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1 Electoral Area Directors Committee Agenda April 10, 2006, 11:00 AM SLRD Boardroom 1350 Aster St., Pemberton BC Item Item of Business and Recommended Action Page Action Info 1 Call to Order 2 Approval of Agenda 3 Minutes 3.1 Minutes of March 14, 2006 For approval as circulated or as corrected. 6 4 Business arising from the Minutes 5 Delegations/Petitions 6 Reports 6.1 Building Department Monthly Report THAT the Building Department monthly report be received Planning Research Clerk - Development Variance Permit # 56 for Patrick and Heather Bradner, Lot 52, Plan 883, DL 164, LLD 20 THAT Development Variance Permit #056 to modify the required setback on the lot as per Section 5.10 of Zoning Bylaw No , from 7.50 m to 3.35 m on Lot 52 Plan 883 DL 164 (1427 Collins Road) be approved and a Development Variance Permit be issued. 6.3 Planning Research Clerk - Development Variance Permit # 57 for Cale Brooke & Jeanna Sali, Lot A, Plan 22732, DL 211, LLD 28 THAT Development Variance Permit #057 to modify the required setback on the lot as per Section 5.10 of Zoning Bylaw No , from 7.50 m to 3.66m on Lot A, Plan DL

2 SLRD Electoral Area Directors April 10, 2006 Committee Agenda Item Item of Business and Recommended Action Page Action Info 211 be approved and a Development Variance Permit be issued 6.4 Community Planner - District of Squamish OCP Bylaw No. 1536, 1998, Amendment Bylaw (Pridham Development Inc./Interfor Mill Site Sub-Area Plan) No. 1925, 2006 and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development Zone No. 40), No. 1926, THAT the District of Squamish be advised that the SLRD is of the opinion that the District of Squamish Official Community Plan No. 1536, 1998 Bylaw No. 1536, 1998, Amendment Bylaw (Pridham Development Inc./Interfor Mill Site Sub-Area Plan) No. 1925, 2006 and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development Zone No. 40), No. 1926, 2006 is consistent with the Regional Growth Strategy Memorandum of Understanding for urban development; 2. THAT the SLRD commend the District of Squamish for its commitment toward sustainable urban growth within the District of Squamish boundaries. 6.5 Manager of Planning and Development - Rezoning (Amendment) Bylaw Jill Giese, Dreamcatcher Meadow, Lot A Plan No. KAP DL 171, LLD THAT the comments from the Agricultural Land Commission and Ministry of Transportation regarding Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No , Amendment Bylaw No be received. 2. THAT Bylaw not be proceeded with based on the comments from the Agricultural Land Commission. 3. THAT a letter be written to the Minister of Agriculture and Lands requesting authority to make "farm bylaws" under s.917 of the Local Government Act to regulate and prohibit horse riding academy, boarding stable and indoor riding arena in the Agriculture zone in Electoral Area C Page 2 of 82

3 SLRD Electoral Area Directors April 10, 2006 Committee Agenda Item Item of Business and Recommended Action Page Action Info 6.6 Manager of Planning and Development - Application for a Temporary Use Permit; proposed Block H, DL 1549, LLD; Electoral Area C; Creekside Resources Inc That the application for a Temporary Use Permit to allow accessory sales related to a concrete batch plant on proposed Block H, DL 1549, Lillooet District that will be engaged in producing concrete and concrete products for the Sea to Sky Highway Improvement Project, be deferred for up to six months to allow for the Electoral Area C OCP process review of future land use designations in the Rutherford Creek area. 2. That the applicants be requested not to remove or alter vegetation in the area between the Highway 99 and railway rights of way prior to a decision on the temporary use permit application; as a temporary use permit, if authorized would have landscape screening requirements attached to reduce the visual impacts of industrial activities. 6.7 Manager of Planning and Development - SLRD Temporary Use Permit Authorization Bylaw # (Backcountry Snowcats Ltd. Reg and Kathy Milne) That the minutes of the public hearing held on March 2, 2006 regarding Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No be received. 2. THAT Bylaw No. 965, cited as Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No , be amended to renumber the Bylaw as Bylaw No THAT Bylaw No. 1007, cited as Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No , be read a third time as amended Page 3 of 82

4 SLRD Electoral Area Directors April 10, 2006 Committee Agenda Item Item of Business and Recommended Action Page Action Info 6.8 Manager of Planning and Development - Notification By-law No THAT Bylaw No be repealed; 2. THAT Bylaw No. 929, cited as Squamish-Lillooet Regional District Notification Bylaw No , be introduced and read a first, second, and third time; 3. THAT Bylaw No. 929 be adopted. 6.9 Manager of Planning and Development - Application for a Development Variance Permit for Signs at Porteau Cove; District Lots 2076 and 4074, Electoral Area D; Pacific Place Developments Corp. on behalf of B.C. LTD., INC.NO That Development Variance Permit #058 to vary the maximum area and height of two real estate signs under section 3.1 (b) and (c) of Sign Bylaw No from: a. 8 m2 maximum area per sign to 26.8 m2 maximum area (with maximum dimensions of 5m (16 feet) width and 5.63m (18 feet) height) per sign, and b. 5m maximum height per sign to 6.6 m maximum height per sign on District Lots 2076 and 4074, NWD be approved and the development variance permit be issued. 2. That prior to issuance of DVP 058, a covenant be registered against the titles to restrict the duration the signs authorized by DVP 058 may be located on the properties to five years from its date of issuance. 3. That the Chair and Administrator be authorized to enter into the covenant to restrict the duration of the sign on the properties. Page 4 of 82

5 SLRD Electoral Area Directors April 10, 2006 Committee Agenda Item Item of Business and Recommended Action Page Action Info 7 Correspondence 7.1 Correspondence Requesting Action Winterfest Committee - Request for Funding Deferred from March EAD meeting Pemberton & District Chamber of Commerce Grant Request for the Pemberton Visitor Centre Deferred from March EAD meeting Correspondence for Information Canadian Radio-television and Telecommunications Commission (CRTC) Correspondence Internet Service to the Bridge River Valley 77 8 Directors Reports 9 Late Items 10 Termination Page 5 of 82

6 SQUAMISH-LILLOOET REGIONAL DISTRICT Minutes of an Electoral Area Directors Committee Meeting of the Squamish-Lillooet Regional District held in the SLRD Boardroom on March 14, 2006 at 11:00 AM. In attendance: Committee: Chair R. Oakley (Area A); Director S. Gimse (Area C); Director J. Turner (Area D); Director M. Macri (Area B) Staff: Other: Administrator P. Edgington; Manager of Planning and Development S. Olmstead; and Recording Secretary S. Cheng 1 delegate and 2 members of the public attended the meeting 1 Call to Order Chair Oakley called the meeting to order at 11: 00 AM. 2 Approval of Agenda 3 Minutes The following additions were made to the Agenda: Service 8.2 Electoral Area Director Benefits 8.3 Canadian National (CN) Crossings 8.4 Canadian National (CN) Cargo 8.5 Community to Community Forum Vancouver 8.6 Community to Community Forum - Lillooet It was moved by Director Turner and seconded by Director Macri: THAT the Agenda be approved as amended. 3.1 Minutes of February 13, 2006 CARRIED Item 8.2 the Memorandum of Understanding was between the Ministry of Transportation and the Seton Chamber of Commerce, not the Squamish-Lillooet Regional District as noted. It was moved by Director Turner and seconded by Director Gimse: Page 6 of 82

