DISTRICT OF SQUAMISH REPORT TO: Council FOR: Regular PRESENTED: May 20, 2008 FILE: 2007-15 Bylaw No. 1996 FROM: Planning Department SUBJECT: Zoning Amendment – Bylaw 1996, 2007 (CD 54: 38116 Loggers Lane (The

Mireau) Recommendation: THAT District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007, be given first two readings; and, THAT a public hearing date be scheduled for June 3, 2008, at 7:00 p.m. at the District of Squamish Council Chambers with respect to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007; and further,

THAT the following be completed to the satisfaction of the District prior to adoption of Bylaw 1996, 2007:

1. The Owner is to provide consolidation plan of all lands to be developed in registerable form and solicitors undertaking to the register the plan upon adoption;

2. The Owner is to dedicate, or enter into an agreement to otherwise provide unfettered public access to the District all lands generally identified as the plaza and walkway on attachment 2 to the June 6, 2008 Staff report;

3. The Owner is to enter into an agreement to provide unfettered public access to the green space generally identified on attachment 2 to the June 6, 2008 Staff report;

4. The Owner is to enter into a no build covenant obligating the owner to design, construct, and maintain in perpetuity any and all rail crossing requirements and improvements at no cost to the Municipality to satisfaction of the rail authorities having jurisdiction and the District;

5. The owner is to enter into a noise and vibration covenant related to the proximity of the development to the rail line to satisfaction of District and the rail authorities having jurisdiction;

6. The owner is to enter into a standard form flood covenant;

7. The owner is to provide any necessary statutory rights-of-way for existing and future District services, as necessary;

8. The owner is to enter into a land development agreement to provide for the following works and services at the Owner’s cost to the satisfaction of the District:

a. Design and construction of sea dike, including all regulatory and tenure approvals;

b. Design and construction of the pedestrian waterfront walkway including street-furniture, viewing areas, landscaping along entire water’s edge;

c. Design and construction of the plaza space at the terminus of Winnipeg Street including street furniture and landscaping;

d. Design and construction of intersection improvements at Loggers Lane and Winnipeg Street;

e. Design and construction of water system upgrades in Loggers Lane from Pemberton Avenue to the southern limit of the property.

AND Further that the Mayor and Director of Administrative Services be authorized to execute any necessary agreements to affect the rezoning. CAO Recommendation Concur with the Planning Department report and recommendations. K. Anema, CAO 1. Purpose:

The purpose of this report is to introduce the application for rezoning from General Industrial (I-3) to Comprehensive Development Zone 54 (CD-54) to facilitate the development of the proposed Mireau project located at 38116 Loggers Lane.

2. Time Critical:

Yes.

3. Background:

On April 20, 2007 the District accepted an application from Westmana Developments to rezone lands located at 38116 Loggers Lane from the current General Industrial (I-3) zone to a Comprehensive Development Zone (CD-54) to facilitate the development of a mixed use commercial residential development. The proponent has also submitted a companion Development Permit Application which would be considered by Council upon successful completion of the rezoning. The proponent held a Public Information meeting May 30, 2007 at the Squamish Yacht Club with 35 registered attendees. The completed comment sheets and public correspondence to date are attached as attachment 3.

Figure 1. Location

38116 Loggers Lane38116 Loggers Lane

4. Project Information:

Site Context

The subject lands consist of seven lots located between Loggers Lane and the Mamquam Blind Channel north of the intersection of Winnipeg Street. Acquisitions of Crown Land and BC Rail Properties lands on the western portion of the proposal are pending and are established as a prerequisite to adoption. The consolidated lands would result in a development site of 30,965 square feet (0.71 ac.). The property is currently developed and paved with a building that formerly housed the Howe Sound Women’s Centre and Sea to Sky Community Services. The property is bordered to the north by an existing residence, to the east by Crown water-lots and associated uplands to the Mamquam Blind Channel, undeveloped land to the south, and a CN Rail line to the west. Access to the proposed development is via a proposed extension to the Winnipeg Street road allowance into the building and to provide public access to the waterfront public realm.

