2. THAT Bylaw , cited as Squamish Lillooet Regional District Zoning Bylaw No. 540,

Transcription

1 REQUEST FOR DECISION Zoning for Upper Squamish Valley, including Medical Marihuana Regulations Electoral Area D Zoning Amendment Bylaw No Official Community Plan Amendment Bylaw No Meeting date: October 27, 2014 To: SLRD Board of Directors RECOMMENDATIONS: 1. THAT Bylaw , cited as Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No be read a third time, as amended. 2. THAT Bylaw , cited as Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No be adopted. 3. THAT Bylaw , cited as Squamish Lillooet Regional District Electoral Area D Official Community Plan Bylaw No , Amendment Bylaw No be read a third time. 4. THAT Bylaw , cited as Squamish Lillooet Regional District Electoral Area D Official Community Plan Bylaw No , Amendment Bylaw No be adopted. KEY ISSUES/CONCEPTS: A second public hearing was held on Monday October 20, 2014 at 7 pm in the Tantalus room at the Sea to Sky Hotel in Squamish. Bylaw will amend Zoning Bylaw No. 540, 1994 which is one of three Electoral Area D zoning bylaws. The purpose of Bylaw is to establish agricultural zoning in the Upper Squamish Valley and provide regulations for medical marihuana production facilities. Bylaw will amend the Electoral Area D OCP to address medical marihuana through the creation of a development permit area for form and character issues. The summary of the public hearing is outlined in this report, and the minutes are attached as Appendix 3. BACKGROUND: The first public hearing was compromised so a new public hearing was required. At the July 28, 2014 Board meeting, second reading was rescinded for both Bylaw and Bylaw At the October 1, 2014 Board meeting, the Board provided further direction for revised medical marihuana regulations in Areas C and D. The resolutions specific to Area D were as follows: 1

2 THAT Bylaw No for Electoral Area D, cited as Squamish Lillooet Regional District Zoning Bylaw No. 540, 1994, Amendment Bylaw No , be amended as follows: (a) The minimum parcel size for a medical marihuana use in the Agriculture Zone shall be 60 Hectares; (b) Where parcels have split zoning, there shall only be one medical marihuana production facility per parcel. On October 1, 2014, the SLRD Board gave Bylaw second reading as amended to reflect the above, and gave Bylaw second reading. RELEVANT POLICIES: Zoning Bylaw No. 540, 1994 Electoral Area D Official Community Plan Bylaw No PUBLIC HEARING SUMMARY: Electoral Area D Director Moe Freitag chaired the meeting with 15 members of the public attending along with SLRD staff. A summary of the comments received at the public hearing is outlined below. Two written comments were received prior to the public hearing with two more being submitted during the public hearing. Concerns raised by verbal submissions regarding Bylaw & Bylaw included: The proposed parcel line setback for a medical marihuana facility was raised as an issue with respect to noise pollution. Several members of the public thought the 15 m setback was too small and should be increased. A concern was raised regarding the reduction of the minimum parcel size for medical marihuana production facilities from 100 ha to 60 ha. It was thought that this allowed too many parcels in the Upper Squamish Valley to be permitted for medical marihuana. o It should be noted that there is only one 100 ha parcel in the Upper Squamish Valley. There would be six parcels of 60 ha or greater in the same area. Concerns were raised regarding the potential for light pollution, and other negative visual effects from such industrial facilities, as well as the flood hazard in the valley. A concern regarding water and wastewater issues was also raised with respect to water demands and wastewater disposal. Concerns regarding the lack of fire service and limited police service in the Upper Squamish Valley were raised as in issue in the event of an emergency. Taking land out of production for an industrial use was also mentioned as a concern. The two written submissions received prior to the public hearing both supported the proposed bylaws as drafted. Regarding the two written submissions received during the public hearing, one did not support allowing medical marihuana in the Upper Squamish Valley, and one did not support allowing medical marihuana on parcels less than 100 ha. 2

