Executive Committee Agenda
Date: Wednesday, July 2, 2014 Time: 10:00 am Location: Islands Trust Victoria Boardroom 200-1627 Fort Street, Victoria, BC
Pages
1. CALL TO ORDER
2. APPROVAL OF AGENDA 2.1 Introduction of New Items 2.2 Approval of Agenda
2.2.1 Agenda Context Notes (ACN) 4 - 4 3. ADOPTION OF MINUTES 3.1 June 17, 2014 5 - 6
4. FOLLOWUP ACTION LIST AND UPDATES 4.1 Followup Action List 7 - 7 4.2 Director/CAO Updates 4.3 Local Trust Committee Chair Updates
5. TRUST COUNCIL MEETING PREPARATION
6. BYLAWS FOR APPROVAL CONSIDERATION 6.1 Bowen Island Municipal Bylaw No. 357 6.1.1 Sue Ellen Fast re Lack of Consultation prior to Bowen OCP Amendment 8 - 21 Bylaw 357 6.1.2 Andrew Stone re Proposed Bowen OCP Amendment 22 - 24 6.1.3 Bylaw No. 357 - Decision 25 - 55 That the Executive Committee advise Bowen Island Municipality that the Bylaw 357, cited as “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010, Amendment Bylaw No. 357, 2014” is not contrary or at variance to the Islands Trust Policy Statement and seek clarification on how Bowen Island Municipality has addressed Policy 5.2.4 prior to submission for approval. 6.2 Bowen Island Municipal Bylaw No. 367 56 - 67 That the Executive Committee advise Bowen Island Municipality that the Bylaw 367, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 367, 2014” is not contrary or at variance to the Islands Trust Policy Statement.
1 6.3 North Pender Island LTC Bylaw 195 (Land Use Bylaw Amendment) 68 - 86 That the Executive Committee approve Proposed Bylaw No. 195, cited as “North Pender Island Land Use Bylaw 103, 1996, Amendment No. 2, 2014” under Section 24 of the Islands Trust Act.
6.4 North Pender Island LTC Bylaw No. 197 (Official Community Plan Amendment) 87 - 104 That the Executive Committee approve Proposed Bylaw No. 197, cited as “North Pender Island Official Community Plan Bylaw No. 171, 2007, Amendment No. 1, 2014” under Section 24 of the Islands Trust Act. 6.5 Salt Spring Island LTC Bylaw 474 (Official Community Plan Amendment) 105 - 124 That the Executive Committee approve Salt Spring Island Local Trust Committee Proposed Bylaw No. 474, cited as “Salt Spring Island Official Community Plan Bylaw, 2008, Amendment No. 2, 2013,” under Section 24 of the Islands Trust Act.
7. EXECUTIVE COMMITTEE PROJECTS 7.1 Trust Council Initiated 7.2 Executive Committee Initiated
8. NEW BUSINESS 8.1 Trust Area Services 8.1.1 RFD - Letter of comment to the National Energy Board re Trans 125 - 132 Mountain Pipeline Expansion - Decision 1. That the Executive Committee direct staff to draft a letter of comment for the Chair’s signature to the National Energy Board regarding the Trans Mountain Pipeline Expansion project. 2. That the Executive Committee direct staff to ask trustees for Islands Trust Area specific questions that intervenors could ask Trans Mountain ULC. 8.1.2 RFD - Environment Assessment of Woodfibre LNG project - valued 133 - 136 components – Decision 1. That the Executive Committee direct staff to draft a letter for the Chair’s signature to the BC Environmental Assessment Office with comments on the Woodfibre LNG Valued Components Selection document and the Woodfibre LNG List of Accidents and Malfunctions and Projects included under Cumulative Effects document. 2. That the Executive Committee direct staff to contact the Woodfibre LNG staff to offer Islands Trust mapping products that contain sensitive ecosystem, eelgrass, forage fish habitat, protected area and other relevant information. 8.1.3 BC Ferries advocacy (see ACN) 8.1.4 Resources needed for revising agreements with the Ministry of Forests, Lands and Natural Resource Operations (see ACN) 8.1.5 AVICC/UBCM resolution about provincial funding for the Coastal Douglas-fir Conservation Partnership and for land protection initiatives (see ACN) 2 8.2 Local Planning Services 8.3 Executive/Trust Council 8.4 Post Council Joint Session
8.4.1 Roundtable 8.4.2 Trustee Comments/Feedback 137 - 137 8.4.3 Continuous Learning Plan 138 - 140 8.4.4 June 2014 Draft Trust Council Minutes 141 - 154 8.4.5 Draft September 2014 Council Program 155 - 155 9. CLOSED MEETING (if applicable) That the meeting be closed to the public subject to Sections 90(1)(g) and (i) of the Community Charter in order to consider matters related to litigation affecting the Islands Trust and receipt of advice that is subject to solicitor-client privilege and that staff attend the meeting.
