By-law 495 - Consolidation for Convenience Only January 2007
SQUAMISH-LILLOOET REGIONAL DISTRICT
OFFICIAL COMMUNITY PLAN BY-LAW NO. 495
A by-law to adopt the Electoral Area D Official Community Plan By-law No. 495.
WHEREAS the Board wishes to adopt a new Official Community Plan pursuant to Part 29, Division 1 of the Municipal Act; AND WHEREAS the Board has examined the plan in conjunction with its most recent capital expenditure program under Section 266 of the Municipal Act and any waste management plan or economic strategy plan that is applicable to the Regional District to ensure consistency between them; AND WHEREAS the Board has referred the plan to adjoining municipalities and regional districts for comment; AND WHEREAS the Board has held a Public Hearing pursuant to Section 956 of the Municipal Act; NOW THEREFORE, the Board of the Regional District in open meeting assembled hereby enacts as follows: 1. This by-law shall be cited as the “Electoral Area D Official Community Plan By-law No. 495. 2. Schedule A attached hereto is hereby made part of this by-law and adopted as the Official Community Plan for the Electoral Area D Plan Area. 3. If any section, subsection, sentence, clause, or phrase of this By-law is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder. READ A FIRST TIME this 25th day of January , 1993. READ A SECOND TIME THIS 31st day of January , 1994. PUBLIC HEARING held on the 12th day of April , 1994. READ A THIRD TIME this 30th day of May , 1994. APPROVED by the Minister of Municipal Affairs on the 24th day of August , 1994. APPROVAL NO. 940505 RECONSIDERED, FINALLY PASSED AND ADOPTED this 26th day of September , 1994.
R. D. Cumming Ivan Knowles Chairperson Secretary-Treasurer
I hereby certify the foregoing to be a true and correct copy of “Electoral Area D Official Community Plan By-law No. 495” as adopted by the Regional Board September 26, 1994.
Ivan Knowles Secretary-Treasurer
L:\legal\Bylaws\Bylaws\Consolidated By-laws\CCP495.doc IMPORTANT NOTICE
THIS IS AN UNOFFICIAL CONSOLIDATION OF BY-LAW NO. 495 WHICH HAS BEEN PREPARED FOR CONVENIENCE ONLY. (Amendment By-laws #677, 692, 714, 743, 885, 913, 940, 946)
ALTHOUGH THE SQUAMISH-LILLOOET REGIONAL DISTRICT IS CAREFUL TO ASSURE THE ACCURACY OF ALL INFORMATION PRESENTED IN THIS CONSOLIDATION, YOU SHOULD CONFIRM ALL INFORMATION BEFORE MAKING ANY DECISIONS BASED ON IT. INFORMATION CAN BE CONFIRED THROUGH THE SLRD PLANNING DEPARTMENT By-law 495 - Consolidation for Convenience Only January 2007
SCHEDULE A
SQUAMISH-LILLOOET REGIONAL DISTRICT
ELECTORAL AREA D OFFICIAL COMMUNITY PLAN
May 1994 6119703.1
By-law 495 - Consolidation for Convenience Only January 2007
TABLE OF CONTENTS
PAGE
SECTION 1 INTRODUCTION 1
SECTION 2 PLAN AREA BOUNDARIES 2
SECTION 3 GUIDING PRINCIPLES 4
3.1 Principle 1 - Manage Development by Providing 4 an Overall Strategy and a Series of Land Use Designations 3.2 Provide a Sharp Distinction Between Fully Serviced 5 Development and Rural Development Self Sufficient in Services 3.3 Exercise Caution in Natural Hazard Areas 5 3.4 Consider Cumulative Effect of Development 5 3.5 Cooperate with Other Local Governments and Indian 6 Bands which have Reserves Adjacent to the Plan Area 3.6 Maintain High Visual Quality Standards in the Area 6 Included in the Sea to Sky Local Resource Use Plan (LRUP) Area 3.7 Recognize the Diversity of Settlements and Structure 6 Local Planning Processes for the Various Sub-Areas
SECTION 4 GENERAL P0LICIES 7
4.1 Crown Land 7 4.2 Agricultural Land Reserve 8 4.3 Hazard Areas 8 4.4 Fringe Area Development 10 4.5 Community Services 10 4.6 Affordable Housing 12 4.7 Heritage Resources 12 4.8 Highway 99 Visual Quality 12 4.9 Environmentally Sensitive Areas 13 4.10 Sand and Gravel Resources 14 4.11 Transportation 14 4.12 Commercial Development 15 4.13 Industrial Development 15
By-law 495 - Consolidation for Convenience Only January 2007
TABLE OF CONTENTS (Cont’d)
PAGE
SECTION 5 LAND USE POLICIES 16
5.1 Overall Strategy 16 5.2 Land Use Designations 18 5.3 Sub-Area Planning 24
SECTION 6 IMPLEMENTATION 29
6.1 Preparation of a Sub-Area Plan for Sub-Area No. 3 29 6.2 Amendments to the Official Community Plan 30 6.3 Preparation of and Amendment to a Zoning By-law 31 6.4 Subdivision Servicing By-law 32
SCHEDULE B HOWE SOUND EAST SUB-AREA 3 PLAN (Amendment By-law 714)
By-law 495 - Consolidation for Convenience Only January 2007
INTRODUCTION SECTION 1
An Official Community Plan is intended to provide the Regional District with an overall statement on how it intends to manage development within the Plan Area. The Plan contains statements of objectives and policies respecting the form and character of existing and proposed land use, and on servicing requirements within the Plan Area. The focus is on the settlement of land and the Plan does not attempt to provide policy direction on matters such as forest management practices, mineral extraction, and pollution control. These issues are within the jurisdiction of various provincial agencies and it is not the intent of this Plan to undermine the mandate of the relevant provincial agencies.
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PLAN AREA BOUNDARIES SECTION 2
The objectives and policies of the Electoral Area D Official Community Plan apply to all land and water bodies within the area outlined on Map No. 1. The Plan Area is generally bounded by:
• the Electoral Area D boundary to the north; • the boundary of the Squamish-Lillooet Regional District to the south; • the height of land and the boundary of the Squamish-Lillooet Regional District to the west; • the height of land and the boundary of the Garibaldi Provincial Park to the east.
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Insert Plan Area Boundaries Map No. 1
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GUIDING PRINCIPLES SECTION 3
The following statements of guiding principles set out the philosophy and broad direction for dealing with the development issues in the Plan Area. They have been derived taking into account a wide range of factors, including:
opinions of local residents expressed during the public meetings and through written submissions;
input from a wide range of agencies who have been involved in the preparation of the Plan. These agencies were contacted and provided their input during numerous meetings held to discuss the Plan and its contents;
recognition of what is currently happening in the Plan Area and the influence the continued growth in the Lower Mainland will have on the Plan Area. Existing development, the potential for additional development, as well as development currently underway has been recognized;
recognition that numerous agencies and groups have jurisdiction and differing interests within the Plan Area;
sound community planning principles.
The guiding principles are translated into objectives and policies as set out in Sections 4 and 5.
3.1 PRINCIPLE 1 - MANAGE DEVELOPMENT BY PROVIDING AN OVERALL STRATEGY AND A SERIES OF LAND USE DESIGANTIONS
The purpose of preparing an official community plan is to:
establish an overall land use strategy; identify land which should be retained in its current state; identify land which could be developed given existing information; identify land, which upon further study, may have development potential; identify land which should be preserved.
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Included as part of the overall strategy is the establishment of a process which all development applications will follow. By doing so, residents, potential developers, government agencies and interest groups will know the process which will be followed as part of the review for development applications.
3.2 PROVIDE A CLEAR DISTINCTION BETWEEN FULLY SERVICED DEVELOPMENT AND RURAL DEVELOPMENT SELF SUFFICIENT IN SERVICES
Experience has shown that development which is permitted on smaller, rural parcels without the benefit of a community sewer system tends to become a problem for the local government. However, it is also important to recognize that some residents in the Plan Area want to maintain a rural lifestyle.
In order to satisfy both issues, the Plan must allow rural residential development but on the premise that the rural subdivisions must be either fully serviced or rely on on-site services. Fully serviced subdivisions could contain smaller lots while maintaining a rural atmosphere. Lots which are not fully serviced would have to be large enough to safely accommodate all on-site services.
3.3 EXERCISE CAUTION IN NATURAL HAZARD AREAS
There are numerous potential hazard areas in the Plan Area. These include unstable soils, floodplains, areas subject to snow slides and debris flows.
The consequences of inappropriate development in these natural hazard areas can be extreme – major property damage, safety hazard to people, legal liability claims against the Regional District and the Province. To prevent such consequences, it is prudent for the Regional District to identify areas which are documented as hazard areas and to exercise extreme caution in dealing with any applications for development in the hazard areas.
3.4 CONSIDER THE CUMULATIVE EFFECT OF DEVELOPMENT
The Regional District will be under pressure to designate large areas of land as potential development areas. While individual applications might appear reasonable, it is important to be mindful that there is a potential for a number of major proposals. Over a number of years, the cumulative effect of the developments may lead to increased pressure on community services (schools, policing) and on the environment. This in turn would have significant public costs and potential liabilities to the region and the province. As such, the Regional District must have a clear idea of the potential cumulative effects before development occurs.
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3.5 COOPERATE WITH OTHER LOCAL GOVERNMENTS AND INDIAN BANDS WHO SHARE COMMON BOUNDARIES
The Regional District is committed to working with other local governments and Indian Bands who share common boundaries with the Plan Area.
The Regional District will strive to establish a mutually cooperative approach to regional planning with local governments and First Nations. (Plan Amendment By-law 692)
3.6 MAINTAIN HIGH VISUAL QUALITY STANDARDS IN THE AREA INCLUDED IN THE SEA TO SKY LOCAL RESOURCE USE PLAN (LRUP) AREA
The Ministry of Forests has worked with the Regional District and the area municipalities in preparing the Sea to Sky LRUP. The LRUP sets high visual quality standards which the Official Community Plan supports.
3.7 RECOGNIZE THE DIVERSITY OF SETTLEMENTS AND STRUCTURE LOCAL PLANNING PROCESSES FOR THE VARIOUS SUB-AREAS
The Regional District recognizes the great amount of diversity that exists throughout the Electoral Area. The area is comprised of a number of distinct communities and neighbourhoods with diverse issues and interests. In order to plan effectively at the local level the Regional District is committed to planning on a more detailed sub-area basis with the OCP providing the general guiding framework for the overall area. (Plan Amendment By-law 692)
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GENERAL POLICIES SECTION 4
The policies set out below are applicable to all land and water bodies in the Electoral Area D Official Community Plan Area.
4.1 CROWN LAND
The Plan recognizes the Provincial government has a responsibility in the management of the Plan Area’s natural, recreational, tourism, forest, watersheds, mineral, energy, aggregate and other resources, and to promote the concept of sustainability. To this end, the Ministry of Environment, Lands and Parks (BC Lands) will be preparing a comprehensive strategy which will attempt to resolve the sometimes conflicting provincial interests on Crown land.
The comprehensive strategy will aim to identify portions of the Crown Lands in the Study Area which are suitable for resource use, recreation and in some cases, development for tourism, recreation and residential use. The Regional District sees the need for a comprehensive strategy for Crown Lands under consideration for development, specifically Brohm Ridge and Callaghan Valley, and will work cooperatively with the provincial government to achieve a strategy that meets the following objectives. (Plan Amendment By-law 692)
Objectives
To preserve and protect environmentally sensitive and unique natural areas; To retain public access to Crown land for recreation and other public purposes; To recognize the majority of the Plan Area is within the Provincial Forest and that the economic base of the region is still heavily dependent on the forestry section. To recognize that this region is a major tourism and recreation asset for British Columbia and that some Crown Land may have the potential for additional development that will enhance the tourism and recreation potential of the area while respecting its environment.
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Policies
4.1.1 The Regional District recognizes the preparation of a comprehensive strategy by the provincial government, the inclusion of the concept of sustainability into the strategy and the participation of relevant provincial and federal agencies into the preparation of the strategy.
4.1.2 The Regional District supports the position of the provincial government that no major development will occur on Crown land until the strategy is completed, reviewed by relevant agencies and interest groups, and this Official Community Plan is amended to reflect the findings of the strategy.
4.2 AGRICULTURAL LAND RESERVE
Objectives
To ensure that valuable agricultural lands are preserved for agricultural purposes.
Policies
4.2.1 The Regional District supports the agricultural industry and the mandate of the Agricultural Land Commission to protect agricultural lands which have value for agricultural purposes.
4.3 HAZARD AREAS
Objectives
To ensure public safety and to protect property from potential damage by exercising caution when authorizing development in documented hazard areas.
Policies
4.3.1 It is the policy of the Regional District to discourage development in the following areas and as generally outlined on Map No. 2:
Squamish River Floodplain; Garibaldi Civil Defense Zone; Howe Sound Tributaries; Cheakamus River Floodplain; Upper Cheekye Fan; Turbid Creek/Mount Cayley Debris Flow.
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Insert Hazard Area Map No. 2
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4.4 FRINGE AREA DEVELOPMENT
Objectives
To ensure adjacent local governments and Indian Bands are advised of major development proposals and are given an opportunity to comment (major development proposals include recreation, tourism, urban or other projects that have land use, traffic and environmental impacts on the surrounding area). (Plan Amendment By-law 692)
Policies
4.4.1 Where a proposed development may affect an adjoining local government or an Indian Reserve, the Regional District will advise the adjoining local government or Indian Band of the proposal. The Regional District will provide a reasonable amount of time for each to comment and the Regional District will take any comments received into consideration in its review.
4.5 COMMUNITY SERVICES
Objectives
In conjunction with other agencies, to ensure community services are available at a level appropriate to the needs of the local residents and their ability to pay; To encourage efficient utilization of existing services and facilities prior to any expansions.
Policies
Schools
4.5.1 The Regional District will encourage School District No. 48 to continue to provide adequate educational facilities and services to the children in the Plan Area;
4.5.2 The Regional District will advise School District No. 48 of major development proposals;
4.5.3 The Regional District will work with the School District to ensure sufficient land is designated in appropriate locations to allow expansion or development of school facilities within the Plan Area. This work will be part of the Sub-Area Plan noted in 5.1.2;
4.5.4 The Regional District encourages School District No. 48 to allow school facilities to be used for community based recreational activities.
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Protective Services
4.5.5 The Regional District will work with the Royal Canadian Mounted Police and apprise it of development activity and areas of special interest.
4.5.6 At the request of area residents, the Regional District may establish fire protection areas;
4.5.7 The Regional District supports the provision of ambulance service to the residents of the Plan Area by other levels of government;
Library and Health Care
4.5.8 The Regional District will continue to work with other local governments and senior levels of government to provide and maintain adequate library and health care facilities and services to the Plan Area residents;
Parks and Open Space
4.5.9 The Regional District encourages the Ministry of Transportation and Highways, as part of the subdivision process, to obtain park and open space in areas which are subject to major developments and in areas where the Ministry of Environment, Lands and Parks have indicated a need for additional park or open space.
4.5.10 The Regional District encourages Ministry of Environment, Lands and Parks (B.C. Parks) to be an active participant in the planning process, particularly in the area south of the District of Squamish.
4.5.11 The Regional District will pursue the objective of having the Ministry of Transportation and Highways improve public access to Howe Sound.
4.5.12 The Regional District does not have a parks management responsibility at present (1992) and has no jurisdiction over any parks functions in the Plan Area.
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4.6 AFFORDABLE HOUSING
Objectives
To encourage the inclusion of affordable housing in development proposals.
Policies
4.6.1 The Regional District will work with provincial agencies, adjoining local governments and potential developers in an effort to have affordable housing included as an integral part of development within the Plan Area.
4.6.2 The Regional District will encourage affordable housing by including provisions in its Zoning By-law that allows developers to incorporate innovative design into their housing. Provisions which may be included in the By-law are the use of development permits, density bonusing for rental or special needs housing or creation of special zones.
4.7 HERITAGE RESOURCES
Objectives
To encourage the protection and preservation of heritage sites within the Plan Area as much as is practicable.
Policies
4.7.1 The Regional District recognizes and encourages the B.C. Museum of Mining, particularly their strategy to develop their property in partnership with the private sector through the adaptive re-use of their heritage buildings.
4.7.2 Any development at Britannia Beach shall be encouraged to recognize the heritage values of this community.
4.7.3 The Regional District will notify the Minister of Tourism and Culture of any development proposals which may impact upon the heritage resources at Britannia Beach.
4.8 HIGHWAY 99 VISUAL QUALITY
Objectives
To maintain, and where recommended by the Sea to Sky Local Resource Use Plan, enhance the visual quality of the Highway 99 corridor.
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Policies
4.8.1 The Regional District supports the Ministry of Forests in its effort to implement the Sea to Sky Local Resource Use Plan.
4.8.2 It is the policy of the Regional District to require appropriate screening and buffering in areas adjacent to Highway 99 where major developments are proposed.
4.9 ENVIRONMENTALLY SENSITIVE AREAS
Objectives
To preserve and enhance the area’s fish and wildlife habitat; To protect existing watersheds from development which would have a detrimental effect on the area’s water quality; To preserve areas which have recognized ecological significance.
Policies
4.9.1 The Regional District encourages the preservation of fish, and wildlife habitat;
4.9.2 The Regional District encourages the preservation of the area’s watersheds;
4.9.3 Residential development will not be permitted in the area’s watersheds;
4.9.4 Where a water intake exists and development is proposed upstream of the intake, the Regional District will impose setbacks on any development adjacent to the stream, creek or river in order to maintain water quality;
4.9.5 The Regional District recognizes the west side of the Squamish River as environmentally sensitive and will require an environmental impact assessment which provides input on how to mitigate any damages which could result from any development proposal. Of particular importance will be an examination of the fishery habitat to ensure it is protected or enhanced;
4.9.6 Where the Regional District receives a proposal to develop land in or adjacent to the areas of recognized significance, it will refer the proposal to the appropriate agencies.
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4.10 SAND AND GRAVEL RESOURCES
Objectives
To identify the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction
Policy
4.10.1 It is the policy of the Regional District to recognize that the areas identified on Map No. 4 as being areas which contain sand and gravel reserves.
4.11 TRANSPORTATION
Objectives
To encourage the creation of an efficient private and public transportation system which has sufficient capacity to handle the current and anticipated needs;
To provide a system which is sensitive to the ecology and the needs of the local residents.
Policies
4.11.1 The Regional District encourages the Ministry of Transportation and Highways to establish a road network for the Highway 99 corridor. The road network should take into account the impact of continued growth in the Lower Mainland on the roadways which ultimately link all parts of the Plan Area to the Lower Mainland and the interior of the Province;
4.11.2 The Regional District encourages the Ministry of Transportation and Highways to continue with its corridor planning study for a highway connection between the Lower Mainland and the Resort Municipality of Whistler. In preparing the corridor study the Ministry of Transportation and Highways is encouraged to involve the Regional District and provincial agencies who have an interest in participating in the study.
4.11.3 The Regional District encourages the Ministry of Transportation and Highways to be an active participant in the planning process; particularly in the Sub-Area Planning process for the area south of the District of Squamish (see Section 6.1) and the provincially initiated Crown land development strategy (see Section 4.1).
4.11.4 The Regional District encourages the Ministry of Transportation and Highways to upgrade Highway 99 as a scenic, tourist highway;
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4.11.5 The Regional District encourages the Ministry of Transportation and Highways to incorporate a bicycle lane into any future upgrading of Highway 99;
4.11.6 The Regional District supports the objective of BC Rail to increase passenger and freight service in the Plan Area.