Proposed Development

The proposed development is for 52 residential apartment units consisting of 19 one bedroom units, 31 two bedroom units, and 1 three bedroom unit. The project also proposes a +/- 1,100 square foot commercial unit fronting on the Winnipeg Street plaza. The proposed CD-54 zoned makes provision for marine oriented commercial, restaurant, café, retail and recreation equipment rental uses within the commercial space. The proposed building would be four-storeys over a partially underground parking structure. The total floor area of the building is proposed at 58, 358 square feet for floor area ratio of 1.88. The floor-plate of the building would cover approximately 48.1% of the site. The proposal would be required to meet the zoning bylaw requirements for parking,

and the submission indicates the project would provide 5 excess stalls over the 64 stalls required by the zoning bylaw.

Proposed Amenities and Public Realm Improvements The proposed development is accompanied by a substantial amenities and benefits package featuring the development of a pedestrian plaza, waterfront walkway, publicly accessible green-space. The plaza will be designed and developed as a gateway to the waterfront walkway fronting the project and ultimately extending to the south as part of the comprehensive waterfront walkway trail. The intent of the plaza is also to provide open space at the street-ends to preserve view corridors and create informal gathering spaces. The proponent will also be dedicating the land adjacent to the waters edge and developing a finished waterfront walkway. Both the plaza and the walkway will be distinctly finished with street-furniture and landscaping to create a vibrant public realm. As a pre-requisite to adoption of the zoning, the Owner will be required to dedicate or otherwise secure the land for public access and design and construct these public amenities. The owner has also agreed to provide a statutory right-of-way over a portion of greenspace adjacent to the walkway to secure public access. As Council is aware, the site is the former home of the Howe Sound Women’s Centre and Sea to Sky Community Services. As part of the contribution to the community, the Proponent has already provided $185,000 to Howe Sound Women’s Centre enabling them to purchase a building and renovate it for their use. The Proponent also made a significant contribution to assist with the relocation of the offices of Sea to Sky Community Services. On February 5, 2008 Council passed a resolution acknowledging that these contributions to community agencies would “be considered as a factor towards the comprehensive community amenity and affordable housing contributions being negotiated as part of rezoning application”. Staff have reviewed the comprehensive amenity package and off-site servicing improvements and are of the opinion that it exceeds what would normally be expected of a project of this size. In this instance, and without establishing

precedent, Staff are of the opinion that the project’s contributions to the community preclude the ability for this project to provide contributions to the Mixed Income Housing Program as outlined in the draft policy. The draft policy does provide for exceptions in particular situations where given their nature and the priority of other amenities (such as the waterfront walkway, and sea-dike) Council may forego a contribution to the mixed income housing, and Staff are of the opinion that this project ought to receive such consideration. Accordingly, Staff recommend that Council not seek a contribution to the housing reserve fund.

Off-Site Servicing Improvements and Rail Issues In addition to the amenities and public realm improvements above, the project will also be contributing to improvements to the District’s infrastructure off-site. As the site fronts the Mamquam Blind Channel, the project will also deliver significant sea-dike improvements. To date the Proponents have undertaken a design effort and have received the conceptual approval of the Dike Inspector and the District. The dike will be designed to a standard that takes into account potential sea-level rise and will feature habitat benches. The final approvals of the design and tenure of the dike will be required before the project proceeds. It should be noted that the design work to date will be of benefit to establishing a dike standard for the entire waterfront area. The Proponent has also agreed to provide an oversized waterline from Pemberton Avenue to the site within Loggers Lane that will provide sufficient water service to the south end of the downtown and Oceanfront Peninsula. Additionally, road improvements will be made to the intersection of Loggers Lane and Winnipeg Street. The subject lands are bounded by a rail line on the western edge of the property. Though the line is used infrequently, and it’s future is unclear as a rail line, the project will be required to address issues around crossings and the guidelines provided by CN Rail. Staff and the Proponent have undertaken a significant effort to understand and address the rail related issues. The Proponent will be required to secure all crossing agreements and make any necessary improvements to the crossing at their cost and to the satisfaction of the District, CN Rail and Transport Canada. At this time, it does not appear that significant improvements are required given the extremely limited amount of rail traffic using this line. CN and Transport Canada have tentatively agreed that any rail traffic would be managed by flag-persons. In addition to any initial improvements, there is also a requirement that the Owner enter into an agreement to ensure that the District does not incur any maintenance costs in perpetuity. This will be a pre-requisite to adoption of the zoning bylaw. The proposed project will also encroach into the setback from rail lines recommended by CN in their guidelines. Staff have confirmed with CN that in this instance it will be acceptable to encroach within the setback, provided the Owner enter into covenants respecting noise and vibration that may be generated from any use of the rail-line. These covenants to the satisfaction of the District and the rail authorities is a pre-requisite to adoption of the zoning bylaw.

