Notice of Public Hearing
7:30 PM on Monday, October 1, 2018
in Council Chambers
Municipal Hall, 981 Artisan Lane, Bowen Island
Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 466, 2018
PROJECT DESCRIPTION:
Council is considering changes to the Water General 1 Zone. The proposed changes would create an additional requirement that any community docks, private moorage facilities, or group moorage facilities be located such that they would not physically divide a beach, limit or restrict public use of a beach, or negatively impact eelgrass beds or patches.
MORE INFORMATION AT MUNICIPAL HALL:
The proposed bylaw and background material may be viewed on this page below, or at Municipal Hall between 8:30 AM and 4:30 PM, Monday through Friday (excluding statutory holidays).
YOUR COMMENTS ARE WELCOME:
Written submissions may be delivered to Municipal Hall:
- In person
- By mail to 981 Artisan Lane, Bowen Island, BC, V0N1G2
- By fax to 604-947-0193
- By email to bim@bimbc.ca
Submissions may also be made to Mayor and Council at the public hearing. To ensure a fair process, submissions cannot be accepted once the Public Hearing has ended.
Questions? Please contact Daniel Martin, Manager of Planning and Development at 604-947-4255 or by email at dmartin@bimbc.ca
Background information
Notice of Public Hearing
Proposed Bowen Island Municipality Bylaws
Council resolutions
September 4, 2018 – Regular Council Meeting
| RES#18-377 | It was Moved and Seconded That Bylaw No. 466, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No 466, 2018” be read a second time as amended; and That Council refer Bylaw No. 466, 2018 to a Public Hearing. CARRIED Councillors Ander, Morse and Kaile in Opposition |
July 9, 2018 – Regular Council Meeting
| RES#18-312 | It was Moved and Seconded That Council request staff to provide comment on the ramifications of changing the wording in Bylaw 466, 2018, Section 4.13.1(1)(d) from “…eelgrass meadows…” to “…eelgrass habitat…”. CARRIED UNANIMOUSLY |
| RES#18-313 | It was Moved and Seconded That Bylaw No. 466, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 466, 2018” be read a first time; and That staff be directed to undertake referrals and report back to Council. CARRIED Councillors Ander and Morse in Opposition |
| RES#18-314 | It was Moved and Seconded That Council direct staff to provide the definition and impact of amending Bylaw No. 466, 2018 section 4.13.1(1) from “…beach…” to “…public beach…”. DEFEATED Mayor Skeels, Councillors Mason and Fast in Opposition |
April 23, 2018 – Regular Council Meeting
| RES#18-186 | It was Moved and Seconded That Council instruct staff to begin preparation of a bylaw to amend Land Use Bylaw No. 57, 2002 to prohibit dock construction across beaches, recreational foreshore and adjacent to public accesses to the ocean and that the Chief Administrative Officer report back to Council. CARRIED Councillors Morse, Ander and Kaile in Opposition |
July 23, 2018 – Regular Council Meeting
RES#18-330
That Council refer the attached Islands Trust Policy Statement Checklist for consideration with Bylaw No. 466, 2018 to the Islands Trust Executive.
Committee Resolutions
September 17, 2018 – Advisory Planning Commission Meeting Minutes
| It was Moved and Seconded That the Advisory Planning Commission recommend that Bylaw No. 466, 2018, a bylaw to amend the Water General 1 Zone, not be amended as proposed, but rather that the existing wording in Bylaw No. 57, 2002, as is currently written with the addition of proposed amendment sections (d) and (e) regarding eelgrass, kelp and crustacean protection; and, That the Advisory Planning Commission recommend that Council direct staff to identify specific beaches on Bowen Island that are not appropriate for dock construction. CARRIED UNAMINOUSLY |
September 17, 2018 – Excerpt from Advisory Planning Commission Meeting Minutes
| Daniel Martin, Manager of Planning and Development re: Bylaw No. 466, 2018 (Rezoning Amendment – WG1 Amendment) | Daniel Martin, Manager of Planning and Development, provided the following documents to inform discussion regarding the proposed Bylaw No. 466, 2018 Rezoning Amendment – Water General 1 Zone Amendment: Referral letter to the APC dated September 11, 2018 Council report dated April 18, 2018 Council report dated July 4, 2018 Council report dated August 17, 2018 Council presentation APC presentation The suggested amendment under discussion included the following: Any Community dock, private moorage facility or group moorage facility shall be located such that it will not: Physically divide a beach; Impede pedestrian access along the beach portion of the foreshore; Limit or restrict public use of a beach; Negatively impact eelgrass meadows, beds or patches; or, Negatively impact kelp beds, clam beds or mussel beds. Discussion included: Possible definitions of “beach” and “recreational foreshore” Defining physically dividing a beach: Tunstall Bay was cited as having a dock which crosses a beach but does not impede pedestrian access to the beach Bowen Bay was cited as an example of an area where a private dock would have a negative impact on public enjoyment of a beach Bullet (a) nullifies points (b and c) Bullet (a) would prohibit a resident who owned water-access only property from accessing their property by boat. Bullet (c) also addresses issues of public access to the sea Advisability of First Nations engagement Council motivations for revising the bylaw It was suggested that beaches be identified on a topographic map, that there be defined beach standards, and that each beach be individually zoned or that the island be divided into two or three different water zones |
It was Moved and Seconded
That the Advisory Planning Commission recommend that Bylaw No. 466, 2018, a bylaw to amend the Water General 1 Zone, not be amended as proposed, but rather that the existing wording in Bylaw No. 57, 2002, as is currently written with the addition of proposed amendment sections (d) and (e) regarding eelgrass, kelp and crustacean protection; and,
That the Advisory Planning Commission recommend that Council direct staff to identify specific beaches on Bowen Island that are not appropriate for dock construction.
CARRIED UNANIMOUSLY
Staff reports
- Report from Mayor Murray Skeels to Mayor & Council presented to Council on April 23, 2018 re: Bylaw to Prohibit Docks on Beaches.
- Report from Kathy Lalonde, CAO to presented to Mayor Skeels and Council on July 9, 2018 re: First Reading.
- Report from Daniel Martin presented to Mayor Skeels & Council July 23rd,2018 re: Islands Trust Checklist.
- Report from Daniel Martin presented to Mayor Skeels & Council on September 4, 2018 re: Bylaw No. 466, 2018 Second Reading and refer to a Public Hearing.
Staff Presentations
- Power Point Presentation to Mayor & Council dated September 4, 2018.
- Power Point Presentation dated to the Advisory Planning Commission dated September 17, 2018.
Public comments
- Email from Bruce Russell dated July 9, 2018.
- Email from Dennis Vetter dated July 22, 2018.
- Letter from Imke Zimmerman dated Sept. 9, 2018
- Email from Murray Atherton dated September 25, 2018
- Email from Bruce Russell dated September 25, 2018.
- Email from Sue & Crow Lucas dated September 25, 2018
- Email from Ken Hallatt dated September 25, 2018.
- Email from Reidun van Kervel dated September 26, 2018
Associated information
Base bylaws being amended
Copies of base bylaws are available at Bowen Island Municipal Hall.