3 ANALYSIS: Response to Public Hearing comments: In light of the noise pollution concern raised at the public hearing regarding the parcel line setback for a medical marihuana facility, staff have reviewed the issue and are proposing a new setback in the Agriculture (AGR1) zone of 25 m instead of the original 15 m. It is not proposed that this change for Resource Use (RU) zoned properties, as noise was not cited as a concern for parcels in the RU zone at the public hearing, and most of these properties allow for other uses that create significant noise. This will help address concerns about noise impacting neighbours in the rural Upper Squamish Valley, which has had historic issues with noise due to the bowl like topography in the area. Concerns regarding light pollution and visual impacts could be dealt with through the proposed Development Permit Area that will provide guidelines regarding architectural built form, landscaping, and site design aspects. Water and wastewater issues are regulated at the Provincial level either through the Ministry of Environment or the Vancouver Coastal Health Authority. OPTIONS: Option 1 Give Bylaw third reading as amended, give Bylaw third reading, and adopt both bylaws. Option 2 Do not give the bylaws third reading, and refer back to staff for more information. Preferred Option: Option 1 IMPLICATIONS FOLLOW UP ACTION: As per Board decision. CONCLUSION: A second public hearing was held with several concerns raised though only one issue (parcel line setbacks for medical marihuana facilities) prompted a change to the proposed zoning bylaw. As presented earlier in this report the setback from a parcel line for a medical marihuana facility has been increased from 15 m to 25 m. This is a change made after the public hearing that does not alter use or density in accordance with section 894 of the Local Government Act. Bylaw No and Bylaw No are now ready to be considered for third reading and adoption. 3

4 ATTACHMENTS: Appendix 1: Zoning Amendment Bylaw No Appendix 2: Electoral Area D OCP Amendment Bylaw No Appendix 3: Public Hearing Minutes Monday October 20, 2014 Prepared by: I. Holl, Planner Reviewed by: K. Needham, Director of Planning and Development Approved by: L. Flynn, Chief Administrative Officer 4

5 SQUAMISH-LILLOOET REGIONAL DISTRICT ZONING AMENDMENT BYLAW NO A bylaw to amend Electoral Area D Zoning Bylaw No. 540, 1994 to regulate Medical Marihuana Production Facilities WHEREAS the Board of the Squamish-Lillooet Regional District wishes to amend Electoral Area D Zoning Bylaw in order to regulate medical marihuana; NOW THEREFORE the 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 Zoning Bylaw No. 540, 1994, Amendment Bylaw No ) Squamish-Lillooet Regional District Zoning Bylaw No. 540, 1994 is hereby amended as follows: a) The definition of MEDICAL MARIHUANA PRODUCTION FACILITY is inserted after the definition of INTERPRETIVE CENTRE as follows: MEDICAL MARIHUANA PRODUCTION FACILITY means the growing, cultivation, storage, distribution or destruction of marihuana as lawfully permitted and authorized pursuant to the Federal Marihuana for Medical Purposes Regulations, as amended from time to time. b) The definition of HOME INDUSTRY is amended by deleting the final semi-colon and adding the words and excluding a medical marihuana production facility. c) Section 4- GENERAL REGULATIONS is amended by inserting sections after section 4.11 as follows: Split Zoned Parcels In the event that a parcel lies within more than one zone, uses, buildings and structures may be located only within a zone in which they are permitted, and the permissible density of uses, buildings, and structures must be calculated on the basis on the area of the parcel that is within the zone in which the use, building, or structure in question is permitted..1 Notwithstanding Section , where a parcel lies within more than one zone, only one medical marihuana production facility is permitted per parcel In the event that a parcel lies within more than one zone and this bylaw specifies minimum lot sizes for those zones, no lot may be created by subdivision of such lot that is smaller than the minimum specified for the zone in which the new lot lies..1 Whenever practicable the creation of a lot lying within two or more zones must be avoided.

6 .2 Where the creation of a lot lying within two or more zones is unavoidable, the lot must have an area equal to or greater than the minimum specified for that zone in which the greatest portion of the lot lies In the event that a parcel lies within more than one zone, the maximum number of dwellings that may be permitted on the entire parcel will be one regardless of parcel size. d) Section 6 (Resource Use Zone - RU) is amended by inserting a new section after section as follows: On parcels 10 hectares or greater the additional permitted uses are: (a) Medical marihuana production facility e) Section 6 (Resource Use Zone - RU) is amended by deleting section and replacing it as follows: On a parcel located in an area designated as RU, no building or structure shall be constructed, located or altered, and no plan of subdivision approved which contravenes the regulations set out in the table below. COLUMN 1 COLUMN 2 Matter to be Regulated Regulations Maximum number of dwellings 1 Minimum parcel area 15 ha Maximum floor area 2,500 m 2 Minimum parcel area zoned to allow for a medical marihuana production facility Minimum setback of a principal building from: 10 ha - front parcel line 7.5 m - rear parcel line 7.5 m - interior side parcel line 1.5 m - exterior side parcel line 4.5 m - watercourse (natural boundary) 25 m Minimum setback of an accessory building from: - front parcel line 7.5 m - rear parcel line 4.5 m - interior side parcel line 1.5 m - exterior side parcel line 4.5 m - watercourse (natural boundary) 15 m Minimum setback of a medical marihuana production facility from: - all parcel lines 15 m