4.12 COMMERCIAL DEVELOPMENT
Objectives
To encourage major commercial development to locate within the area’s municipalities.
To limit the type and scale of commercial development which may locate in areas designated as Planned Community.
Policies
4.12.1 The Regional District may permit commercial development in areas designated Planned Community (PC) provided the commercial use:
1. caters to local residents, tourist or recreationalists; and
2. is an integral part of a larger residential development.
4.13 INDUSTRIAL DEVELOPMENT
Objectives
To support the area’s municipalities in attracting non-polluting industries to locate within their boundaries.
Policies
4.13.1 The Regional District will permit non-polluting industrial development in the Plan Area that is compatible with the surroundings and acceptable to the community. (Plan Amendment By-law 714)
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LAND USE POLICIES SECTION 5
The settlement of land within the Plan Area will be managed based on the policies contained within Section 5.1 and 5.2
Under Section 5.1, an overall strategy is presented. The strategy divides the Plan Area into four sub-areas and directs different types of development to the appropriate sub-areas.
Section 5.2 outlines the various land use designations which apply to all land within the Plan Area. These designations set out the land use pattern and strives to recognize existing land uses, anticipate future development pressure and minimize land use conflicts.
Section 5.3 sets out a hierarchy of planning with the OCP establishing the overall land use strategy and sub-area plans providing more detailed plans at the local level. (Plan Amendment By-law 692
5.1 OVERALL STRATEGY
For the purpose of establishing an overall settlement strategy, the Plan Area has been broken down into four sub-areas. Each sub-area is intended to accommodate a different, generalized type of use (e.g. rural residential, agricultural).
The first sub-area is the privately held land northwest of the District of Squamish, adjacent to the Squamish River. The majority of this area is in the Agricultural Land Reserve and is in the 200 year floodplain of the Squamish River. The sub-area is dominated by acreage lots and it is intended this area will continue to be agricultural in nature, dominated by larger parcels.
The second sub-area is located between the Resort Municipality of Whistler and the District of Squamish, in proximity to Highway 99. There is limited amount of private holdings in this area and these private holdings will be largely designated to accommodate rural residential parcels. The exception is Pinecrest and Black Tusk which are existing communities which are both serviced with community water and sewer systems. These existing communities are recognized by the Plan but additional parcels, less the 0.4 hectares in size, will not be permitted in this sub-area.
The third sub-area is located between the District of Squamish and the southern boundary of the Plan Area. This area is recognized as having the greatest potential to accommodate future settlement within the Plan Area. This sub-area contains large areas of privately held land, it is in proximity to the Lower Mainland and can be accessed by Highway 99. Presently, a large residential/recreational development is underway at Furry Creek and this proposal is recognized by the Plan and will proceed based on a development plan submitted and approved by the Regional District and various provincial agencies. Other
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property in this sub-area may be developed but only after the Regional District has prepared a Sub-Area Plan which addresses the key issues as outlined in Section 6.1.
The fourth and final sub-area contains the vast majority of the Plan Area. This area is largely in the Provincial Forest and will be used for resource based activities. In addition, some outdoor recreational uses which utilize the area’s natural features are considered appropriate uses in this sub-area. Included in this sub-area are substantial areas of Crown Land. As noted earlier, the Ministry of Environment, Lands and Parks (B.C. Lands) is preparing a comprehensive strategy which will identify areas which may be suitable for tourism, recreation and residential uses. Once this strategy is complete, and should B.C. Lands wish to use the land for a use other than resource management, or outdoor recreation, an amendment to the Official Community Plan will be required. The form of the amendment will depend on the type of use proposed by B.C. Land or subsequent owners.
Objectives
To establish an overall strategy for the Plan Area which will provide the Regional Board with a guide on which to base future decisions on the settlement of the Plan Area.
To recognize the existing use of land and the need to provide for a variety of land uses.
To direct more intense development to areas designated as Planned Community rather than allowing it to occur throughout the Plan Area.
Policies
.1 It is the policy of the Regional District to have the Sub-Area No. 1 continue to be rural in nature with agriculture being the predominant use.
.2 It is the policy of the Regional District that Sub-Area No. 2 accommodate future rural residential development.
.3 It is the policy of the Regional District that no new development, other than that already underway at Furry Creek, will be permitted in Sub-Area No. 3 until a Sub-Area Plan (as per Section 6.1) has been prepared by the Regional District.
The boundaries of the Sub-Area Planning area will be determined by the Regional District in consultation with the property owners, including B.C. Lands.
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.4 It is the policy of the Regional District that, other than the development associated with mineral, energy or aggregate resources, or recreation development associated with the Whistler Nordic Centre as described in Section 5.2.7.7 of this plan, no new major developments can occur in Sub-Area No.4. Should future comprehensive planning processes conclude that other new development is warranted, this plan will require amendment to recognize the findings of those planning processes. (Plan Amendment By-Law No. 913, 2005)
5.2 LAND USE DESIGNATIONS
Seven designations have been applied to the land contained within the Plan Area. The policies set out below apply to the areas designated on Map No. 4.
5.2.1 Planned Community (PC)
Objectives
To recognize areas which have been developed or will be developed once a development plan has been prepared;
To confer development privileges only after it has been shown that an area can be developed in accordance with sound planning principles and within acceptable environmental standards and the development preserves the areas viewscape to the greatest extent possible;
Policies
.1 Areas designated as Planned Community are outlined on Map No. 4.
.2 All uses located on land designated as Planned Community will be connected to approved community water and sewer systems.
.3 Uses permitted in Planned Community areas include residential and commercial uses which cater to the local residents located within the community.
.4 Recreational uses, such as golf courses, may also be permitted provided the overall development is residential in nature.
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(Plan Amendment By-law 692)
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(Plan Amendment Bylaw 940, 2005)
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5.2.2 Rural Residential (RR)
Objectives
To provide an opportunity for low density rural residential areas in order to accommodate varying lifestyle preferences within the Plan Area.
To ensure rural residential areas created today do not become a financial liability in the future due to inappropriate servicing standards.
Policies
.1 Areas designated as Rural Residential are outlined on Map No. 4.
.2 Where community water and community sewer systems are not to be installed, no parcels less than 2 hectares shall be created.
.3 Where community water and community sewer systems are to be installed, parcels less than 2 hectares, but greater than 0.4 hectares, may be permitted.
.4 Uses permitted in areas designated Rural Residential are residential and agriculture.
5.2.3 Agriculture (AG)
Objectives
To recognize those lands which have agricultural capabilities.
Policies
.1 Areas designated as Agriculture are outlined on Map No. 4.
.2 Land designated as Agricultural will have a minimum parcel size of 4 hectares.
.3 Uses permitted in areas designated as Agriculture are agriculture and residential.
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5.2.4 Resource Management (RM)
Objectives
To work cooperatively with the provincial agencies who are responsible for regulating resource based industries.
To encourage natural resource extractive industries to carry out their activities recognizing the environment, recreational, tourist, and scenic values in the Plan Area.
Policies
.1 Areas designated as Resource Management are outlined on Map No. 4.
.2 The Regional District will encourage the Ministry of Forests to continue to emphasize the maintenance of the scenic values within the Highway 99 corridor.
.3 The Regional District recognizes the provisions of this Plan are not binding on the provincial agencies but encourages the agencies to respect the objectives and policies of this Plan.
.4 Uses permitted in areas designated as Resource Management are forest management (i.e. harvesting of timber and silviculture), the extraction of mineral and aggregate resources, green energy/independent power production, and outdoor recreation which utilizes the area’s natural features (e.g. fishing, cross country skiing, hiking).
5.2.4A Green Energy/Independent Power Production (Plan Amendment By-law No.743)
BC Hydro has committed to meeting at least 10% of new domestic electricity requirements through green energy technologies. The SLRD in general and Electoral Area D in particular, are strategically positioned to take advantage of opportunities presented by emerging technologies and opportunities for independent power projects such as small scale hydro electric generation facilities and geothermal energy production. The SLRD believes it is desirable to accommodate such energy projects under the Resource Management designation.
Policies
.1 Where a proposed power project meets the present or future BC Hydro working definition of “green power” it will be considered consistent with the Resource Management designation in this plan and will not require a plan amendment. Site specific rezoning applications for green energy projects will be evaluated in relation to BC Hydro’s working definition of green power as follows:
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• Renewable – this means the resource must be replenishable by natural processes within a reasonable length of time - at the longest, within about one average human life span. • Environmentally responsible – this means that the project avoids any significant environmental impacts. • Socially responsible – this means that the energy is not generated in a way that conflicts with key community values. • Licensable – this means that the project meets all relevant regulations and standards. Local community impacts and potential community benefits associated with green power projects will also be closely examined in conjunction with specific applications.
For clarity, the above policy is intended to apply to projects which involve power generation only. Where power can be generated as a by product of an industrial or waste management process, a Plan Amendment will be required, even though the power so generated may meet the definition of green energy. (Plan Amendment By-law No.743)
5.2.5 Park (P)
Objectives
To recognize land held in public ownership used for park purposes.
Policies
.1 Areas designated as Park are outlined on Map No. 4.
.2 The Regional District supports the establishment and operation of provincially owned parks and recreation sites.
.3 The Regional District supports provincial agencies efforts to improve public access to Howe Sound and to outdoor recreation opportunities.
.4 The Regional District recognizes the Major Parks Plan Study prepared by the Greater Vancouver Regional District.
.5 The Regional District supports the efforts of the Sea to Sky Trail Committee and other local groups in establishing a trail system linking areas with outdoor recreation potential in the Plan Area to the Municipalities.
.6 Uses permitted in the areas designated as Park are outdoor recreation, parks and ancillary uses.
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5.2.6 Special Planning Area (SPA)
Objectives
To establish a land use designation which identifies areas which have the potential to be developed within the next 5 years.
To provide flexibility in establishing a land use mix provided all proposals are consistent with the provisions of the Official Community Plan.
Policies
.1 Areas designated as Special Planning Area are outlined on Map No. 4.
.2 In order for any development to occur on land designated as Special Planning Area, an application to amend the Official Community Plan by redesignating the parcel to Planned Community must be submitted to the Regional District. A development plan shall accompany each application and the development plan must address the key issues associated with the land. The development plan will be prepared based on the criteria outlined in Section 6.2.2 of this Plan.
.3 Uses permitted in areas designated Special Planning Area are residential on existing parcels and agriculture.
5.2.7 Special Study Area (SSA)
Objectives
To recognize the request of the B.C. Lands to provide a unique designation for the Callaghan Valley.
Policies
.1 The area designated as Special Study Area is outlined on Map No. 4.
.2 The Regional District will designate the Callaghan Valley as a Special Study Area. The designation of this area is done at the request of the Ministry of Environment, Lands and Parks (B.C. Lands).
.3 The Regional District recognizes the provisions of the Official Community Plan are not binding on Crown land but encourages B.C. Lands to reflect the objectives and policies of this Plan in the comprehensive strategy it is preparing for all Crown land in the Plan Area.
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.4 The Regional District supports the position of B.C. Lands that no major development will occur in the Callaghan Valley until the comprehensive strategy has been completed.
5. Should the comprehensive strategy conclude the Callaghan Valley be developed, B.C. Lands is encouraged to apply to amend this Plan. The type of amendment necessary will only become clear once the comprehensive strategy has clarified the type of development proposed.
.6 Uses permitted in areas designated as Special Study Area are forest management (i.e. harvesting of timber and silviculture), extraction of minerals and aggregate resources and outdoor recreation.
.7 Development of a portion of the Callaghan Valley as indicated on Schedule A for the Whistler Nordic Centre (WNC) facilities associated with the 2010 Olympic and Paralympic Winter Games is supported, subject to site specific rezoning of the site proposed for the WNC. The general objectives for this area are to provide for a range of outdoor recreation uses, while preserving and protecting the environmental and scenic values of the area, and to retain public access to Crown land for recreation purposes, while also providing for compatible commercial recreation activities. Further objectives are to provide for post-Olympic use of the WNC to create an accessible, world-class destination for all the Nordic sports and to support year-round use of compatible outdoor recreational and sporting activities, while honoring the principles of environmental and economic sustainability. The following policies will apply to the Whistler Nordic Centre:
1) Permanent facilities associated with the Whistler Nordic Centre proposed for the 2010 Winter Olympics are supported, including the day lodge, cross-country stadium, ski jump and biathlon facilities, and associated parking areas. 2) Residential use, except limited seasonal staff accommodation as permitted on a site-specific rezoning basis, is not supported. 3) Limited tourist accommodation use in the form of a lodge or lodging, RV and tent campsite or overnight cabins may be supported, where such use is directly associated with and necessary to the operation of an outdoor recreation use, sport training or event. Site specific rezoning is required to ensure the use is compatible with the overall intent and objectives for the Callaghan Valley. 4) All commercial activities such as campsites, or other land uses involving buildings and structures, or developments involving alteration of land, are required to obtain a Development Permit for regulation of the form and character of commercial development and protection of the natural environment, its ecosystems and biological diversity, and for protection of development from hazardous conditions in accordance with the guidelines of Development Permit Area #2.
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Development Permit Area #2 – Callaghan Valley
Area
Development Permit Area #2, identified as the Callaghan Valley Development Permit Area, is shown on Schedule A to this bylaw.
Category
(1) Pursuant to Section 919.1(a) of the Local Government Act, the Callaghan Valley area is designated as a development permit area for protection of the natural environment, its ecosystems and biological diversity; (2) Pursuant to Section 919.1(b) of the Local Government Act, the Callaghan Valley area is designated as a development permit area for protection of development from hazardous conditions; (3) Pursuant to Section 919.1(f) of the Local Government Act, the Callaghan Valley area is designated as a development permit area for the establishment of objectives for the form and character of commercial development.
Justification
The Callaghan Valley is located southwest of and adjacent to the Resort Municipality of Whistler, and has a wide range of environmentally sensitive areas, including old growth forest, riparian and wetland areas and habitat for numerous plant communities and wildlife populations. Any future land uses or development should minimize impacts on the environment. Portions of the Callaghan Valley area may also be subject to landslide or flooding, and future development must be located to avoid risk to structures or activities. The area is also a growing outdoor recreation area for motorized and non- motorized activities. It is important to ensure that any future development in the Callaghan Valley have a high standard of design and site development that is consistent with the natural beauty and character of the area, protects environmental values and complements the quality and character of development of the Whistler area.
General Policy
(1) Land shall not be altered, and building permits will not be issued, unless a development permit is approved by the Squamish Lillooet Regional District under Section 920 of the Local Government Act, unless otherwise exempted in this Plan;
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(2) A Development Permit issued or received under the above does not exempt any person from securing a building permit or any requirement of a bylaw, statute or regulation.
Exemptions Development Permits are not required if the proposed development: (1) is an interior renovation; (2) is minor and cosmetic in nature such as the replacement of a door or window, replacement of roofing, repairs to exterior finishes and does not involve altering the structure of the building; (3) is an addition or alteration to an existing building which does not exceed 40 square metres and is located outside any designated hazardous conditions or environmentally sensitive area; (4) is for emergency repairs to buildings and structures where there is a demonstrable and immediate risk to public safety or property; (5) where there are hazardous conditions requiring development precautions which a professional geotechnical report submitted to the Squamish-Lillooet Regional District indicates can otherwise be regulated by the SLRD zoning or building bylaws, and where the professional report states that the land can be safely used for the purpose intended; (6) where an environmental assessment report prepared by registered professionals has indicated that development can proceed according to the conditions specified in the report, and where senior provincial and federal agencies have supported the recommendations and conditions of the environmental assessment report in writing; (7) is a temporary use for which a Temporary Use Permit will be issued by the Squamish-Lillooet Regional District; (8) is within a provincial park.
Guidelines
Development Permits in this area shall be in accordance with the following guidelines:
Protection of the Environment
(1) All construction and site development must be designed and constructed to protect existing vegetation and mature tree stands, to avoid steep slopes or unstable soils, and to avoid disruption to fish and wildlife habitat.
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(2) No development is permitted within riparian areas or wetlands unless approved by provincial and federal environmental agencies in accordance with the Streamside Protection Regulation contained in the Fish Protection Act. (3) Clearing and site development should be avoided in visually sensitive areas, large cuts and fills should be avoided, and any cleared areas on steep slopes or visible from roadways should be replanted with native vegetation. (4) Parking areas and buildings should be designed to minimize run-off, and wherever possible, permeable materials such as gravel shall be used to reduce drainage impacts on adjacent lands and streams.
Form and Character of Development
(5) Design of buildings should ensure view corridors are maintained, and should be designed to suit the physical character of the site and natural slopes. (6) Buildings shall be constructed of natural materials and colours that blend in well with the surrounding environment, and should reflect the mountain character. Building materials must also be durable and appropriate to the winter climate. (7) A pedestrian circulation plan that indicates routes between buildings and to parking areas shall be provided to ensure safe pedestrian movement and separation from vehicular traffic. (8) Existing vegetation should be preserved as part of the development as much as possible, and replanting with native shrubs and trees is required to ensure a mature landscaped appearance. Professional landscape plans are required for all development permit applications. (9) Signage shall be integrated with the building design, shall be unique to the development, and minimize any corporate design elements. A detailed signage program is required as part of the development permit application. (10) Surface parking areas shall be screened by the use of landscaping, berms or fencing, and must provide adequate areas for snow storage and drainage. (11) Any development proposed near Callaghan Lake Provincial Park shall be adequately setback from the park to provide a buffer between the commercial use and park area, and shall be screened from view to ensure no or minimal visual impacts to the park. (Plan Amendment Bylaw No. 913)
5.2.8 Backcountry Commercial Area (BCA)
Objectives
To recognize areas suited for intensive backcountry commercial activity.
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Policies
.1 Areas designated Backcountry Commercial Recreation are outlined on Map No. 4.
.2 The Regional District supports the development of backcountry commercial facilities in appropriate locations as a means of enhancing economic opportunities in the plan area.
.3 Uses in this designation include lodging, retail and food service. (Plan Amendment By-law No. 677)
5.3 SUB-AREA PLANNING (Plan Amendment By-law No. 692)
The Regional District recognizes that each of the sub-areas of Electoral Area D are unique and have diverse interests and issues. Accordingly, more detailed planning for each sub-area is intended within the context of the overall strategy. The Regional District is committed to a hierarchy of planning with the respective communities and stakeholders in each sub-area. Plans for some of the sub-areas may be more rural, recreational or resource based while others will define fully serviced communities together with a number of neighbourhoods. The following diagram is an illustrative example of the intended hierarchy of the planning process. (Plan Amendment By-law No. 692)
(Plan Amendment By-law No. 692)
Official Community Plan (Electoral Area D)
Plan for Plan for Plan for Plan for Sub-Area 1 Sub-Area 2 Sub-Area 3 Sub-Area 4 (Upper Squamish) (Pinecrest / Black (Howe Sound (Remainder Tusk) East) Area D)
Community Community Community Community Special Development Development Development Development Study Area Plan Plan Plan Plan (Callaghan) (Furry Cr.) (Britannia / (Porteau (Garibaldi at Makin) Cove) Squamish)
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Planning at the sub-area level will proceed in consultation with the respective communities and stakeholders in accordance with the guiding principles and overall strategy of the Plan. Sub-area plans will be incorporated into the Electoral Area D OCP by way of plan amendment. Similarly, any community development plans that may be prepared will also be incorporated through amendment to the overall plan. Local area planning will provide the basis for detailed zoning bylaws geared to the special characteristics of each sub-area.
