REQUEST FOR DECISION Regional Growth Strategy Regional Context Statements Meeting Date: July 23, 2012 To: SLRD Board RECOMMENDATIONS: THAT the SLRD Board officially accept the regional context statement from The District of Squamish as attached to Schedule A of this report and direct Staff to refer the regional context statement to the Regional Growth Strategy Steering Committee for input on proceeding with a Regional Growth Strategy Amendment. THAT the SLRD Board officially accept the regional context statement from The District of Lillooet as attached to Schedule B of this report. THAT the SLRD Board officially accept the regional context statement from The Resort Municipality of Whistler as attached to Schedule C of this report. KEY ISSUES/CONCEPTS: Regional Growth Strategy Background: This report is intended to provide the Board with information so that they may respond appropriately to member municipalities regarding official submission of regional context statements (RCS) associated with the Regional Growth Strategy (RGS) and initiate the RGS amendment process. The Regional Growth Strategy was adopted by the SLRD Board in June, 2010 by acceptance of all member municipalities and participating electoral areas (excluding Electoral Area A, who is not a party to the RGS) as well as all seven adjacent regional districts. The RGS provides broad policy framework describing the common direction that the regional district and member municipalities will follow in promoting development and services which are sustainable, recognizing a long term responsibility for the quality of life of future generations. Based on a 20 year planning approach, the intention of the RGS is to guide development and encourage collaborative approaches to a sustainable future.
The development of the RGS included extensive consultation with neighbouring regional districts, First Nations, member municipalities, senior levels of government and various stakeholders. Guided by a Steering Committee, the RGS included extensive dialogue and participation involving numerous Elected Officials Forums, various sub committees including a Land Use Committee and an Inter Governmental Advisory Committee. The RGS was also subject to a broad public review process. Regional context statements to be in incorporated into member municipality Official Community Plans are required as part of a Regional Growth Strategy process. Local Government Act Chapter 25 Section 866 (1) If a regional growth strategy applies to all or part of the same area of a municipality as an official community plan, the official community plan must include a regional context statement that is accepted in accordance with this section by the board of the regional district for which the regional growth strategy is adopted. The SLRD (Regional) Board must respond within 120 days to a member municipality to inform acceptance or refusal of the context statement. Acceptance is implicit if the board does not officially respond within the 120 day period. Local Government Act Chapter 25 Section 866 (5) For the purpose of subsection (4), the board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment and if the board refuses to accept the regional context statement or amendment, indicating (a) Each provision to which it objects, and (b) The reasons for its objection. Municipality Date of Receipt 120 Day Deadline The District of Squamish June 12, 2012 October 10, 2012 The District of Lillooet April 30, 2012 August 28, 2012 The Resort Municipality of Whistler June 4, 2012 October 2, 2012 Regional Context Statement Submittals Regional context statements for the District of Lillooet, the District of Squamish and the Village of Pemberton were presented to the Board at the Committee of the Whole meeting held on April 30, 2012. Staff reviewed the pre submissions and prepared an information report to the SLRD Board at May 28, 2012. The SLRD Board resolved that these three member municipalities be invited to submit their regional context statements (the Resort Municipality did not present their draft context statement at that meeting). The District of Lillooet, the District of Squamish and the Resort Municipality of Whistler have now officially submitted their regional context statements. As such, the SLRD Board is required to officially reject or accept these statements. If the Board does not accept a regional context statement, the member municipality will be informed as to each provision to which the regional
board objects as well as the reason for its objection. If the matter cannot be resolved, it must be taken to a dispute resolution process, as per the requirements of the Local Government Act. Both The District of Lillooet and The Resort Municipality of Whistler regional context statements indicate alignment between the SLRD Regional Growth Strategy and their respective Official Community Plans. No amendments are proposed. The District of Squamish regional context statement indicates substantial alignment with the SLRD RGS with proposed mapping amendments shown in Appendix A. If the Board accepts a regional context statement with proposed amendments, the process of RGS amendment will be initiated. The SLRD Board must determine whether the amendments are minor or major. RELEVANT POLICIES: SLRD Regional Growth Strategy Bylaw No. 1062, 2008 Minor mapping conflicts to be corrected through RGS Amendment Process. Local Government Act Chapter 25 Section 866 Requirement for regional context statements in municipal official community plans In compliance. IMPLICATIONS General: Accepting the submitted regional context statements is in keeping with the SLRD RGS and the Local Government Act and follows due legal process. An Amendment Process will be required to be undertaken to update the Regional Growth Strategy to reflect minor mapping inconsistencies regarding the District of Squamish regional context statement. Organizational: The regional context statements are acceptable with proposed amendments. Legal: The SLRD Board will be required to officially reject or accept the regional context statements. If the Board does not accept a Regional Context Statement the matter will be taken to arbitration/dispute resolution unless the relevant municipality amends their RCS accordingly.
