REQUEST FOR DECISION Mt. Penrose Communications Tower Zoning Amendment Application (Area A) First Reading and Referrals

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1 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) Meeting Dates: July 26, 2017 To: SLRD Electoral Area Directors/SLRD Board Applicant: Janie Bergeron (Agent); Manitoba Ltd. (Owner) Location: SLRD Electoral Area A Mt. Penrose (near Gun Lake) Legal Descriptions: Unsurveyed Crown Land (Mt. Penrose, adjacent to Gun Lake) Zoning: RR2 Rural Resource Electoral Area A Zoning Bylaw No. 670, 1999 OCP Designation: Resource Management Upper Bridge River Valley Official Community Plan Bylaw No. Bylaw 608, 1996 RGS Designation: Non-Settlement Area SLRD Regional Growth Strategy Bylaw No. 1062, 2008 ALR Status: N/A Development Permit Areas: Wildfire Protection RECOMMENDATION: THAT Bylaw , cited as Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, Amendment Bylaw No be introduced and given first reading. THAT Bylaw , cited as Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, Amendment Bylaw No be referred to the appropriate First Nations, District of Lillooet, and provincial agencies including the Interior Health Authority, BC Parks, the Ministries of Transportation & Infrastructure, Forests, Lands, & Natural Resource Operations, and Environment for comment. KEY ISSUES/CONCEPTS: The SLRD received a zoning amendment application for a proposed private communications tower on an unsurveyed parcel of Crown land on Mt. Penrose (adjacent to Gun Lake). See Appendix B: Location Site Plan. The current RR2 Rural Resource zoning does not include private communications tower as a permitted use. Further, as the proposed communications tower is not located on the same parcel as the Jamie Creek Hydroelectric Facility (located ~ 10kms from Jamie Creek IPP - across Downtown Lake and up Mt. Penrose), it cannot be considered an accessory use to the IPP. Thus, a zoning amendment is required to support this use.

2 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) Proposed Zoning Amendment: To allow for a private communications tower on an unsurveyed parcel of Crown land on Mt. Penrose (adjacent to Gun Lake) to support the existing Jamie Creek Hydroelectric Facility. Previous Board Resolution At the June 28 and 29, 2017 SLRD Board meeting, the SLRD Board resolved: THAT staff be directed to proceed with the zoning amendment process for the Mt. Penrose private communication tower zoning amendment application associated with the existing Jamie Creek hydroelectric facility but located on a separate parcel of Crown Land; and THAT the applicant undertake to determine: 1. the visibility impacts of the tower site; 2. the visibility impacts of the monopole antenna proposed to be mounted on the Gun Lake Fire Protection Society s existing fire equipment shed, the ability to use the site of the existing fire equipment shed for such purpose (i.e. tenure restriction), and the benefits that would be provided to the Gun Lake Fire Protection Society for allowing the mounting of the proposed monopole antenna on its existing fire equipment shed; and 3. the plan for helicopter access to the Mt. Penrose site (i.e. where the helicopter will take off from, length of flight, etc.). THAT the Squamish-Lillooet Regional District advise Boralex Inc. that they will need to apply for their own tenure from the Province and seek a sublicense/agreement with the Gun Lake Fire Protection Society for Boralex Inc. s proposed monopole antenna, with respect to the Jamie Creek Hydroelectric Facility, on the Gun Lake Fire Protection Society s fire equipment shed. RELEVANT POLICIES: Squamish-Lillooet Regional District [Electoral Area A] Zoning Bylaw No. 670, 1999 Upper Bridge River Valley Official Community Plan Bylaw No. 608, 1996 Squamish-Lillooet Regional District Regional Growth Strategy Bylaw No. 1062, 2008 BACKGROUND: The application was given permission to proceed by the SLRD Board at the June 28 and 29, 2017 Board meeting. SLRD Staff have drafted a zoning amendment bylaw Amendment Bylaw for this application. Project Description Manitoba Ltd. (Jamie Creek) is operating a 21.3 MW hydroelectric plant located on the South side of Downton Lake, 18 km west of Gold Bridge in the Thompson Region. The application 2