Sub-Area One (Upper Squamish Valley)
This sub-area comprises land on both sides of the Squamish River, the majority of which is located within the 200 year floodplain. The sub-area plan is intended to address appropriate land use controls and minimum parcel sizes that support this area’s designation within the Agricultural Land Reserve. Most of the area is within private ownership but adjacent Crown Lands should also be included in the sub-area planning program. While the ALR establishes some level of land use controls, the sub-area plan must also consider the future land uses of those properties that are outside of the ALR. The formulation of a plan for the Upper Squamish should also take into account future servicing requirements and the appropriate mix of residential, seasonal residential, recreational, and agricultural uses. The focus of the plan, however, should be to maintain the rural character and determine ways to enhance the viability of agriculture.
Sub-area planning for the Upper Squamish area accordingly will reflect the following planning principles: a. respect the rural character of the Upper Squamish Valley and the desire of residents to avoid land use regulations that reflect urban/suburban values; (Plan Amendment By-law No. 692) (Plan Amendment By-law No. 692) b. recognize the need to establish appropriate minimum lot sizes for new subdivisions that have long term capability for on-site water supply and sewage disposal; c. recognize constraints to development imposed by the Agricultural Land Reserve and flood hazards associated with the Squamish River and other watercourses; d. consult and cooperate with the Ministry of Environment, Lands and Parks in its efforts to identify the scope of the lake outburst flood hazard associated with a landslide hazard in the Turbid Creek area so that safe areas for future rural residential subdivision can be identified.
Sub-Area Two (Pinecrest and Black Tusk)
This sub-area includes private and Crown land along Highway 99 between Whistler and Squamish. The sub-area planning process will specifically deal with defining land use regulations appropriate to the established settlements of Pinecrest and Black Tusk. The overall strategy of the Official Community Plan recognizes these existing communities but does not provide for any additional small lot developments. The other lands that are privately held throughout the sub-area are intended to remain as larger rural residential
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parcels. The intent of the sub-area plan will be to primarily focus on neighbourhood issues and goals. The local planning program will form the basis for establishing a zoning bylaw tailored to implement locally defined priorities.
Sub-area planning for the Black Tusk and Pinecrest area should reflect the following planning principles: a. provide for some future development of a type that respects the existing character of the community; b. recognize constraints to development imposed by the Civil Defence Zone hazard.
Sub-Area Three (Howe Sound East)
This sub area is intended to accommodate the development of three communities: Furry Creek, Britannia Beach, and Porteau Cove. Comprehensive planning is needed in order to establish development parameters for servicing, public land requirements, governance and phasing sequence that recognize the significant development potential of Howe Sound East.
Future population growth will be dispersed in the three communities of Furry Creek, Britannia Beach, and Porteau Cove. The overall scale of development and future character of each community will be determined in the sub-area planning process, the underlying theme of which will be to create communities that reflect the following planning principles: a. provide for a variety of types of open space and parkland, with an emphasis on provision of park land at Minaty Bay, ensuring public access to and along Howe Sound and protection of riparian areas along Thistle and Daisy Creeks; (Plan Amendment By-law No. 692) (Plan Amendment By-law No. 692) b. provide for community facilities such as schools, fire halls, health centres and recreation facilities to meet the social and cultural needs of the community; c. provide for a variety of housing types and densities with the recognition that higher densities will be accommodated on sites that minimize impacts on viewscapes and are in proximity to major roads, commercial areas, or Howe Sound; d. reinforce the existing Britannia Beach residential area as an affordable community and seek mechanisms to provide security of tenure for its residents; e. recognize the existing Planned Community designation for Furry Creek; f. consult, cooperate and coordinate with the Squamish First Nation in planning for future development of lands purchased in the Sea to Sky corridor and addressing issues of mutual interest, should their option to purchase those lands be exercised; g. promote business and employment opportunities in Britannia Beach by recognizing the importance of the film industry to the community and by allocating land for commercial and high tech development; h. strengthen and revitalize the existing Britannia Beach townsite and commercial area focussing on its tourist potential and the presence of the BC Museum of Mining;
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i. take advantage of the waterfront locale by accommodating marine commercial recreation and tourist oriented businesses, particularly those with heritage and historical themes; j. provide for upgraded infrastructure, and the realignment of Highway 99; k. examine potential efficiencies and economies of scale by undertaking coordinated planning for infrastructure and service delivery in Howe Sound East as a whole or within one or more communities or neighbourhoods such as Britannia Beach and adjacent lands; and l. respect the environmental and physical features of the area in the identification of development areas and transportation networks.
The sub-area plan will address the servicing and facility needs of the population and will establish appropriate standards for long term operation and maintenance. The sub-area plan may incorporate, or set out the criteria for the formulation of, detailed community development plans.
Sub-Area Four (Largely Crown Land in Provincial Forest)
The vast majority of the Plan area comprises this sub-area. There are two areas that warrant special attention. The Callaghan Valley, at the request of BC Lands, has been designated as a special study area (SSA). The type of development intended for a portion of this area would be recreational in nature. The Regional District does not support residential or other urban development in the Callaghan Valley. The other area that will require special attention is the proposed Garibaldi at Squamish ski resort development. A comprehensive plan for the development will be required in order to address the impacts that such a major development will have on the Regional District.” (Plan Amendment By-law 692)
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(Plan Amendment By-law 692)
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(Plan Amendment Bylaw 940, 2005)
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(Plan Amendment Bylaw 940, 2005)
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IMPLEMENTATION SECTION 6
The policies of this Plan will be implemented through the sub-area planning approach with the following priorities: (Plan Amendment By-law 692)
1. Preparation of a Sub Area Plan for Howe Sound East in accordance with Section 6.1 (Plan Amendment By-law 692) 2. Amendments to the Official Community Plan as per Section 6.2.
3. Preparation of a Zoning By-law for the entire Plan Area with component schedules to reflect the sub-area planning approach. (Plan Amendment By-law 692)
4. Preparation of a Subdivision Servicing By-law for the Sub-Area No. 3 as defined on Map No. 3.
6.1 PREPARATION OF A SUB-AREA PLAN
Prior to applying the Planned Community designation to any sub-area, the Regional District will require a Sub-Area Plan for that sub-area. The Sub-Area Plan will address the settlement related issues and provide direction on:
.1 Proposed land use and overall density;
.2 Who will coordinate development for the various privately and publicly held parcels. Such issues as road linkages, sizing/location and design capacity for all utilities, location of public facilities (e.g. schools, parks, local government building) will be addressed;
.3 Development standards for utilities, roads, parks, school sites;
.4 Operational responsibilities for all public facilities and services once they are constructed;
.5 The projected growth of the Greater Vancouver Regional District and District of Squamish and its influence on development within the Sub-Area Plan area;
.6 The methodology to be used to integrate the historical values associated with the Britannia Beach area in general and the British Columbia Museum of Mining in particular;
.7 The extent of the natural hazard areas, such as floodplain, unstable soils, steep slopes and debris flow areas, and how they will be mitigated;
.8 Areas which will be subject to development permits.
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Once completed, the Sub-Area Plan will be adopted and incorporated as part of the Official Community Plan.
6.2 AMENDMENTS TO THE OFFICIAL COMMUNITY PLAN
.1 When reviewing any application to redesignate land, the Regional District may consider any of the following criteria when they are relevant. In addition, the Regional District may also consider factors beyond the following criteria:
.1 the proposed designation should be compatible with surrounding land uses;
.2 the proposed designation should be compatible with possible future land uses on the Land Use Map or as proposed in a Sub-Area Plan which forms part of the Official Community Plan;
.3 the implications on undertaking any type of development upon broad, environmental components (i.e. chain reaction effect);
.4 the implications of a series of developments, particularly over a small area;
.5 the implications of environmental interventions which create potentially long term instability;
.6 any potentially hazardous conditions, such as flood hazards or steep slopes;
.7 access to the site from adjacent roadways;
.8 that there is adequate water and sewer services;
.9 any proposed amendment should be consistent with the policies and objectives of this Official Community Plan.
.2 In addition to 6.2.1, no plan amendment to redesignate land to Planned Community will be adopted until a Sub Area Plan, as per Section 6.1 has been prepared. Once the Sub-Area Plan has been completed, the Regional District will require the preparation of a development plan for the land which is the subject of the application. The development plan will address the general criteria listed in 6.2.1 as well as the more specific criteria listed below: (Plan Amendment By-law 692)
the form, type, density and location of residential and other uses. Compatibility with the site conditions, the preservation of environmental and scenic resources would have to be addressed;
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where priority has been given in the design of the community to the integration of natural features; the protection of environmentally sensitive areas from development; the incorporation of trails, footpaths and outdoor recreation amenities; the buffering of surrounding areas from impact; the method whereby community water and community sewer facilities will be provided; project phasing; impacts on views and scenery; traffic generation analysis; where a proposal is adjacent to another local government or an Indian Reserve, and where information is available, detail how the proposal relates to the plans the other local government or Indian Band has in place; any other factors the Regional District may consider relevant.
6.3 PREPARATION OF AND AMENDMENT TO A ZONING BY-LAW
.1 Recognizing Sub-Area 3 is presently experiencing the greatest amount of development pressure the Regional District may prepare an interim zoning by-law for the sub-area. This by-law will manage development until the Sub-Area Plan is completed and a more comprehensive zoning by-law dealing with the entire Plan Area, is prepared.
.2 The Regional District will prepare a zoning by-law which includes the entire Plan Area.
.3 Once a zoning by-law is adopted and when reviewing a rezoning application, the Regional District may consider any of the following criteria where they are relevant. In addition, the Regional District may also consider factors beyond the following criteria:
the permitted range of uses in the proposed zone should be compatible with the permitted range of uses on adjacent parcels;
the parcel should be large enough to accommodate the intended use and associated uses such as parking;
specific measure should be set out by the land owner to address any hazardous or environmentally sensitive conditions, ensuring that the land can be used safely for the use intended;
the owner must demonstrate that the site will have access to adjacent
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roadways and will be provided with adequate water and sewer services;
the proposed zone should not conflict with the interests of other government agencies;
the proposed zone should be consistent with the objectives and policies of this Official Community Plan.
6.4 SUBDIVISION SERVICING BY-LAW
A subdivision servicing by-law will be prepared and adopted for Sub-Area 3.
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(Plan Amendment By-law 714)
SCHEDULE B
SQUAMISH-LILLOOET REGIONAL DISTRICT
HOWE SOUND EAST SUB-AREA 3 PLAN
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(Plan Amendment By-law 714)
TABLE OF CONTENTS
1.0 Context...... 2 2.0 Britannia Beach...... 4 2.1 Vision...... 4 2.2 Residential...... 4 2.3 Parks and Open Space...... 6 2.4 Community Amenities...... 7 2.5 Commercial...... 7 2.6 Industrial ...... 8 2.7 Transportation...... 9 2.8 Infrastructure...... 10 2.9 Environmentally Sensitive Areas...... 11 2.10 Heritage Resources ...... 13 2.11 Natural Hazards ...... 13 2.12 Environmental Contamination...... 14 3.0 Development Permit Areas...... 15 Development Permit Area #1...... 15 4.0 Furry Creek ...... 17 5.0 Porteau Cove...... 17 6.0 Implementation ...... 18
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(Plan Amendment By-law 714) 1.0 Context
The Electoral Area D OCP, originally adopted in September 1994 as the Whistler South Official Community Plan Bylaw No. 495, provides guiding principles and general policies for all of the lands within Electoral Area D. The plan establishes Sub-Areas, of which Howe Sound East is Sub-Area 3. One of the four primary implementation measures of Bylaw 495 is preparation of a “Sub Area Plan” for Howe Sound East.
In the Electoral Area D Official Community Plan (OCP), Furry Creek is designated a Planned Community. Britannia Beach and Porteau Cove are designated Special Planning Areas. Bylaw 495 states that the Special Planning Areas can receive the Planned Community designation upon completion of a Sub Area Plan. This reflects the fact that Bylaw 495 did not contain sufficient detail to provide direction for proposed new communities.
In July, 1996, a draft Master Plan for Howe Sound East was prepared (Arlington Group). That plan was not adopted, however the plan document provides a significant amount of background information that is relevant to the planning of Sub-Area 3. This Bylaw relies on much of that information, but for the purpose of conciseness, does not repeat it.
In 2000, a major amendment to the Electoral Area D OCP was undertaken in the form of Bylaw 692, which outlines principles for the Sub-Area planning process in Howe Sound East. Those principles provide the guidance and framework for this Bylaw.
The Sub-Area 3 study area is 19,000 hectares (47,000 acres) in size. It includes three identifiable waterfront locations, Porteau Cove, Furry Creek, and Britannia Beach, as well as extensive mining and forestry lands to the east of the Howe Sound shoreline.
The study area provides many opportunities with respect to future land use, including: • a stunning waterfront location offering spectacular views, • road and rail access up the Sea-to-Sky corridor, • rolling developable land close to the waterfront, • mountain valleys with swiftly flowing creeks, • a historic mine and townsite at Britannia, and • extensive resource lands.
There are also significant constraints, including: • acid rock drainage and contaminated deposits resulting from the previous mining activity at Britannia Beach, • unstable geology that can cause flooding and debris flows along creeks, especially Britannia Creek, • numerous steep slopes that vary in stability, • steep land rising to high elevations close to the shoreline, • riparian areas and other environmentally sensitive resources, • archaeological sites,
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(Plan Amendment By-law 714)
• highway, rail and utility corridors that form barriers to public access, making potentially developable land too expensive to access, and • ongoing forestry activity.
Refer to Map B1 Constraints for an illustration of the constraints that can be mapped.
The likelihood of land development occurring within the 5 to 10 year horizon of a typical land use plan varies for each of four locations within the plan area. However, as one of the primary development areas within the Sea-to-Sky corridor, it is important to establish the overall approach to planning and the projected total population before substantial additional development occurs. Some comments on the potential sequence of development follow: • A development agreement with the Squamish-Lillooet Regional District (SLRD) is in place and Furry Creek has an approved Preliminary Layout Approval (PLA) with the Ministry of Transportation for development of 920 residential units consisting of up to 250 units in the “waterfront” lands and up to 670 single family lots in the “uplands”. Development is about 15% complete. • The Squamish First Nation is has an option to acquire lands owned by BCR Properties Ltd. at Porteau Cove as part of a Comprehensive Agreement with the province, so detailed planning for the future of this area will not occur for some time, if at all from a local government perspective. • The Britannia minesite will require various forms of remediation before development of lands owned by Copper Beach Estates and the BC Museum of Mining can proceed. • The Makin property immediately south of the Britannia mine and townsite, part of the Britannia Beach area for the purposes of this bylaw, has been the subject of a rezoning application, and will likely be the next community to be developed.
The primary focus of this plan amendment is therefore Britannia Beach, including the Makin lands.
The planning process and public consultation related to Howe Sound East has been underway for some time through the Master Plan preparation, meetings related to Bylaw 692, and meetings hosted by the developer of the Makin property. The planning process related specifically to this plan amendment included: regular meetings and review by an Advisory Committee composed of agencies, public interest groups and residents, an inter-agency meeting to review a draft plan, and two public sessions; a workshop at the outset of the project and a meeting to review a draft plan.
Policy
1.0.1 Based on the land use plan outlined in this Schedule, the land use designation of the Britannia Beach area is hereby changed from Special Planning Area to Planned Community. Refer to Map 4 Amendment for an illustration of the change.
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(Plan Amendment By-law 714) 2.0 Britannia Beach
2.1 Vision
The Britannia Beach community is envisioned as including two parts: • Britannia North refers to the Britannia Beach mine and existing townsite with the surrounding area, and includes land currently owned by Copper Beach Estates, the BC Museum of Mining, and the Crown (waterfront area), • Britannia South refers to the area surrounding Minaty Bay and the adjacent private property known locally as the Makin Lands.
The overall vision is to develop a community that: • respects the natural environment and adheres to principles of environmental sustainability, • respects and promotes the historic aspects of the community, • promotes a “sense of community” by encouraging social interaction and providing employment opportunities, • is compatible with the other communities and patterns of growth in the Sea-to-Sky corridor, • promotes tourism, outdoor recreation potential, and film industry use, • promotes the waterfront as a destination for residents and tourists, and • focuses on livability for residents with appropriate parks, local services, and community facilities.
2.2 Residential
Objectives
• Encourage the development of a variety of densities and housing types. • Reinforce the historic townsite by encouraging retention of the existing affordable residential community at Britannia Beach. • Plan for residential use only where there are no hazards or environmentally sensitive areas, or where hazards can be adequately mitigated. • Encourage development that will be visually unobtrusive as viewed from the highway. • Encourage tree protection in residential areas.
Policies
2.2.1 Residential areas will generally be located where shown on Map B2 Britannia Beach Land Use Plan. Residential area boundaries may be modified based on additional site- specific environmental and hazard (geotechnical) information.
(Plan Amendment By-law 714)
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2.2.2 Residential development shall not occur in areas that are contaminated or geologically unsafe (refer also to sections 2.10 and 2.11). Appropriate phased remediation, mitigation and risk management must occur prior to residential development. 2.2.3 Encourage clustering of residential units with public open space around clusters. 2.2.4 Housing types may include: • single family at densities of 10 to 15 units per hectare (4 to 6 units per acre) (including home occupation and secondary suites), • small lot single family at densities of 15 to 25 units per hectare (6 – 10 units per acre), • town homes at densities of 20 to 30 units per hectare (8 – 12 units per acre), • stacked town homes at densities of 30 to 40 units per hectare (12 – 16 units per acre) • residential/commercial mixed use, and • live/work units. Apartments, with the possible exception of senior citizens housing, and high-rise buildings will be discouraged. 2.2.5 The total number of future residential units in Britannia Beach will be in the range of 1650 - 2000 at build-out, based generally on the distribution shown on Map B2 Britannia Beach Land Use Plan, with approximately 800 to 1000 units allocated to Britannia North, and approximately 850 to 1000 units allocated to Britannia South. 2.2.5 Promote energy conservation in building design, e.g. passive solar, recycled materials, conservation features within buildings. 2.2.6 Encourage protection of existing trees and plant new trees in residential areas to provide neighbourhood character and to minimize visual impacts, especially in areas that slope steeply towards Highway 99, the railway, or the ocean. 2.2.7 Support and encourage retention of the 10 ha (25 acre) historic community site for affordable housing to accommodate a maximum of 100 units. Support retention of existing homes, and opportunities for existing residents to remain in the community. 2.2.8 Development at Britannia Beach is expected to be phased in over a period of at least 20 years, with development of Britannia South lands generally expected to precede development of Britannia North. An infrastructure servicing plan for the entire Britannia Beach area must be done prior to or in conjunction with the first rezoning application for the Britannia North or Britannia South lands. 2.2.9 In accordance with section 919.1 of the Local Government Act, all Single Family Residential and Mixed Residential designated lands in the Britannia area (North and South) are designated as development permit areas for the purpose of establishment of objectives and development of guidelines for the form and character of intensive residential development.
Designations
• Single Family Residential – for traditional single family lots up to 15 units per hectare (6 units per acre) • Mixed Residential – for development clusters incorporating a range of housing types from 15 to 40 units per hectare (6 to 16 units per acre) • Historic Residential – for retention of the historic single family community of affordable housing (Plan Amendment By-law 714)
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2.3 Parks and Open Space
Objectives
• Encourage provision of public pedestrian access to and along Howe Sound where possible, retaining existing public use areas as such. • Encourage provision of a variety of recreational parkland to meet community needs. • Encourage provision of a trail system throughout the community and alongside environmentally sensitive areas where possible. • Encourage park designs that have a natural BC coastal character.
