It finally happened.
The District of Squamish’s first phased development agreement (PDA) passed third reading at a special business council meeting Tuesday night.
A public hearing on the PDA was opened and recessed four times, making Tuesday’s council meeting the fifth to deal with this one document.
“The land use has been set for a couple of months now and this was the agreement that essentially solidifies it for 20 years and figures out a way to deliver it,” said Mayor Patricia Heintzman.
The agreement is a condition of sale of the 105-acre Oceanfront Lands by Squamish Oceanfront Development Corporation – an offshoot of the district – to Newport Beach Developments. The sale was originally set to close in April.
A phased development agreement (PDA) freezes the land use at the time of the agreement, which provides certainty for the developer that future councils won’t change the zoning on the land. In exchange, the municipality receives amenities such as an oceanfront park and walkway.
The PDA can be changed if both parties agree to change it, according to Linda Glenday, acting chief administrative officer.
Controversy over the agreement arose early, with industry neighbours to the property, including the Squamish Terminals and the Squamish and District Forestry Association, concerned the future residents of the development would complain about dust, noise and light from the normal operations of the nearby companies. The result is two industry covenants.
The first covenant, K1, applies to the marine flex zone, which is adjacent to the Squamish Terminals. A professional noise study by acoustic engineers and building design modifications by the developer based on the study recommendations is required before residents are allowed to move in to housing in that area, according to Glenday.
The second covenant, K2, applies to the other nine precinct lots and is a general warning to all future owners and tenants that there will be industry noise, dust, light and other disturbances.
The covenants are section 219, which means they stay with the land if units get sold.
Heintzman acknowledged industry concerns in her support for third reading of the PDA.
“We do need to make sure we are balancing the different needs out in the community, and I want to commend and thank the industry representatives for being so dogged, and they really did help make it better – both covenants,” she said.
“I know it is not 100 per cent of what they want, but the intention is to make sure everyone can co-exist out into the future.”
Some industry representatives were not pleased the agreement was passed with the current covenants.
“For the forest industry at Site B, the district’s covenant offers only a warning to future residents that they are in proximity to industry. It does not include any substantive, proactive measures to avoid future conflict,” Mike Wallace, president of the Squamish and District Forestry Association, said in an email Tuesday night after the council meeting.
“There is no provision in the covenant for modifying or restricting plans on the part of the oceanfront developer as part of a proactive strategy. We would all, including the municipality, benefit from a proactive strategy.”
Councillor Karen Elliott said the agreement was as fair as it could be.
“Certainly it’s important for this council that we are building a resilient economy for all industry that is here and future industry that wants to come to Squamish. Maybe we didn’t get it perfect on all the covenants, but I think we did a good job of balancing those needs,” she said.
Other covenants that were part of the PDA include a rental pool covenant, which allows the owners of units to rent them out through a rental agency, and a flood mitigation covenant.
The PDA now goes to the provincial inspector of municipalities for approval before coming back to council for adoption.
Two other bylaws essential to the Oceanfront Land deal passed first and second readings as well Tuesday night: the Development Cost Charge Frontender Agreement and the Municipal Share Authorization Agreement.
