Request for Decision Electoral Area C Official Community Plan Bylaw
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Request for Decision Electoral Area C Official Community Plan Bylaw 1484-2017 and Zoning Bylaw 1485-2017, Second Reading Date of Meeting: Regular Board Meeting – July 26 2017 Recommendations: THAT Bylaw No. 1484-2017, cited as “Squamish‐Lillooet Regional District Electoral Area C Official Community Plan No. 1484-2017” be read a second time; and THAT Bylaw No. 1485-2017, cited as “Squamish‐Lillooet Regional District Electoral Area C Zoning Bylaw No. 1485-2017” be read a second time; and THAT Board direct staff to schedule and advertise a public hearing on September 13, 2017 and delegate the holding of the public hearing to Electoral Area C Director Russell Mack with SLRD Chair Jack Crompton as alternate delegate pursuant to Section 469 of the Local Government Act, for the consideration of Bylaw No. 1484- 2017 cited as “Squamish‐Lillooet Regional District Electoral Area C Official Community Plan No. 1484-2017” and Bylaw No. 1485-2017, cited as “Squamish‐ Lillooet Regional District Electoral Area C Zoning Bylaw No. 1485-2017”. Attachments: Appendix 1: Squamish‐Lillooet Regional District Electoral Area C Official Community Plan Bylaw No. 1484‐2017 (as proposed). Appendix 2: Squamish‐Lillooet Regional District Electoral Area C Zoning Bylaw No. 1485‐2017 (as proposed). Key Information: KEY ISSUES/CONCEPTS: The proposed Squamish‐Lillooet Regional District Electoral Area C Official Community Plan No. 1484-2017 and the proposed Squamish‐Lillooet Regional District Electoral Area C Zoning Bylaw No. 1485-2017 would replace the existing Official Community Plan and Zoning Bylaw that currently apply to Electoral Area C. The referral period has been completed, and the bylaws are now ready to be considered for second reading. The new bylaws will greatly improve the clarity and consistency of regulations that apply in Electoral Area C and provide a better bylaw experience for the public and staff. The comments received during the referral process are described in this report. As a result of the referral comments received, staff are proposing several changes to the draft bylaws (described later in this report). Request for Decision 170726_Area_C_OCP_ZB_Report.docx RELEVANT POLICIES: Regional Growth Strategy Bylaw 1062, 2008 Squamish‐Lillooet Regional District Electoral Area C Official Community Plan Bylaw No. 689, 1999 Squamish‐Lillooet Regional District Electoral Area C Zoning Bylaw No. 765, 2002 Pemberton Valley Agricultural Area Plan (2012) BACKGROUND: The proposed Electoral Area C Official Community Plan Bylaw No. 1484-2017 will replace the existing Electoral Area C Official Community Plan Bylaw No. 689, 1999 and the proposed Electoral Area C Zoning Bylaw No. 1485-2017 will replace the existing Electoral Area C Zoning Bylaw No. 765, 2002. REGIONAL IMPACTS ANALYSIS: The proposed Electoral Area C Official Community Plan Bylaw No. 1484-2017 and Electoral Area C Zoning Bylaw No. 1485-2017 affect Electoral Area C only. Electoral Area C is contiguous to the Resort Municipality of Whistler and the Village of Pemberton. Both of these member municipalities have been consulted in the drafting of the subject bylaws. The referral was made after the extensive consultation and extensive opportunities that were provided for input into the creation of the new OCP and Zoning Bylaw. PREVIOUS CONSULTATION Establishment of an information page on the SLRD website providing information and soliciting input Outreach to Village of Pemberton, Resort Municipality of Whistler and the Lil’wat First Nation, Squamish Nation, Lil’wat Nation, St’at’imc Chiefs Council and the N’Quatqua Direct discussions with representatives of three residential Land Use Contract areas (McGillivray Falls, Ponderosa Ranch and Birkenhead Lake Estates) including conducting an information session at the McGillivray Falls property in early July 2016 that a representative of the Ponderosa Land Use Contract property also attended and with the Birkenhead Lake Estates Annual General Meeting November 26, 2016 Solicited and received input from the Agricultural Land Commission (ALC) and Ministry of Agriculture staff 2 Request for Decision 170726_Area_C_OCP_ZB_Report.docx Meeting with the SLRD Area C Agricultural Advisory Committee (“Area C AAC”) September 20, 2016 to review recent ALR Regulation amendments regarding agritourism and “gathering for an event” definitions and rules Public Open Houses were conducted at the SLRD Board offices on February 8, 2017 and at the Blackwater Creek Elementary School on March 15, 2017 on the review and proposed directions for OCP and Zoning Bylaw Presentation to the Area C AAC meeting on March 14, 2017 regarding the Official Community Plan and Zoning Bylaw policies proposed to implement the Pemberton Valley Agricultural Area Plan. REFERRAL COMMENTS ‐ ANALYSIS: Since the bylaws received first reading they were referred for comment on June 1 2017 to the agencies listed