3 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) states: the current satellite communication system being unreliable, the proposed Project aims to install a point to point microwave communication link between the Gun Lake Fire Station and the Jamie Creek hydroelectric plant to ensure personnel safety and reliable monitoring and operation of the plant. The application proposes that a metal container 1.82 m x 1.82 m x 1.82m (6 ft x 6 ft x 6 ft) will be mounted on concrete pillars anchored to the rock. A 4.88 m antenna and four solar panels will be attached to the metal container. The equipment footprint is less than 5 m 2. However, an area of 60 m x 60 m is required for the grounding wire to dissipate the electrical potential of a lightning strike; thus, the application (both SLRD zoning and Crown Land Tenure Application) is for an area of 60 m X 60 m. The application suggests the material, tools, water and fuel required for construction will be lifted by helicopter from the Gun Lake airport. No fuel will be left on site for operation or maintenance. The solar photovoltaic system will be the only power source available on site. Crown Land Tenure Issues Mt. Penrose: the SLRD received a Crown Land Referral for the related Crown Land Tenure application (Licence of Occupation) for the proposed private communications tower on May 8, A referral response has been provided. Staff did not have any objections to the tenure application, provided the required zoning amendment is approved. Forests, Lands and Natural Resources Operations (FLNRO) has confirmed there are no other tenure holders on the subject parcel. Note: Amendment Bylaw will not be adopted by the Board until the Licence of Occupation is issued from the Crown. Gun Lake Fire Hall: the SLRD has a non-exclusive Licence of Occupation tenure for the Gun Lake Fire Hall (fire equipment shed), which is located on a separate parcel of Crown land from the proposed location of the communications tower on Mt. Penrose. The Gun Lake Fire Protection Society (GLFPS) has a sub-licence agreement with the SLRD for fire hall purposes. Neither the head tenure nor the sublicence provide for the desired private communications use. As such, the Board resolved (as per above) that Boralex needs to apply to the Crown for its own tenure and to then seek a sub-licence/agreement with GLFPS in respect of the placement of the antennae on this parcel of land. Note: the fire shed and tenure restriction issues associated with the proposed antennae are separate from the subject zoning Amendment Bylaw See Appendix C for details of the proposed communications equipment and draft agreement. A zoning amendment is not required for the proposed antennae as it may be considered an accessory use, similar to a satellite dish. However, this antennae may require further SLRD approvals if further changes are proposed. This site is separate and independent from the Mt. Penrose Crown Land site. Additional Project Information (provided at request of Board) This information has been provided by the applicant (unless otherwise noted) as per the Electoral Area Directors June 14/SLRD Board June 28 and 29, 2017 resolutions, in which it was recommended that the applicant undertake to determine: Q1: the visibility impacts of the tower site. According to the applicants, the Communication Site will be located at about 4 km from Gun Lake. At this distance, and considering the height difference of 1,250 m, the container (6 ft x 6 ft x 6 ft) will be hardly visible to the human eye. As a mitigation measure, the container will be painted to blend with the natural landscape. 3