7 This is page 2 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, THAT the minutes of the Electoral Area Directors Committee meeting held February 13, 2006 be approved as corrected. 4 Business arising from the Minutes 5 Delegations/Petitions 5.1 Mr. Bernhard Thor Highline Road Correspondence CARRIED Mr. Thor presented a history of the Highline Road with references to original uses and ownership of the road. He spoke on the Memorandum of Understanding between the Ministry of Transportation and the Seton Chamber of Commerce. It was moved by Director Macri and seconded by Director Gimse: THAT it be recommended to the Regional Board: THAT the Board request the Ministry of Community Services to facilitate discussions with Provincial agencies and ministries; Seton Portage Community; and St at imc Community to develop a long term resolution to the Highline Road. CARRIED 6 Reports 6.1 Building Department Monthly Report It was moved by Director Gimse and seconded by Director Turner: THAT the Building Department monthly report be received. CARRIED 6.2 Manager of Planning and Development Rezoning Application for IPP development on Culliton Creek, Electoral Area D (Pamawed Resources Ltd.) David Keiss of Pamawed Resources answered questions concerning the IPP development. It was moved by Director Turner and seconded by Director Gimse: THAT it be recommended to the Regional Board: Page 7 of 82

8 This is page 3 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, THAT the Planning Department report on the Culliton Creek IPP application be received for information. THAT zoning amendment Bylaw No to rezone approximately 1.5 hectares of unsurveyed Crown Land from Resource Use to Industrial I1 be given first reading and referred to agencies for comment THAT the proponents be requested to hold a public Open House in accordance with SLRD procedures. CARRIED Recess and Reconvene The meeting was recessed at 12:10 PM and reconvened at 12:43 PM. 6.3 Treasurer Budget Discussions Building Inspection Services (1400) It was moved by Director Turner and seconded by Director Macri: THAT it be recommended to the Regional Board: THAT the Building Inspection Services budget be approved. CARRIED Walkerville Dyking (Area C only) (2401) It was moved by Director Gimse and seconded by Director Turner: THAT it be recommended to the Regional Board: THAT the Walkerville Dyking budget be approved. CARRIED Whitecap Bear Creek Flood (Area B only ) (2402) It was moved by Director Macri and seconded by Director Gimse: THAT it be recommended to the Regional Board: THAT the Whitecap Bear Creek Flood budget be approved. Page 8 of 82

9 This is page 4 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, Correspondence 7.1 Correspondence Requesting Action Winterfest Committee Request for Funding CARRIED It was moved by Director Gimse and seconded by Director Turner: THAT the request for funding from the Winterfest Committee be deferred to the April EAD meeting. CARRIED Pemberton & District Chamber of Commerce Grant Request for the Pemberton Visitor Centre It was moved by Director Gimse and seconded by Director Turner: THAT the Pemberton & District Chamber of Commerce s grant request be deferred to the April EAD meeting Royal Canadian Legion Branch #66 Request for Fee Waiver CARRIED Director Oakley authorized a Grant-in Aid up to $ from Area A Select Funds to the Royal Canadian Legion Branch #66. Director Macri authorized a Grant-in-Aid up to $ from Area B Select Funds to the Royal Canadian Legion Branch # Correspondence for Information Exploring Economic Development Options & Opportunities for Local Governments Conference It was moved by Director Macri and seconded by Director Turner: THAT it be recommended to the Regional Board: THAT Director Susan Gimse be authorized to attend UBCM s Economic Development Page 9 of 82

10 This is page 5 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, Options & Opportunities for Local Governments Conference, March 30 31, Directors Reports Service CARRIED It was moved by Director Macri and seconded by Director Oakley: THAT it be recommended to the Regional Board: THAT the readings on existing 911 Service Establishment bylaw (No. 942) be rescinded AND THAT a Service Establishment bylaw be prepared for the District of Lillooet, Electoral Areas A & B on the basis of borrowing initial capital costs over 5 years. 8.2 Electoral Area Directors Benefits CARRIED It was moved by Director Turner and seconded by Director Macri: THAT it be recommended to the Regional Board: THAT a Group Benefit Package be made available to Electoral Area Directors on the same basis as provided for Regional District Staff, as in MSP, EHB, Life Insurance. 8.3 Canadian National (CN) Rail Crossing Deferred to Regular Board Meeting 8.4 Canadian National (CN) Rail Cargo CARRIED It was moved by Director Gimse and seconded by Director Turner: THAT it be recommended to the Regional Board: THAT CN Rail be requested to demonstate to the Board and the community, the actions which they have undertaken to: a. reduce the likelihood of train derailments and b. increase their knowledge of and ability to respond in a timely manner to the Page 10 of 82

11 This is page 6 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, hazardous materials they transport in the event of a derailment or spill. 8.5 Community to Community Forum Vancouver CARRIED Director Macri gave a report on the Forum where the topic of service agreements with First Nations was discussed. 8.6 Community to Community Forum Lillooet 9 Late Items Director Macri reported on the Lillooet Forum where a protocol agreement was brought forward. Director Oakley and Mr. Edgington also reported on the meeting. 9.1 Highline Road Correspondence Considered earlier in the meeting. 9.2 BC Rural Summit / BC Rural Network Strengthening Links Between Rural Communities Conference It was moved by Director Macri and seconded by Director Oakley: THAT it be recommended to the Regional Board: THAT Electoral Area Directors be authorized to attend the BC Rural Summit / BC Rural Network conference in Osoyoos, April 20 22, CARRIED 9.3 Budget Review - Community Parks Budget It was moved by Director Gimse and seconded by Director Macri: THAT it be recommended to the Regional Board: THAT the Community Parks Budget be approved. 9.4 Budget Review - Area A, B, C, D, Select Funds CARRIED It was moved by Director Gimse and seconded by Director Macri: Page 11 of 82

12 This is page 7 of the minutes of a meeting of the Squamish-Lillooet Regional District Electoral Area Directors Committee, held on March 14, THAT it be recommended to the Regional Board: THAT the Community Wildfire Protection Plans be funded from General Select Services CARRIED 10 Termination The meeting was adjourned at 2:15 PM. Russ Oakley Chair Paul R. Edgington Administrator Page 12 of 82

13 To: From: Electoral Area Directors Committee Arlene McClean, Building/Planning Clerk Date: April 3, 2006 REPORT Re: Monthly Report for March 2006 Courses/Meetings The Building Inspector did not attend any courses or meetings in March. Non-Building By-law Enforcement There was no non-building by-law action in March. District of Lillooet Building Inspection Update The Building Inspector spent three days in Lillooet in the Month of March. Stop Work Orders There were six Stop Work Orders posted in the month of March. SWO # Construction/Address Date Details Black Tusk Drive, 02/03/2006 Stop Work Order #138 posted for Pinecrest construction of a sundeck without a valid 23/03/2006 building permit Black Tusk Drive, Pinecrest Black Tusk Drive, Pinecrest L:\Building Dept\reports\2006\03 March mf report.doc Registered Letter Sent to Property Owner 16/03/2006 Stop Work Order #139 posted for construction of a deck without a valid building permit Registered Letter Sent to Property Owner 16/03/2006 Stop Work Order #140 posted for construction of a sundeck without a valid building permit Building Permit Application Recieved 141 Lot 10, Ring Creek 30/03/2006 Stop Work Order #141 posted for Excavation of Soil Engineer s Report Requested A Upper Crescent, Britannia Beach Copper Drive, Britannia Beach 30/03/2006 Stop Work Order #142 posted for construction of a deck without a valid building permit 30/03/2006 Stop Work Order #143 posted for bathroom renovation/addition without a valid building permit Page 13 of 82

14 Building Inspectors Report to the Regional Board Page 2 March 2006 Update on Outstanding Stop Work Orders (New details appear in italics) SWO # Construction/Address Date Details Pemberton Portage Road 01/11/2005 Stop Work Order #134 posted for building a pole shed without a valid building permit. This property is currently being subdivided. The Tenant on this portion of the property is constructing the structure without the building permit. 06/02/2006 The month of February has not offered the mandatory 20 day notice time line for the Property Owner to receive the report. A report will be submitted for the March Board Meeting. Notice on Title Recommended. 27/02/2006 The subdivision of this property has been completed. The prospective property owner has been in contact with the SLRD office to begin the process of bringing his structures, currently in contravention of our building by-law, into compliance. We will continue to assist the prospective property owner to ensure all structures receive building permits and inspections. 03/04/2006 The property has recently been sold to the Tenant. The Building Inspector is working with the new owner to bring construction to code and have him apply 136 Highway 99 South End of Museum of Mining for the appropriate permit. 02/02/2006 Stop Work Order #136 posted for billboard sign in contravention of our Sign By-Law 681, /04/2006 Property Owner has requested information on what procedures may be followed in order to keep the sign. Request for Variance is to be submitted. General There were 16 applications received and 13 permits issued in the month of March. attached Statistics report for details. Please see Respectfully submitted, Arlene McClean Building/Planning Clerk L:\Building Dept\reports\2006\03 March mf report.doc Page 14 of 82