Policies
2.3.1 In accordance with the park dedication provisions in the Local Government Act, require dedication of land for the provision of community and neighbourhood parks in the general locations shown on Map B2 Britannia Beach Land Use Plan. The recommended park sizes are as follows: • at least 1 to 1.5 hectares (2.2 to 3.5 acres) for the Britannia North community park, noting that this area is subject to flooding. The design of the area will need to address flood management. • at least 3.5 to 4 hectares (8.5 to 10 acres) for the Britannia South combined community park/elementary school site. 2.3.2 Encourage location of the Britannia South community park adjacent to an elementary school site. 2.3.3 In conjunction with future rezoning of the Britannia South lands, encourage provision of an additional waterfront park at Minaty Bay, in the general location shown on the land use plan, to protect the beach, the picnic area, and the peninsula, retaining the natural character of this public use area. The minimum recommended size for the park is 4.9 hectares (12 acres), which includes land in the bluff area on the south side of the bay, as well as the picnic area north-east of the beach, extending east to the railway tracks. 2.3.4 Encourage provision of pedestrian access along the shoreline of Howe Sound on the Britannia South frontage and the Britannia North frontage, with a pedestrian link between these two areas. 2.3.5 Encourage provision of natural open space in all environmentally sensitive areas, hazard areas, and the upland remainder of Britannia North and South which are not intended for future development. It is anticipated that the open space will be publicly accessible where there are no safety or environmental impact concerns, and that other portions may be inaccessible where safety or environmental resources would be at risk. Encourage retention of existing vegetation in these open space areas, and environmental restoration of land previously disturbed. 2.3.6 Encourage provision of a trail system throughout the community and to adjacent communities (e.g., Furry Creek), linking commercial areas, residential areas, and parks and open space. Encourage provision of trail-head facilities (e.g. road access, small parking lot, signage) where possible and appropriate. The trail system should include
(Plan Amendment By-law 714)
7 By-law 495 - Consolidation for Convenience Only January 2007
major trails for walking and bicycle use, as well as hiking trails. Consideration should be given to designation of specific trails that can accommodate mountain biking.
Designations
• Park – for active use areas • Open Space – for natural open space, environmentally sensitive areas and hazard areas
2.4 Community Amenities
Objectives
• Encourage provision of community facilities to serve the needs of the projected population.
Policies
2.4.1 Support provision of one elementary school, and potentially a second school if the proposed population requires it as follows: • Proposed elementary school central to the proposed Britannia South residential area, on a site not exceeding 15% slope, with no known hazards, generally where indicated with a symbol on Map B2 Britannia Beach Land Use Plan with easy access from the highway and pedestrian routes. • Potential elementary school if required central to the proposed Britannia North residential area, on a site not exceeding 15% slope, at least 500 m from the transmission lines, with no known hazards, with easy access from pedestrian routes, and with an adjacent neighbourhood park.
2.4.2 Encourage provision of a site for public indoor recreation facilities to serve the community within or near the Britannia South school/park site. 2.4.3 Work with other government agencies to determine the needs for sites for other community amenities. A fire hall will be retained at Britannia North. There will be a future need for a police office and ambulance station either at Britannia Beach or Furry Creek.
Designations
• Public Institutional
2.5 Commercial
Plan Amendment By-law 714)
8 By-law 495 - Consolidation for Convenience Only January 2007
Objectives
• Promote tourist commercial business, in particular the adaptive reuse of heritage and historic buildings. • Promote non-polluting commercial and recreational uses of the Britannia waterfront, in particular facilities with a historic focus. • Encourage building forms and designs which help to promote use of the community as a commercial filming location. • Encourage provision of local convenience retail and services to accommodate the needs of the local community. • Support existing business uses and provide for their continued existence within the community. • Support the development of an inn or small hotel.
Policies
2.5.1 Encourage the location of commercial uses generally where shown on Map B2 Britannia Beach Land Use Plan. 2.5.2 Focus tourism-related commercial activities within the existing townsite and adjacent waterfront area at Britannia North. 2.5.3 Support the ongoing operation of the B.C. Museum of Mining as a tourist commercial site under the designations National Historic Site and Provincial Historic Landmark. 2.5.4 In siting commercial buildings, ensure that views of Howe Sound from the highway and from residential areas are protected, although the views may be partially interrupted. 2.5.5 Support provision of non-polluting recreational marine commercial services, such as mooring facilities, canoe and kayak rentals, windsurfing shop. 2.5.6 Support provision of community-oriented commercial uses, up to a maximum of approximately 1500 square metres (16,000 square feet) of gross leasable floor area, to serve residents. Community commercial development should be located at or near a major road intersection within Britannia South, away from Highway 99 on a site that has convenient pedestrian access from the majority of the residential development. 2.5.7 Ensure provision of adequate off-street parking for commercial uses. 2.5.8 Support tourist accommodation with a maximum size of 100 bedrooms. 2.5.9 All commercially designated lands are designated as development permit areas for the purpose of establishment of objectives and development of guidelines for the form and character of commercial development.
Designations
• Tourist Commercial – for retail services and attractions oriented towards tourists, including land and marine-oriented facilities • Community Commercial - for convenience retail and services oriented towards residents • Tourist Accommodation – for an inn or small hotel
(Plan Amendment By-law 714)
9 By-law 495 - Consolidation for Convenience Only January 2007
2.6 Industrial
Objectives
• Encourage non-polluting industry in the Britannia North area.
Policies
2.6.1 Encourage the location of industrial uses generally where shown on Map B2 Britannia Beach Land Use Plan. 2.6.2 Ensure that access to Resource Management lands is maintained to allow for future timber harvesting.
Designations
• Industrial – for non-polluting industrial development
2.7 Transportation
Objectives
• Support improvements to the safety of Highway 99 through Britannia South and opportunities to develop land near the waterfront that is uninterrupted by the highway. • Support the continued routing of highway traffic through Britannia North for tourism purposes, but with improved safety and access to the waterfront and into the B.C. Museum of Mining. • Minimize the impacts of new roads through development areas. • Encourage and support opportunities for public transit, including improved rail and bus service for commuters and tourists.
Policies
2.7.1 Encourage the realignment of Highway 99 around Britannia South as generally shown on Map B2 Britannia Beach Land Use Plan with a grade-separated access off the highway. 2.7.2 Support the retention of 2-lane Highway 99 through Britannia North, with improved pedestrian crossing of the highway and the railway, and allowance for vehicular access to potential upper residential areas from the highway. If the highway is to be 4-laned, retain the 2-lane highway through Britannia. 2.7.3 Encourage and support internal community roads narrower and steeper than typical Ministry of Transportation standards to reduce visual and environmental impacts. This could require private or strata-title development of roads. 2.7.4 Encourage provision of transportation demand management facilities, such as park and ride/carpool lot. (Plan Amendment By-law 714)
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2.7.5 Encourage and support provisions for a future commuter rail service, such as space for train stations in key locations, such as Britannia North and South.
2.8 Infrastructure
Objectives
• Encourage the development of community-based water supply and sewage treatment systems, in which one water and one sewage system can serve all of Britannia (North and South). • Prior to development, clarify the administrative system to be used for planning, construction and management of infrastructure, particularly water supply and sewage disposal. • Work with developers and agencies to develop a system in which the costs of providing services are shared in an equitable manner. • Encourage the development of infrastructure that minimizes impacts to environmental resources. • Respect the fact that the existing residents of Britannia Beach have little financial ability to contribute to the cost of improving servicing standards.
Policies
2.8.1 Prior to development being authorized, adopt basic servicing standards for community infrastructure, including water supply and sewage disposal. 2.8.2 Water and sewer systems must comply with all provincial regulations and those of the Coast Garibaldi Health Services Society. 2.8.3 At the development application or rezoning stage, a sewage treatment facility site at Britannia Beach will be secured which meets the following criteria: .1 location is capable of serving the entire community (Britannia North and South); .2 site location as close to sea level elevation as possible; .3 site area of approximately 0.8 hectare, with a configuration such that the treatment plant is located no closer than 300 metres from any residential property; .4 minimum visual impacts from other properties; .5 not within a flood hazard or geotechnical constraint area .6 ocean outfall, combined with or as close as possible to Britannia Creek ARD outfall, to minimize additional marine impacts.
2.8.4 The SLRD will require developers to adhere to best management practices for sewage treatment plant odour control.
2.8.5 Require preparation of a detailed stormwater management plan prior to development, encouraging infiltration of the water to the ground as quickly as possible, and the use of best management practices in stormwater design.
(Plan Amendment By-law 714)
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Stormwater Management Guidelines
• Stormwater should be managed to minimize negative impacts on watercourses, riparian areas, and other vegetation. It is critical to recognize that all land alteration and development affects stormwater runoff and that effects are cumulative. Development proposals should use best management practices for stormwater management, aquifer recharge and watershed management to ensure that post-development peak flows do not exceed pre-development peak flows and to maintain recharge of aquifers. One principle of stormwater management is to direct water back to the ground wherever possible to minimize chanelling and piping. Some examples of appropriate practices include: • incorporate maximum effective impervious cover percentages in the zoning bylaw for single-family, multi-family, commercial and industrial areas. • minimize runoff from roads through narrow, permeable surfaces (e.g., granular, and discontinuous grass swales that discharge to open space); • minimize impervious surfaces through use of permeable materials for parking areas (e.g. gravel, pavers designed for grass in openings, grass field for overflow parking), and porous materials for paths, patios, and other use areas. If driveway paving is required due to a steep slope, use tire track paving with grass in the middle; • drain roof water to cisterns, with the overflow to the surface and disperse it into the ground, using such devices as splash pads and exfiltration galleries; • thick organic layer of growing medium throughout cleared/disturbed area to promote growth of vegetation and water retention; • direct water to grass slopes, swales and areas with thick vegetation; • use stormwater detention or infiltration areas where required and where possible as an alternative method for accommodating stormwater; • use wetlands which can improve quality of stormwater through biofiltration; and • retain as much existing vegetation as possible, and where clearing has occurred, plant native trees and shrubs to restore the vegetative mass. • Stormwater detention for the site should meet the minimum requirements of the Land Development Guidelines for the Protection of Aquatic Habitat and newer stormwater management guidelines that are being developed. • Stormwater outflows to a stream or leave strip should have water quality and erosion control features included in accordance with the Fish Protection Act Streamside Protection Regulation. • Any storm drain inlets should be marked in accordance with the DFO storm drain marking program.
2.9 Environmentally Sensitive Areas
Objectives
• Encourage the protection and enhancement of existing environmental resources.
(Plan Amendment By-law 714)
12 By-law 495 - Consolidation for Convenience Only January 2007
Policies
2.9.1 Streamside protection and enhancement areas shall be established in accordance with the Streamside Protection Regulation contained within the Fish Protection Act. 2.9.2 Require environmental assessments prior to subdivision approval. The assessments shall address wildlife habitat and migration corridors (unique, rare or endangered or essential), fish habitat (unique, rare or endangered or essential), and vegetation (unique, rare or endangered). The assessment shall also identify areas where development should not occur, including required setbacks from watercourses, recommended mitigation measures, and enhancement measures that could improve environmental resources. 2.9.3 Encourage the enhancement of environmental resource in environmentally sensitive areas (ESAs) and throughout development areas through community education and stewardship initiatives.
Guidelines for Environmentally Sensitive Areas
• Encourage additional setbacks adjacent to streamside protection and enhancement areas wide enough to accommodate trails in appropriate locations. • Minimize crossings of streamside protection and enhancement areas. Where crossings are required, bridges should be used where possible. If culverts are used, they should be "bottomless" to ensure that natural substrates are maintained along the creek. • Where wetlands, watercourses or riparian areas are disturbed, restoration of the disturbance or compensation equal to 100% of the disturbed area should be provided. • Instream work and stream crossings should meet the requirements of the Land Development Guidelines, the B.C. Water Act, and newer guidelines that are being developed. • Timing of works in and about a stream should be in accordance with provincial guidelines and regulations, and requires specific written approval by the Ministry of Water, Land and Air Protection, in addition to any development permit, before work begins. • Effort should be made to retain as much existing vegetation as possible, especially significant vegetation and habitat, using the following guidelines. • Minimize the extent of cut and fill required for road construction and instead conform to the natural contours of the landscape. All cut and fill slopes should be treated with growing medium, hydroseeded, and planted with native vegetation. • Plan open space areas to incorporate stands of mature forest. • Retain existing ground vegetation and trees where possible within development areas. • Use buildings with small footprints where possible so that building sites can more readily conform with the existing terrain and allow for protection of existing vegetation. • Protect any existing veteran trees. • Site habitable structures so that existing trees do not pose a hazard.
(Plan Amendment By-law 714)
• Protect any trees that contain raptor nests, along with a 50 m setback where existing vegetation is not disturbed.
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• Development should be timed to alleviate impacts upon the special conditions of the site including but not limited to: • preventing works in and about streams at time of spawning and fish migration. • limitations of works that may impact established seasonal habitat of wildlife. e.g., no clearing during the sensitive nesting period for birds and other wildlife. • minimizing land disturbance in areas subject to possible erosion during seasonal periods of high rainfall. • Encourage public education regarding environmental stewardship, including promotion of the use of bird feeders and waterers, amphibian ponds, and nesting boxes.
2.10 Heritage Resources
Objectives
• Encourage the protection and preservation of existing heritage resources, as outlined in section 4.7 of the Electoral Area D Official Community Plan Bylaw No. 495. • Support the efforts of the Maritime Heritage Society in establishing a maritime heritage precinct at Britannia North, and the efforts of the Britannia Beach Historical Society in maintaining a heritage precinct at Britannia North.
Policies
2.10.1 Encourage protection and preservation of the historic Britannia townsite and Museum. 2.10.2 Encourage establishment of a Maritime Heritage Society facility within the waterfront location shown as Tourist Commercial on Map B2 Britannia Beach Land Use Plan. 2.10.3 Encourage any new structures within the Historic Residential, Tourist Commercial or Floodplain Management areas to be compatible with the character of the existing historic community in terms of siting, form, and exterior design.
2.11 Natural Hazards
Objectives
• Require the identification of areas involving known risk and minimize the risks to public safety and property associated with the hazards prior to development.
Policies
(Plan Amendment By-law 714)
2.11.1 Require detailed geotechnical studies prior to development in the general areas identified as steep slopes and hazard areas Map B1 Constraints. These studies should identify potential
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flooding and debris flow risks, and site stability risks. The studies should also identify areas that are unsuitable for development, and mitigation measures for hazards that can be mitigated. The development plan shall comply with all of the recommendations of the geotechnical studies. 2.11.2 Avoid dwelling units in the area designated Flood Management on Map B2, which is within the floodplain and alluvial fan of Britannia Creek. Temporary tourist commercial uses, park space, parking, and historic structures not used for accommodation may be permissible in that area. The potential relocation of the historic structures will be determined through a Heritage Study. 2.11.3 Recognize that provincial regulators require local government to maintain flood mitigation works. In the study area, this applies to Britannia, Thistle and Daisy Creeks.
Designations
• Flood Management – for flood protection, with other uses such as temporary tourist commercial uses, park space, parking, and historic structures not used for accommodation, secondary to objectives related to flood management and safety
2.12 Environmental Contamination
Objective
• Encourage the remediation and the environmental risk management of lands and water that have been subject to environmental contamination.
Policies
2.12.1 Support and encourage the remediation of acid rock drainage, the removal and containment of contaminated rock, soil or tailings, and the limitation of public access to mining hazards. 2.12.2 Recognize that appropriate remediation is a prerequisite to development, and that the requirements of the remediation program take precedence over future land development plans. 2.12.3 Where possible, encourage the incorporation of public access and education displays into remediation facilities. 2.12.4 Support integration of remediation facilities into the community in a way that is compatible with tourism and heritage objectives. 2.12.5 Recognize that future acid rock drainage could occur anywhere in the Britannia Beach area as a result of blasting. Ensure that monitoring and risk management provisions are in place during construction. Appropriate mitigation must occur prior to land development.
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(Plan Amendment By-law 714)
3.0 Development Permit Areas
Development Permit Area #1
Area
The area identified on Map B3 Development Permit Area, attached to this bylaw, as DP#1, hereafter referred to as the Howe Sound Sub-Area 3 Development Permit Area #1, is designated as a development permit area for the provision of guidelines respecting the form and character of commercial development, and multi-family and intensive single-family residential development.
Justification and Special Conditions
The special conditions and objectives that justify the designation of the Howe Sound Sub-Area 3 Development Permit Area are described below.
The Electoral Area D Official Community Plan contains policies respecting: the heritage values of Britannia Beach, and the importance of enhancing the visual quality along Highway 99. Public consultation indicated that there is interest in maintaining views of Howe Sound; ensuring public access to the shore; encouraging commercial buildings that are compatible with the heritage theme; and ensuring that buildings blend in with the environment.
Objectives
The objectives of these guidelines are to permit the orderly development of the subject lands while controlling the character of commercial, and multifamily and intensive single family residential development in terms of building siting, form, exterior design, landscaping, lighting and the form and character of parking areas.
Guidelines
The following guidelines outline the approach for ensuring that the form and character of commercial, and multifamily and intensive single family residential development are compatible with surrounding land uses and the natural environment: • The design of buildings and structures should be consistent with the study area’s rural, coastal character, e.g. small footprints, pitched roofs, windows on most walls. • The design of buildings should minimize the obstruction of views, be of natural materials, blend in well with the existing natural features, give the impression of small scale buildings; and connect with neighbourhood pedestrian and cycling pathways or trails. Site planning should maximize access to open space and minimize paving, e.g. shared driveways, use of gravel. • In visually sensitive areas, i.e., steep slopes highly visible from highway, buildings and roads should follow existing contours, large cuts and fills should be avoided, buildings should be of colours that blend with the surroundings, large blank facades should be
(Plan Amendment By-law 714)
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avoided, and existing or planted trees should be used to partially screen views of the buildings and to frame views from the buildings. • In the Britannia townsite area, tourist commercial buildings should use historic elements consistent with an industrial, small settlement heritage. • Large surface parking areas should be broken down into smaller parking lots (e.g., maximum 20 cars) where possible. Where not practical, large parking lots should have landscape areas throughout, with tree planting in these areas. Shared accesses and parking areas should be provided where possible, especially for uses that have parking needs at different times. Parking areas should be effectively set back, landscaped and screened from adjacent properties with natural vegetation. Paved areas should be minimized, but where necessary, they should incorporate a variety of materials, patterns, textures and blocks of vegetation. • Within residential clusters, telephone, power, community sewer and water services, except any required storage tanks, should be provided underground, except where existing telephone and power lines are currently above ground. Above ground storage tanks should be screened. • Signs should be non-illuminated from within, and in keeping with the heritage Britannia theme. Billboards are not permitted within the SLRD sign bylaw. • Exterior lighting, including within a parking area, should be low intensity and not cause excessive night-time illumination to be cast onto adjoining properties or the waterfront. Exterior lighting at a pedestrian scale should be provided in commercial areas to encourage evening use and improve safety.
Development Permit Exemptions
1. A development permit shall not be required for alterations that do not affect the exterior appearance of an existing commercial building, including replacement of wood siding with new siding material of the same style and colour; replacement of damaged windows or doors with new windows or doors of the same size, shape, materials and appearance, repainting or re-staining the exterior walls with paint or stains matching the original paints and stains and replacement of building signs with new signs of the same size, shape, materials and appearance.
2. In addition to 1. above, all development in this Development Permit Area is exempted from the requirement to obtain a Development Permit, except: • development of land for commercial, or multifamily or intensive single family residential use. • development of tourist accommodation units. • development of new commercial space greater than 50 square metres in gross floor area that is visible from public areas or other properties. • development of a commercial parking lot. • development of two or more attached dwelling units. • development of single family residences on lots less than 500 square metres.