7 Maximum height - principal building 11 m - accessory building 7 m - medical marihuana production facility 10 m The setback and height regulations in section shall not apply to an existing building that is re-purposed for a medical marihuana production facility, so long as that building has been issued a valid building permit. f) Section 14.1 is inserted after section 13.2 as follows: AGRICULTURE 1 (AGR1) ZONE Permitted Uses 14.1 In the AGR1 Zone the use of land, buildings and structures is restricted to: agriculture, including intensive agriculture aquaculture single family dwelling secondary suite manufactured home, only as per sections , and bed and breakfast home occupation home industry accessory buildings and accessory uses.2 On parcels of 2 ha or greater, the additional permitted uses are: Operation of a temporary sawmill if at least 50% of the volume of the timber is harvested from the farm or parcel on which the sawmill is located..3 On parcels of 60 ha or greater, the additional permitted uses are: medical marihuana production facility

8 Regulations 14.2 On a parcel located in the AGR1 Zone, no building or structure shall be constructed, located or altered, and no plan of subdivision approved which contravenes the regulations set out in the table below in which Column I sets out the matter to be regulated and Column II sets out the regulations. COLUMN I Matter to be Regulated.1 Minimum Parcel Area for New Subdivisions where land is: a) excluded from the ALR; or b) approved for subdivision within the ALR pursuant to the Agricultural Land Commission Act, Regulations thereto, or Orders of the Commission; or c) exempted by the Agricultural Land Commission Act, Regulations thereto, or Orders of the Commission..2 Maximum Number of Dwellings per Parcel COLUMN II Regulations 40 ha 1 single family dwelling an additional dwelling may be permitted based on one of the following conditions: For immediate family members only a manufactured home (9 m wide)may be installed in accordance with ALC guidelines and the issuance of an SLRD Building Permit For farm help a second dwelling may be built provided the property has farm status as per the BC Assessment Act and the Classification of Land as Farm Regulation. The SLRD also requires an assessment report from a Professional Agrologist stating that there is a need for a second dwelling commensurate with the present level of agriculture occurring on the property. If the second dwelling is for nonfarm use (also includes nonimmediate family members), then a non-farm use application to the ALC would be required prior to submitting a building permit

9 COLUMN I Matter to be Regulated COLUMN II Regulations application..3 Maximum Number of Secondary Suites per Single Family Dwelling 1.4 Maximum floor area for second single family dwelling or manufactured home 180 m 2 authorized under Section Minimum Setback from all parcel lines 7.5 m.6 Maximum Setback for single family dwelling or manufactured home from the front parcel line to the rear of the single family dwelling or manufactured home on parcels 4 ha or less 60 m on parcels greater than 4 ha 75 m.7 Minimum setback for medical marihuana production facility (from all parcel lines) 25 m.8 Maximum building height 10 m.9 Maximum floor area for a medical marihuana production facility 2,500 m 2.10 The setback and height regulations in section 14.2 (7-8) shall not apply to an existing building that is re-purposed for a medical marihuana production facility, so long as that building has been issued a valid building permit. g) The lands shown outlined shaded on the attached Schedule A to this bylaw are hereby rezoned from Unzoned to Agriculture 1 (AGR1). h) Section 5 Establishment of Zones is amended as follows: By adding the following to Table 1: Column I Column II BC1 Backcountry Commercial 1 (Amendment By-Law 1240) AGR1 Agriculture 1 (Amendment By-law 1308) i) The Table of Contents, Section 6, is amended as follows: By inserting the following after BC1 - BACKCOUNTRY COMMERCIAL 1 55 AGR1 - AGRICULTURE j) The definition of AGRICULTURE is inserted after the definition of ACCESSORY USE as follows:

10 AGRICULTURE means the use of land, buildings, and structures for the growing, producing, raising or keeping of animals and plants, including apiculture, and the primary products of those plants or animals. It includes the harvesting and processing of agricultural products, including the storing of agricultural products, the sale of agricultural products produced from the same parcel or same farm, the repair of farm machinery and related equipment used on the same farm. It also includes agroforestry, greenhouse and nursery uses, but does not include kennels, or a medical marihuana production facility. k) The definition of AQUACULTURE is inserted after the definition of APARTMENT as follows: AQUACULTURE means the growing and cultivation of aquatic plants, or fish, for commercial purposes, in any water environment or in man-made containers of water, and includes the growing and cultivation of shellfish on, in, or under the foreshore or in the water. l) The definition of INTENSIVE AGRICULTURE is inserted after the definition of HOME OCCUPATION as follows: INTENSIVE AGRICULTURE means a use of land, buildings, or structures for confinement of poultry, livestock or fur bearing animals, or the growing of mushrooms. m) The definition of MANUFACTURED HOME is inserted after the definition of INTERPRETIVE CENTRE as follows: MANUFACTURED HOME means a transportable prefabricated structure, whether ordinarily equipped with wheels or not, that is designed, constructed or manufactured to be moved from one place to another and to be used for residential use by a single family. The structure conforms to the CSA Z240 series standards of the Canadian Standards Association for manufactured homes. n) The definition of STRUCTURE is replaced by the following: STRUCTURE means any erection or construction fixed to, supported by or sunk into land or water, but does not include: concrete, asphalt, brick, tile or other artificial surfacing on a site. fences or walls having a height less than or equal to the maximum height permitted under this bylaw. pools.

11 q) The following new section 4.12 is inserted in the General Regulations immediately after Section 4.11: Fence Height 4.12 Fences in all zones shall be a maximum of 1.8 m..1 Fences in Agriculture zones, where a fence is used for agricultural purposes as part of a bona fide farm operation on land classified as a farm under the Assessment Act, shall be exempt from Section r) The following new section is inserted in the General Regulations under Siting Exemptions immediately after Section 4.4.8: retaining walls 3) If any section, subsection, clause or phrase of this bylaw is held to be invalid for any reason by a court or competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the bylaw.

12 READ A FIRST time this 24 th day of FEBRUARY, 2014 READ A SECOND time this 28 th day of APRIL, 2014 PUBLIC HEARING HELD on 17 th day of JUNE, 2014 SECOND READING RESCINDED this 28 th day of JULY, 2014 READ A SECOND TIME this 1 st day of OCTOBER, 2014 PUBLIC HEARING HELD this 20 th day of OCTOBER, 2014 READ A THIRD time this 27 th day of OCTOBER, 2014 ADOPTED this 27 th day of OCTOBER, 2014 Patricia Heintzman Chair Peter DeJong Secretary

13 E PL DL 1033 PT 5 PL LM P35196 A PL BLK B DL 1034 BLK 10 PL 4352 BLK 9 BLK 11 DL 1034 Hensman Rd BLK 12 BLK DL BLK 14 BLK C 2290 DL 1513 BLK PT C PL DL 1033 BLK G PL PL PL 4747 BLK E BLK B PL RP BLK D 2 PL Olsen Rd Wall St A PL BLK 6 BLK 5 BLK PT DL 1034 BLK BLK 3 BLK 4 BLK 17 BLK BLK DeBoer Lane 2151 BLK 18 DL 1034 BLK 1 BLK 15 Drummond Rd BLK B BLK B PL RP BLK A BLK D Lynn Rd DL DL 1513 BLK D DL DL 990 DL 989 BLK 2 BLK Squamish Valley FSR 2 PL BLK 5 BLK BLK 7 Doghaven Lane BLK 8 Magee Rd BLK BLK DL 990 PL EP6985 BLK DL 989 BLK 10 BLK 9 PL BCP45930 PL BCP1263 DL 988 BLK BLK 14 BLK 15PL BLK A DL 991 & 4053 Magee Lane DL 1954 unsigned DL DL 2520 DL DL 993 &1512 PL BCP38220 DLS & DL 982 PL DL 993 DL PL BCS CP DLS & CP BLK A DL DLS & DL DL Rustad Rd S DL 981 DL DL CP