15 Building Department Monthly Report Building Statistics Summary For March 2006 Type of Permit No. Permit Value Application Fee Permit Fee Residence 5 $ 1,830, $ $ 18, Mobile/Modular Home Duplex Multi Family Commercial Building Industrial Building Institutional Building Garages/Carports 3 $ 91, $ $ Sheds/Workshops Alt./Add to Dwelling 4 $ 21, $ $ Alt./Add to Commercial Alt./Add to Industrial Alt./Add to Institutional Wood Stoves 1 $ 2, $ $ 5.00 Farm Buildings & Misc. Demolition Permits Retaining Wall Moving Permit -All Bldgs Ex.Fm TOTAL 13 $ 1,945, $ 1, $ 19, Page 15 of 82

16 Permit Totals March-06 Permit Totals to Date Permit Value Permit Fees # Permit Value Permit Fees # 2006 $ 1,945, $ 19, $ 2,201, $ 21, $199, $ $274, $1, $1,272, $13, $2,573, $21, $390, $3, $1,147, $11, $319, $1, $339, $1, $ 1,034, $ 11, $ 1,622, $ 18, $920, $9, $1,621, $17, $672, $7, $1,153, $12, $1,237, $11, $2,022, $19, $2, $ $1,931, $13, $599, $4, $1,592, $11, $443, $3, $783, $5, $215, $1, $580, $3, Page 16 of 82

17 Year to Date Statistics Year to Date Building Statistics - January 1, March 31, 2006 AREA A 2 AREA B 1 AREA C 12 AREA D 9 TOTAL: 24 AREA D 38% Yearly Number of Permits AREA A 8% AREA B 4% AREA C 50% AREA A AREA B AREA C AREA D AREA A $ 28, AREA B $ 20, AREA C $ 1,462, AREA D $ 690, TOTAL: $ 2,201, AREA D 31% AREA A 1% Yearly Permit Values AREA B 1% AREA C 67% AREA A AREA B AREA C AREA D AREA A $ AREA B $ AREA C $13, AREA D $7, TOTAL: $21, AREA A 0% Yearly Permit Fees AREA B 1% AREA C 65% AREA A AREA B AREA C AREA D AREA D 34% Page 17 of 82

18 Monthly Statistics Monthly Building Statistics for March 2006 AREA A 1 AREA B 0 AREA C 6 AREA D 6 TOTAL: 13 AREA D 46% Monthly Number of Permits AREA A 8% AREA B 0% AREA A AREA C 46% AREA B AREA C AREA D AREA A $ 15, AREA B $ - AREA C $ 1,259, AREA D $ 670, TOTAL: $ 1,945, AREA D 34% AREA A 1% Monthly Permit Values AREA B 0% AREA C 65% AREA A AREA B AREA C AREA D AREA A $ AREA B $ - AREA C $ 12, AREA D $ 7, TOTAL: $ 19, AREA D 36% AREA A 0% Monthly Permit Fees AREA B 0% AREA C 64% AREA A AREA B AREA C AREA D Page 18 of 82

19 Building Permit Application Summary Application # Legal Area Construction Date Details DL 1897, Plan 19960, NWD Shaughnessy Heights, Britannia Beachy g D Woodstove 04/01/06 issued W of Westerly Bdry of Rd Shown on Plan H359 Shown on Plan B Pemb. C Garage 05/01/06 plan check Block B, DL 2969, LLD Fountain Valley Road A Repair/Reno 10/01/06 issued Lot A, Plan KAP59825, DL 2411, LLD - Gun Lake A Shed 20/01/06 issued Block 6, Plan 3825, DL 989, LLD - Dog Haven Lane, Upper Squamish Rd. D Storage Container 02/02/06 issued Lot 50, Plan 883, DL 164, LLD Collins Road C woodstove 08/02/06 waiting for woodstove installation Lot 1, Plan KAS 1967, DL 1543, LLD - 1 Walkerville Road C Horse Barn 10/02/06 issued 9046 Pemberton Portage Road, Poole waiting for engineer signoff Creek C Carport 10/02/06 Lot 3, DL1546, Plan KAP80177, LLD 9046 Pemberton Portage Road, Poole Creek C outbuilding 10/02/06 issued Lot B, Plan KAP79311, DL 1543, LLD Pemberton Portage Road, Walkerville C SFD 13/02/06 plan check Lot 25, Plan 33675, DL 2679, LLD Reid Road, Ivey Lake C Demolition 15/02/06 issued Lot 42, Plan BCP20004, DL 891 & 1897, NWD - Britannia Beach D Single Family Dwelling 15/02/06 zone check DL 1897, Plan 19960, NWD Rainbow Lane, Britannia Beach D Deck 23/02/06 awaiting information Lot 41, Plan VR1290, DL 4102, NWD - 41 Garibaldi Drive, Black Tusk Village D Garage 24/02/06 zone check Lot 53, Plan 883, DL 164/165, LLD Collins Road C SFD 24/02/06 zone check Lot 66, Plan VR1290, DL 4102, NWD - 66 Garibaldi Drive, Black Tusk Viilage D Renovation to SFD 24/02/06 plan check Lot 4, Block B, Plan 2047, DL 100, LLD Tyee Place, D'Arcy C Lot 7, Block 3, Plan LMP 11960, DL 1296, Renovation to Wood Shop 01/03/06 waiting for DVP NWD - Eagles Nest, Furry Creek D SFD 01/03/06 issued Lot 10, DL 1897, Plan BCP20004, NWD Shaughnessy Hts. Britannia Beach D Re-Route DWV 02/03/06 issued Lot 84, DL 1897, Place BCP20004, NWD - 13A Britannia Cres., Britannia Beach D Renovation 02/03/06 issued Lot 117, DL 1897, Gr 1, Plan BCP20004, NWD - Britannia Beach D SFD 06/03/06 waiting for information Lot 3, Plan 34671, DL 553, LLD Pemberton Portage Road C Mobile Home Addition 14/03/06 issued Lot 15, DL188, Plan 1477, LLD Guthrie Road C Deck Addition 16/03/06 issued DL 1599, LLD Spider Creek Road, Seton Portage B Addition 16/03/06 plan check Lot 25, Plan 33675, DL 2679, LLD Reid Road, Ivey Lake C SFD 15/03/06 zone check Lot 71, DL 2668 & 5589, Plan VR559, NWD - 71 Black Tusk Drive, Pinecrest D Deck Addition 27/03/06 plan check Lot 117, DL 1897, Gr 1, Plan BCP20004, NWD - Britannia Beach D Garage 27/03/06 waiting for information Lot 143, DL 1897, Gr1, Plan BCP20031, NWD - Britannia Beach D SFD 27/03/06 plan check Lot A, Plan 29546, DL 516 & 1249, LLD Pemberton Portage Rd. C Porch & Deck Addition 30/03/06 zone check Lot A, Plan KAP65488, DL 4940, LLD - Lillooet-Lytton Hwy. B Workshop 30/03/06 zone check Lot 33, Plan 24455, DL 2201, LLD Devine Street C Sundeck 30/03/06 plan check Lot 25, Plan 33675, DL 2679, LLD Reid Road, Ivey Lake C Garage with Suite 30/03/06 zone check Page 19 of 82