10. RISE AND REPORT DECISIONS FROM CLOSED MEETING (if applicable)
11. CORRESPONDENCE (for information unless raised for action) 11.1 Edna Thomson re Bowen Council’s 2014 Proposed Bylaw Changes to the 156 - 158 OCP (see ACN) 11.2 P. Johnston re LTC voting guidelines (see ACN) 159 - 159 11.3 Minister Coralee Oakes re 2014 UBCM Convention Meeting Requests 160 - 160 11.4 MLA Selena Robinson re 2014 UBCM Meeting Requests 161 - 162 11.5 UBCM and Green Communities Committee re carbon neutrality reporting 163 - 165
12. WORK PROGRAM 12.1 Review and amendment of current work program 166 - 172
13. ADJOURNMENT
3 Executive Committee Agenda – Context Notes For meeting of July 2, 2014
Revised: June 27/14
Agenda No. From Context Notes
8.1.3 Lisa The June 2014 Trust Council FUAL directs staff to add the BC BC Ferries advocacy Gordon Ferries advocacy topic to the EC agenda.
On June 18-19, 2014 the Islands Trust Council decided to prioritize BC Ferries advocacy with a focus on:
1) BC Ferries Long Range Plan (30 years)
2) Need for the Province to fund BC Ferries capital costs at a level that will keep fares at or below CPI while meeting essential transportation needs of ferry-dependent communities
3) BC Ferries Commissioner’s pre-performance term four process and unanimous opposition to the 2nd resolution re the public forum in the next term.
Staff have tentatively added BC Ferries advocacy to the EC work program as TAS priority #1.
8.1.4 Lisa The June 2014 Trust Council FUAL directs staff to add the review Resources needed for Gordon of resources needed to review protocol agreements/letters of revising agreements with understanding with the Ministry of Forests, Lands and Natural the Ministry of Forests, Resource Operations to an EC agenda Lands and Natural Resource Operations This item has been tentatively added to the EC work program as TAS priority #4.
8.1.5 Lisa The June 2014 Trust Council FUAL directs staff to add to the EC AVICC/UBCM resolution Gordon agenda for discussion the topic of an AVICC/UBCM resolution about provincial funding about provincial funding for the CDFCP and for land protection for the Coastal Douglas-fir initiatives in the CDF Zone. Conservation Partnership and for land protection TAS staff suggest adding this topic to the EC FUAL with an initiatives expected completion date of January 2015.
11.1 Edna Thomson re Bowen David After reading through the letter, the Bylaw she is referring to is Council’s 2014 Proposed Marlor Bylaw 352 & 353. This is the bylaw in which we’ve asked BIM to Bylaw Changes to the provide comments on how they are meeting particular policies in OCP the ITPS.
11.2 P. Johnston re LTC David Trust Council policies 4.1.i Local Trust Committee Chair Guidelines voting guidelines Marlor and 4.1.ii Local Trust Committee Meeting Guidelines both contain guidelines for the role of the Chair in LTC meetings. Neither policy directly address the chair voting but do reference Local Trust Committee Meeting Procedure Bylaws and Roberts Rules of Order. 4
Executive Committee Meeting Minutes
Date: June 17, 2014 Location: Saturna Island, BC
Trustees Present: Sheila Malcolmson, Chair (partial) Ken Hancock, Acting Chair Peter Luckham, Vice Chair David Graham, Vice Chair
Staff Present: Linda Adams, Chief Administrative Officer David Marlor, Local Planning Services Director Lisa Gordon, Trust Area Services Director Marie Smith, Executive Coordinator (Recorder)
1. CALL TO ORDER
The meeting was called to order at 5:15 pm. In the absence of Chair Malcolmson, Vice Chair Hancock offered to chair the meeting. He acknowledged that the meeting was being held in traditional territory of the Coast Salish First Nations.