in Table I. The referral process is complete. As a result of comments received from these agencies, there are several areas of proposed changes to the bylaws. A summary of the SLRD’s response to the various agency comments is presented below in Table 1. Table 1: Agency Comments and SLRD Responses. OCP and / or Zoning Agency Agency Comments SLRD Response Bylaw Changes Ministry of No reply n/a None Agriculture Agricultural No reply n/a None Land Commission Ministry of No reply n/a None Forests, Lands and Natural Resource Operations Ministry of The Ministry has reviewed the n/a None Transportation drafts of the new Official & Infrastructure Community Plan and Zoning Bylaws for Area C. At this time, the Ministry’s interests do not appear to be affected. Preliminary Approval is granted for the rezoning for a one year period pursuant to section 52(3)(a) of the Transportation Act (i.e. if the zoning bylaw is not adopted within a year, MOTI will be required to be re-consulted). 3 Request for Decision 170726_Area_C_OCP_ZB_Report.docx Ministry of the No Reply n/a None Environment N’Quatqua First No reply n/a None Nation Lil’wat Nation No reply n/a None Vancouver A detailed response was sent by Coastal Health the VCHA outlining a number of Authority topical issues, many of which cannot be dealt with by the proposed OCP or Zoning Bylaw, and would be better suited for other regulatory bylaw and/or policy development. The comments that can be accommodated in an OCP or Zoning Bylaw by the SLRD are: OCP: 1. Refer to “community food 1. This is a useful 1. Section 5.4.52 title security”” instead of “food clarification and text amended to security” emphasize that this is a policy specific to the local community 2. Add comment that directing 2. This is a useful 2. Section 3.2 - Climate growth to existing communities clarification Change and has a role in reducing climate Greenhouse Gas change impact and reducing Reduction amended green house gas creation Zoning Bylaw 1. Reference to “Health Act” 1. This is a useful 1. Reference in Section should be revised to the “Public clarification 6.7.6 revised Health Act” Interior Health No reply n/a None Authority Resort The Resort Municipality of Municipality of Whistler provided substantial Whistler comments on two main items: 1. Policies regarding the new 1. Since there are no 1. Planned Planned Communities – with a Planned Communities Communities references concern raised that the polices for in Area C and no intent and policies deleted new Planned Communities would to create new ones, the throughout promote their creation contrary to proposed policies that the Regional Growth Strategy and were intended to guide other policies in the OCP to direct any proposals to create growth to established centres, them are not necessary and and can be deleted from the draft bylaw. 4 Request for Decision 170726_Area_C_OCP_ZB_Report.docx 2. Policies that could be 2. It is not the intent to 2. Minor wording interpreted to support support development changes throughout to development of industry, outside of existing enforce the policy commercial and residential uses communities so minor direction that new outside of existing communities rewording to address development should not contrary to RGS and overall intent this is required take place outside of of the OCP existing communities, including deletion of reference to need for car sharing and Transportation Demand Management Plans for development more than 10 units Village of A detailed response was sent by Pemberton the Village of Pemberton to the draft OCP suggesting a number of edits to clarify the text. No substantive policy issues were identified. No comments were received with respect to the Zoning Bylaw. The comments that can be accommodated in the OCP are: 1. Definitions: 1. This is a useful 1. “mountain biking” Add “mountain biking” to the addition added to the definition of definition of Dispersed Outdoor Dispersed Outdoor Recreation Recreation 2. Refer to “Mount Currie” instead 2. This is a useful 2. Revisions made of “Mt. Currie” correction throughout the text 3. Add Portage Road and 3.This is a useful 3. Section 3.4 – Pemberton Meadows Road addition Transportation amended to add Portage Road and Pemberton Meadows Road 4. Update information on waste 4. This is a useful 4. Section 3.5.1 – Solid management and recycling in addition Waste Management Village of Pemberton amended to update Pemberton information re solid waste management and the proposed Pemberton Re-Build–it Centre 5. Refer to the recent Pemberton 5. This is a useful 5. Section 3.5.3 Trail Standard Guidelines based update amended to refer to the 5 Request for Decision 170726_Area_C_OCP_ZB_Report.docx on the Whistler mode instead of Trail Standard the Whistler Trail Standards Guidelines acceptable to handbook the SLRD. 6. Add cycle tourism to activities 6. This is a useful 6. Section 3.5.3 supported by the Trail Network addition amended add cycle Plan tourism to activities supported by the Trail Network Plan 7.