20 To: Electoral Area Directors Committee From: Kevin Creery, Planning Research Clerk REPORT Date: March 30, 2006 Re: Development Variance Permit # 56 for Patrick and Heather Bradner, Lot 52, Plan 883, DL 164, LLD Recommendation: THAT it be recommended to the Regional Board: THAT Development Variance Permit #056 to modify the required setback on the lot as per Section 5.10 of Zoning Bylaw No , from 7.50 m to 3.35 m on Lot 52 Plan 883 DL 164 (1427 Collins Road) be approved and a Development Variance Permit be issued. Administrator s Comments: No Comment. PRE Purpose: To reduce the setback requirement from the side parcel line for a carport from a minimum of 7.50 m to 3.35 m to allow for the already constructed carport. Background: The applicant has built a carport without a building permit on the subject property. The lot is zoned (AGR PF ) under Zoning Bylaw for Electoral Area C. The applicant has indicated that the previous zoning for the property: SLRD Zoning Bylaw 29 allowed a setback of 10 feet (3.05m). The principal residence was built to this setback and part of the applicants original plan was to build the carport in the proposed location using the original setback of Bylaw 29. The applicant also uses the carport as a crushing pad for his winemaking operations. The applicant runs a vineyard and B&B and has indicated it would be hardship to relocate the garage on his property. Adjacent Neighbours Comments: Adjacent neighbours were mailed notification letters describing the variance application on January 11, Planning staff has received four letters of support and two letters not supporting the Development Variance Permit (DVP) from neighbours regarding this application. The letters of support did not find the DVP to be an unreasonable request and they had no Page 20 of 82 1

21 objections of the sideyard setback variance. It should be noted that the neighbour directly affected by the carport has no objections to this DVP. The comments from the letters not supporting the DVP are listed below: Appendix A is completely false and deceiving. There are a number of outbuildings on the property built too close to the side and rear property lines creating an eyesore for the adjoining property owners including the non-conforming building that also sits too close to the rear property line by 9 feet and was supposed to be removed under the building permit conditions when the main house was built. The carport has already been built and should be moved and not given a variance along with the other miscellaneous buildings he has constructed on or too close to property lines. In conclusion, as a professional Realtor Mr. Bradner should know the legal processes and the required legal setback. This structure is already built. I recommend that Mr. Bradner should be compelled to move the carport back from the fence line to the legal setback (this is not a hardship as an open structure such as this, on simple footings is easy to move back). Planning Department Comments: The Planning Department recommends that the Development Variance Permit be issued as the neighbour directly affected by the carport has no objections to the variance in the sideyard setback. Respectfully submitted, Kevin Creery Planning Research Clerk -Appendix A -Appendix B -Figures 1-3 Page 21 of 82 2

22 SQUAMISH-LILLOOET REGIONAL DISTRICT Development Variance Permit # 56 File No Issued to: Patrick and Heather Bradner (Registered owners according to Land Title Office, hereinafter referred to as the Permittee) Address: PO Box 817 Pemberton, BC V0N 2L0 1) This Development Variance Permit is issued subject to compliance with all of the By-laws of the Squamish-Lillooet Regional District applicable thereto, except as specifically varied or supplemented by this permit. 2) This Development Variance Permit applies to and only to those lands within the Squamish-Lillooet Regional District described below: Parcel Identifier: Legal Description: Lot 52, Plan 883, DL 164, LLD Civic Address: 1427 Collins Road 3) The minimum setback of an accessory building in the Agriculture Pemberton Fringe sub zone (AGR PF ), referred to in Section 5.10 of Bylaw is varied as follows: Decrease the setback provision of a shed from the rear parcel line that is adjacent to Crown Land from 7.50 m to 3.35 m, only to allow for the location of a carport/crushing pad as identified on the site plan shown on Appendix A which is attached to and forms a part of this permit. 4) The following conditions and requirements are imposed: None 5) This Permit shall not have the effect of varying the use or density of the Land specified in Zoning By-law No , or a flood plain specification under s. 910 of the Local Government Act. 6) This Permit prevails over the provisions of the By-law in the event of conflict. 7) Security Requirements: No Page 22 of 82 3

23 8) The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this permit and any plans and specifications attached to this permit shall form a part hereof. 9) This permit is not a building permit. 10) Notice of this Permit shall be filed in the Land Title Office at Kamloops under Section 927 of the Local Government Act, and upon such filing, the terms of this Permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by the Permit. AUTHORIZED BY RESOLUTION PASSED BY THE REGIONAL BOARD THE DAY OF, Chair Administrator END OF DOCUMENT Page 23 of 82 4

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28 To: Electoral Area Directors Committee From: Kevin Creery REPORT Date: March 30, 2006 Re: Development Variance Permit # 57 for Cale Brooke & Jeanna Sali, Lot A, Plan 22732, DL 211, LLD, Electoral Area C Recommendation: THAT it be recommended to the Regional Board: THAT Development Variance Permit #057 to modify the required setback on the lot as per Section 5.10 of Zoning Bylaw No , from 7.50 m to 3.66m on Lot A, Plan DL 211 be approved and a Development Variance Permit be issued. Administrator s Comments: No comment. PRE Purpose: To reduce the setback requirement from the side parcel line for a carport from a minimum of 7.50 m to 3.66 m to allow for a garage. Background: The Regional District has received an application for a Development Variance Permit with respect to Cale Brooke and Jeanna Salis property located at 1716 Highway 99, Pemberton. The Development Variance Permit in question would decrease the setback requirement in Section 5.10 of Bylaw , as follows: The setback is reduced from 7.50 m to 3.66 m to allow for a garage. The applicant has indicated that compliance with Bylaw 765 would require him to construct a driveway to a legally conforming site in the middle of his backyard which would be a much less preferable alternative to this proposal which requires a variance. The neighbours will not see the new building and the proposed site will not impact the neighbours view of Mt. Currie. The area proposed allows the best use of the site and it will be the easiest to access and maintain security. Page 28 of 82 1

29 The Development Variance Permit has been referred to the AAC, as well as, adjacent neighbours who are located within 50 metres of the boundary of the property under application. Their respective comments are below. Adjacent Neighbours Comments: Adjacent neighbours were mailed notification letters describing the variance application on February 5, SLRD Planning staff has received no comments from neighbours regarding this application. Agricultural Advisory Committee Comments: That the AAC has no objections to the request for a development variance permit to reduce the side-yard setback from 7.5 m to 3.66 m to allow for a garage on Lot A, Plan 22732, DL 211, LLD. Respectfully submitted, Kevin Creery Planning Research Clerk Attachments: DVP 57 Applicants comments Page 29 of 82 2

30 SQUAMISH-LILLOOET REGIONAL DISTRICT Development Variance Permit # 57 File No Issued to: Cale Brooke & Jeanna Sali (Registered owners according to Land Title Office, hereinafter referred to as the Permittee) Address: PO Box 963 Pemberton, BC V0N 2L0 1) This Development Variance Permit is issued subject to compliance with all of the By-laws of the Squamish-Lillooet Regional District applicable thereto, except as specifically varied or supplemented by this permit. 2) This Development Variance Permit applies to and only to those lands within the Squamish-Lillooet Regional District described below: Parcel Identifier: Legal Description: Lot A, Plan 22732, District Lot 211, Lillooet Land District Civic Address: 1716 Highway 99 3) The minimum setback of an accessory building in the Agriculture Pemberton Fringe sub zone (AGR PF ), referred to in Section 5.10 of Bylaw is varied as follows: The setback is reduced from 7.50 m to 3.66 m to allow for a garage as identified on the site plan shown on Appendix A which is attached to and forms a part of this permit. 4) The following conditions and requirements are imposed: None 5) This Permit shall not have the effect of varying the use or density of the Land specified in Zoning By-law No , or a flood plain specification under s. 910 of the Local Government Act. 6) This Permit prevails over the provisions of the By-law in the event of conflict. 7) Security Requirements: No 8) The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this permit and any plans and specifications Page 30 of 82 3