14 SQUAMISH-LILLOOET REGIONAL DISTRICT ZONING AMENDMENT BYLAW NO A bylaw to amend Electoral Area D Official Community Plan Bylaw No to regulate Medical Marihuana Production Facilities WHEREAS the Board of the Squamish-Lillooet Regional District wishes to amend Electoral Area D Official Community Bylaw in order to regulate Medical Marihuana Production Facilities; NOW THEREFORE the 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 Electoral Area D Official Community Plan Bylaw No , Amendment Bylaw No ) Electoral Area D Official Community Plan Bylaw No is hereby amended as follows: a) By inserting section 7.8 after section 7.7 on the Table of Contents as follows: 7.8 MEDICAL MARIHUANA PRODUCTION FACILITY DEVELOPMENT PERMIT AREA 67 b) By inserting a Summary of Amendments table after the Table of Contents and including this amendment table therein as follows: BYLAW NO. SUMMARY OF BYLAW AMENDMENTS DATE OF ADOPTION Creating a Medical Marihuana Production Facility Development Permit Area, 201_ c) By inserting a definition of Medical Marihuana Production Facility in section 1.1 Definitions, after Marine Foreshore as follows: Medical marihuana production facility means the growing, cultivation, storage, distribution or destruction of marihuana as lawfully permitted and authorized pursuant to the Federal Marihuana for Medical Purposes Regulations, as amended from time to time. d) By inserting a new Section 7.8 on page 67 as follows: 7.8 MEDICAL MARIHUANA PRODUCTION FACILITY DEVELOPMENT PERMIT AREA

15 Category Pursuant to Section (1) (f) of the Local Government Act, the Medical Marihuana Production Facility Development Permit Area is designated for the establishment of objectives for the form and character of medical marihuana production facilities. Area All land within Electoral Area D of the Squamish-Lillooet Regional District has been designated as appropriate for a Medical Marihuana Production Facility Development Permit where such a use is proposed. Justification and Special Conditions The purpose of the designation of lands in Electoral Area D for a Medical Marihuana Production Facility Development Permit Area is: Electoral Area D contains many areas having high scenic values. The purpose of the Medical Marihuana Production Facility Development Permit Area is to set out guidelines to help ensure that development of medical marihuana production facilities is well suited to the environment, and does not result in buildings and structures that are at odds with the natural beauty and serenity of Electoral Area D. Applications shall be accompanied by plans indicating the following: Location of all existing and proposed buildings & structures, parking areas, and driveways. Extent and nature of existing and proposed landscaping and surfacing, including details of trees, ground cover, and other permeable and impermeable surfaces. The exterior materials of existing and proposed structures. Application A Medical Marihuana Production Facility Development Permit is required prior to the commencement of construction or erection of new buildings or structures. Exemptions A Medical Marihuana Production Facility Development Permit is not required for the following: Existing buildings and uses; Renovations within an existing building that do not involve any exterior modifications or any additional parking; Replacement of a sign face; Additions to existing buildings that are less than 50 m 2. Guidelines Applications for a development permit shall be accompanied by plans, including but not limited to survey plans, site development plans, grading plans, building plans, storm water management plans, landscape plans, lighting plans, and a written description of the proposal, to indicate how the proposed development is meeting the following guidelines:

16 1. Building Form & Character: a) Buildings shall be constructed of materials and colours that blend in well with the surrounding natural environment, suit the physical character and terrain of the site and reflect the mountain pastoral character. b) Wood or hardi-panel should feature predominantly in the finishing treatments. c) Traditional barn-like architecture, with gable, gambrel, raised or lean-to roof styles and cross-braced door finishings is encouraged. d) Mitigate the actual and perceived bulk of buildings by utilizing appropriate massing and detailing that creates a rhythm and visual interest along the line of the building (e.g. use of false or real hinged barn-style window or door elements) e) Utilize landscaping treatments to further soften the mass of building form (e.g. strategic placement of trees). f) Box-shaped tilt-up concrete or metal structures are not supported. 2. Landscaping and Buffering: a) Buffering of medical marihuana production facilities is important in order to ensure that these uses are not at odds with adjacent uses. b) Any federally required metal fencing shall be buffered with native planting. c) Top soil deep enough to allow for well-rooted planting and reduce irrigation requirements should be utilized. d) Use native species of trees or shrubs and utilize the planting of conifers to block winter winds and deciduous trees to create shade in the summer. e) Utilize cisterns to store water and provide irrigation. 3. Lighting and Signage: a) Minimize the amount of lighting on signs. Installation of video, reader board, and neon or LED signs is discouraged. Signs should be non-illuminated from within. b) Exterior lighting, including within a parking area, should be low intensity and not cause excessive night-time glow or glare. c) Use energy efficient exterior lighting systems with timers and sensors to provide light only when required. Ambient lighting should be minimized. d) Signage should be pedestrian oriented in scale. Large vehicular-based signage should be avoided. Appropriate forms of signage include: i) Signs mounted flush with building facades; ii) Wood carved and/or hand painted hanging signs above pathways. 3) If any section, subsection, clause or phrase of this bylaw is held to be invalid for any reason by a court or competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder of the bylaw.