(Plan Amendment By-law 714)
4.0 Furry Creek
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Objective
• Continue to recognize the Planned Community designation, and encourage adequate provision of community facilities and public open space as development proceeds.
Policies
4.0.1 Consider establishing zoning regulation of the Uplands area of Furry Creek consistent with the existing development agreement to ensure public consultation occurs in conjunction with any revisions to the development agreement. 4.0.2 Encourage collaboration with Britannia Beach regarding potential accommodation of community facilities that will serve both communities, including elementary school, indoor recreation facilities, ambulance station, police station and local commercial services. 4.0.3 Encourage provision of as much public access to the waterfront as possible. 4.0.4 Encourage provision of a trail system throughout the community (e.g., along but outside creek setbacks), linking commercial areas, residential areas, and parks and open space. Encourage provision of trail head facilities (e.g. road access, small parking lot, signage) where possible and appropriate.
5.0 Porteau Cove
Objective
• Make provision for the development, either by First Nations or non-aboriginal developers, of a livable community compatible with other Howe Sound East developments, and with adequate provision of community facilities and public open space.
Policies
5.0.1 Undertake detailed planning for the Porteau Cove area if the Squamish First Nation does not exercise its existing option to purchase. 5.0.2 Include public consultation during the development planning process. 5.0.3 Encourage the protection of existing environmental resources. 5.0.4 Encourage avoidance and/or mitigation of flood, debris flow and stability hazard areas. 5.0.5 Encourage the projection of any identified heritage resources. 5.0.6 Encourage additional public access to and along Howe Sound and from development areas to Porteau Cove Provincial Park if possible, given topographical, highway and railway constraints. 5.0.7 Encourage the provision of a variety of recreational parkland to meet community needs.
(Plan Amendment By-law 714)
5.0.8 Encourage the provision of a trail system throughout the community, linking commercial areas, residential areas, and parks and open space. Encourage provision of trail head facilities (e.g. road access, small parking lot, signage) where possible and appropriate. 5.0.9 Encourage the provision of community facilities as required to serve the needs of the community.
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5.1 Land Use (Plan Amendment Bylaw 946, 2005)
The Regional District supports development of a comprehensively planned community of up to 1400 residences at Porteau Cove accommodating an estimated population of 3,000 – 3,500. The Porteau Cove Planned Community will include mixed residential, commercial use in a Village centre, community uses, parks and recreation, trails and open space generally as shown on the Conceptual Site Plan which is attached as Appendix 1 to this bylaw.
Development will be phased generally in accordance with the Concept Plan, with approximately half of the total development units within each of Phase 1 and Phase 2. Sub phases of development may be approved, provided all amenities are provided as required by the Squamish-Lillooet Regional District.
5.2 Planning and Sustainability Principles
The Planned Community at Porteau Cove will be developed in accordance with the design and development principles and Smart Growth approaches in the Sustainability Strategy incorporated in this plan. The overall site design will be planned to minimize impacts on natural site conditions; avoid sensitive environmental areas; provide a range of housing choices; allow for alternative standards for infrastructure; promote transportation choices and a compact, pedestrian Village core to achieve a high standard of livability and environmental responsibility.
Development of the new community at Porteau Cove will be guided by the following planning and sustainability principles:
1. Livable Community: Provide a variety of housing forms, a viable neighbourhood Village Centre and community facilities and amenities to ensure a livable and vital community that reflects the unique landscape character and lifestyle opportunities of the Sea to Sky corridor. 2. Ecological Integrity and Biodiversity: Protect sensitive areas and key natural features within a comprehensive open space system. Focus development in less sensitive areas in a way that minimizes negative impacts on: - fish habitat and water quality by avoiding (where possible) development near watercourses, sensitive wetland and their riparian zones; - wildlife habitat by retaining areas of undisturbed forest and avoiding impacts and endangered wildlife species habitats; - environmentally sensitive old growth forest areas and other areas containing endangered plant species; - streams by limiting the number of stream crossings to preserve the natural streambed habitat; and - controls or avoids environmental and cultural impacts during construction
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3. Greener and Smarter Infrastructure: Use resources more efficiently, shift toward renewable resources, reduce pollution, and use natural processes where possible when providing the following infrastructure: energy, stormwater management, water, wastewater, and solid waste. 4. Greener and Smarter Buildings: Develop to “green” building standards. 5. Transportation Options: Provide a compact, walkable village centre and encourage transportation options. Develop a road network that integrates with the existing topography, while providing necessary access for daily use and emergency purposes. 6. Economic Sustainability: Recognize the importance of the Porteau Cove project as part of the economic development strategy and social goals of the Squamish Nation. Support job creation within Porteau Cove within the Village centre, and by support of home businesses within residential areas. 7. Development Context: Consider visual impacts the Porteau Cove development may create from the Sea To Sky Highway, Howe Sound and Porteau Cove Provincial Parks. Consider noise impacts on development from the Highway and rail line.
5.3 Sustainability Strategy for a Livable Community
The following actions will be taken within the Porteau Cove development to achieve the sustainability principles:
Compact, Mixed Use Centre Provide a compact and walkable mixed-use village centre adjacent to the highway that includes housing, commercial, social and employment opportunities in close proximity.
Diverse Housing Opportunities Offer a range of housing types and sizes, including single family homes, apartments, townhomes and live/work spaces, to accommodate and encourage a diversity of residents.
Commercial Opportunities Provide a range of retail and other commercial spaces within a vibrant local commercial area to meet the basic needs of residents and to create a focal point in the community.
Community Spaces and Services Provide a system of parks, community spaces, green corridors and trails, educational and public safety services that provide a focus of community and meets the community’s public gathering, activity and security needs.
Pedestrian Friendly Village Centre Design the village centre to be pedestrian friendly, with wide sidewalks and spaces for interaction, trail connections, and a pedestrian scale.
Minimize Light Pollution
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Minimize the impact of outdoor lighting through: o Specifying fixtures that only shine down to limit light pollution; o Providing minimal street lighting except at intersections; and o Designing to strategically limit need for excess lighting.
Residential Policies
5.3.1 Residential areas will generally be located within the areas shown on Appendix 1. The exact location of these areas may be modified based on site specific environmental information and housing design submitted in the rezoning or development permit process. The housing mix may be modified somewhat at the time of rezoning, provided the overall development strategy is followed and the total unit count for the site is not exceeded. 5.3.2 Site specific mitigation measures shall be required prior to development approval in areas that are environmentally sensitive or subject to natural hazards, as outlined in section 5.4 and the Development Permit Area guidelines of this plan. 5.3.3 A base residential density of approximately 140 units is supported for the Porteau Cove community, with provision for a density bonus to allow a maximum of 1400 total residential units as shown conceptually on Appendix 1, subject to provision of community amenities including parks, open space, and community amenity buildings. The developer will also have the option of providing affordable housing as outlined in this plan to achieve the density bonus. The details of the density bonus will be specified in the zoning bylaw, and legal agreements between the owner and the Squamish-Lillooet Regional District will be required to implement the community amenity contributions. 5.3.4 A variety of housing types are encouraged to create a diverse neighbourhood and may include: • Single family at densities of 10 to 15 units per hectare; • Small lot single family at densities of 15-25 units per hectare, with parcel sizes in the range of 400-500m2; • Two family dwellings and townhomes at densities of 20 to 30 units per hectare; • Stacked townhomes at densities of 30-40 units per hectare • Apartments at densities of 15-40 units per hectare; • Terraced apartments with densities ranging from 45-100 units per hectare; • Mixed residential and commercial with up to 20 residential units per hectare; • Live/work units 5.3.5 Affordable housing is encouraged in Porteau Cove and may be provided in the form of smaller lots, duplex housing, apartments above commercial uses, rental housing and/or dedication of land or housing units to a housing authority or local service club as per the Local Government Act provisions. Zoning bylaws for Porteau Cove will include density bonus options to encourage the development of some affordable housing as part of the housing mix. 5.3.6 Protection of existing trees, vegetation and wetlands is a priority for new development and planting of new trees to retain the visual and environmental values of the site will be
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required. Minimizing visual impacts of development from Porteau Cove Provincial Park, including lighting, will also be a priority during the subdivision or development permit process. 5.3.7 All residential development, except for single family lots larger than 600m2 in area, is designated as a Development Permit Area in accordance with Section 919.1 of the Local Government Act for regulation of form and character of intensive and multi-family residential development. A Development Permit issued in accordance with the guidelines of this plan is required prior to subdivision approval or issuance of a building permit.
Commercial Policies
5.3.8 A range of commercial uses is supported within the area shown as the Village Centre on Appendix 1. Uses in this area will include those serving local residents as well as travelers on the Sea to Sky Highway. Live/work units and home occupations will be supported to encourage employment within the community. 5.3.9 To ensure land is retained for long-term commercial needs, the provision of commercial land will be considered a community amenity for the purposes of obtaining the residential density bonus. 5.3.10 Upper storey residential use, particularly rental housing, is supported in the commercial area. 5.3.11 A “retreat centre” or similar type of specialized lodge facility may be supported in the upper residential area, subject to rezoning on a site-specific basis and detailed information on the use and location. 5.3.12 To ensure a high standard of design for the commercial area, all commercial or mixed use buildings must obtain a Development Permit to regulate the form and character of commercial development in accordance with the Development Permit Area guidelines of this plan.
Parks and Open Space Policies
5.3.13 In accordance with the provisions of the Local Government Act, park dedication will be required as a condition of subdivision approval, with park locations generally in accordance with the areas shown on Appendix 2. Park dedication will include, but not be limited to, an approximately 1.5 hectares waterview park upland of Howe Sound , an approximately 0.5 hectare community park in the Village centre, viewpoint parks, and a future combined school/park site of approximately 2.0 ha in the later phase of the upper development. 5.3.14 Provision of a comprehensive trail system that enhances the existing trail network throughout the site is a key element of the site design, and public trails will be required as a condition of subdivision approval. The proposed trail network, consisting of the trails and trail head parking areas is shown conceptually on Appendix 2. Trail priorities include links to the existing Deeks Lake and Howe Sound Crest trails, trails that provide access to the community amenity and park areas, as well as trail connections between the residential areas. Trails shall be looped and interconnected to the greatest extent possible.
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5.3.15 Trail linkage from the proposed waterview park to Porteau Cove Provincial Park is supported subject to BC Parks concurrence that the linkage can be appropriately located in a manner that enhances relationships with and minimize impacts on the Provincial Park, and can be integrated with other facilities and uses of the park. 5.3.16 Public access to the waterfront at Porteau Cove is desirable as it provides additional opportunity for both park visitors and community residents to access the shoreline. However, the foreshore area is owned by CN Rail, and approval from the rail authority to cross the double rail tracks abutting the Porteau Cove property is required. Development of a pedestrian crossing is supported in principle, but it is recognized that a formal rail crossing is a longer term goal, and will require approvals from CN Rail and Fisheries and Oceans Canada related to environmental impacts. 5.3.17 A small public parking area is needed to support access to the community waterview (upland) park, although parking must not become a dominant feature of the site and must not be developed as a parking access area for the Provincial Park. The northerly existing entrance to the Porteau Cove Provincial Park will continue to be the primary access point to the provincial park for the public and for future residents of the Porteau Cove community. 5.3.18 Private open space areas and recreation amenities will be required as appropriate within multi-family strata developments.
Community Amenities and Services Policies
5.3.19 A community use building for recreation and social activities is required to meet the long- term needs of the estimated 3,000 to 3,500 residents of the Porteau Cove community. The facility should be centrally located in the Village centre as indicated conceptually on Appendix 1. Provision of this facility will be considered as a key community amenity to implement the residential density bonus described in section 5.3.3. 5.3.20 The need for other community service facilities, particularly a fire hall, ambulance and/or school site will be considered in consultation with the School District, provincial authorities and volunteer fire departments to assess the overall community needs for the Britannia Beach, Furry Creek, and Porteau Cove communities. A future school site will be provided in the Porteau Cove community as shown on Appendix 1. If the School District confirms at a later date that the school is not needed, the site will be dedicated as community park. Discussions regarding shared facilities or services, including participation in Search and Rescue services, may also include the Village of Lions Bay subject to their interest in shared facilities. 5.3.21 Confirmation of the facility requirements, phasing of facility development and securing of sites through development agreements shall be completed prior to adoption of zoning bylaws for the Porteau Cove community.
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5.4 Sustainability Strategy to Maintain Ecological Integrity and Biodiversity
The following actions will be followed within the Porteau Cove community to achieve the environmental sustainability principles:
Protect Environmentally Sensitive Areas Protect environmentally sensitive areas and focus development in the less vulnerable areas of the site by: • completing a detailed environmental impact assessment, and build according to the recommendations of the report; • providing buffer zones around old growth forests, rock outcrops, riparian areas, wetlands, steep slopes, and debris flow areas. Design landscape and open space to protect environmentally sensitive areas and key natural features to achieve both recreational and ecological objectives.
Minimize Site Disruption Minimize the extent of site disruption caused by site regrading and cuts and fills for all structures and roads located on slopes by: • sensitive building siting; • designing to match contours; • modulation in building form; • tree preservation where feasible and • maintaining as much of the existing vegetation as possible.
Rehabilitation Rehabilitate disturbed areas after development using native or native compatible plants. Reuse existing plants on site where possible through a plant salvage and replanting program.
Use Native Plants in New Landscaping New landscaping should specify native or native compatible plants for use in the landscape to provide habitat value and limit need for irrigation once established.
Environmental Management Plan Prepare an Environmental Management Plan (EMP) that includes mitigation measures to manage impacts to the physical and biological environments of the site. Environmental management measures will include avoidance of key areas, design changes, construction mitigation, habitat enhancement measures and monitoring.
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Protect Slopes Areas of the site over 40% slope will not be built upon as a general rule. Where slopes over 40% are disturbed, measures such as retaining walls and revegetation will be used to minimize risk and erosion. Appropriate setbacks from all slopes will be determined through geotechnical assessment.
Creek Setbacks Minimize impacts to fish habitat, wildlife habitat and water quality by establishing setbacks along all creeks that protect the integrity and habitat values of the watercourses. Incorporate wetlands, open water areas, and creek systems into the open space system in an ecologically responsible manner.
Creek Crossings Minimize the number of creek crossings and limit/mitigate negative effects of such crossings by maximizing the use of free span bridges or arched culverts to preserve the natural creekbed habitat, where appropriate.
Green Network & Trails Provide a network of green corridors and trails throughout the site to connect residential areas with amenities and services, as well as provide connections with regional recreational facilities for the larger community. Trailhead parking for regional trails will be included in the development.
Environmental Education Work with residents and trail user groups to reinforce awareness of natural areas, watercourses, wetlands and the old growth forest through interpretive signage.
Fire Smart Incorporate Fire Smart strategies in detail site design as appropriate. These include: setting buildings back from the edge of slopes; selective thinning and limbing up of coniferous trees in development areas; and planting only deciduous trees and lawn within 10 meters of buildings. Such strategies must be balanced with other sustainability strategies and design principles.
Minimize Maintenance Design landscape with the goal of minimizing the need for ongoing energy, water and chemical use by minimizing formal lawn areas and maximizing use of native and adaptive drought tolerant plants.
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Environmentally Sensitive Area Policies
5.4.1 Natural open space areas such as steep slopes and environmentally sensitive areas will be protected from impacts of development to the greatest extent possible. A detailed environmental assessment of the site area will be required prior to rezoning, and all sensitive natural areas shall be identified. Site planning will follow the report recommendations for setbacks or other mitigative measures to protect or enhance environmental resources. 5.4.2 Existing vegetation should be maintained as much as possible during development, and arborist reports shall assess and indicate protective measures for retaining valuable trees. 5.4.3 The Porteau Cove site is designated as a Development Permit Area for the protection of the natural environment, and a Development Permit is required prior to subdivision or development or alteration of land on the Porteau Cove site, subject to the Development Permit Area guidelines of this plan. Environmental features include wetlands, watercourses, riparian areas, old growth forest, important plant communities, wildlife habitat, fish habitat and vegetation (including any unique, rare or endangered species). Some of the key areas are indicated on Appendix 1. More specific mapping will be completed as part of the detailed environmental assessment, and will be used to guide Development Permits for the site.
Natural Hazards Policies
5.4.4 The Porteau Cove community is designated as a Development Permit Area to protect development from hazardous conditions. Areas of potential risk due to debris flow or debris flood hazards are shown conceptually on Appendix 3, based on preliminary geotechnical assessment. Appendix 4 indicates portions of the site with steep slopes. 5.4.5 Prior to subdivision or development or alteration of the Porteau Cove lands, detailed geotechnical assessment is required to identify areas of risk on a site-specific basis, to provide detailed recommendations to reduce or mitigate risks and to confirm that the site can be safely used for the intended purpose, in accordance with the Development Permit Area guidelines of this plan.. The geotechnical study should identify any areas that are unsuitable for development, and contain recommendations to protect development and the public. 5.4.6 Section 219 covenants will be required as appropriate at the time of subdivision to ensure geotechnical study recommendations are followed over time, and that future property owners are aware of potential site hazards.
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5.5 Sustainability Strategy for Greener and Smarter Infrastructure
To ensure infrastructure is developed to meet the long-term population requirements of the community, is financially feasible, and minimizes impacts to the natural environment the following actions will be taken:
Alternative Energy Use alternative energy sources, such as solar, geothermal, and hydro, where feasible, within the project.
Solar Lighting Incorporate solar panels to light trail signage at trailheads where feasible.
Natural Drainage Employ a surface runoff management system where possible throughout the site that includes biofiltration swales, on-site detention and percolation areas. Ensure the stormwater management plan protects the water quality and quantity entering watercourses.
Increase permeability Minimize paved road widths, provide parallel parking and sidewalks on only one side of the road, and use permeable paving for parking areas, trails and other areas to reduce site disturbance and increase stormwater permeability.
Rain-water Catchment Where feasible, use public open spaces such as parks as rain-water catchment areas.
Reduce Water Demand Reduce water demand through a variety of measures, including: o Specification of low flow fixtures; o Individual water meters; o Minimizing need for landscape irrigation, using high efficiency irrigation systems; and o Encourage the capture and reuse of rainwater, particularly for landscape uses.
Solid Waste Management Support the waste reduction, reuse and recycling initiatives of the SLRD solid waste management plan.
Recycling and Composting Make provisions for recycling and composting facilities in the design and operations of the site. Ensure all solid waste facilities, including dumpsters and any composting facilities, follow Bear Smart principles.
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Infrastructure Policies
5.5.1 All community services and infrastructure will meet the standards of Squamish-Lillooet Regional District Subdivision and Development Servicing Bylaw No.741, except where specifically varied by Development Variance Permit. Variance of current standards will be considered by the Regional Board where the variances result in reduced environmental or visual impacts, while still providing a suitable level of service. 5.5.2 Prior to adoption of a rezoning bylaw to permit subdivision or development at Porteau Cove, owners must verify that adequate water supply is available, and submit water, sanitary sewer and stormwater sewer master plans for SLRD approval. 5.5.3 A public works yard will be required for the community. The size and location of this site will be determined as part of the master plan or subdivision application process as deemed appropriate by the SLRD in consultation with the applicant. The site must be secured prior to adoption of zoning bylaws. All land areas required for the water, sanitary and storm sewer facilities shall be secured by development agreements prior to rezoning, and shall be transferred to the Squamish-Lillooet Regional District at the time of subdivision. 5.5.4 Water, sewer and storm sewer systems shall meet all applicable provincial standards, including development and implementation of a water quality monitoring plan for water and sanitary systems.. 5.5.5 The groundwater aquifer in the Deeks Creek fan shall be protected from contamination through establishment of well head protection areas that incorporate appropriate development setbacks and diversion of surface runoff away from ground water sources/wellheads. A long- term plan for protection of this area and the water supply shall be accepted by the SLRD prior to rezoning. 5.5.6 Site development shall follow best management practices for stormwater, with emphasis on flood protection, debris flow protection, and minimizing impacts on watercourses or riparian areas through increased on-site retention and infiltration wherever possible, in accordance with Bylaw 741, provincial stormwater management guidelines and the Development Permit guidelines of this plan. 5.5.7 A Fire Protection Plan must be prepared and accepted by the Squamish-Lillooet Regional District prior to completion of the site rezoning. The Fire Protection Plan is to include commitments for sprinklering of buildings, wildfire interface, water supply and fire-fighting services and equipment.