4 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) Q2: the visibility impacts of the monopole antenna proposed to be mounted on the Gun Lake Fire Protection Society s existing fire equipment shed. According to the applicants, in their discussions with the Gun Lake Fire Protection Society (GLFPS), the existing fire equipment shed is 16 feet high. The proposed monopole antenna is 8 feet tall and will be mounted to the shed, so it will exceed the roofline by 4 feet. A 35 cm x 35 cm metal box (radio) will be installed on the top section of the antenna. As a mitigation measure, the monopole-antenna and the metal box can be painted to blend in with the environment. With mitigation measures, the monopole antenna and box will have a low visibility impact on GLFPS site and neighbouring properties. Q2: the ability to use the site of the existing fire equipment shed for such purpose (i.e. tenure restriction). From SLRD Staff review of the tenure documents, the SLRD License of Occupation (SLRD/Crown) for the Crown land on which the GLFPS fire equipment shed is located is for fire hall purposes. The proposed sublicense of occupation between the SLRD and GLFPS (which has not yet been signed by the Society) - once it is signed by the GLFPS and approved by the Crown would also be limited to fire hall purposes. As such, the purpose for which the applicants are looking at would not (in the opinion of SLRD Staff) be supported by the SLRD s existing head tenure. The proponents will need to apply for a new tenure licence to provide for the proposed private communications uses. This direction was supported by the SLRD Board through the June 28 and 29, 2017 Board resolutions. Q2: and the benefits that would be provided to the Gun Lake Fire Protection Society for allowing the mounting of the proposed monopole antenna on its existing fire equipment shed. The applicants have drafted an agreement (enclosed) to confirm benefits to the GLFPS; the applicants have indicated that they are meeting with GLFPS to discuss this agreement. Q3: the plan for helicopter access to the Mt. Penrose site (i.e. where the helicopter will take off from, length of flight, etc.). The helicopter will take off from Gun Lake airport. Six to seven days of helicopter lifting will be required to complete the works. As proposed mitigation measures, flights could be limited to an 8 a.m. to 5 p.m. schedule and a sign could be posted at the airport to inform residents on the scheduled flights times. ANALYSIS: Current Zoning The subject parcel is zoned RR2 - Rural Resource Zone (8 ha) under the Squamish-Lillooet Regional District Electoral Area A Zoning Bylaw No. 670, Permitted uses include: agriculture forestry practices, including silviculture and processing but not including processing or manufacturing open land recreation including golf courses and motocross tracks single family dwelling garden nursery kennel campground 4

5 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) secondary suite bed and breakfast home business home industry retail sale of farm products accessory buildings and accessory uses Amendment Bylaw would add private communications site and communications tower as a permitted use for the specific portion of the Mt. Penrose parcel, based on legal description (all that unsurveyed Crown Land in the vicinity of Jamie Creek. Lillooet district, containing 0.33 hectares, more or less, located at (latitude/longitude) on Mt. Penrose (adjacent to Gun Lake). Current OCP Designation The subject parcel is designated Resource Management under the Upper Bridge River Valley Official Community Plan Bylaw No. 608, The proposed use is generally compatible with the Resource Management designation and the following objective and policies are relevant: To promote management of mineral, forest, and agricultural resources that is compatible with existing uses and respects the social and environmental values of the community Permitted uses on Resource Management lands are residential uses, agriculture, resource extraction, silviculture, dispersed outdoor recreation, and auxiliary uses related to these activities The development of small hydroelectric facilities is considered to be consistent with the Resource Management land designation where they are shown to be compatible with adjacent land uses, technically sound, environmentally responsible, socially responsible, and licensable The Regional District encourages the Ministry of Forests and Range to complete an inventory update for the plan area to reflect its very high visual sensitivity and the increased emphasis on retaining wilderness values and promoting tourism. Community Watershed Protection Areas The proposed Communications Site is located just ~7.8 m outside the Community Watershed Protection Area (CWPA) (See Appendix B for location in relation to CWPA). The 60m x 60m grounding wire area would fall within the (CWPA). The following objective and policies pertain to the CWPA. To support the protection of community watersheds The Community Watershed Protection Areas, as indicated on Map 1, includes existing and pending community watersheds where lands shall be managed to maintain local water quality Permitted uses within Community Watershed Protection Areas are dispersed outdoor recreation and auxiliary uses related to these activities. 5