17 READ A FIRST time this 24 th day of FEBRUARY, 2014 READ A SECOND time this 28 th day of APRIL, 2014 PUBLIC HEARING HELD on 17 th day of JUNE, 2014 SECOND READING RESCINDED this 28 th day of JULY, 2014 READ A SECOND TIME this 1 st day of OCTOBER, 2014 PUBLIC HEARING HELD this 20 th day of OCTOBER, 2014 READ A THIRD time this 27 th day of OCTOBER, 2014 ADOPTED this 27 th day of OCTOBER, 2014 Patricia Heintzman Chair Peter DeJong Secretary

18 PUBLIC HEARING Medical Marihuana & Zoning Amendments: Bylaw and Bylaw Area D Zoning Bylaw and Area D OCP Bylaw SQUAMISH-LILLOOET REGIONAL DISTRICT Minutes of a Public Hearing convened by the Squamish-Lillooet Regional District Board, held in the Sea to Sky Hotel, Squamish, BC on October 20, 2014, at 7:00 p.m. Present were: M. Freitag, Electoral Area D Director; K. Needham, Director of Planning & Development; I. Holl, Planner; C. Daniels, Planner (Recording Secretary), and 15 members of the public. CALL TO ORDER CHAIR S INTRODUCTORY COMMENTS Director Freitag introduced and called the meeting to order at 7:03 PM Good evening, my name is Moe Freitag, and as the Electoral Area D Director for the Squamish Lillooet Regional District Board, I will be chairing this public hearing. I would like to introduce Kim Needham, Director of Planning & Development, Ian Holl, Planner, and Claire Daniels, Planner, who will be recording your comments. I would like to note that we are on the traditional territory of the Squamish Nation and the Tsleil-Waututh Nation. This public hearing is convened pursuant to Section 890 of the Local Government Act to allow the public to make representations to the Board respecting matters contained in the proposed bylaws. Squamish Lillooet Regional District Electoral Area D Official Community Plan Bylaw No , Amendment Bylaw No ; and Squamish Lillooet Regional District Electoral Area D Zoning Bylaw No. 540, 1994, Amendment Bylaw No This public hearing was advertised in two issues of the Squamish Chief. Every one of you present who believes that your interest in the property is affected by the proposed bylaws shall be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw. None of you will be discouraged or prevented from making your views known. However, it is important that you restrict your remarks to matters contained in the proposed bylaws. When speaking please address the chair and commence your remarks by clearly stating your name and address.

19 This is Page 2 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. Members of the Regional Board may ask or respond to questions following a presentation. However, the function of the Board representatives at this public hearing is to listen rather than to debate the merits of the proposed bylaws. After this public hearing has concluded, the Regional Board may, without further notice or hearing, adopt or defeat the bylaws, or alter and then adopt the bylaws, provided that the alteration does not alter the use or density. May I remind you that tonight is your opportunity for input on the bylaws and that after the conclusion of this hearing, no further public comments can be received. To date, we have received two written submissions prior to the public hearing regarding the proposed medical marihuana and zoning amendments. I will now ask Ian Holl to introduce the bylaws. After Ian s presentation, the floor will be opened to members of the public, and you will be given the opportunity to speak to the bylaws. PLANNER PRESENTATION I. Holl, Planner, gave a power point presentation which described the proposed changes to Area D Zoning Bylaw No. 540, 1994, Amendment Bylaw No and Official Community Plan Bylaw No , Amendment Bylaw Focus was given to the changes made to the proposed amendment bylaws since the June 17, 2014 public hearing. He noted that one of the main changes was related to the proposed medical marihuana zoning bylaw provisions. The SLRD Board decided to decrease the minimum parcel size for medical marihuana production facility in the AGR1 Zone from 100 ha to 60 ha. He described several other changes made to reflect public input received at the first public hearing, including a removal of minimum parcel size requirement for a second dwelling, and changes to the proposed 50 m maximum setback for single family dwellings to regulate the siting of homes in and around farmland.