The SLRD Board will need to make a determination regarding the minor or major nature of the amendment process based on input from the RGS Steering Committee (described later in this report). FOLLOW UP ACTION: The SLRD Board to follow up with the District of Squamish, the Resort Municipality of Whistler and the District of Lillooet by letter, accepting or not accepting their regional context statements. The SLRD Board to determine the extent of the mapping amendments and direct Staff to prepare either a minor or major RGS amendment regarding the District of Squamish RCS as outlined below: On Page 44 of the SLRD Regional Growth Strategy Bylaw No. 1062, 2008, The RGS defines Criteria for a minor amendment as an amendment that: 1.a) is not considered to be of regional significance in terms of scale, impact or precedence; and b) contributes to achieving a compact, complete and sustainable community. 2. Text and map amendments not directly related to enabling specific proposed development may be considered minor if, in the opinion of the Board, the amendment is not of regional significance. The two processes by which a Regional Growth Strategy is amended are minor amendments and major amendments. By definition, a minor amendment is simpler and more straightforward. Both amendment processes are described below: Minor Amendment Process The SLRD RGS Steering Committee is comprised of senior staff from member municipalities, the SLRD and a member of the Ministry of Community and Rural Development. The RGS Steering Committee is integral to the RGS process that depends on this group for their expertise. Between 2004 and 2009, the RGS Steering Committee met approximately six to eight times annually. The RGS Steering Committee will be reconvened for the RGS Amendment process. a) On receipt of an application from a member municipality to amend the Regional Growth Strategy, SLRD staff will prepare a preliminary report for review by the RGS Steering Committee. Steering Committee comments and recommendations will be forwarded to the Regional Board to assist in its decision on whether the application should be processed as a minor amendment. b) The SLRD Board will assess a land use or development proposal or text amendment in terms of the minor amendment criteria. The Board may resolve, by an affirmative vote of 2/3 of the board members (with the exception of Electoral Area A) attending
the meeting, to proceed with an amendment application as a minor amendment. Where the Board resolves to proceed with an amendment application as a minor amendment, the Board will: i. determine the appropriate form of public consultation required in conjunction with the proposed minor amendment; ii. give 30 days written notice to each affected local government, including notice that the proposed amendment has been determined to be a minor amendment. The notice shall include a summary of the proposed amendment and any staff reports, other relevant supporting documentation and the date, time and place of the Board meeting at which the amending bylaw is to be considered for first reading; iii. consider the written comments provided by the affected local governments prior to giving first reading to the proposed amendment bylaw. c) At the time of consideration of first reading, the Board will determine whether a public hearing on the RGS minor amendment bylaw is required. d) The minor amendment bylaw shall be adopted in accordance with the procedures that apply to the adoption of a regional growth strategy under section 791 of the Local Government Act and SLRD Procedural Bylaw No. 658, 1998. It should be noted that if the question of proceeding with the change as a minor amendment does not receive the necessary 2/3 affirmative vote, then the process to be used must follow section 857 of the Local Government Act which is the process to be used in the case of a major amendment. Major Amendment Process The steps necessary to implement a major amendment are the same steps for adopting an RGS are outlined in Part 25 of the Local Government Act: 1. Give the bylaw 1st and 2nd readings; 2. Conduct required statutory consultation under section 855 of the LGA. This process includes the adoption of a consultation plan, that in the opinion of the board provides opportunities for early and ongoing consultation with at least the groups referred to in section 855(2) of the LGA: a) citizens; b) affected local governments; c) First Nations; d) school district boards, greater boards (none applicable) and improvement district boards; e) Provincial and Federal governments and their agencies.
Approval of the consultation plan should be evidenced for the record by a specific resolution. 3. Under the LGA the Board must consider whether the consultation will include conducting a public hearing (although a hearing itself is not required by the LGA it is common in the case of a major amendment, as in Metro Vancouver). A specific Board resolution one way or the other is recommended for the record. 4. The RGS amendment must be accepted by all of the affected local governments under section 853(c) and 857(3)(a) and (b) of the LGA. This process would not include other local governments within the Regional District. The process for acceptance is set out in section 857 of the LGA. 5. Give 3rd and final reading and adoption of the bylaw. Conclusion: The decision as to whether an inconsistency is a minor amendment to the RGS or a major amendment is one to be made by the regional directors on the Board of the SLRD based on input from the RGS Steering Committee. At this time, it is only necessary that the SLRD Board accept the regional context statements ATTACHMENTS: Appendix A The District of Squamish Regional Context Statement The District of Lillooet Regional Context Statement The Resort Municipality of Whistler Context Statement (note that the Village of Pemberton Context Statement is forthcoming) Submitted by: Endorsed by: Reviewed by: K. Salin, Planner K. Needham, Director of Planning and Development L. Flynn, Chief Administrative Officer
Appendix A The District of Squamish Regional Context Statement
Schedule B
Schedule C