6 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) Intensive recreation, subdivision and rezoning of lands within Community Watershed Protection Areas shall be discouraged. Recreationalists are encouraged to minimize stream crossings and stay on existing trails to prevent erosion The Regional District encourages the Ministry of Forests and Range to ensure that forest practices within community watersheds are conducted in accordance with the B.C. Forest Practices Code Standards. The CWPA policies do not speak specifically to communications towers; they do refer to discouraging rezonings. Any impacts in the 60 m x 60 m grounding wire area will likely be limited to the construction phase and not operations. As the communications tower itself is located outside the CWPA, and the grounding wire area will have limited impacts, SLRD Staff are not concerned about this minor encroachment into the CWPA. Other SLRD Permits The SLRD Building Inspector has determined that a building permit will not be required for the proposed works, as public safety is not an issue the tower is not near a road which the public would use and there are no habitable buildings nearby; further, the proposed works will not be occupied by a service person. The SLRD Building Inspector has determined that the proposed private communications tower may be exempt from a Wildfire Development Permit, as per section 6.14 of the Upper Bridge River Valley Official Community Plan Bylaw No. Bylaw 608, The proposed private communications tower involves a metal container 1.82 m x 1.82 m x 1.82 (6 ft x 6 ft x 6 ft) mounted on concrete pillars anchored to rock, with an area of 60 m x 60 m for the grounding wire. It is felt that the proposed works do not impact wildfire protection efforts or warrant further mitigation. Note building permits may be required for works proposed on/within the Gun Lake fire protection shed. This will be explored further upon any receipt of Crown tenure. Current RGS Designation The subject parcel is designated Non-Settlement under the SLRD Regional Growth Strategy Bylaw No. 1062, The proposed use is compatible with the Non-Settlement designation, as the use has no residential component and supports resource extraction and industrial uses on resource lands. As the proposed private communication tower use is generally compatible with other surrounding Rural Resource/Resource Management/Non-Settlement uses, staff do not have concerns with a site specific rezoning. The private communications tower is proposed to be located just outside the Community Watershed Protection Area. Any tenure restriction issues with the Gun Lake Fire Station will be addressed separately from the rezoning, as Amendment Bylaw is for the Mt. Penrose parcel and not the fire hall parcel. REGIONAL IMPACT ANALYSIS: The proposed zoning amendment is for a site specific rezoning to provide for a private communication tower on an unsurveyed parcel of Crown land near Gun Lake. There are no existing land uses on the parcel or in the surrounding area. Any impacts will be isolated to the specific location, thus regional impacts are negligible. 6

7 Mt. Penrose Communications Tower Zoning Amendment Application (Area A) OPTIONS: Option 1 Give the Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, Amendment Bylaw No first reading and initiate the referral process. Option 2 Refer the application back to SLRD Staff for more information, or revision. Option 3 Reject the zoning amendment application. PREFERRED OPTION: Option 1 or Option 2 FOLLOW UP ACTION: Send out referrals and as per Board s direction. APPENDIX: Appendix A: Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, Amendment Bylaw No Appendix B: Location Site Plan Appendix C: Draft Agreement for Communications Equipment Boralex and GLFPS Prepared by: C. Daniels, Planner Reviewed by: K. Needham, Director of Planning and Development Services Approved by: L. Flynn, Chief Administrative Officer 7

8 SQUAMISH-LILLOOET REGIONAL DISTRICT BYLAW NO A bylaw of the Squamish-Lillooet Regional District to amend the Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, as amended from time to time. WHEREAS the Board of the Squamish-Lillooet Regional District wishes to amend the Squamish- Lillooet Regional District Zoning Bylaw No. 670, 1999; 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 Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999, Amendment Bylaw No Squamish-Lillooet Regional District Zoning Bylaw No. 670, 1999 is amended as follows: (a) By updating the Summary of Amendments table to include this bylaw. (b) By inserting by inserting Section 7.5 Exceptions, immediately following Section 7.4 Special Regulation, as follows:.1 On the parcel legally described as all that unsurveyed Crown Land in the vicinity of Jamie Creek. Lillooet district, containing 0.33 hectares, more or less, located at (latitude/longitude) on Mt. Penrose (adjacent to Gun Lake), the additional permitted uses are: Private communications site and communications tower.

9 READ A FIRST TIME this 26 th day of July, READ A SECOND TIME this day of, PUBLIC HEARING WAIVED on the day of, READ A THIRD TIME this day of, ADOPTED this day of, Jack Crompton Chair Kristen Clark Corporate Officer