5. Department Comments:Policy Analysis

The lands are identified as Downtown in the 1998 Official Community Plan. As one of the basic objectives, the OCP establishes an important role for the Mamquam Blind Channel side of Loggers Lane with the following policy statement:

3.6 REVITALIZE DOWNTOWN SQUAMISH AND THE MAMQUAM BLIND CHANNEL

The revitalization of downtown Squamish will not only serve to protect and enhance the primary commercial area of the municipality, it will also create new economic opportunities. The west side of the Mamquam Blind Channel is particularly well placed to achieve this and other basic objectives. The downtown is the heart of most communities including Squamish. It accommodates the majority of all commercial businesses, community services, and many of the public facilities and amenities. The OCP can be used to reinforce the importance of downtown Squamish by providing direction for zoning changes and establishing Development Permit guidelines to encourage commercial revitalization, new multi-family development and mixed use developments that integrate a range of compatible land uses.

The OCP generally directs multi-family development to the downtown, and encourages mixed use development adjacent to the Blind Channel. Pedestrian connectivity and the waterfront walkway are also strongly encouraged. Specifically in Section 6.4.3 the objectives of creating a “more urban, mixed-use commercial, recreational, tourist, and multiple family residential neighbourhood are encouraged.” The proposal is consistent with the direction and policy in the Official Community Plan. The proposal is also consistent with Smart Growth on the Ground and the Draft Downtown Neighbourhood Plan, which promote mixed-use developments and a high-quality public realm.

Staff Comments Staff note the application is consistent with the direction provided in the District’s Planning Policy and therefore recommend the project receive first and second reading and proceed to public hearing. The project is the first of a number of projects anticipated along the Mamquam Blind Channel and Staff believe the improvements to the public realm will further the objective of creating interest and vitality in the downtown and ultimately create a destination draw for residents and visitors. The residential density provided is of an appropriate scale as contemplated in policy, and will also further contribute to the vitality of the downtown. The location of a commercial unit adjacent to the public plaza presents a great opportunity to enliven the plaza and generate vitality adjacent to the water’s edge. The range of uses present an opportunity to capitalize on the proximity to the water and frame an entrance to the District’s hallmark public realm element; the waterfront walkway.

Though modest in scale, Staff are of the opinion that the limited road frontage and edge conditions on the site preclude additional commercial and therefore support the mix of uses proposed. Given the consistency with District policy and the significant improvements to the public realm in the downtown, Staff support the project and recommend approval.

7. Staff Recommendation: THAT District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007, be given first two readings; and, THAT a public hearing date be scheduled for June 3, 2008, at 7:00 p.m. at the District of Squamish Council Chambers with respect to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007; and further,

THAT the following be completed to the satisfaction of the District prior to adoption of Bylaw 1996, 2007:

1. The Owner is to provide consolidation plan of all lands to be developed in registerable form and solicitors undertaking to the register the plan upon adoption;

2. The Owner is to dedicate, or enter into an agreement to otherwise provide unfettered public access to the District all lands generally identified as the plaza and public promenade on attachment 2 to the June 6, 2008 Staff report;

3. The Owner is to enter into an agreement to provide unfettered public access to the green space generally identified on attachment 2 to the June 6, 2008 Staff report;

4. The Owner is to enter into a no build covenant obligating the owner to design, construct, and maintain in perpetuity any and all rail crossing requirements and improvements at no cost to the Municipality to satisfaction of the rail authorities having jurisdiction and the District;