20 This is Page 3 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. Sister Magdalene Queen of Peace Monastery Asked if the 60 ha parcels were all owned. I. Holl noted that there were 6 parcels in total and that they were all owned. John Powell Squamish Valley Road Asked if an operation could go in right now if it met all the criteria. I. Holl explained that there are provisions under the Local Government Act that require building permit applications be taken to the Board as the permit would be in conflict with a bylaw under preparation. Ken Bayers Squamish Valley Road Noted that he and his wife are opposed to the new bylaw that changes the parcel size from 100 ha to 60 ha. He voiced his concerns regarding the potential for 6 industrial buildings in the Upper Squamish Valley. He noted that he understands that medical marihuana production facilities cannot be prohibited, but that it is better to only allow 1 than 6. He went on to note that such use does not fit with the current uses, as well as concerns over the negative impacts to property values, reduction in agriculture potential of land, lack of fire protection, limited police services, and the flood potential in the area. He concluded by stating that he would like to see the parcel size for medical marihuana production facilities go back to 100 ha or greater parcel size. Sister Magdalene Queen of Peace Monastery Noted that she would like to affirm everything Ken said. She further noted the beauty and unique character of the Valley, the importance of this for visitors and new families, and concerns around implications of new parcel size/increased potential for medical marihuana production facilities to disrupt the character of the Valley. She concluded by sharing her disappointment in the changes, and asked the SLRD to not reduce the minimum parcel size. Chris Sturton Squamish Valley Road Asked if it was correct that the Upper Squamish Valley is not zoned as anything so anyone can do anything. I. Holl noted that although the area is currently unregulated with respect to zoning, other regulations still apply. The ALR and building code were given as examples. C. Sturton asked if the area were to be zoned agriculture, would medical marihuana production be considered agriculture. He asked if the area was zoned something else, then would medical

21 This is Page 4 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. marihuana production facilities would be allowed. I. Holl explained that although medical marihuana production is viewed as agriculture by the Province, the SLRD proposes to regulate the use. He explained further that the SLRD is trying to align its zoning with the regulations of the ALC. Asked if the SLRD looks after the Meadows as well and how the two valleys compare in terms of zoning. I. Holl noted that there is a difference in terms of split zoning between the two valleys and that in Area D there is no split zoning proposed for the Upper Squamish Valley. Asked for confirmation that a medical marihuana production facility could be put in the Meadows. I. Holl confirmed yes, under (future) agriculture zoning. Director Freitag Noted that the process had been compromised on this issue. He went on to explain that the federal government is putting these ideas forward and downloading implementation onto local governments. He further explained that the decrease in parcel size associated with medical marihuana production facilities supports provincial policies coming forward, and that the perception cannot be that the SLRD is against such policies. Chris Sturton Squamish Valley Road Asked if the process was compromised by one person. Director Freitag noted yes. He explained that ultimately the SLRD is trying to find a middle ground and that it is not easy to manage the expectations of all three levels of government. Lisa Evans Squamish Valley Road Asked what happens if marihuana becomes legal and if a new bylaw would be required for non-medical marihuana production. Director Freitag noted that the SLRD does not know where the industry is going but that if marihuana was legalized there would still be medical marihuana production. K. Needham noted that the SLRD cannot predict the future and that the SLRD is trying to address the regulations currently before them. She further explained that whether or not marihuana is legal the SLRD will have the ability to regulate and that if the federal government implements changes the SLRD

22 This is Page 5 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. will come back to the public with new zoning and regulations, as a new bylaw will be required. Director Freitag noted that the issue has been debated at the Board level, as it is one of the biggest land use issues being dealt with. Ken Bayers Squamish Valley Road Asked that if it cannot be stopped, can the SLRD move back to the previous criteria? He asked if everyone in the room wants to go back to 100ha or greater parcels, can we do this. K. Needham explained that the SLRD has been in contact with legal counsel and cannot be seen as prohibiting a use. If the parcel size is set to only allow one property, this could be considered to be showing favouritism. Director Freitag noted that the SLRD Board is comfortable with the numbers being put forward, that these numbers align with provincial policy, and that being in disagreement with the province is not a good position to be in. He suggested that the SLRD should move in the direction being presented so as to not lose regulatory control altogether. K. Bayers asked if every community that has ALR land is going through this process. Director Freitag noted that all the Electoral Areas in the SLRD are undergoing this process. He noted that the Upper Squamish Valley is not an ideal location for medical marihuana facilities and that there are current facilities in Area D and Whistler, as well as applications in progress in Area C. He further noted that the facilities were not at all what they originally thought they would be. Trudy Bayers Squamish Valley Road Asked that once zoning is in place, and provided the applicant meets the zoning, can a medical marihuana production facility be put in place without further regulation. K. Needham noted that the facilities will be highly regulated in terms of form and character and there will be requirements around lighting; they will not look like industrial buildings. Director Freitag noted the security criteria and that the facilities want to look discrete. K. Needham further noted the SLRD is aware of the existing operations and that one would not know they are there. She also