31 attached to this permit shall form a part hereof. 9) This permit is not a building permit. 10) Notice of this Permit shall be filed in the Land Title Office at Kamloops under Section 927 of the Local Government Act, and upon such filing, the terms of this Permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by the Permit. AUTHORIZED BY RESOLUTION PASSED BY THE REGIONAL BOARD THE DAY OF, Chair Administrator END OF DOCUMENT Page 31 of 82 4

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34 To: Electoral Area Directors Committee From: Lisa Griffith, Community Planner REPORT Date: March 29, 2006 Re: District of Squamish OCP Bylaw No. 1536, 1998, Amendment Bylaw (Pridham Development Inc./Interfor Mill Site Sub-Area Plan) No. 1925, 2006 and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development Zone No. 40), No. 1926, 2006 Recommendation: That it be recommended to the Regional Board: THAT the District of Squamish be advised that the SLRD is of the opinion that the District of Squamish Official Community Plan No. 1536, 1998 Bylaw No. 1536, 1998, Amendment Bylaw (Pridham Development Inc./Interfor Mill Site Sub-Area Plan) No. 1925, 2006 and District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development Zone No. 40), No. 1926, 2006 is consistent with the Regional Growth Strategy Memorandum of Understanding for urban development; THAT the SLRD commend the District of Squamish for its commitment toward sustainable urban growth within the District of Squamish boundaries. Administrator s Recommendation: I concur with the recommendation. PRE Voting Rules Who Votes: All; Count: Directors; Decision: Majority Purpose: Pursuant to s. 882 of the Local Government Act, the District of Squamish is providing an opportunity for SLRD comment on proposed amendments to the District of Squamish OCP. Background: The proposed amendments are for a neighbourhood sub area plan that would facilitate the development of a master-planned, multi-family residential neighbourhood referred to as Waterfront Landing, on the site formerly occupied by Interfor. The subject site is approx 53 acres and is located immediately east of the Mamquam Blind Channel and west of Highway 99 (location map attached). The proposed residential development will be phased over several Page 34 of 82 1

35 years, based on housing demand and market forces. At build-out, the neighbourhood will consist of some 1.4 million residential square feet and will house approximately 3,500 new downtown residents. The applicant anticipates a mix of: low density ground oriented townhouses low/medium density stacked townhouses medium density low-rise apartments medium/high density mid-rise apartments high density high-rise apartments The integration of publicly accessible and recreational spaces in the neighbourhood design is a key factor in enhancing the liveability of the residential neighbourhood. An extensive trails network has been incorporated into the plan, allowing public access to the waterfront for both pedestrians and cyclists, and a 4 acre public park is planned for the northwest portion of the site. A neighbourhood amenity area, containing a restaurant and a neighbourhood recreation center will form the heart of the development to foster social interaction and neighbourhood activities. Two open houses and key stakeholder contact solicited input on the residential concept and the proposal has been generally well-received. A future public information meeting is planned. Squamish Nation has also been consulted during the planning process. Planning Department Comments The SLRD does not provide any infrastructure services to the site and the location of the property is not adjacent to or in close proximity to properties in Electoral Area D. The Regional Board s key interest with this proposal is to affirm its consistency with the principles contained in the recently endorsed RGS Memorandum of Understanding. The preparation of the plan appears to be carefully undertaken within the overall planning context of the existing District of Squamish OCP and anticipated changes contained in the pending updated OCP. As part of process of the 2005 OCP Update, the District Council endorsed the principles of Smart Growth. The sub-area plan (not attached, but available for review by contacting staff) explicitly demonstrates how the proposed residential development on the subject property endeavours to reflect the District s commitment to: 1. Build complete, compact communities that avoid sprawl; 2. Create walkable communities; 3. Promote development patterns that encourage the use of sustainable transportation; 4. Foster distinct, attractive, vibrant communities with a strong sense of place; 5. Protect and preserve green spaces and environmentally sensitive areas; 6. Ensure the integrity of a secure and productive working land base; 7. Provide a range of affordable housing options; 8. Promote energy efficient infrastructure and alternative development standards; 9. Strengthen and direct development towards existing communities; 10. Ensure an early and ongoing role for the community The proposal convincingly illustrates Smart Growth planning principles in the formulation of the sub-area plan, and therefore the proposal is consistent with the RGS MOU. As such, the SLRD Page 35 of 82 2

36 has no objections to the proposal, and applauds it as a fine model of sustainable urban growth within the District of Squamish. Respectfully submitted, Lisa Griffith Community Planner Attachments: -letter and attachments from District of Squamish, dated March 10, 2006 Page 36 of 82 3

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43 To: Electoral Area Directors Committee From: Steven Olmstead, Manager of Planning and Development REPORT Date: March 21, 2006 Re: Rezoning (Amendment) Bylaw Jill Giese, Dreamcatcher Meadow, Lot A Plan No. KAP DL 171, LLD Recommendation: That it be recommended to the Regional Board: 1. THAT the comments from the Agricultural Land Commission and Ministry of Transportation regarding Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No , Amendment Bylaw No be received. 2. THAT Bylaw not be proceeded with based on the comments from the Agricultural Land Commission. 3. THAT a letter be written to the Minister of Agriculture and Lands requesting authority to make "farm bylaws" under s.917 of the Local Government Act to regulate and prohibit horse riding academy, boarding stable and indoor riding arena in the Agriculture zone in Electoral Area C. Administrator s Recommendation: I concur. PRE Voting Rules Who Votes: All; Count: Directors; Decision: Majority Purpose: To inform the EAD and Board of the agency comments regarding a rezoning application to allow for an indoor riding arena, for a site located in the Agriculture Zone (AGR) in Electoral Area C and within the Agricultural Land Reserve (ALR). Background: Early in 2005, the applicant applied for a rezoning on the subject property in the Pemberton Meadows for a horse riding academy, tourist accommodation, and riding arena. Due to the concerns from the Agricultural Advisory Committee and members of the public about the tourist accommodation aspect, the applicant withdrew the application and Page 43 of 82 1

44 significantly modified her plans. Presently, this application is for an indoor horse riding arena. Agency Referral Responses: On January 31, 2006 a referral package was sent to the Agricultural Land Commission (ALC), Vancouver Coastal Health Authority, and the Ministries of Transportation, Environment and Community Services. The Ministry of Transportation replied on February 13 th that its interests were unaffected by Bylaw 935. No responses were received from Vancouver Coastal Health Authority or the Ministry of Community Services. A copy of the reply from the ALC is attached. The Land Commission has indicated that because horse riding, training and boarding is a designated farm use for the purposes of the Agricultural Land Commission Act, SLRD Zoning Amendment Bylaw 935 must be approved. Planning Department Comments: Planning staff sought advice from the regional district solicitor on this matter, as there have been previous rezonings and variances concerning riding areas over the past few years. The solicitor has confirmed that Bylaw 935 is unnecessary. Under s.2(2)(h) of B.C. Reg. 171/2002, which appears to have come into force (November 1, 2002) just a few weeks before Bylaw 765 was given first reading, "farm use" under the Agricultural Land Commission Act includes "horse riding, training and boarding, including a facility for horse riding, training and boarding, if the stables do not have more than 40 permanent stalls and the facility does not include" a provincially licensed racetrack. Section 3(3) of the Regulation says that any activity designated as farm use includes the construction of a building necessary for that farm use. The "farm use" that is allowed in the AGR zone by s.6.1(1)(a) of Bylaw 765 is defined to include an occupation or use of land for husbandry of land, plants and animals and any other similar activity designated as farm use by regulation. Thus the uses permitted by Bylaw 935 (horse riding academy, boarding stable to a maximum of 40 stalls and indoor riding arena) are already permitted on the land in question and s.6.4 of the zoning bylaw may be redundant. Apart from this definition of "farm use", the solicitor noted that under s.46(4) of the Agricultural Land Commission Act a local government bylaw that is inconsistent with B.C. Reg. 171/2002 is of no force or effect to the extent of the inconsistency. This would apply to Bylaw 765 to the extent that it does not permit, on ALR land, the uses listed in ss.2(2) and (3) of the Regulation. The SLRD needs to seek the approval of the minister if it wishes to continue to regulate farm uses such as riding arenas on ALR land in Electoral Area C. Because staff believe there is concern within the farming community that some areas within the ALR are not appropriate for the location of riding arenas as outright uses, staff recommend that the Squamish - Lillooet Regional District consider submitting a written request to the Minister Page 44 of 82 2