5. The owner is to enter into a noise and vibration covenant related to the proximity of the development to the rail line to satisfaction of District and the rail authorities having jurisdiction;

6. The owner is to enter into a standard form flood covenant;

7. The owner is to provide any necessary statutory rights-of-way for existing and future District services, as necessary;

8. The owner is to enter into a land development agreement to provide for the following works and services at the Owner’s cost to the satisfaction of the District:

a. Design and construction of sea dike, including all regulatory and tenure approvals;

b. Design and construction of the pedestrian waterfront walkway including street-furniture, viewing areas, landscaping along entire water’s edge;

c. Design and construction of the plaza space at the terminus of Winnipeg Street including street furniture and landscaping;

d. Design and construction of intersection improvements at Loggers Lane and Winnipeg Street;

e. Design and construction of water system upgrades in Loggers Lane from Pemberton Avenue to the southern limit of the property.

AND Further that the Mayor and Director of Administrative Services be authorized to execute any necessary agreements to affect the rezoning.

8. Implications

This would allow the rezoning process to proceed to public hearing and establish prior-to adoption expectations of Council.

9. Alternatives to Staff Recommendation:

Alternative 1: THAT the application for District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007 be referred to an upcoming Strategy Session to address the following issues: (Council to list) Implications: This would refer the project to a Strategy Session for additional information and discussion before Council considers first and second readings to the bylaw. Alternative 2 THAT Council refuse the application for District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (CD-54) No. 1996, 2007.

Implications: The application would be refused and the lands would remain zoned General Industrial (I-3) in the Zoning Bylaw. Alternative 3: Another direction/course of action to be specified by Council.

__________________________________________ Cameron Chalmers Director of Planning Attachment 1: Bylaw No. 1996, 2007 Attachment 2: Public Realm Plan Attachment 3: Public comments received to date

Attachment 1

DISTRICT OF SQUAMISH BYLAW NO. 1996, 2007. A bylaw to amend the District of Squamish Zoning Bylaw No. 1342,1995.

WHEREAS the District of Squamish deems it necessary and appropriate to amend Zoning Bylaw No. 1342, 1995;

NOW THEREFORE the Council of the District of Squamish, in open meeting assembled, enacts as follows:

1. This bylaw may be cited as "District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw (Comprehensive Development No. 54 Zone) No. 1996, 2007."

2. District of Squamish Zoning Bylaw No. 1342, 1995 is amended as follows:

By rezoning the parcel of land in the District of Squamish, legally described as:

I. THAT PART OF LOT G LYING TO THE EAST OF PARCEL 1

(REFERENCE PLAN 2517) DISTRICT LOT 486, PLAN 999; II. THAT PART OF LOT H LYING TO THE EAST OF PARCEL 1

(REFERENCE PLAN 2517) DISTRICT LOT 486, PLAN 999; III. THAT PART OF LOT I LYING TO THE EAST OF PARCEL 1

(REFERENCE PLAN 2517) DISTRICT LOT 486, PLAN 999; IV. LOT A (REFERENCE PLAN 1248), EXCEPT PART IN PLAN

BCP24344, OF LOT I DISTRICT LOT 486 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 999;

V. THAT PART OF LOT H IN REFERENCE PLAN 830, EXCEPT PART IN PLAN BCP24344,DISTRICT LOT 486 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 999

VI. THAT PART OF LOT G IN REFERENCE PLAN 829, EXCEPT PART IN PLAN BCP24344, DISTRICT LOT 486 GROUP 1 NEW WESTMINSTER DISTRICT PLAN 999

VII. LOT 1 (REFERENCE PLAN 2517) OF LOTS G, H AND I DISTRICT LOT 486 AND OF THE UNSUBDIVIDED PORTION OF DISTRICT LOT 486 PLAN 999

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and located at 38116 Loggers Lane, Squamish, British Columbia, as shown shaded on the sketch attached as Schedule "A" to this bylaw; from General Industrial (I-3) zone to Comprehensive Development 37 (CD-54) Zone.