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5.6 Transportation Sustainability Strategy
The Porteau Cove development will incorporate the following approaches to transportation:
Transportation Alternatives Encourage transportation alternatives by incorporating transit stops at the highway interchange and a park & ride facility into the design.
Trip Reduction Support programs such as car sharing, carpooling and vanpooling, and community shuttles and provide suitable site areas to accommodate these programs.
Integrated System Integrate the roadway, sidewalks and trails so they operate as a comprehensive system, providing transportation options for residents.
Traffic Calming Reduce speeds and provide traffic calming through minimized paving widths, steeper road grades and design.
Transportation Policies
5.6.1 Pedestrian movement in the form of trails and sidewalks will be a priority for all subdivision and development approvals. 5.6.2 Alternatives to private vehicle use are supported, and suitable sites shall be provided throughout the community for transit stops and for park and ride facilities near the Village. 5.6.3 Road design should minimize the impact on the environment by following the natural contour of the land to the greatest extent possible, providing bridge crossings at creeks, and shall provide adequate areas for future public transit service, emergency vehicles and school bus service. 5.6.4 A second access route to the Porteau Cove community is highly desirable, and all efforts shall be made to secure a secondary means of access to accommodate emergency requirements as a minimum. 5.6.5 Site design shall accommodate the long-term requirements on the Ministry of Transportation for a future widening of the Sea-To-Sky Highway, and site access will be by means of a grade separated interchange to MOT standards.
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5.7 Development Permit Areas
General Guidelines Applicable to All Development Permit Areas
1. Where a property is subject to multiple Development Permit Areas, separate Development Permits under this section are not required, provided the guidelines for each Development Permit Area are addressed in the Development Permit. 2. Development Permits may be issued for phases of development involving several individual buildings or lots where appropriate. 3. Building permits will not be issued unless a development permit is approved by the Squamish-Lillooet Regional District unless otherwise exempted in this Plan; 4. A development permit issued or received under the above does not exempt any person from securing a building permit or any requirement of a bylaw, statute or regulation.
5.7.1 Development Permit Area #3 – Intensive Residential, Multi-family Residential and Commercial Development
Area
The Porteau Cove Development Permit Area #3 is identified on Appendix A attached to this bylaw, and includes sites to be developed as Small Lot Single Family, Duplex, Townhomes, Apartment, Live/Work, Retail or Commercial use.
Category
Pursuant to Sections 919.1(e) and 919.1(f) of the Local Government Act, the Porteau Cove area is designated as a development permit area for the establishment of objectives for the form and character of intensive single-family residential, commercial and multi-family development. For the purpose of this section, intensive single-family residential includes all single-family areas with minimum lot sizes of 600m2 or less.
Justification
The Electoral Area D Official Community Plan contains policies and objectives regarding the visual quality along Highway 99 and Howe Sound, providing public access to the shoreline, and encouraging building forms that blend in with the natural surroundings. Creating a new community at Porteau Cove provides the opportunity to implement a high standard of building design and landscaping to ensure these objectives are met. The guidelines are intended to permit development of the land while controlling the character and appearance of the building siting, exterior materials, landscaping, lighting and parking areas.
Guidelines
The following guidelines provide initial guidance for future building form and character. More detailed Development Permit Area guidelines will be prepared and included as part of
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the zoning bylaw for the Porteau Cove community, particularly to define the building forms that will be developed within Porteau Cove.
Green Building Strategy 1. Buildings in the Porteau Cove community shall incorporate green building standards to the greatest extent possible, including the following design approaches:
• Providing for rainwater harvesting, green roofs, rooftop gardens; • Orienting buildings and structures to maximize solar access; • Incorporating larger overhangs; • Locating living spaces next to naturally lit areas; • Using materials with recycled content; • Using rapidly renewable materials where appropriate; • Using healthy materials (non-toxic and low-emitting); • Specifying low flow plumbing fixtures and appliances , energy efficient lighting and other measures to reduce resource use; and • Using roofing materials that are durable, fire retardant and supportive of rainwater harvesting systems. • Select materials for durability and ease of maintenance to reduce costs, future waste, cleaning problems and pollution from cleaning materials. • Cladding will fit with the site’s character, and be sourced regionally where feasible
Sustainable Site Design 2. Overall site design shall be based on sustainability principles, and will: • Cluster housing in order to protect green space and environmentally sensitive areas. • Incorporate stepped and terraced forms for residential buildings to integrate with the natural terrain. • Use materials that are on-site or in the immediate area wherever possible, including stone, topsoil, gravel, backfill and wood. • Minimize the extent of site disruption caused by site regrading and cuts and fills for all structures and roads located on slopes by a combination of modulation in building form, tree preservation and extensive revegetation. • Preserve existing vegetation to the greatest extent possible, and provide landscaping and screening elements to ensure visual privacy and separation to neighbouring properties and enhance the development. • Use exterior lighting of buildings and parking areas that is low intensity and not cause excessive night-time illumination to be cast on adjoining properties or the shoreline, and should be at a pedestrian scale.
General Design Principles
3. The design of buildings and structures should be consistent with the area’s coastal temperate rainforest character with the use of pitched roofs, exposed timber and natural materials. Appropriate building materials include wood, stone, treated/textured concrete.
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Building colours should be muted and consist of natural colours and must also be complementary to neighbouring buildings. 4. The design of buildings should minimize the obstruction of views. 5. The siting and design of all structures must minimize the visual impact of development from Highway 99, Howe Sound and Porteau Cove Provincial Park by appropriate siting of lot and building locations, maximizing tree retention, replanting and careful placement and selection of street and building lighting. 6. The siting of buildings and landscaping shall be used to minimize the noise and visual impacts of Highway 99 and CN Rail lines within residential areas. 7. Long modules of joined units and excessive repetition of unit design shall be avoided. 8. Large surface areas shall be broken down into smaller parking areas (e.g. to a maximum of 20 cars) and landscaped throughout. 9. Commercial area signage shall be compatible with the overall building design elements, and corporate design elements may not be permitted where they conflict with the building design elements or materials. Signs should not be illuminated from within.
5.7.2 Development Permit Area #4– Environmentally Sensitive Areas
Area Porteau Cove Development Permit Area #4 refers to the site area shown on Appendix 1, which identifies the watercourses, wetlands, riparian areas and old growth forest within the Porteau site. Other environmentally sensitive areas, including important plant communities and areas of fish and wildlife habitat will be identified through the detailed environmental assessment, and will be subject to these guidelines.
Category Pursuant to Section 919.1(a) of the Local Government Act, the Porteau Cove development site is designated as a development permit area for protection of the natural environment, its ecosystems and biological diversity.
Justification
The Porteau Cove development site includes a range of valuable and sensitive environmental features. Preliminary environmental assessment of the Porteau Cove site (Pottinger Gaherty Environmental Consultants Ltd., March 2005 and PWL Preliminary Rezoning Application, Creeks and Vegetation maps, December 2004) indicates the presence of environmentally valuable or sensitive areas, including an area of old growth forest, possible red-listed plant communities, and a network of permanent and ephemeral streams and wetlands. Ensuring protection of these sensitive areas during development is a fundamental planning principle for the Porteau Cove development and a goal of the Official Community Plan. The use of housing forms and siting to concentrate development in less sensitive portions of the site, leaving a significant portion of the land in a relatively undisturbed state is the primary means of protecting these areas, and to maintaining the visual and environmental qualities of the site.
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Guidelines
1. Land must not be altered and building permits will not be issued unless a development permit is approved by the Squamish-Lillooet Regional District unless otherwise exempted in this Plan;
2. A detailed Environmental Impact Assessment and Environmental Management Plan is required to be submitted prior to completion of rezoning for the site. The recommendations of that plan will be used to guide Development Permits for the site, to provide site-specific impact assessment and detailed management recommendations, which may modify the guidelines of this bylaw where appropriate. The detailed environmental assessment will also provide the basis for mitigation and onsite habitat augmentation.
3. Specific environmental protection and enhancement measures applicable to this site include: (a) Establish setbacks along all creeks that protect the integrity and habitat values of the watercourses in perpetuity. Impacts to fish habitat and water quality will be minimized by avoiding wherever possible, watercourses, sensitive wetland and their riparian zones. The number of stream crossings will be kept to an absolute minimum and free-span bridges or arched culverts will be used in stream crossings to preserve the natural streambed habitat. (b) Ensure connectivity for wildlife traversing the site, primarily through the riparian setback corridor. Impacts to wildlife and wildlife habitats will be minimized by avoiding development on or near rare and endangered wildlife species and their habitats, providing buffer zones around sensitive wildlife features and corridors for wildlife movement. Controlled time frames for construction will be established to avoid critical bird nesting periods. (c) Environmentally sensitive old growth forest areas and other areas containing rare or endangered plant species will be protected from development to the greatest extent possible, and where necessary, adequate buffers provided. (d) The stormwater management plan will protect the water quality and quantity entering watercourses, in part through separation of clean runoff from road runoff; (e) Removal of trees and vegetation from the site shall only occur as recommended by the Environmental Assessment, supported by detailed review by a professional arborist. Longer term protection of vegetation on steeply sloped areas may be managed through covenants registered on property titles if appropriate. (f) Plan a plant salvage and replanting program to reuse existing plants on site. (g) Reinforce awareness of natural areas, watercourses, wetlands and the old growth forest through education programs, signage and information kiosks; (h) Use the principles and plant lists contained in the Naturescape Guidelines for site planting where possible;
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(i) Ensure careful placement of barrier planting using appropriate native species along watercourses and wetlands to discourage public access to sensitive riparian areas; (j) Create or improve wildlife habitats with the use of native plant material and plant massing; (k) Promote the use of indigenous plants in private landscaping, while respecting Firesmart and Bear Smart objectives.
4. Riparian areas shall be protected in accordance with the guidelines and requirements of senior provincial and federal agencies, and in accordance with the Riparian Areas Regulations. The development permit area includes all lands within 30 metres of the top of bank of the watercourse, except where otherwise agreed in consultation with the Ministry of Environment and Fisheries and Oceans Canada, and as provided for under the Riparian Areas Regulations.
5. Environmental and cultural impacts will be minimized or avoided during construction by: (a) preparing an Environmental Construction Management Plan (ECMP) and sediment control plan (SCP) incorporating Best Management Practices; (b) establishing and temporary silt fencing of selected riparian areas to prevent sediment release for the duration of construction; (c) establishing and permanently fencing off selected environmentally sensitive areas; (d) drafting construction tender documents that will require contractor and trade adherence to environmental objectives as part of their contractual obligations; (e) establishing controlled timeframes for construction to avoid construction during wet fall months; (f) providing a professional environmental monitor (EM) with authority to modify construction practices or, if needed, halt construction to protect the environment; and (g) ceasing work and contacting the provincial Archaeology Branch if archaeological materials are discovered during development.
5.7.3 Development Permit Area #5– Natural Hazards
Area
Porteau Cove Development Permit Area #5 refers to the site area shown on Appendix 3 (Potential Natural Hazards) and Appendix 4 (Steep Slopes).
Category
Pursuant to Section 919.1(b) of the Local Government Act, the Porteau Cove development site is designated as a development permit area for the protection of development from hazardous conditions.
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Justification
The steeply sloping terrain conditions and presence of numerous watercourses on the Porteau Cove site present special challenges in terms of potential erosion problems, debris flow hazard, stormwater drainage, groundwater management, and protection of the environmental and visual values of steep slopes.
Preliminary geotechnical analysis of the Porteau Cove site (Thurber Engineering Ltd., Porteau Cove Development Geotechnical Hazard Assessment, February 11, 2004) indicates the site is characterized by complex bedrock terrain with generally thin or negligible soil cover, and that the property is potentially affected by debris flows and debris floods which originate in the headwaters of creeks which traverse the property. Kallahne Creek has a moderate risk of debris flow hazard, and a detention basis or creek channelization are under consideration as mitigation measures. Deeks Creek is considered to have a relatively low risk of debris flow hazard, but a deflection berm is indicated on Appendix 3 to minimize the potential for creek avulsion. A similar berm may be required to mitigate potential creek avulsion risk where the Creek 3 channel is in close proximity to Bertram Creek. The report also notes potential localized rockfall hazards due to steep slopes, and the need for precautionary creek channel setbacks. These areas are shown conceptually on Appendix 3, and will require site specific assessment.
Appendix 4 indicates areas of steep slopes on the Porteau Cove site (PWL, Slope Analysis map, August 2005). The Development Permit Area #5 guidelines apply to sloped areas over 20% grade.
Guidelines
1. As a general guide, development should not be sited in areas with natural hazards. Development should be designed to respect natural terrain conditions with minimum disruption to areas of steep slope or natural hazards. Where development occurs within or near hazardous areas, suitable development practices shall be followed and alternative development standards will be considered where the modified standards result in less alteration of natural site conditions. 2. A detailed geotechnical assessment prepared by a qualified geotechnical professional must be submitted as part of the Development Permit application to provide site-specific assessment and building siting and construction recommendations as appropriate. The report shall address all issues related to site drainage, soil slippage, seismic constraints, debris flow and debris flood hazards, creek avulsion and flood hazard, rock fall hazards, site clearing and retention of vegetation on steeply sloped lands. The report shall include recommendations for a Drainage Management Plan and stormwater controls and methods for reducing flows to watercourses and maintenance of groundwater regimes as appropriate. The report shall also identify measures to minimize potential erosion or sedimentation before, during and after site development. The report must certify that the land can be safely used for the purpose intended. The geotechnical report may reference phases of the site development or individual properties as appropriate.
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3. Detailed engineering studies may be needed to design either protective or flood control works along stream channels where avulsion hazards are present. 4. As a general guide, no development should occur within 15 metres of the top of bank adjacent to watercourses. More detailed geotechnical investigations on a site-specific basis may modify this setback requirement. 5. Areas of the site with grades of 20-40% as indicated generally on Appendix 4 are intended to be used for development, and site development in these areas must be carefully assessed by a geotechnical engineer and all recommendations for ensuring safety of structures and site stability must be followed. Areas over 40% slope are generally not suitable for development. If portions of these steeper slopes are used for development, they must be fully assessed in a geotechnical report and mitigation measures followed. 6. Prior to approval of subdivision, a geotechnical report must indicate a suitable building envelope and driveway access on each lot. Specific geotechnical reports for individual sites may be also required as appropriate prior to issuance of Building Permit.
5.7.4 Exemptions – Development Permit Areas #4 ((Environmentally Sensitive Areas) and #5 (Hazardous Conditions)
Development Permits are not required:
1. Where an environmental assessment report prepared by registered professionals indicates that development can proceed according to the conditions specified in the report, and where senior provincial and federal agencies have supported the recommendations and conditions of the environmental assessment report in writing; 2. Where there are hazardous conditions requiring development precautions which a professional geotechnical report submitted to the Squamish-Lillooet Regional District indicates can otherwise be regulated by the SLRD zoning or building bylaws, or where the mitigation recommendations of the geotechnical report have been completed prior to subdivision approval and written confirmation has been provided by the geotechnical professional, or where the geotechnical report states that the land can be safely used for the purpose intended; 3. For any development or alteration of a site where the proposed construction, including site development activities such as clearing, grading, trenching or pipe installation is located on a portion of the site outside the designated hazard or environmentally sensitive area, to be confirmed by site survey and written confirmation from the appropriate geotechnical engineer or certified environmental professional; 4. Works approved by the SLRD, Fisheries and Oceans Canada and/or Ministry of Environment with respect to trail construction, stream enhancement, and fish and wildlife restoration. 5. For development that is an addition or alteration to an existing building which does not exceed 40 square metres in size and is located outside any designated hazardous conditions or environmentally sensitive area;
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6. Where the development is minor and cosmetic in nature such as the replacement of a door or window, replacement of roofing, repairs to exterior finishes and does not involve altering the structure of the building; 7. For emergency repairs to buildings and structures where there is a demonstrable and immediate risk to public safety or property; 8. For a temporary use for which a Temporary Use Permit will be issued by the Squamish- Lillooet Regional District; 9. To resolve emergency situations that present an immediate danger to the including procedures related to flooding, erosion or other immediate threats to life or property, including removal of hazardous trees. 10. For the construction, repair or maintenance of public works by the SLRD or its authorized agents and contractors.
Map Amendments
(c) Official Community Plan Land Use Plan Map No.4 is amended to redesignate the properties in Porteau Cove as outlined on Schedule A to this bylaw from “Special Planning Area” and “Resource Management” to “Planned Community”;
(d) Schedule B to Howe Sound East Sub-Area 3 Plan Map B3 – Development Permit Area- is amended to designate: i. the areas shown on Appendix 1 to this bylaw as Development Permit Area #3 (Form and Character of intensive residential, commercial and multi-family development); ii. the areas shown on Appendix 1 to this bylaw as Development Permit Area #4 (Protection of Environment); iii. the areas shown on Appendix 3 to this bylaw as Development Permit Area #5 (Hazardous Conditions); iv. the areas shown on Appendix 4 to this bylaw as Development Permit Area #5 (Steep Slopes).
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6.0 Implementation
Objective
• Work with other agencies, land owners and community residents as required to implement the land use plan.
Policies
6.0.1 Support and encourage commuter rail service along the Sea to Sky Corridor as part of transportation planning studies. 6.0.2 Support and encourage development of a Heritage Plan for Britannia North to address issues such as which historic buildings should be protected, which should be kept in their existing locations, which should be moved, and appropriate adaptive reuse of the buildings. 6.0.3 If and when future development is planned at Britannia North, support and encourage a transportation planning study to determine how best to provide safe pedestrian and vehicular access across Highway 99 with minimal disruption to the proposed townsite development. 6.0.4 Support and encourage the development of municipal road standards for proposed roads within development areas. 6.0.5 Consider incorporating into the subdivision servicing bylaw stormwater management provisions consistent with the guidelines in this plan. 6.0.6 Support and encourage the preparation of a Management Plan for Britannia Creek to balance flood prevention with fish habitat concerns. 6.0.7 Consider the implementation mechanisms available in the Local Government Act for provision of amenities and affordable housing in conjunction with future rezoning involving Britannia North or South. 6.0.8 Amend the Furry Creek Zoning By-law No. 672, 1998 to incorporate the “Uplands” area and establish zoning regulations consistent with the Preliminary Layout Approval and registered development agreement for the Uplands. 6.0.9 For clarity of intent and to assist in future interpretation, the land use designations on Map B2 Britannia Beach Land Use Plan generally represent development concepts. Future land use and development applications that vary in detail from, but are consistent with the overall vision for the community in terms of concept, scale (ie. total number of units), mix of housing types; provision of parks, open space, public facilities and amenities, etc. may be deemed to be consistent with this plan. (Plan Amendment By-law 714)
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(Plan Amendment By-law 714)
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(Plan Amendment By-law 714)
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(Plan Amendment By-law 714)
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(Plan Amendment By-law 714)
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(Plan Amendment Bylaw 940, 2005)
SCHEDULE C
SQUAMISH-LILLOOET REGIONAL DISTRICT
BLACK TUSK VILLAGE /PINECREST ESTATES SUB-AREA 2 PLAN
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Appendix 1 to Electoral Area D Official Community Plan Amendment Bylaw No. 940, 2005
Table of Contents
Page 1.0 Introduction...... 45 2.0 Plan Principles ...... 47 3.0 Residential...... 48 4.0 Resource Management...... 51 5.0 Parks and Recreation...... 52 6.0 Commercial...... 54 7.0 Transportation...... 55 8.0 Water Supply ...... 56 9.0 Other Infrastructure...... 57 10.0 Environmentally Sensitive Areas...... 58 11.0 Potential Hazard Areas ...... 62 12.0 Emergency Preparedness ...... 64 13.0 Implementation ...... 65
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BLACK TUSK VILLAGE / PINECREST ESTATES SUB AREA PLAN
1.0 Introduction
1.1 Planning Context
The Electoral Area D Official Community Plan (OCP), originally adopted in September 1994 as the Whistler South OCP Bylaw No. 495, provides guiding principles and general policies for all of the lands within Electoral Area D. In 1999, a major amendment to the Electoral Area D OCP was adopted in the form of Bylaw 692, 1999. Bylaw 692 establishes a framework for sub area planning and a set of planning principles for each sub area. This bylaw was undertaken in recognition of the fact that the sub-areas of Electoral Area D are unique and have diverse interests and issues. Sub Area planning allows for the generation of plans that address the resources, needs and interests of each distinct community better than a process in which plans must meet a broad OCP for a larger area.
