BOWEN ISLAND. Municipality

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1 To: Mayor Skeels and Council BOWEN ISLAND Municipality From: Daniel Martin, Island Community Planner Date: September 1, 2017 Meeting Date: September 11,2017 Subject: Water General 1 (b) Zone Amendments File No. RZ-O RECOMMENDATION That Bylaw No. 445, 2017 cited as Bowen island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017 be read a first time; That Council refer Bylaw No. 445, 2017 to the Advisory Planning Commission and the Islands Trust; and That Council direct staff to report back with the results of the referral of the application. PURPOSE To provide Council with information on an application to amend the Water General 1 (b) zone in the Land Use By/aw to clarify prohibited uses in this zone. A draft bylaw is presented for consideration of first reading and discussion. BACKGROUND In May 2015 Council adopted Bylaw No. 381 which created the zone variation WG1(b) for the foreshore and water area surrounding Cape Roger Curtis. This bylaw was intended to prohibit the construction of private moorage facilities in the area. Council Reports at the time spoke to the OfficialCommunity Plan vision for Cape Roger Curtis, and the unique coastal ecology to be preserved. Following adoption of this bylaw owners of properties in Cape Roger Curtis challenged the validity of the bylaw, and the Courts determined that Bylaw No. 381 was a valid use of the municipality's zoning power. To clarify the prohibition in Bylaw No. 381 on October Council made the following motion: That staff he directed to commence preparation of an amendment to the Land Use Bylaw, consistent with Council's intention that Bylaw No.381, 2015 stop all further docks at Cape Roger Curtis, to provide, for greater certainty, that the Land Use Bylaw prohibits the construction or placement of any form of private dock, pier, wharf, raft or boat lift facilities at the lands known as Cape Roger Curtis, District Lot 1548, and that prohibits docking, launching from affixed equipment or structures, or moorage in the sea bed adjacent to that area other than temporary moorage for a navigational or emergency purpose. In July, the Court of Appeal recognized that Council's intention to prohibit all docks in the zone was clear. However, the Court found that the wording in Bylaw No. 381 was not sufficiently broad to capture all potential docks. Following this decision and Council direction staff have brought a bylaw to amend the WG1(b) zone to capture all potential docks. Figure 1 Zoning Map

2 . /1, ",«\"}* "" MJ fr,' L. l it?x l lg > «... _ \.... I l... " V r "3. I SR1(a),. ". _ S DETAILSOF THE APPLICATION Land Use Bylaw The Water General 1 (b) zone variation lists the following uses as not permitted: i. Community Dock, ii. Group Moorage Facility iii. Private Moorage Facility iv. Permanent Moorage Official Community Plan: Bowen's Official Community Plan recognizes the unique ecology of Cape Roger Curtis, and seeks to conserve the significant marine shoreline. This is outlined in, among others, the following Objective and Policy. Objective 40 To encourage the retention of portions of Cape Roger Curtis in a natural state accessible to the public, including ecologically sensitive coastal bluffs, other sensitive ecosystems such as Arbutus and Douglas Fir Woodland, portions of the shoreline, archaeological features, viewpoints, and signi?cant marine shorelines. Policy 152 Notwithstanding that Cape Roger Curtis has an approved subdivision plan, the Municipality continues to promote the public interest at Cape Roger Curtis by encouraging the development of the site to: 0 conserve the majority of the coastline for eco system protection, but especially the south facing ecologically sensitive and unique coastal bluff;

