Date: December 2, 2016 Meeting Date: December 12, 2016

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1 To: From: Mayor Skeels and Council Daniel Martin, Island Community Planner Date: December 2, 2016 Meeting Date: December 12, 2016 Subject: Crown Land Referral (284 Smugglers Cove Road); Lot 3 Block 13 DL 823 Plan PID: File No RECOMMENDATION Whereas Bowen Island Municipality has received a referral from Ministry of Forestry, Land and Natural Resource Operations for Crown Land Application File No located at 284 Smugglers Cove Road; Therefore be it resolved that Council direct staff to indicate that Bowen Island Municipality has no objection to the tenure application. PURPOSE Bowen Island Municipality has received a referral from the Ministry of Forest, Lands, and Natural Resource Operations (MLFNRO) regarding a specific permission for a private moorage tenure. Staff have prepared a draft response, and seek input from Council prior to responding to the referral. BACKGROUND 284 Smuggler Cove Road, located on the north side of Bowen in the Hood Point Neighbourhood, has submitted an application for specific permission for a Private Moorage Facility to the Ministry of Forest, Lands and Natural Resource Operations (MFLNRO). Bowen Island Municipality has been invited to comment on the Crown Land application. After reviewing the application, staff have suggested responses to the questions and provided sample text in the recommendation. Application Review Referral was received on April 8, 2016, and a response was sought by May 8, Staff requested an extension, as applicant had not provided information on the proposed moorage facility s impact on eelgrass meadows, kelp beds, mussel beds, and clam beds. This information was provided on November 14, Planning Staff have reviewed the application for compliance with Bowen Island Municipality s Land Use Bylaw, in particular regulations found in the Water General 1 (Coastal) WG 1 Zone. A checklist is attached to this report. Private moorage facility is a permitted use on this property, and application complies with all size and setback regulations in the WG-1 Zone. Eelgrass meadows are located to the north of the proposed moorage facility, and the attached report from PGL group lists mitigating measures to ensure that there is no negative impact prior to moorage facility complying with Land Use Bylaw regulations.

2 Figure 1 - Context ALTERNATIVES 1. That Council recommends refusal of this project; 2. That Council provide additional comment to MLFNRO; 3. Other implications as identified by Council FINANCIAL IMPLICATIONS There are no identified financial implications. COMMUNICATION STRATEGY Staff, as directed by Council, will include comments from Council regarding CLR in the response letter to MFLNRO. Any comments made by Council will be communicated to the public through the Council Meeting Minutes, which are available on the Municipal website and at the Municipal Office. SUMMARY / CONCLUSION Bowen Island Municipality has received a referral from MFLRNO for a private moorage facility application. Staff recommend that Council has no objection to the proposed moorage facility. Attachments and References: Attachment 1 Land Use Bylaw Compliance Check Attachment 2 Referral Package Attachment 3 PGL Environmental Impact Assessment Report SUBMITTED BY: Daniel Martin Island Community Planner

3 REVIEWED/APPROVED BY: Kathy Lalonde Chief Administrative Officer DEPARTMENTAL REVIEW: Bylaw Services Planning

4 Attachment 1: Compliance with Land Use Bylaw Regulation Minimum Setback for buildings/structures: 1.5 metres Minimum Setback from Property Line Projections: 5 metres Setback from other moorage facility: 10 metres Setback from any lot abutting public beach access: 10 metres Accessory to Upland Residents only Not impede pedestrian access along beach portion of foreshore Not impact eelgrass meadows, kelp beds, clam beds, or mussel beds Maximum area of all private moorage facilities: Maximum 37 m 2 Maximum width of all gangways to access floats to all moorage facilities: Max 1.5 metres Maximum length of private moorage facility from natural high water mark to extent of all gangways and floats that are accessed measured at high tide: 40 metres Application comply with any Covenant requirements? Comply YES YES YES YES YES YES YES YES YES YES N/A

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