45 of Agriculture and Lands to be given the powers to make "farm bylaws" under s.917 of the Local Government Act in order to be able to prohibit these uses. Advice should be sought from the Agricultural Advisory Committee on which parts of Area C should be considered, if any at all, for authority to regulate/prohibit riding arenas and associated facilities. Respectfully submitted, Steven Olmstead Manager of Planning and Development Page 45 of 82 3

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48 SQUAMISH-LILLOOET REGIONAL DISTRICT BYLAW NO A bylaw of the Squamish-Lillooet Regional District to amend Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No The Board of Directors of the Squamish-Lillooet Regional District, in open meeting assembled, enacts as follows: 1. This by-law may be cited for all purposes as the Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No , Amendment Bylaw No ". 2. The Squamish-Lillooet Regional District Electoral Area C Zoning Bylaw No , is amended by inserting, immediately following Section 6.4 (4), the following: (5) In addition to uses permitted in section 6.1, horse riding academy, boarding stable to a maximum of 40 stalls and indoor riding arena is permitted on Lot A, Plan KAP 49625, DL 171, LLD. READ A FIRST TIME this 30th day of January, READ A SECOND TIME this day of, A PUBLIC HEARING WAS HELD, PURSUANT TO SECTION 890 OF THE LOCAL GOVERNMENT ACT, ON THE day of, READ A THIRD TIME this day of, ADOPTED this day of,2006. John D. Turner Chair Paul R. Edgington Secretary Page 48 of 82 6

49 To: Electoral Area Directors Committee From: Steven Olmstead, Manager of Planning and Development REPORT Date: March 28, 2006 Re: Application for a Temporary Use Permit; proposed Block H, DL 1549, LLD; Electoral Area C; Creekside Resources Inc. Recommendation: THAT it be recommended to the Regional Board: 1. That the application for a Temporary Use Permit to allow accessory sales related to a concrete batch plant on proposed Block H, DL 1549, Lillooet District that will be engaged in producing concrete and concrete products for the Sea to Sky Highway Improvement Project, be deferred for up to six months to allow for the Electoral Area C OCP process review of future land use designations in the Rutherford Creek area. 2. That the applicants be requested not to remove or alter vegetation in the area between the Highway 99 and railway rights of way prior to a decision on the temporary use permit application; as a temporary use permit, if authorized would have landscape screening requirements attached to reduce the visual impacts of industrial activities. Administrator s Recommendation: I concur with the recommendation. The issue of taxable values, especially as related to industrial activity, may warrant a presentation from BC Assessment Authority to clarify what extent structures are taxable. PRE Voting Rules: Who Votes: All; Count: Directors; Decision: Majority Purpose: To inform the Electoral Area Directors Committee and Regional Board of an Application for a Temporary Use Permit, by Creekside Resources Inc., to allow a concrete batch plant and aggregate extraction and production for the manufacturing of barriers and deck panels for the Sea to Sky Highway Improvement Project. Page 49 of 82

50 - 2 - Background: Proposed Use Creekside Resources Inc (Mount Currie Indian Band Development Corporation) has applied for a temporary industrial use permit to authorize the applicants to pursue third party business opportunities and activities in conjunction with a concrete products facility being established at the former MoT Rutherford pit to supply concrete barriers and deck panels to the Sea to Sky highway project. The applicants intend to seek rezoning in the future to permit long term use of the site for concrete production. Site Context The subject property is the site of a former Ministry of Transportation gravel pit. More recently it has been used as a temporary industrial site in conjunction with the construction of the Rutherford Creek Power project. Other industrial uses in the general vicinity of the site include the Rutherford Creek Power plant, the SLRD waste transfer facility, and the Durfeld log home operation. Present Zoning and Land Use Regulation Zoning Bylaw 765 regulates land use in Electoral Area C and zones Block H, DL 1549 as RR1 RM (Rural 1 Resource Management subzone). In addition to the uses generally permitted in the Rural 1 zone, the Resource Management subzone permits, among other uses, extraction of raw materials from the land, including crushing and screening activities, but excluding any further processing activities. Rezoning or a temporary use permit is therefore required to permit a concrete plant. Planning staff have been told that the applicants intend to seek rezoning in the future. A temporary use permit can authorize a concrete plant for up to four years (two year permit with a renewal). After four years, the operator/applicant could apply for a new temporary permit to allow continued operation for a further period of up to four years. Temporary permits could, in theory, be re-issued and renewed indefinitely in this manner. The subject property is presently Crown land which is intended to be transferred to the Lil wat Nation as part of a larger land transfer agreement. Special rules apply to local land use regulation of Crown land. Section 14 of the Interpretation Act states: (1) Unless it specifically provides otherwise, an enactment is binding on the government. (2) Despite subsection (1), an enactment that would bind or affect the government in the use or development of land, or in the planning, construction, alteration, servicing, maintenance or use of improvements, as defined in the Assessment Act, does not bind or affect the government. It is well established that contractors working on behalf of the Crown on projects like the Sea to Sky highway project are afforded immunity from local land use regulation under section 14(2). The applicants have thus been informed by SLRD Planning staff that land Page 50 of 82

51 - 3 - use authorization from the SLRD is not required for the concrete facility if it is solely used in conjunction with the highway project. The requirement for rezoning or a temporary use permit has been triggered by the applicants intent to use the concrete facility for general business purposes in addition to the use in conjunction with the highway project. Implications: General: Organizational: Financial/Legal: Board Policy: Strategic Plan: Opposition to rezoning to accommodate industrial use in the Rutherford Creek area was at least a partial reason for a Village of Pemberton boundary expansion application, as the Village opposed further industrial development. Consideration of this application at this time (in advance of the OCP review) may once again raise the issue of boundaries and who controls or should control land use decisions at Rutherford. none The Village of Pemberton has indicated in the past that accommodating industrial uses outside the Pemberton Industrial Park has negative financial implications on the Village tax base. While two industrial rezonings have been approved in the past five years or so, the Rutherford Creek area has not been designated as an Industrial area in the Electoral Area C Official Community Plan. The Area C OCP review needs to address this issue. The RGS MOU states with respect to economic development that: The Parties will be supportive of opportunities to foster economic development throughout the regional district where social, economic, environmental, and community values are addressed in a balanced and sustainable manner. Staff believe there needs to be a discussion amongst stakeholders, preferably in the context of the Area C OCP review, about how to balance the various interests and values around potential further industrial development in the Rutherford Creek area. Planning Department Comments and Recommendation: There appears to be a significant business opportunity in conjunction with the Sea to Sky Highway upgrade that can proceed without consideration by the SLRD of a temporary use permit or rezoning. Staff believe that before authorization is given for expanding the scope of the concrete operation, there should be discussion in the context of the Area C OCP review and hopefully a consensus reached on the future land use for the Rutherford Creek Page 51 of 82

52 - 4 - area. The Planning Department recommends deferral of this application for up to six months to allow those discussions to take place. As a further comment, the site is a visually high profile site located adjacent to Highway 99. The yard layout submitted with the application identifies the portion of the property between the rail right of way and Highway 99 as a area to be cleared for storage and access and egress to the highway. This area presently is treed and forms an effective visual screen from the highway. The Planning Department recommends that the applicants be advised not to remove vegetation from this area until discussions take place regarding future use, as any future industrial zoning, if adopted would have landscape screening requirements attached to reduce the visual impacts of industrial activities. Respectfully submitted, Steven Olmstead Manager of Planning and Development Page 52 of 82