The Black Tusk Village/Pinecrest Estates area is referred to as Sub Area 2. At the outset of the sub area planning process, the conceptual boundaries identified in Bylaws 495 and 692 were refined. The boundaries were established based on the following parameters (see Map 1): • North boundary – south limit of Resort Municipality of Whistler, watershed boundaries extending east and west from Whistler boundary • West boundary – watershed height of land • South boundary – watershed boundary extending east and west from the southern limit of the Rubble Creek Landslide Hazard Area • East boundary – Garibaldi Provincial Park boundary, except that the Rubble Creek extension from the park boundary is within the plan area
Two areas were considered for inclusion in the study area, but a decision was made to exclude them. The Callaghan Valley was not included because it is subject to a separate planning process related to the 2010 Olympics; consequently, the planning issues are very different from those in the Black Tusk Village/Pinecrest Estates area. The southern portion of Sub Area 2 identified in Bylaw 692 includes some private lots along the Cheakamus River (Paradise Valley) and lots around Butterfly Lake. Since the primary stakeholders for these areas are based in Squamish, it was thought that these areas would be better addressed in a separate planning process.
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1.2 Overview of the Plan Area
Black Tusk Village and Pinecrest Estates are neighbouring single-family residential gated strata developments with a combined total of approximately 175 homes. These communities are situated on the west side of the Sea to Sky Highway (Highway 99), south of Whistler. The Brew Creek Lodge is the only commercial development within the area. The only other development is limited to several private residential properties and the Sea to Sky Retreat Centre.
Resource management activity occurs outside of the communities and there is potential for more. The Sub Area is adjacent to two provincial parks, and there is also extensive commercial and informal public recreation that occurs on Crown land.
The Sea to Sky Highway is the primary transportation corridor. Each community and area of private land currently has a separate access road off the highway. There is currently minimal public transit.
The two communities each have their own water supply and sewage treatment systems. Other rural developments have private wells or water licenses, and septic systems.
The Sub Area has some significant environmental values. The key environmentally sensitive areas include: fish-bearing waterways, open wetlands and associated riparian areas, old-growth forest, and talus slopes.
The Sub Area is within the traditional territory of two First Nations; the Squamish and the Líl’wat (part of the St’át’imc). The Squamish and the St’át’imc have developed Land Use Plans for their traditional territory. Both the Squamish and the Líl’wat have been consulted in the preparation of this Sub Area Plan.
A major planning constraint within the Sub Area is the Rubble Creek Landslide Hazard Area (previously called the Garibaldi Civil Defence Zone). This is a large area that engineers and geologists have determined could be inundated if there was ever a failure in the Barrier, a large natural dam located near the top of the Rubble Creek valley1. Identification of this hazard area caused the relocation of many residences in the 1980s.
Because of the relative isolation of the existing communities, extensive informal recreation, and dry summer conditions, the threat and management of fire is a major concern in the Sub Area. A
1 Mr. K. G. Farquharson, civil engineer, 1972, regarding the application for Phase 2 of Cleveland Holdings Ltd’s. subdivision at Rubble Creek; and Dr. W. Matthews, then head of the Department of Geology at the University of British Columbia - article in American Journal of Science, August, 1952: Ice-Dammed Lavas from Clinker Mountain, Southwestern British Columbia.
46 By-law 495 - Consolidation for Convenience Only January 2007 significant amount of work has already been directed towards risk reduction and development of emergency procedures.
1.3 Planning Process
In recognition of the importance of local input into the planning process, a structure was established for engaging the local community. A Public Advisory Group, with representatives of Black Tusk Village, Pinecrest Estates and the Brew Creek Lodge, with interests ranging from environmental protection to development, guided the process through regular meetings. In addition, two public meetings were held; at the beginning of the process, and to review a draft plan.
Formal consultation with various provincial government ministries and agencies (Ministries of Transportation; Forests; Health; Water, Land and Air Protection; Land & Water BC), the Resort Municipality of Whistler, Squamish Nation, Líl’wat Nation, and School District 48 also occurred throughout the process of developing the Sub Area Plan.
2.0 Plan Principles
The following principles were established to guide the Sub Area Plan: • New development will be similar in form and character to the existing development, i.e., low impact, rural character, environmentally sensitive. • Environmental resources will be protected and recognized for their ecological values and their role in providing character to the area. • The local community will have the ability to shape future land use, with an active role and participation in future land use decisions. • There will be flexibility in planning, allowing the community the ability to evaluate each proposal according to its merits. • The quantity and quality of the water supply of local communities will be protected. • Planning will respect the needs for fire suppression and protection. • The values, interests and Land Use Plans of the St’át’imc and Squamish First Nations will be respected. • Existing and new communities will be sustainable, following established guidelines that relate to environmental, social and economic considerations.
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In order to be consistent with the principles above, significant changes to the previous land use plan for this area were made. For example, large areas of the Rural Residential designation in remote areas have been redesignated to Resource Management.
3.0 Residential
Context
Residential development in the study area consists mostly of two existing, adjacent communities. Pinecrest Estates, the southerly community, has 75 lots on 30 ha (74 acres). Although this is a gross density of 2.5 lots/ha (1 lot/acre), the typical lot size is 0.04 ha (0.1 acres), resulting in 90% of the property being common open space. The lots are a unique round shape, with a typical distance of 10 metres (33 feet) between lot boundaries. A “land use contract” (SLRD Bylaw No. 102) regulates the use and development of the land in Pinecrest Estates.
Black Tusk Village has 94 lots on 18 ha (45 acres). The gross density is 5 lots/ha (2 lots/ acre), with a typical lot size of 0.07 ha (0.17 acres), leaving 64% of the property as common open space. The typical space between the mostly rectangular lots is 6 metres (20 feet).
Because of the open space between lots, which is mostly treed, the extensive open space occupied by lakes and forest, and the rural character of homes controlled by design standards, both of the existing communities have a rural character. Complementing the above features are narrow winding roads with grassed swales and vegetation close to the roads.
The existing OCP includes a Rural Residential designation on the Sea to Sky Retreat Centre as well as on the property to the north. The northern property is Crown land and does not contain any existing or proposed development.
The Sea to Sky Retreat Centre, located on the east side of Daisy Lake, is a small development that is operated as a Buddhist meditation retreat and residential teaching centre. Comprised of several small buildings and shelters, the Sea to Sky Retreat policy is to preserve a “fragile and solitary environment”, to respect the limitations of the Rubble Creek Landslide Hazard Area, and to accommodate a maximum of 30 overnight participants at any one time. The site is operated on a non-profit basis. A covenant on title establishes a maximum of 8 single family dwelling units on the land.
North of Pinecrest Estates and Black Tusk Village, but south of Whistler, there are three private lots with residences, currently designated Resource Management. South of the communities, there is an occasional old cabin.
Some of the issues related to residential development are as follows:
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• The existing OCP designates a portion of the two communities as Planned Community, with the remainder being Resource Management. • Nightly tourist rentals have occurred within the existing communities, despite the fact that this is forbidden by strata regulations and not supported by many residents. • The existing OCP allows for a significant amount of Rural Residential development within the southern portion of the plan area, most of which is on Crown land and some of which is within the Rubble Creek Landslide Hazard area. In addition, rural residential development in these areas is not consistent with the planning principles that discourage a dispersed pattern of settlement.
Objectives
• Allow for appropriately scaled population growth consistent with the broad direction of the Electoral Area D OCP. • Retain single family as the preferred form of development. • Discourage residential development in back-country areas. • Protect trees within developed areas to provide rural character. • Use Smart Growth principles in the planning and design of new communities. • Maintain a high quality of livability.
The policies related to residential development are provided in the subsections below in relation to the land use plan designations.
3.1 Planned Community
The Planned Community designation recognizes the existing status of the communities of Black Tusk Village and Pinecrest Estates in the Electoral Area D OCP.
Policy: 1. Disallow tourist accommodation (nightly rentals) in existing residential developments in the plan area.
3.2 Special Planning Area
A Special Planning Area (SPA) is designated as a precursor to a Planned Community designation in order to allow for new residential development on private land, and possibly some Crown land, north of Black Tusk Village.
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Objective:
To recognize the potential of land north of Black Tusk Village for future development by designation as a Special Planning Area.
Policies: In addition to the policies in sections 5.2.6.2 and 6.2.2 of the Area D OCP, the following policies apply to the Special Planning Area in Sub Area 2: a. Establish an overall development potential within the Special Planning Area based on the existing OCP Rural Residential maximum density of one dwelling per acre (0.4 ha) where community water and sewer systems are provided. In calculating the maximum potential density, include only developable land, i.e., exclude environmentally sensitive areas, utility corridors, potential hazard areas, and land required for road access. Based on the overview information available, the developable area within the Special Planning Area is approximately 43 ha (106 acres). b. Consider a density bonus if a recreation amenity with community value is provided. c. Allow for smaller lots or clustered dwellings within the development area in order to protect portions of the property as environmentally sensitive areas, open space for outdoor recreation, or to retain rural character. d. New development shall be serviced by community water and sewer systems. e. Encourage some variety of housing forms and densities within an overall single family context. f. Encourage common area (preferably at least 6 m (20 feet)) between dwellings or covenanted buffer areas along common lot boundaries per the existing communities to retain trees that enhance rural character. g. Encourage private land owners and the Crown to collaborate on a development concept plan for the area north of Black Tusk Village, allowing for more flexibility and opportunity to create a planned community which complements the attractive design characteristics and layout of the two existing communities. The minimum development to be considered as a viable Planned Community is 50 units. h. Proposed developments seeking consideration for the Planned Community designation will be designated Development Permit areas for the purpose of establishment of objectives and development of guidelines for the form and character of intensive residential development.
3.3 Rural Residential
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The Rural Residential designation recognizes locations that are suitable for low density residential use.
Objectives
• Support the Sea to Sky Retreat Centre according to the terms of its existing covenant, policies and operating procedures. • Discourage Rural Residential development in dispersed locations.
Policies
1. Recognize the existing use of the Sea to Sky Retreat Centre property under the Rural Residential designation. Future subdivision of this property for residential use is not supported. 2. Future rural residential development in portions of the plan area other than the Sea to Sky Retreat Centre is not supported.
4.0 Resource Management
Context
The primary active resource management activities within the Sub Area include the B.C. Hydro facility at the Daisy Lake Dam, and gravel extraction by the Ministry of Transportation for highway work. Much of the land surrounding the communities is forestry land.
The primary potential for increased resource management activity includes forest harvesting, increased gravel or mineral extraction, and independent power project (IPP) applications.
From a community perspective, the primary issues related to resource management relate to the desires of residents to minimize the visual, noise and/or pollution impacts that could result from some resource management activities.
Objectives
• Retain the rural quality of the existing setting. • Ensure that specific Crown land areas and values of key concern to the community and the SLRD are known to statutory decision-makers within provincial government agencies and corporations.
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• Promote the allocation, use, and management of Crown land and water resources in a manner that, to the greatest practicable extent, positively addresses community needs and interests. • Coordinate with provincial land management agencies in implementation of the Sea to Sky Land and Resource Management Plan (LRMP) and other higher level plans to minimize the impacts of any resource management activities on existing and future residents and on existing and potential tourism and recreation activities. • Accommodate back-country tourism and recreation activities as long as impacts on residential communities are minimized.
Policies
1. The minimum lot size within this area for new subdivisions is 40 ha (100 acres). 2. Establish a scenic protection zone for IPPs to ensure that they are not visible or audible from residential areas or established recreation areas. 3. Discourage gravel extraction in areas within visible or audible range of existing and future residential areas. Establish restrictions on gravel extraction operations, where the regional district has the necessary authority, to minimize impacts on residential areas. 4. The development approval process within Resource Management areas shall be consistent with the recommendations of the Community – Crown Land Interface (CCLI) area of the Sea to Sky LRMP. The CCLI area delineates areas where a higher standard of communication and referrals, including enhanced consultation, coordination and collaboration in the management of Crown land resources should take place to ensure an appropriate level of care that will address community health, safety, stability and quality of life. 5. Work with provincial agencies to ensure that operational plans, prescriptions and permits contain measures that will minimize adverse effects of resource development or use on adjacent communities (e.g. risk of flooding, debris flow, landslide, or erosion on downstream settlement areas, deteriorated water quality in domestic water supplies, deteriorated visual quality, noise effects from motorized activity). 6. Establish a 2 km buffer from existing and proposed communities for motorized summer and winter commercial recreation tenures. 7. Allow, on a site specific rezoning basis, small-scale back-country tourism lodgings that accommodate a maximum of 12 guests and 3 staff. A plan amendment will not be required to facilitate back country lodging of this scale.
5.0 Parks and Recreation
Context
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Sub Area 2 is located in an area that is rich in parks and recreation resources. Garibaldi Provincial Park includes the mountains to the east, and Brandywine Falls Provincial Park is at the north end of the planning area.
There are no dedicated parks within Black Tusk Village or Pinecrest Estates, but both of these communities have extensive common area open space that is used for recreation, e.g., beach, lakes, trails, Black Tusk Village Community Hall. These areas serve the outdoor recreation needs of the local residents, but they are not available to the public. For formal recreation facilities, e.g., sports fields or indoor facilities, the local residents need to travel to Whistler or Squamish.
In addition to the recreation opportunities within the provincial parks and the communities, there is extensive informal recreation on Crown land. Recreational use is disallowed within the Rubble Creek Landslide Hazard Area. Despite this regulation, the beaches on Lucille Lake, Stanley Lake and Shadow Lake are popular for day use activities, and these locations are also used for camping. There is also informal use of roads, logging roads and trails in the surrounding areas. Summer activities include hiking, mountain biking and ATV riding, with winter uses including back-country skiing and snowmobiling. During periods of high fire risk, the Garibaldi Fire Department Wildland Interface Committee conducts unofficial patrols of the informal recreation sites.
There are significant concerns related to parks and recreation within the study area, summarized as follows:
• A significant amount of informal use occurs within the Rubble Creek Landslide Hazard area. Although some signs exist, it is unlikely that there is a high level of awareness about the risks or appropriate emergency responses within this area. • There are risks associated with recreational use of Shadow Lake, since water levels can fluctuate rapidly in relation to management of the Daisy Lake dam for hydro purposes. • There is a fire hazard associated with informal public recreational use, from activities such as smoking, open fires, and barbeques. The lack of management or monitoring of the area exacerbates the risks. • There are noise, safety and security concerns associated with back-country recreation, with minimal management, as noted previously. • Issues have arisen from the use of roads as trails, e.g. for races, displacing and disrupting local traffic. • A number of studies and plans have been developed with respect to back-country recreation, e.g., Sea to Sky LRMP, Local Resource Use Plans (LRUPs), Back-country sharing forum.
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The recommendations of these plans are not necessarily implemented in a consistent and thorough manner. • The lack of a Regional Parks function limits opportunities for park development focused on public needs.
Objectives
• Encourage the provision of parkland to meet community recreation needs. • Encourage the provision of a trail system adjacent to and linking existing and proposed communities, to park sites and community facilities, and connecting with back-country trails. • Encourage and advocate the development of a management plan, management policies and monitoring of informal and back-country recreation.
Policies
1. Implement the requirement for a minimum 5% park dedication to acquire public land suitable for public recreation facilities or trails in new developments. 2. In new developments, including strata developments, encourage the provision of public access to major parks and trails. 3. Maintain public access to Crown land for recreation purposes, e.g., staging areas where required for access to existing and future trails. 4. Work with the Sea to Sky Trail Committee of the Regional District to identify an appropriate alignment and access points, recognizing private property rights. 5. Protect existing back-country trails or reroute these if necessary due to new developments. 6. Discourage recreational use within the Rubble Creek Landslide Hazard area. Ensure that emergency access to sites that are illegally used for recreation is provided.
6.0 Commercial
Context
The only existing commercial development within the Sub Area is the Brew Creek Lodge. Although this property is currently designated Resource Management within the OCP, it is zoned for commercial use. Brew Creek Lodge is operated as a wellness centre and it also has a broader clientele, including weddings and other small events and retreats. The Lodge may have some interest in expanding its facilities within the property.
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Some of the local residents of Black Tusk Village and Pinecrest Estates have expressed interest in local commercial use (convenience store or service station), since there is a significant distance to the closest convenience store. Residents often encounter highway travelers looking for supplies, directions, and washrooms in the vicinity of the gates to the two communities. The Ministry of Transportation does not support a service station in this vicinity.
The OCP currently encourages major commercial development within the area’s municipalities, but does allow for the possibility of commercial use in the Planned Community designation, provided that the commercial use caters to local residents, tourists or recreationalists, and is an integral part of a larger residential development. If commercial development was to occur, it would be important to the local community that it fit with the rural character of the area.
Objectives • Recognize the existing commercial development at Brew Creek Lodge and its potential for limited future expansion. • Recognize that the existing residential development is not sufficient to support local commercial use, but with future growth, an opportunity for some commercial services may arise.
Policies
1. Support minor expansions of Brew Creek Lodge, provided that they are consistent with the other provisions of this plan. 2. If a new commercial area is to be designated in the future, it shall also be designated a Development Permit area for the purpose of establishing objectives and development of guidelines for the form and character of commercial development (form and character to be small scale, fit with rural setting, native landscape, etc.).
7.0 Transportation
Context
The Ministry of Transportation (MOT) is in the process of planning for the upgrading of the Sea to Sky Highway to three lanes with alternating passing lanes within Sub Area 2. Three options for the alignment have been identified (see Map 5): • Option A – existing alignment with straightening and improved sightlines, “T” intersections for existing communities, road drainage away from Retta Lake
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• Option B – minor re-alignment adjacent to the existing highway, significant environmental impacts to wildlife and fisheries • Option C – major re-alignment to a new route west of Daisy Lake, existing highway becomes a frontage road The primary community concerns related to the highway are protection of the drinking water supply at Retta Lake, and provision of safe intersections. The local community and the Regional District have a strong preference for Option C. In response to community concerns, the Ministry of Transportation has requested an amendment to the Environmental Assessment Certificate for the Sea-to-Sky Highway Improvement Project. The MoT wishes to construct 2 kilometres of new highway approximately 300 metres east of the existing highway in the Pinecrest Estates/Black Tusk area.