3. District of Squamish Zoning Bylaw No. 1342, 1995 is further amended by

adding the following after Section 14XX: “SECTION 14GG COMPREHENSIVE DEVELOPMENT ZONE 37 (CD-37) 14XX.1 Permitted Uses

(a) Accessory uses; (b) Apartment Dwelling (c) Home Occupation Office (d) Public Plaza (e) Public promenade (f) Outdoor market; (g) Marine oriented commercial (h) Restaurant; (i) Retail store; (j) Recreation equipment rental; (k) Café and Coffee Shop (l) Off street parking and loading

14XX.2 Conditions of Use

The portion of the first floor identified as “Commercial” on schedule “B” shall be used only for a commercial, non-residential, use.

14 XX.3 Height of Principal Buildings No principal building shall exceed a height of 17.4 meters (57 ft).

14XX.4 Density

a. The lot coverage shall not exceed 50.0% of the total lot area. b. The maximum site Floor Area Ratio (FAR) is 1.9.

14XX.5 Siting requirements

a. The layout of the site and the siting of any buildings shall be generally

in accordance with Schedule “B” attached to and forming part of this bylaw.

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b. Front Lot Line Setback (Winnepeg Street Extension): No front lot line setback is required.

c. Side Lot Line Setback (Mamquam Blind Channel): No front lot line setback is required

d. Side Lot Line Setback (Rail line) No principal building shall be located within 3.0 metres (10 feet)

e. Rear Lot Line Setback (north lot line): No Rear lot line setback is required

14XX.6 Fencing Fencing shall be provided in accordance with Section 4.6 of District of

Squamish Zoning Bylaw No. 1342, 1995. 14XX.7 On-site Parking Parking shall be provided in accordance with Section 40 of District of

Squamish Zoning Bylaw No. 1342, 1995. 14XX.8 On-site Loading Loading must comply with Section 41 of District of Squamish Zoning

Bylaw No. 1342, 1995. 14XX.9 Accessory Buildings All accessory buildings shall comply with the requirements of Section 4.4

of District of Squamish Zoning Bylaw No. 1342, 1995. 14XX.10 Screening and Landscaping Unless approved by development permit, screening and landscaping must

be provided in accordance with Section 4.7 of District of Squamish Zoning Bylaw No. 1342, 1995.

14XX.11 Comprehensive Development Plan All buildings, structures and uses shall generally comply with the size,

shape, siting and height as designated on the approved comprehensive development plan attached as Schedules “B”, and“C”attached to and forming part of this bylaw.

14XX.12 Development Permit Notwithstanding sections 14GG.4, 14GG.6 and 14GG.12, the size, shape

and siting requirements for all buildings and structures may be amended in accordance with a Development Permit.

4. District of Squamish Zoning Bylaw No. 1342, 1995 is further amended by

amending the zoning map, being Schedule "A" to the District of Squamish Zoning Bylaw No. 1342, 1995 to reflect the rezoning.

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5. District of Squamish Zoning Bylaw No. 1342, 1995 is further amended by inserting as a new Schedule "B", and “C” attached hereto to Section 14XX.

READ A FIRST AND SECOND TIME this th day of , 2008 . PURSUANT TO THE LOCAL GOVERNMENT ACT, NOTICE WAS ADVERTISED ON th, 2008 AND rd, 2008. PUBLIC HEARING HELD on the th day of 2008. READ A THIRD TIME this day of 2008. ADOPTED this th day of , 2008.

________________________________________ Ian Sutherland, Mayor

________________________________________ R. Arthurs, Director of Administrative Services

Schedule “A” to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw 1996, 2007 Rezone from Light Industrial (I-3) to Comprehensive Development No. 54 (CD-54) zone.

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Schedule “B” to District of Squamish Zoning Bylaw No. 1342, 1995, Amendment Bylaw 1996, 2007

Commercial Use Only

From Drawing A 201 dated 08.04.07

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Schedule “C” to District of Squamish Zoning Bylaw No. 1342, 1995,

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rom Drawing A 400 dated 08.04.07

Amendment Bylaw 1996, 2007

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Attachment 2

Public Realm Plan

Plaza

Walkway

Green Space

Plaza

Walkway

Green Space