10 Appendix B Penrose Mountain Communication Site Location map Legend FWA - Named Point Features - Labels Elevation - Points (1:20,000) FCODE Spot Height Mountain Peak FWA - Linear Boundaries - Lines EDGE_TYPE Ice Field Or Glacier Boundary Waterbody Delimiter River Or Channel Delimiter Lake Shoreline Lake And Wetland Shoreline Lake Shoreline Delimiter Island Shoreline Island And Wetland Shoreline Wetland Shoreline River - Right Bank River And Wetland - Right Bank River - Left Bank River And Wetland - Left Bank Island In River - Right Bank Island With Wetland In River - Right Bank Island In River - Left Bank Island and Wetland In River - Left Bank Canal Or Reservoir Administrative Boundary Water - Rivers, Creeks, Shorelines, etc. (1:20,000) km 0 FCODE 1: 50,000 Canal Dam Dam - Beaver Copyright/Disclaimer Ditch The material contained in this web site is owned by the Falls Government of British Columbia and protected by copyright law. It may not be reproduced or redistributed Flume without the prior written permission of the Province of British Columbia. To request permission to reproduce all or part of the material on this web site please complete Rapids the Copyright Permission Request Form which can be accessed through River the Copyright Information Page. or Stream - Definite CAUTION: Maps obtained this site are not designed River orusing Stream - Dry to assist in navigation. These maps may be generalized and may not reflectriver current orconditions. Stream -Uncharted Indefinitehazards may exist. DO NOT USE THESE MAPS FOR NAVIGATIONAL PURPOSES. River or Stream - Left Bank River or Stream - Right Bank Datum: NAD83 Projection: NAD_1983_BC_Environment_Albers Dam - section Base Flooded Land - Inundated Lake - Definite Key Map of British Columbia Lake - Indefinite Lake - Intermittent Reservoir - Definite Reservoir - Indefinite Reservoir - Intermittent Marsh Swamp Glacier

11 AGREEMENT FOR COMMUNICATION EQUIPMENT THIS AGREEMENT made as of the 23 rd day of June, BETWEEN: Jamie Creek LP 36, Lajeunesse Street Kingsey Falls, Quebec J0A 1B0 (the Company ) AND: Gun Lake Fire Protection Society 22 Lakeview Gold Bridge, British Columbia V0K 1P0 (the GLFPS ) Jamie Creek LP is the owner of Jamie Creek Hydroelectric Plant located on the south shore of Downton Lake. The current satellite communication system at the plant is unreliable and with the new Telus service in the Gun Lake area, Jamie Creek LP is planning to install a new microwave communication system to improve personnel safety and remote monitoring and operation of the plant. The proposed project will include a relay communication site on the ridge of Mount Penrose between the GLFPS building and Jamie Creek hydroelectric plant. This agreement presents the terms for the installation and maintenance of the Communication equipment at the GLFPS building. 1. Jamie Creek LP hereby agrees : a. to install the network hardware, radio power supplies and safety equipment in a 4 ft x 4 ft area inside the GLFPS building b. to install a 16 ft monopole antenna with dish attached to the GLFPS building (outside) c. to pay a fixed annual amenity of $ xx.xx to cover part of the building operation cost (prorated to the surface area used for the Communication equipment) i) within 30 days of the date on which Jamie Creek LP installs the Communication equipment at the GLFPS site; ii) on July 1st of each and every year following the year in which the Communication equipment is installed for so long as Jamie Creek LP uses the GLFPS site for its Communication equipment. Communication Equipment Agreement 1

12 d. to provide GLFPS with 2 mbps internet service e. to ask permission to GLFPS President or Vice-President to access the GLFPS building (inside or outside), each time Jamie Creek LP staff, consultants or contractors need to carry out maintenance tasks on the Communication equipment. 2. GLFPS hereby agrees : a. to maintain the site, building and grounds, at all times b. to pay all site operation fees (lease, BC hydro, insurance, etc.) c. GLFPS President or Vice-President to grant access within 24 hours, upon request, to the GLFPS building (inside or outside) for the maintenance of the Communication equipment by Jamie Creek LP staff, consultants or contractors. 3. Termination a. Either party may terminate this Agreement for any reason on ninety (90) days written notice to the other party; b. Upon termination of this Agreement, GLFPS shall repay to Jamie Creek LP or, as the case may be, Jamie Creek LP shall pay to GLFPS a pro-rate portion of the annual amenity paid, or due to be paid, in relation to the current calendar year. JAMIE CREEK LP Per: Authorized Signatory Authorized Signatory Name and title GUN LAKE FIRE PROTECTION SOCIETY Per: Authorized Signatory Authorized Signatory Name and title Communication Equipment Agreement 2