Public transit between communities in the Sea to Sky corridor is currently limited. In recognition of the number of commuters and shift work in Whistler, a transit link between Whistler and Squamish has been implemented on a trial basis.
Objectives
• Ensure that the upgrading of the highway respects community needs. • Encourage the development of an improved public transit system in the Whistler – Squamish corridor, with off-highway stops for the existing and future communities.
Policies
1. Work with MOT to develop and evaluate transportation options that: provide safe ingress and egress from the highway to all existing and new developed areas and recreation use areas, and eliminate the impacts of the highway on Retta Lake. 2. Identify and plan for transit stop location(s).
8.0 Water Supply
Context
Both Pinecrest Estates and Black Tusk Village have their own community water systems. Retta Lake, the small lake between the development and Highway 99, is the community water supply for Pinecrest Estates. Black Tusk Village has a community water supply on leased land the northeast corner of the District Lot that the community falls within. The water supply is near the lower portion of the Widow (Brew) Creek watershed. In recognition of this, the Widow (Brew)
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Creek Watershed is indicated on Ministry of Forests maps, but it does not have an official Community Watershed Designation.
Protection of the water supply is a critical issue to the two existing communities. Retta Lake is extremely susceptible to pollution, particularly from highway contamination and vehicular intrusion, being a surface water body very close to the highway. The primary threats in the Widow (Brew) Creek watershed are disruption of the hydrological patterns and the type of pollution that could seep into the groundwater.
Objectives
• Ensure that the water sources for all existing and new communities are protected. • Require the development of community-based water supply systems for new developments in the Planned Community designation.
Policies
1. Consider the establishment of a Watershed Protection zone and consider pursuing a community watershed designation for the Widow (Brew) Creek watershed in which a high priority is given to protection of the water resources. 2. Work with other agencies to ensure that there are no activities or facilities in the Widow (Brew) Creek watershed that could have water quality or flow impacts on the Black Tusk Village water supply. 3. New water systems must comply with all relevant provincial regulations and those of the Vancouver Coastal Health Authority.
9.0 Other Infrastructure
Context
Both Black Tusk Village and Pinecrest Estates have community sewage treatment systems. Other services include power, telephone, and cable TV, and a high-speed internet line (ADSL). The communities lack natural gas. All stormwater is handled as surface flows to natural areas.
Objectives
• Require servicing by community-based sewage treatment systems for new developments in the Planned Community designation.
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• Encourage the development of infrastructure that minimizes impacts to environmental resources. • Encourage initiatives to upgrade telecommunications services to the Sub Area.
Policies 1. Sewer systems must comply with all relevant provincial regulations and those of the Vancouver Coastal Health Authority. 2. Adhere to current best management practices for infrastructure development and maintenance. 3. Encourage the infiltration of all stormwater into the ground, minimizing alteration of the existing hydrology.
10.0 Environmentally Sensitive Areas
Context
This section provides a summary of the key environmentally sensitive areas based on an environmental overview of the portion of the study area near the existing communities (Gebauer and Associates Ltd., 2004) (see Map 2). Since the environmental overview was based on TRIM mapping, forest cover maps, and limited fieldwork, it is suitable for broad planning work only; more detailed studies will be required prior to any new development.
Fish, likely Cutthroat Trout (Oncorhynchus clarki), were confirmed in most of the streams. Fish- bearing streams receive special protection through the Fisheries Act, and setback distances from stream edges will be required for any future developments. Smaller watercourses, which are not necessarily fish-bearing, may also provide habitat for the blue-listed Coastal Tailed Frog (Ascaphus truei), a species of Special Concern under the Species at Risk Act.
Typically near the lower elevation or flat portions of the waterways are open wetlands and associated riparian areas. Extensive riparian areas dominated by emergent species, shrubs and trees characterize private lots north of Pinecrest Estates. These riparian areas are not only important fish-rearing areas and food sources for fish, but important breeding and living habitats for a wide diversity of terrestrial wildlife species. The blue-listed Red-legged Frog (Rana aurora), a species of Special Concern federally, likely breeds in open wetlands and inhabits riparian forests and other habitats adjacent to wetlands during the nonbreeding season. High biodiversity values give these wetland areas particularly high environmental sensitivity.
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Open wetlands and associated riparian vegetation are important living areas for fish and breeding areas for cavity-nesting waterfowl such as Common Goldeneye (Bucephala clangula) and Hooded Merganser (Lophodytes cucullatus).
Because of the long logging history in the area, few old-growth forests, defined as those with an age class over 120 years, remain. Remaining patches are inevitably either red or blue-listed ecosystems by the Conservation Data Centre. Old-growth forests provide nesting and living opportunities for a unique assemblage of wildlife species such as the federally Threatened Marbled Murrelet (Brachyramphus marmoratus), a species nesting almost solely in old-growth forests, blue-listed Western Screech-Owl (Otus kennicottii kennicottii; Special Concern federally) and the more widespread blue-listed Band-tailed Pigeon (Columba livia).
Well developed talus slopes are present around Freeman Lake. These areas often host unique plant species and provide living opportunities for snakes, small mammals and amphibians.
Objective
• Encourage the protection and enhancement of existing environmental resources.
Policies
1. Establish riparian areas as a Development Permit Area, as described in more detail below. 2. Require environmental assessments prior to rezoning approval. The assessments shall address: vegetation (unique, rare and endangered), wildlife habitat and migration corridors (unique, rare, endangered, or essential), and fish habitat. The assessments shall identify environmentally sensitive areas (ESAs) where development should not occur, e.g., watercourses, wetlands, some old growth forest, talus slopes, including identification of appropriate setbacks; and areas where guidelines should be implemented, including recommended mitigation measures, and enhancement measures that could improve environmental resources. 3. Encourage the enhancement of environmental resources in ESAs and throughout development areas through community education and stewardship initiatives.
Development Permit Area 6: Riparian Area Protection
Area
Fish bearing streams, wetlands and associated riparian habitat identified on Map 2 – Environmentally Sensitive Areas are designated as Black Tusk – Pinecrest Development Permit Area 6. Development Permit Area 6 also includes the following areas in the Black Tusk Village
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– Pinecrest Estates Sub Area Plan (Map 1 – Study Area) within and adjacent to all streams that provide fish habitat or flow into a stream that provides fish habitat:
(a) a 30 metre strip on both sides of the stream, measured from the natural boundary; (b) for a ravine less than 60 metres wide, a strip on both sides of the stream measured from the natural boundary to a point that is 30 metres beyond the top of the ravine bank; and (c) for a ravine 60 metres wide or greater, a strip on both sides of the stream measured from the natural boundary to a point that is10 metres beyond the top of the ravine bank.
Category
Pursuant to Section 919.1(a) of the Local Government Act, Development Permit Area 6 is designated as a development permit area for protection of the natural environment, its ecosystems and biological diversity.
Justification
There is a significant network of fish-bearing waterways through the existing and potential development areas. The requirements of the provincial Fish Protection Act, in particular the Riparian Areas Regulation, apply with respect to protecting fish habitat, and the development permit designation is intended to satisfy those requirements,
Guidelines for Development Permit Area 6
1. Land must not be altered and building permits will not be issued unless a development permit is issued by the Squamish-Lillooet Regional District unless otherwise exempted in this Plan.
2. Development Permits issued may require that:
(i) areas of land, specified in the permit, must remain free of development, except in accordance with any conditions contained in the permit; (ii) specified natural features or areas be preserved, protected, restored or enhanced in accordance with the permit; (iii) natural watercourses be dedicated; (iv) works be constructed to preserve, protect, restore or enhance watercourses or other specified natural features of the environment; (v) protection measures be implemented, including that trees or other vegetation be planted or retained in order to preserve, protect, restore or enhance fish habitat or riparian areas, control drainage, or control erosion or protect banks; (vi) an explanatory plan or reference plan prepared by a BC Land Surveyor delineate the identified streamside protection and enhancement area; and
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(vii) development comply with Land Development Guidelines for the Protection of Aquatic Habitat, published by Fisheries and Oceans Canada and the Ministry of Environment, Land and Parks, May, 1992
Exemptions
Development Permits are not required:
(i) Where an environmental assessment report prepared by registered professionals indicates that development can proceed according to the conditions specified in the report, and where senior provincial and federal agencies have supported the recommendations and conditions of the environmental assessment report in writing; (ii) For works approved by Fisheries and Oceans Canada and/or Ministry of Environment with respect to trail construction, stream enhancement, and fish and wildlife restoration; (iii)To resolve emergency situations that present an immediate danger related to flooding, erosion or other immediate threats to life or property, including removal of hazardous trees.
Guidelines for Environmentally Sensitive Areas
The following guidelines are applicable to environmentally sensitive areas that may not fall within Development Permit Area 6:
• Encourage additional setbacks adjacent to streamside protection and enhancement areas wide enough to accommodate trails in appropriate locations. • Effort should be made in conjunction with residential land development to retain as much existing vegetation as possible, especially significant vegetation and habitat, using the following guidelines: • Minimize the extent of cut and fill required for road construction and instead conform to the natural contours of the landscape. All cut and fill slopes should be treated with growing medium, hydro-seeded, and planted with native vegetation. • Plan open space areas to incorporate stands of mature forest. • Retain existing ground vegetation and trees where possible within development areas. • Use buildings with small footprints where possible so that building sites can more readily conform to the existing terrain and allow for protection of existing vegetation. • Retain patches of old growth forest and retain existing veteran trees where possible. • Site habitable structures so that existing trees do not pose a hazard.
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• Protect any trees that contain raptor nests, along with a 50 m setback where existing vegetation is not disturbed. • Development should be timed to alleviate impacts upon the special conditions of the site including but not limited to: • limitations of works that may impact established seasonal habitat of wildlife. e.g., no clearing during the sensitive nesting period for birds and other wildlife. • minimizing land disturbance in areas subject to possible erosion during seasonal periods of high rainfall. • Encourage public education regarding environmental stewardship, including promotion of the use of bird waterers, amphibian ponds, and nesting boxes.
11.0 Potential Hazard Areas
Context
Sub Area 2 is dominated by hazard conditions. The Rubble Creek Landslide Hazard Area occupies a significant area of land within the primary valley bottom of the plan area, extending up the valley sides to an elevation of 400 metres (see Map 3).
The Barrier is a geological feature created thousands of years ago by lava flows which solidified at the head of the Rubble Creek Valley behind which Garibaldi Lake, Lesser Garibaldi Lake and Barrier Lake were formed. Extensive geological analysis in the 1970s and early 1980s revealed that the Barrier is a potentially unstable landform which could be the source of a catastrophic rock avalanche. Should a rock avalanche occur, there is the potential for a flood wave to be generated if the slide enters Daisy Lake Reservoir. The threat to public safety was considered so serious that the Provincial Government designated the area a Civil Defence Zone by Order in Council (OIC) 1185/80, approved and ordered on May 30, 1980.
The Garibaldi Civil Defence Zone (CDZ) encompassed the Barrier, Rubble Creek Valley, Daisy Lake Reservoir, Lucille Lake, Shadow Lake, Cheakamus Dam and a portion of the Cheakamus River Valley below the dam (approximately 5 km). Owners of property within the CDZ were offered compensation by the government and relocated beyond the danger zone to Black Tusk Village, which was established for that purpose. The OIC remains in effect to this date and significantly limits the extent of human activity in the designated area.
In 2001, The Garibaldi Civil Defence Zone Land Management Plan was prepared by Gryphus Land Use Planning Corp. and Thurber Engineering Ltd. for the Ministry of Attorney General, Provincial Emergency Program. In addition to recommending a change in the name of the hazard area, the plan recommended expanding public awareness and safety through a variety of media
62 By-law 495 - Consolidation for Convenience Only January 2007 regarding the Barrier’s rockslide potential. Various types of signs, brochures, posters and educational programs were recommended to communicate information to specific target audiences about the Rubble Creek Barrier landslide hazard and how activities are administered within the hazard area.
An inter-agency committee made up of representatives of provincial ministries, Crown corporations, and local government was recommended to oversee preparation of a Memorandum of Understanding (M.O.U.) and a series of Management Plans to guide the activities of various government agencies with facilities or responsibilities within the CDZ. This approach was intended to streamline the approval process while ensuring the intent of the CDZ is respected.
The location and physical characteristics of the Civil Defence Zone contribute to the area’s popularity for recreational activity. Hiking and mountain biking trails, scenic lakes and beaches combined with the area’s proximity to Whistler, Squamish and the Lower Mainland attract thousands of outdoor recreation enthusiasts to the Garibaldi area every year. With the implementation of the Civil Defence Zone in 1980, measures were taken to minimize human activity within the zone. B.C. Hydro, Forestry and private picnic areas and campsites were closed and public facilities were removed. Despite these actions many people continue to pursue informal recreational activities within the zone.
Because the Garibaldi Civil Defence Zone was established by an Order in Council, any changes to the current regulations must be authorized by a new Order in Council. The Emergency Program Act itself may require amendment in order to enable changes to be made to the OIC.
In July 2003, an Order in Council was enacted to redefine the boundaries and to change the name of the hazard area. The name was changed from the Garibaldi Civil Defence Zone to the Rubble Creek Landslide Hazard Area. A portion of the western boundary was changed to follow the east side of the Highway 99 right-of-way in the area of the Pinecrest and Black Tusk developments, thus removing those properties and several properties to the north from the hazard area designation.
Although permanent residences have been removed from the hazard area, management of informal recreation use remains a concern. A lack of jurisdictional authority and site management has resulted in a situation which could pose risks to the public.
In addition to the primary hazard area described above, the Sub Area has numerous steep slopes as identified on Map 3. These require geotechnical analysis prior to development being located on or near them.
Objective
• Minimize the risks to public and property associated with hazard areas.
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Policies
1. Implement the outstanding primary recommendations of the Garibaldi Civil Defence Zone Land Management Plan, as follows: a. No permanent structures in the Rubble Creek Landslide Hazard Area b. Minimal day use in Rubble Creek Landslide Hazard Area, only where designated and properly managed c. Support provision of extensive on-site signs and other information (e.g., brochures, education programs, Web sites) to inform people about the Rubble Creek Landslide Hazard Area d. Continue SLRD involvement in Rubble Creek Landslide Hazard Area Review Committee and work to develop a management plan and policies 2. Require detailed geotechnical studies prior to development where steep slopes (over 40%) exist. These studies should identify site stability risks, areas that are unsuitable for development, and mitigation measures for hazards that can be mitigated. The development plans shall comply with all of the recommendations of the geotechnical studies.
12.0 Emergency Preparedness
Context
The communities of Black Tusk Village and Pinecrest Estates have their own volunteer fire department, fire hall and fire-fighting equipment. The SLRD is required to have an Emergency Response Program in place by January 1, 2006. With help from the Provincial Emergency Program, the process of developing this program is under way.
The local communities are extremely concerned about emergency preparedness, especially since the British Columbia summer fires of 2003. They have been involved in education and clean-up parties based on Fire Smart guidelines.
Objective • Ensure that appropriate measures are in place for emergency response.
Policies
1. Ensure there are emergency response plans in place for each existing and future community.
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2. Ensure that each community is aware of Fire Smart measures. These are outlined in two brochures: How to make your forest home and property Fire Smart, and The Home Owner’s FireSmart Manual. These are available from the B.C. Ministry of Forests and at the following Web site: http://www.for.gov.bc.ca/protect/safety/ForestHome.htm 3. Implement Fire Smart guidelines using common sense, recognizing that the existing communities desire a balance between retaining the visual character of a rural setting with fire protection objectives. 4. Continue working with other agencies, such as Ministry of Transportation, B. C. Hydro, B. C. Transmission Corporation, and Ministry of Forests on wildfire risk reduction.
Guidelines for Fire Protection
The following are some of the primary Fire Smart guidelines that have been embraced by the existing communities:
• Evaluate each lot on an individual basis to determine the appropriate balance of visual character and fire protection objectives. • Keep firewood, deadfall and debris piles away from structures. • Thin trees and brush in forested areas close to structures, removing dead and highly flammable vegetation as a top priority. • Conduct regular clean-ups in designated areas, removing and disposing of logs, needles, twigs and shrubs that encourage fire to spread on the ground. • Use fire resistant building materials and construction techniques. • Clear vegetation well back from power lines, propane tanks and other fuel supplies.
13.0 Implementation
Context
The Sub Area Plan will be implemented within the context of many other SLRD planning initiatives and projects coordinated by other jurisdictions.
Objective
• Work with other agencies, property owners and community residents in a collaborative way to implement the Sub Area Plan.
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Policies
1. Integrate the Sub Area Plan with the Regional Growth Strategy. 2. Ensure that informal public open houses are held to review all major development proposals prior to the formal public hearing process. 3. Revise the zoning bylaw to remove inconsistencies, modernize the bylaw, and to ensure compatibility with this plan. 4. Establish limits on floor area within the zoning bylaw for the Planned Community designation so that the maximum size of home permitted is consistent with the homes within the existing Black Tusk Village and Pinecrest Estates communities. 5. Back-country tourism lodges with a maximum of 12 guests and 3 staff will require rezoning, but not an amendment of this Plan. Larger lodges will require a Sub Area Plan amendment in addition to rezoning. 6. Implement a Watershed Protection Zone for the Widow (Brew) Creek watershed and consider pursuing a Community Watershed designation. 7. Implement the 40 hectare minimum parcel area for lands designated Resource Management though a zoning amendment. 8. Provide opportunities for early and ongoing consultation with the Squamish and Líl’wat First Nations in conjunction with any applications for amendment to this Plan.
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SCHEDULE A TO BYLAW 913
Schedule A – Whistler Nordic Centre Lands ______Chair
______Secretary (Plan Amendment Bylaw 913, 2005)
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SCHEDULE B TO BYLAW 913
Schedule B Callaghan Valley Development Permit Area #2 Chair
(Plan Amendment Bylaw 913, 2005) Secretary
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(Plan Amendment Bylaw 940, 2005)
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(Plan Amendment Bylaw 940, 2005)
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SCHEDULE A TO BYLAW 946
• Lands to be redesignated from Special Planning Area and Resource Management to Planned Community
(Plan Amendment Bylaw 946, 2005)
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APPENDIX 1 TO BYLAW 946 –CONCEPTUAL SITE PLAN; DEVELOPMENT PERMIT AREAS #3 AND #4 (Plan Amendment Bylaw 946, 2005) DPA #3 includes all site areas shown on this plan as Small Lot Single Family, Townhomes, Duplex, Apartment, Live/Work and Retail/Commercial.
DPA #4 refers to all creeks, streams, Old Growth Areas, wetlands and ponds, important plant communities, fish and wildlife habitat within the site area.
Note: Refer to full scale drawing on file at the SLRD offices for details.
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APPENDIX 2 – PARKS AND TRAILS (Plan Amendment By-law 946)
Note: Refer to full scale drawing on file at the SLRD offices for details.
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APPENDIX 3 TO BYLAW 946– DEVELOPMENT PERMIT AREA #5 (HAZARD LANDS)
Note: Refer to full scaleAP drawingPEN on (Plan Amendment Bylaw 946, 2005) file at the SLRD offices for details.
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APPENDIX 4 TO BYLAW 946 – DEVELOPMENT PERMIT AREA #5 (STEEP SLOPES)
Development Permit Area #5 includes all areas indicated on this plan with slopes greater than 20%.
Note: Refer to full scale drawing on file at the SLRD offices for details. (Plan Amendment By-law 946)
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