt. to make them into their image and acquiesce as the legal person the all caps name in all of their ID in their wallet...... to be continued.
Why Whistler Needs To Bring Economic Reform Policy To Our Community For The Benefit Of All???
Lets learn from Gerry McGeer and what he stood for that could work for us.
Comments from the Standing Committee on Banking and Commerce, Canada:
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"Will you tell me why the government with power to create money should give that power away to a private monopoly and then borrow that which parliament can create itself back at interest...Why should a government borrow that money at interest?"
"Now, if parliament wants to change the form of operating the banking system, then certainly that is within the power of parliament."
“It is absurd to say that our country can issue $30,000,000 in bonds and not
$30,000,000 in currency. Both are promises to pay; but one promise fattens the usurer and the other helps the people..
“It is the people who constitute the basis of government credit. Why then cannot the people have the benefit of their own gilt-edged credit by receiving non-interest bearing currency, instead of the bankers receiving the benefit of the people’s credit in interest bearing bonds?”
CHEERS, LOVE AND LIGHT
~ wolfgang
Wolfgang Lindemann Wolfpath Productions [email protected] 4 c/o PO Box 1466 Whistler BC V0N 1B0 604.905.8005
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