23 This is Page 6 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. noted that there are fencing requirements. Director Freitag noted an existing operation in Area C, that it looked like a barn and that these operations want to be low key. Director Freitag Two late submissions were read by Director Freitag. Kim Needham Spoke to concerns raised regarding an alleged theme park in the Upper Squamish Valley. She explained that no application has been received and that the land in question, under the new zoning, would not allow for such a use. She further explained that even under the current un-zoned situation an application would need to be submitted to the ALC and that further review and public process would be required. She noted that there is not a lot to be concerned about with respect to a theme park at this time. Director Freitag noted that there are a number of transactions going on regularly in the Upper Squamish Valley, and that the website and staff are great resources. K. Needham noted that a bylaw will add a lot of clarity as to what is and is not allowed in the area. Sister Magdalene Queen of Peace Monastery Asked what the difference is between ALR and zoning. K. Needham explained that zoning is provided through SLRD regulations while the ALR is regulated at the provincial level. She further explained that part of this process is working to align these layers. Ken Bayers Squamish Valley Road Asked about sawmills. I. Holl noted that the bylaw wording was taken from the ALR. K. Bayers noted that enforcement is a key issue; and that you can make all the bylaws in the world but they need to be enforced. K. Needham explained that the SLRD can only enforce SLRD bylaws, that the ALC is responsible for dealing with their regulations, and that anyone who has enforcement concerns should contact the ALC.

24 This is Page 7 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. Chris Sturton Squamish Valley Road Asked if this process is happening in other areas in BC. Asked if the new bylaws will give more teeth to enforcement. K. Needham noted that the process is happening in other areas of BC and Canada but that it is up to local governments to determine zoning regulations. She noted the process that has occurred to get to this stage and that all the Electoral Areas agreed to the same approach, with Area C and D agreeing on the same regulations. She then went on to explain the four Electoral Areas within the SLRD, including their geographic location. Lisa Evans Squamish Valley Road Asked if there is a resource where the public can go to see what a medical marihuana production facility looks like and what environmental regulations are required. Director Freitag noted that the private sector provides resources and information through their websites. He further noted that business is looking for buildings to be close to infrastructure, resources and people. Asked if there are guidelines in place and where these might be accessed. K. Needham noted that the federal government has requirements in place when it comes to licensing while the SLRD implements regulations around form and charter through the OCP. Asked how the production facilities are going to be managed. K. Needham noted that Health Canada is the resource for further information about federal design requirements. Brian Malley Squamish Valley Road Asked about sound pollution emanating from fans. He noted that light pollution is seldom an issue but noise is an issue. He further noted that the minimum setback, as currently prescribed, does not provide enough space to buffer noise. He also noted wastewater as another concern. He stated that the biggest issues with medical marihuana production facilities are associated with noise and wastewater and that they need to be addressed.

25 This is Page 8 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. Sister Magdalene Queen of Peace Monastery Noted that larger setbacks could be a good idea. She also noted light pollution as an issue and suggested that downward facing lighting should be enforced. K. Needham noted that Brian raised a good point regarding setbacks and noise and that this is something staff can look at for a possible revision. Brian Malley Squamish Valley Road Noted that the issue of sound pollution could be addressed through setbacks and noise bylaws. Joanne Lynn Asked about wastewater. I. Holl noted that wastewater falls under the jurisdiction of health authorities and the Ministry of Environment to regulate. Ken Bayers Squamish Valley Road Asked how many medical marihuana production facilities had been approved. K. Needham noted that she thought that approximately 10 medical marihuana production facilities had been approved for all of Canada. She explained that there will be less demand once all the applications currently in progress go through the approvals process, and that this will likely take care of the current demand. Director Freitag TERMINATION Director Freitag called three times for further comment. Two written submissions were received. Sister Magdelene asked whether there were any existing medical marihuana production facilities in the area. Director Freitag responded that there is one medical marihuana production facility currently operating in Area D. There being no further comments, Director Freitag thanked everyone for taking the time to attend the meeting and terminated the public hearing for Squamish-Lillooet Regional District Medical Marihuana & Zoning Amendments: Electoral Area D Official Community Plan Bylaw No and Electoral Area D Zoning Bylaw No at 8:15 PM.

26 This is Page 9 of the Minutes of a Public Hearing convened by the Regional Board of the Squamish-Lillooet Regional District, held on October 20, 2014 at 7:00 p.m. M. Freitag, Chair C. Daniels, Recording Secretary