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57 To: Electoral Area Directors Committee REPORT From: Date: Re: Steven Olmstead, Manager of Planning and Development March 31, 2006 SLRD Temporary Use Permit Authorization Bylaw # (Backcountry Snowcats Ltd. Reg and Kathy Milne) Recommendation: That it be recommended to the Regional Board: 1. That the minutes of the public hearing held on March 2, 2006 regarding Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No be received. 2. THAT Bylaw No. 965, cited as Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No , be amended to renumber the Bylaw as Bylaw No THAT Bylaw No. 1007, cited as Squamish-Lillooet Regional District Temporary Use Permit Authorization Bylaw No , be read a third time as amended Administrator s Recommendation: I concur. PRE Voting Rules Who Votes: All; Count: Directors; Decision: Majority Background: Backcountry Snowcats Ltd is applying for two-year temporary use permit (TUP) for accommodation and helicopter staging facilities, at a base camp east of Grouty Peak. The public hearing for Temporary Commercial Use Permit Authorization Bylaw No was held on March 2 nd in Gold Bridge. No objections to the application were raised at the hearing In preparing this report, staff discovered that two bylaws had inadvertently been assigned the same number. Security issuing bylaw 965 was adopted last November. Therefore this temporary use permit bylaw needs to be amended to assign a new number (Bylaw 1007) to avoid future confusion. Page 57 of 82

58 Planning Department Recommendation: Staff recommend giving third reading to Bylaw After third reading the Local Government Act requires that a temporary permit issued by bylaw be approved by the minister. Upon receiving ministerial approval, the bylaw will be returned to the Board for adoption. Respectfully submitted, Steven Olmstead Manager of Planning and Development Page 58 of 82

59 SQUAMISH-LILLOOET REGIONAL DISTRICT BYLAW NO A bylaw to authorize the issuance of a Temporary Commercial Use Permit. WHEREAS, pursuant to Section 921 of the Local Government Act, local government may by bylaw issue a Temporary Commercial Use Permit. AND WHEREAS the Board of the Squamish-Lillooet Regional District deems it advisable to issue a Temporary Commercial Use Permit. NOW THEREFORE, the Regional Board of the Squamish-Lillooet Regional District, in open meeting assembled, enacts as follows: 1. This bylaw may be cited for all purposes as the "Squamish-Lillooet Regional District Temporary Commercial Use Permit Authorization Bylaw No This permit is issued to: Reg and Kathy Milne Backcountry Snowcats Ltd Emerald Place Whistler, BC V0M 1B9 For authorized use by: Backcountry Snowcats Ltd Emerald Place Whistler, BC V0M 1B9 3. This Temporary Use Permit is issued subject to compliance with all of the Bylaws of the Squamish - Lillooet Regional District applicable thereto, except those specifically varied or supplemented by this Permit. 4. This Temporary Use Permit applies to those "lands" within the Squamish - Lillooet Regional District described below and any and all buildings, structures and other development thereon: (a) Two acre square parcel at the approximate location of Hope Creek Forest Service Road (FSR), approximately 10km south of Hurley River FSR junction (east side of Grouty Mountain, as shown on the map attached hereto as Appendix "A ). 5. In addition to the existing provisions of Squamish-Lillooet Regional District Zoning Bylaw No (or any bylaw replacing Bylaw No ) the following uses are permitted: Page 59 of 82

60 (a) (b) (c) staging area for commercial helicopter operations including helicopter landing area and parking; up to two tourist accommodation trailers with a maximum capacity of 24 campers; bulk fuel storage for snowcats. 6. Uses permitted under section 5(a) of this permit shall be subject to the following conditions: (a) (b) The staging area shall only be used during the helicopter skiing operating season, November to March; The model of helicopter used from this staging area shall only be an A-star, or similar medium-sized (5 passenger or less) model. 8. As a condition of the issuance of this Temporary Commercial Use Permit, the Regional District is holding security set out below to ensure that development is carried out in accordance with the terms and conditions of this Permit. Should any interest be earned upon the security, it shall accrue to the Permittee and be paid to the Permittee if the security is returned. The condition of posting of the security is that should the Permittee fail to carry out development hereby authorized according to the terms and conditions of this Temporary Commercial Use Permit, the Regional District may use the security to carry out the development permitted by this Temporary Commercial Use Permit. There is filed accordingly: a) An Irrevocable Letter of Credit in the amount of $10, The land described herein shall be developed in strict accordance with the terms and conditions and provisions of this Temporary Commercial Use Permit. 10. This Temporary Use Permit expires on, Any application to amend this Temporary Commercial Use Permit shall be considered a new application. 12. This Temporary Commercial Use Permit is not a building permit. Page 60 of 82

61 READ A FIRST TIME this 30 th day of January, READ A SECOND TIME this 30 th day of January, A PUBLIC HEARING WAS HELD, PURSUANT TO SECTION 890 OF THE LOCAL GOVERNMENT ACT, ON THE 2 nd day of March, READ A THIRD TIME as amended this day of, APPROVED BY THE MINISTER OF COMMUNITY SERVICES this day of, APPROVAL NO. ADOPTED this day of, John Turner Chair P.R. Edgington Administrator I hereby certify the foregoing to be a true and correct copy of "Squamish-Lillooet Regional District Temporary Commercial Use Bylaw No ". P.R. Edgington Administrator Page 61 of 82

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63 To: Electoral Area Directors Committee From: Steven Olmstead, Manager of Planning and Development REPORT Date: March 30, 2006 Re: Notification By-law No Recommendation: THAT Bylaw No be repealed; THAT Bylaw No. 929, cited as Squamish-Lillooet Regional District Notification Bylaw No , be introduced and read a first, second, and third time; THAT Bylaw No. 929 be adopted. Voting Rules Who Votes: All; Count: Directors; Decision: Majority; 2/3 for adoption Administrator s Comments: I concur with the recommendation. PRE Purpose: The purpose of the bylaw is twofold: to bring forward a new bylaw to formalize existing staff practices for notification of public hearings, temporary use permits, and development permits; and to provide on-site signage for specified land use development applications. Background: SLRD Bylaw 46, adopted in 1973, provides direction for the mailing of notices for public hearings on rezoning and land use contracts. In recent years, the SLRD has considered development variance permits and temporary use permits, without a proper neighbour notification procedure. Section 892 (4) (b) of the Local Government Act specifies requirements for the mailing of notices for public hearings or board resolutions on all forms of bylaws, including community plans, zoning bylaws, and temporary use permits. Section 922 (6) specifies requirements for Page 63 of 82 1

64 adjacent neighbour notification of development variance permits. Both of these sections refer to a distance for notification specified in a local bylaw. Bylaw 46 does not indicate a distance for notification of development variance or temporary use permits. Bylaw 929 has incorporated these pieces of legislation. On-site signage for development application ensures that residents are notified sufficiently of local development activity. The attached draft bylaw for mandatory signage will apply to all types of land use applications except development variance permits (which will continue to require mail notification and adjacent neighbours comments). At the discretion of the Manager of Planning and Development, some applications may be exempt for signage if there is for example, perceived hardship in putting the sign on the site, very remote locations, or other reasons. Planning Department Comments: Staff recommends that this bylaw be adopted, as it will provide much-needed clarification on appropriate methods of adjacent neighbour and public notification. In addition, a clear sign adds support to the public participation process. Respectfully submitted, Steven Olmstead Manager of Planning and Development Page 64 of 82 2