3 59, 0 where there are no adverse ecological impacts, develop public, waterfront, walking trails along the majority of the coastline, connecting to the cross~is and greenway; 0 protect environmentally sensitive areas and rare species; 0 cluster homes and any other structures in any new development to reduce land disturbance, maximize green space and the opportunity for trails, and facilitate transportation alternatives; and I minimize and mitigate any negative impacts from Cape Roger Curtis development on the adjacent neighbourhoods and on the island community as a whole. PROPOSED AMENDMENT The proposed amendment would clarify the prohibited uses to better address Council's direction and OfficialCommunity Plan objectives. Bylaw 445 would amend the zone variation WG 1 (b) zone to read as follows: Despite any other provision in this Bylaw, the following structures, facilities and uses are not permitted in the marine coastal area that extends 300 metres seaward from the natural boundary, sea, fronting the lands known as Cape Roger Curtis, legally described as Lots 1 District Lot 1548, Group 1, New Westminster District, Plan 43265A: (a) a dock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, whether or not i. consisting of or including one or more floats, ramps or gangways on or over the surface of the water; ii. consisting of or including a vessel lifting device; iii. allowing for pedestrian access to and from the shore or an upland lot; iv. a community dock, group moorage facility or private moorage facility as defined in this Bylaw; v. as a principal use or structure; or vi. as an accessory use or structure. but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or (b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation. FINANCIALIMPLICATIONS This application is not anticipated to have financial impacts for the municipality. COMMUNICATION STRATEGY Following granting of First Reading, the next review of this application will include referral to Islands Trust and the Advisory Planning Commission. In accordance with the Local Government Act, a public hearing will take place before third reading.

4 lsland SUMMARY/ CONCLUSION The proposed amendment will clarify prohibited uses in the Water General 1 (b) zone. Staff recommend Council give first reading to Bylaw No. 445 and start the referral process. ALTERNATIVES Council has the following options available: 1. Give first reading to Bylaw No and direct staff to conduct external referrals; 2. That Council refer the proposal back to staff for further information; 3. That Council direct staff to not pursue the proposal any further; or 4 Other options as determined by Council. Attachments and References: Attachment 1 Draft Amendment Bylaw No. 445, Attachment 2 Trust Policy Checklist SUBMITTED BY: Daniel Martin island Community Planner REVIEWED/APPROVED BY: Kathy Lalonde Chief Administrative Officer Bylaw Services Fire & Emergency Cl Cl Planning Public Library Public Works Cl Cl Recreation & Community Services El Finance El Corporate Services K4.

5 WG 59, BOWEN ISLANDMUNICIPALITY BYLAWNo. 445, 2017 A Bylaw to amend Bowen island Municipality Land Use Bylaw No. 57, 2002 WHEREAS Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land and water within the Bowen Island Municipality; AND WHEREAS the Council of the Municipality wishes to minimize negative impacts from development in the Cape Roger Curtis area and to protect the natural and scenic values of the coastline of that area; AND WHEREASthe Council of Bowen Island Municipality deems it necessary Municipality Land Use Bylaw No.57, 2002"; to amend "Bowen island THEREFORE,Council, in open meeting assembled, enacts as follows: 1. This Bylaw may be cited for all purposes as "Bowen island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 445, 2017". 2. "Bowen Island Land Use Bylaw No. 57, 2002" is hereby amended at Section [Exceptions in Particular Locations], by deleting subsection (4) and substituting the following: (4) Zone Variation 1 (b) Despite any other provision in this Bylaw, the following structures, facilities and uses are not permitted in the marine coastal area that extends 300 metres seaward from the natural boundary, sea, fronting the lands known as Cape Roger Curtis, legally described as Lots 1 District Lot 1548, Group 1, New Westminster District, Plan 43265A: (a) a clock, pier, wharf, piling or other structure or facility connected or affixed to the seabed or connected or affixed to the shoreline or an upland lot by any means, whether or not i. consisting of or including one or more floats, ramps or gangways on or over the surface of the water; ii. consisting of or including a vessel lifting device; iii. allowing for pedestrian access to and from the shore or an upland lot; iv. a community dock, group moorage facility or private moorage facility as defined in this Bylaw; v. as a principal use or structure; or vi. as an accessory use or structure. Bowen Island Municipality Land Use Bylaw N0. 57, 2002, Amendment Bylaw No. 445, Page 1 of2

6 day day but not including a buoy, anchor or other navigational aid that is normally carried in the vessel to be moored; or (b) moorage, other than moorage that is necessary or incidental to a navigational purpose or to deal with a life safety incident or other emergency situation. READ A FIRST TIME this T of, 2017; READA SECONDTIME this day of, 2017; Public Hearing held this _ day of 2017; READ A THIRD TIME this j of, 2017; AND FINALLYADOPTED this day of 2017 Murray Skeels Hope Dallas Mayor Deputy Corporate Officer Bowen Island Municipality Land Use Bylaw No. 5 7, 2002, Amendment Bylaw No. 445, Page 2 of2

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