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STAFF REPORT DATE: July 12, 2019 FILE: 0540-04 EASC TO: Chair and Directors Electoral Areas Services Committee FROM: Dave Leitch

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STAFF REPORT DATE: July 12, 2019 FILE: 0540-04 EASC TO: Chair and Directors Electoral Areas Services Committee FROM: Dave Leitch STAFF REPORT DATE: July 12, 2019 FILE: 0540-04 EASC TO: Chair and Directors Electoral Areas Services Committee FROM: Dave Leitch Chief Administrative Officer RE: REZONING APPLICATIONS TO FACILITATE PRIVATE MOORAGE USE OF CROWN FORESHORE AT (A) SHOAL BAY, EAST THURLOW ISLAND, (B) DEEPWATER BAY, QUADRA ISLAND, AND (C) 2011 VALDES DRIVE, HERIOT BAY, QUADRA ISLAND. PLANNING FILE NOS. 3360-20/RZ 5C 19, RZ 6C 19 and RZ 7C 19 CROWN LAND TENURES: N/A PID NOS.: N/A APPLICANTS: Site 1 - John Moss / Laura Herro (Agent: Derek LeBouef) Site 2 - Bear Lake Holdings Ltd. (Devin Sweeney) Site 3 - Sean and Sharmina Murphy (Agent: Chris Bunn) LAND DESCRIPTIONS: Site 1 – Shoal Bay, East Thurlow Island (see Bylaw No. 355) That part of unsurveyed Crown foreshore or land covered by water being part of the bed of Shoal Bay, East Thurlow Island, within a 50-metre wide strip abutting District Lot 113, Range 1, Coast District, containing in total approximately 8.5 hectares. Site 2 – Deepwater Bay, Quadra Island (see Bylaw No. 356) That part of unsurveyed Crown foreshore or land covered by water being part of the bed of Deepwater Bay, within a 50-metre wide strip abutting District Lot 1493, Sayward District, Quadra Island, containing in total approximately 2.9 hectares. Site 3 – 2011 Valdes Drive, Heriot Bay, Quadra Island (see Bylaw No. 361) That part of unsurveyed Crown foreshore or land covered by water being part of the bed of Open Bay, within a 65-metre wide strip abutting the west shore of Lot 1, District Lot 1028, Sayward District, Quadra Island, Plan 42646, containing in total approximately 0.75 hectares. ZONING BYLAW: Bylaw No. 1213, Quadra Island Zoning Bylaw, 1990 EXISTING ZONES: Sites 1 and 2 Access Two (AC-2) and Site 3, Heritage One (HE-1) PROPOSED ZONE: Access One (AC-1) PURPOSE To consider three separate Electoral Area C foreshore rezoning applications for private moorage purposes; two applications from Access Two (AC-2) to Access One (AC-1) and one from Heritage One (HE-1) to Access One (AC-1). Staff Report — RZ 5C 19 Moss-Herro, RZ 6C 19 Bear Lake Holdings and RZ 7C 19 Murphy Page 2 POLICY ANALYSIS Part 14 "Planning and Land Use Management" of the Local Government Act (LGA) addresses local governments' roles regarding zoning bylaws, namely Section 479 (Zoning Bylaws) and Sections 464 - 465 (Public Hearings on Bylaws). EXECUTIVE SUMMARY The foreshore areas under application are regulated by Bylaw No. 1213, the Quadra Island Zoning Bylaw, 1990. Sites I and 2 are zoned Access Two (AC-2), whereas Site 3 is zoned Heritage One (HE-i). Site I (Shoal Bay) and Site 2 (Deepwater Bay) are both water access only parcels and require a dock for upland access purposes. The applicants for Site I propose to establish a water access only dock at either the north or the east shore of District Lot 113, as shown on the attached diagram. The owners of Site 2 propose water access only dock installation at the central west foreshore property boundary as indicated on the attached diagram. The upland adjacent to Site 3 (a parcel in the Valdes Drive subdivision) has road access to the remainder of Quadra Island, however, for water access purposes the applicants wish to place a residential dock on the foreshore of their property at the location indicated on the diagram. As these proposals will facilitate the use of the upland parcel and will be installed in accordance with the Provincial General Permission for the Use of Crown Land for Private Moorage policy, it is recommended that support be given to the proposal to rezone the respective portions of foreshore to AC-i. In support of this recommendation, Bylaw Nos. 355, 356 and 361 are attached for the Committee's consideration. RECOMMENDATIONS 1. THAT the report from the Chief Administrative Officer be received. 2. THAT Bylaw No. 355 be forwarded to the Board for first and second readings. 3. THAT Bylaw No, 356 be forwarded to the Board for first and second readings. 4. THAT Bylaw No. 361 be forwarded to the Board for first and second readings. 