65 SQUAMISH-LILLOOET REGIONAL DISTRICT NOTIFICATION BY-LAW NO The Regional Board of the Squamish-Lillooet Regional District in open meeting assembled, enacts as follows: 1. This by-law may be cited as "Squamish-Lillooet Regional District Notification Bylaw No ". 2. Notices of public hearing, waiving of public hearing, consideration of issuance of temporary use permit, where the bylaw or permit alters the use or density of an area, shall be made to the owners and tenants in occupation of all parcel(s), which: a) are the subject of the bylaw or permit; b) are within 150 metres of the boundary of a parcel under application. 3. Notices of consideration of development variance permit, shall be made to the owners, and tenants in occupation of all parcel(s), which: a) are the subject of the permit; b) are within 50 metres of the boundary of a parcel under application. 4. Notification signs shall be erected on the parcel or parcels under application for all notices in Section A notification sign shall: a) be erected on the parcel under application in a clearly visible location from the fronting road or right-of-way; b) have a layout substantially in the form illustrated by Schedule A which is attached to and form part of this bylaw; c) have a minimum printed area of 11 x 17 ; d) must be placed within 10 days of the application being first considered by the Regional Board or one of its committees and shall not be removed until the Regional Board passes a final resolution regarding the application. 6. Where deemed appropriate the Manager of Planning and Development may exempt a development application from the sign requirement in Section 2. Page 65 of 82

66 7. A sign described in the above Section 4 that is removed by any person shall not render the development application notification procedures null. 8. The Squamish-Lillooet Regional District Bylaw No and its amendments are hereby repealed. READ A FIRST TIME this day of, READ A SECOND TIME this day of, READ A THIRD TIME this day of, ADOPTED this day of, John D. Turner Chair Paul R. Edgington Administrator Page 66 of 82

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68 To: Electoral Area Directors Committee From: Steven Olmstead, Manager of Planning and Development REPORT Date: March 30, 2006 Re: Application for a Development Variance Permit for Signs at Porteau Cove; District Lots 2076 and 4074, Electoral Area D; Pacific Place Developments Corp. on behalf of B.C. LTD., INC.NO Recommendation: THAT it be recommended to the Regional Board: 1. That Development Variance Permit #058 to vary the maximum area and height of two real estate signs under section 3.1 (b) and (c) of Sign Bylaw No from: a. 8 m 2 maximum area per sign to 26.8 m 2 maximum area (with maximum dimensions of 5m (16 feet) width and 5.63m (18 feet) height) per sign, and b. 5m maximum height per sign to 6.6 m maximum height per sign on District Lots 2076 and 4074, NWD be approved and the development variance permit be issued. 2. That prior to issuance of DVP 058, a covenant be registered against the titles to restrict the duration the signs authorized by DVP 058 may be located on the properties to five years from its date of issuance. 3. That the Chair and Administrator be authorized to enter into the covenant to restrict the duration of the sign on the properties. Administrator s Recommendation: I concur. PRE Voting Rules: Who Votes: All; Count: Directors; Decision: Majority Purpose: To inform the Electoral Area Directors Committee and Regional Board of an Application for a Development Variance Permit, by Pacific Place Developments Corp., to vary Sign Bylaw No. 681 to permit two real estate signs on District Lots 2076 and 4074, NWD having a maximum height of approximately 7 metres and an area of approximately 33.4 square metres each. Page 68 of 82

69 - 2 - Background: Sign By-law No. 681, 1998 regulates the placing of signs within 400 metres of a controlled access highway (Highway 99). Specifically, Bylaw 681 prohibits all signs having an area greater than 8 square metres (s. 3.1(b)) or a height greater than 5 metres (s. 3.1(c)). Section of Bylaw 681 allows one real estate sign per parcel, to a maximum of five signs per development project, to a maximum area of 4 square metres and a height of 3 metres. Section 4.3.1(e) allows real estate signs to be combined with community identification signs to a total area of 8 square metres and not more than two community signs (s (c)). To allow signs to be visible and legible from the highway, the following variances have been requested: 1. Vary section 3.1 (b) from 8 m 2 maximum area per sign to 26.8 m 2 maximum area with maximum dimensions of 5m (16 feet) width and 5.63m (18 feet) height per sign for 2 signs. 2. Vary section 3.1 (c) from a maximum height of 5 m per sign to 6.6 m maximum height per sign for 2 signs. Implications: General: Organizational: Financial/Legal: Since the enactment of Bylaw 681 in 1998, the SLRD has taken a fairly tough stance on sign bylaw enforcement when complaints are received. Enforcement occurs from time to time, especially in Electoral Area D in relation to third party advertising. Bylaw 681 contemplates a variance procedure; however, in the past seven years no sign variances have been considered. Approval of this variance application will probably set a precedent for future similar applications. none Bylaw 681 contains a general provision regulating the duration a real estate sign can be located on a property. Staff have received advice, however, that a development variance permit is not a good tool for attempting to regulate more specifically the duration in the signs are in place. This is better done through a restrictive covenant. Board Policy: Sign Bylaw 681. Strategic Plan: none Page 69 of 82

70 - 3 - Planning Department Comments: There are several large property identification signs advertising new or proposed projects along Highway 99 from West Vancouver to Squamish. Of primary relevance to this application is the size of the proposed sign in relation to existing signs in Area D south of Squamish. The most comparable situation is at Furry Creek, where two signs measuring approximately 4.4m x 4.4m (14 feet by 14 feet) have been erected adjacent to the highway. Although exceeding the Bylaw 681 size limits, no variance request was submitted prior to those signs being placed and no complaints about them have been received. The Planning Department does not object to the requested variance subject to the applicant agreeing to enter into a restrictive covenant limiting the period the signs can be located on the properties to five years. Respectfully submitted, Steven Olmstead Manager of Planning and Development Page 70 of 82

71 SQUAMISH-LILLOOET REGIONAL DISTRICT Development Variance Permit # 58 File No Issued to: B.C. LTD., INC.NO (Registered owners according to Land Title Office, hereinafter referred to as the Permittee) Address: 320 SEYMOUR BOULEVARD NORTH VANCOUVER, BC V7J 2J3 1) This Development Variance Permit is issued subject to compliance with all of the By-laws of the Squamish-Lillooet Regional District applicable thereto, except as specifically varied or supplemented by this permit. 2) This Development Variance Permit applies to and only to those lands within the Squamish-Lillooet Regional District described below: Parcel Identifier: Legal Description: DISTRICT LOT 4074, GROUP 1 NEW WESTMINSTER DISTRICT EXCEPT PART IN REFERENCE PLAN 988 and Parcel Identifier: Legal Description: DISTRICT LOT 2076 GROUP 1 NEW WESTMINSTER DISTRICT, EXCEPT: FIRSTLY; PART IN REFERENCE PLAN 7320, SECONDLY; PART SUBDIVIDED BY PLAN 19240, THIRDLY; PART IN PLAN LMP41651 (the Lands ) 3) The provisions of Sign By-law No. 681, 1998 are varied to permit one sign per parcel on the Lands substantially in the form as shown on Appendix 1 to DVP 058, which is attached to and forms part of this permit, as follows: (a) (i) The maximum area of a sign under section 3.1(b) is varied from 8 square metres per sign to 26.8 square metres per sign. Page 71 of 82

72 (ii) The maximum dimensions of a sign under clause (i) shall be 5 metres (16 feet) width and 5.63 metres (18 feet) height. (b) The maximum height of a sign under section 3.1 (c) is varied from 5 metres per to 6.6 metres per sign. 4) The following conditions and requirements are imposed: None 5) This Permit prevails over the provisions of By-law 681 in the event of conflict. 6) Security Requirements: None 7) The land described herein shall be developed strictly in accordance with the terms and conditions and provisions of this permit and any plans and specifications attached to this permit shall form a part hereof. 8) This permit is not a building permit. 9) Notice of this Permit shall be filed in the Land Title Office at New Westminster under Section 927 of the Local Government Act, and upon such filing, the terms of this Permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by the Permit. AUTHORIZED BY RESOLUTION PASSED BY THE REGIONAL BOARD THE DAY OF, John Turner Chair Paul R. Edgington Administrator END OF DOCUMENT Page 72 of 82

73 Appendix 1 to DVP 058 Page 73 of 82

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