5. THAT the Committee recommend that public hearings to consider Bylaws No. 355, 356 and 361 be scheduled at a date and time to be determined. Respectfully: / Dave Leitch -' 1' Chief Administrative Officer BACKGROUND The foreshore areas under application are regulated by Bylaw No. 1213, the Quadra Island Zoning Bylaw, 1990, Sites I and 2 are zoned Access Two (AC-2), whereas Site 3 is zoned Heritage One (HE-i). Site I (Shoal Bay) and Site 2 (Deepwater Bay) are both water access only and require a dock for access purposes. The upland adjacent to the south end of Site I is currently serviced by an existing dock, ramp and upland deck that is used by the owners of Block A, Plan 3514, and will be brought into compliance with zoning. The applicants propose to establish a second dock further north to service District Lot 113, as shown on the attached diagram. The upland adjacent to Site 2 currently has no water access as previous historical docks have been removed. The current owner of the property wishes to use it for residential purposes and to install a dock at the location indicated on the diagram. The upland adjacent to Site 3 is a parcel in the Staff Report – RZ 5C 19 Moss-Herro, RZ 6C 19 Bear Lake Holdings and RZ 7C 19 Murphy Page 3 Valdes Drive subdivision and has road access to the remainder of Quadra Island. The applicants wish to place a dock on the foreshore of their property at the location indicated on the diagram. OCP CONSIDERATIONS OCP Amendments are not required as all subject areas are below the High Water Mark and are not designated by the Quadra Island Official Community Plan Bylaw, 2007, Bylaw No. 3050. In addition, Site 1 (Shoal Bay) falls outside the boundaries of Bylaw 3050. AGENCY REFERRALS The applications were referred to a number of government agencies and First Nations for consideration. Comments received are summarized in the following table: Agency Comments BC Assessment Authority No response. Environment Canada No response. Ministry of Environment Interests unaffected. MFLNRO – Archaeology Activity must be halted if an archaeological site is encountered during development and the Archaeology Branch contacted for direction. MFLNRO - Land Tenures No concerns - applications meet the Provincial General /Natural Resources Permission for the Use of Crown Land for Private Moorage policy. MoTI Interests unaffected. Vancouver Island Health Ensure that all waste water on the property complies with Authority the Sewerage System Regulation or Ministry of Environment Municipal Waste Water Regulations. First Nation Comments Xwemalhkwu/Homalco First Nation No response. K’ómoks First Nation No response. Laich-Kwil-Tach Treaty Society No response. Nanwakolas Council No response. Tla’amin First Nation No response. Stz’uminus First Nation No response. We Wai Kai Nation No comment. Wei Wai Kum Nation No response. PLANNING ANALYSIS The foreshore areas abutting Sites 1 and 2 are currently zoned Access Two (AC-2), limiting use to navigational aids and recreational shellfish gathering and harvesting only. The foreshore area abutting Site 3 is currently zoned Heritage One (HE-1), which permits navigational aids and Staff Report – RZ 5C 19 Moss-Herro, RZ 6C 19 Bear Lake Holdings and RZ 7C 19 Murphy Page 4 heritage sites designated or identified by an authority having jurisdiction. In each of these applications, the applicants propose to construct a new dock system (float, ramp and walkway) to service their respective properties. Sites 1 and 2 are water access only and require a dock for access purposes, whereas Site 3 has access via Valdes Drive and the proposed dock is proposed for the purposes of water access convenience. A rezoning of all three sites to Access One (AC- 1) is therefore required to permit private moorage. In each case, the replacement dock infrastructure being proposed is designed to meet the Provincial General Permission for the Use of Crown Land for Private Moorage policy that was implemented in January 2017. This policy allows for a private dock to be constructed on Crown land without a formal tenure being issued, provided all the requirements of the policy are met. Comments received from government agencies have indicated there are no immediate concerns associated with these proposals provided there is compliance with the Navigation Protection Act, the Land Act; that waste water on the properties complies with the Sewerage System Regulation or MoE Municipal Waste Water Regulations; and that any potential upland archaeological sites are not impacted by the proposals. As these proposals will facilitate the use of the upland parcel, specifically providing for water access only for Sites 1 and 2, and will be installed in accordance with the Provincial General Permission for the Use of Crown Land for Private Moorage policy, it is recommended that support be given to the proposal to rezone the respective portions of foreshore to AC-1. FINANCIAL IMPLICATIONS Applicable fees have been collected for this application under the Planning Procedures and Fees Bylaw No. 5. LEGAL IMPLICATIONS This report and the recommendations contained herein are in compliance with the Local Government Act (LGA) and Regional District bylaws as they relate to the zoning of land, which includes the surface of the water, set out in Section 479 of the LGA. Should this application proceed to Board on August 14th, it is recommended that the public hearing be held no sooner than September 2nd in order to meet our legal requirements. CITIZEN/PUBLIC RELATIONS IMPLICATIONS Should a recommendation of support be made for the applications and Bylaw Nos.
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