2. APPROVAL OF AGENDA
2.1 Introduction of New Items
There were no new items.
2.2 Approval of Agenda
By General Consent, the agenda was approved as presented.
3. ADOPTION OF MINUTES
3.1 June 2-3, 2014
By General Consent, the Minutes of the June 2-3, 2014 Executive Committee meeting were adopted as presented.
4. FOLLOWUP ACTION LIST AND UPDATES
4.1 Followup Action List
Provided for information.
5. NEW BUSINESS
5.1 Gulf Islands Alliance re Gambier Logging
By General Consent, the Executive Committee approved forwarding the above noted letter to Trust Council for review at its June 2014 meeting as new Correspondence.
Chair Malcolmson joined the meeting and took over as Chair.
Executive Committee Minutes of Meeting – June 17, 2014 DRAFT Page 1 5
6. CLOSED MEETING
EC-2014-098 It was MOVED and SECONDED, That the meeting be closed to the public subject to Sections 90(1) (g),(i) of the Community Charter in order to consider matters related to litigation affecting the Islands Trust and receipt of advice that is subject to solicitor-client privilege and that staff attend the meeting. CARRIED The meeting closed at 5:30 pm and reopened at 5:54 pm.
8. NEXT MEETING
Tuesday July 2, 2014, 10:00 am in Victoria BC.
9. ADJOURNMENT
EC-2014-099 It was MOVED and SECONDED, To adjourn the meeting. CARRIED
The meeting adjourned at 5:55 pm.
______Ken Hancock, Acting Chair/Sheila Malcolmson, Chair Marie Smith, Recorder
Executive Committee Minutes of Meeting – June 17, 2014 DRAFT Page 2 6
Executive Committee Follow-up Action List Rev: June 24/14
EC Mtg Bold = regular items WHO / Activity WITH/TO TARGET
LINDA ADAMS
Executive Committee Work Program - review priorities Every mtg. Jun 3/14 11.3 SM to respond to P Marshall w/SM Jun Jun 3/14 Meet with ADM re TFB request Jun May 6/14 12.1 Chair to reply to G. Steeves Oct letter with Work Program review outcomes w/SM Jun Feb 4/14 Amend Policy 8.4.i to reflect PSA hiring procedure and revisit post TC decisions Jun TC FUAL – provide advice to EC on allocating TC items to EC or Council w/DM/CS/LG 2014 Jun 25/13 Committees, place on next agenda. (ID whether EC can refer an item to a committee, and review work program policy with committees) Feb 19/13 Amend Council Committee work program format re Council approval 2014 DAVID MARLOR
Jun 17/14 IC 6.1 Implement decision Done Feb 4/14 8.1.5 Draft RFD to Council re legislative change re name – ‘Executive Islands’ 2014 LISA GORDON
Legislative Monitoring Chart (bi annual) w/CF Dec Jun 3/14 8.1.2 Chair to respond to R. Hughes re SJC agreements (option 2) w/SM Jun Jun 3/14 8.1.1 send letter re land-based spill preparedness and response w/CF Jul May 6/14 8.1.1 Review NP Oil Spill Presentation and resolve issues to enable webposting w/SM Jun Apr 15/14 11. Chair to respon to Finn, Firestone & Derelian correspondence (SM to complete) w/SM Jun Mar 18/14 8.1.3 Put NMCA briefing back on EC agenda in Aug with update Aug Oct 8/13 Post ALC video to the website w/MS 2014 Oct 8/13 8.1. 7 BC Ferries – Assist the Chair in requesting meeting with BC Ferries CEO W/CF 2014
CINDY SHELEST
Nov 19/13 Expand Use of Electronic Meetings On-going Feb 5/13 Provide advice re TC continuous learning plan delivery by webinar – technical w/mgmt 2014
MARIE SMITH
8.5 Respond to late delegation request (Varzeliotis); relay correspondence to Jun Jun 2/14 trustees with reply Nov 19/13 Add Expanded Use of Electronic Meetings to future agenda for discussion 2014 Oct 8/13 Advice re webposting of EC and council advisory committee agenda packages w/LG 2014 Feb 5/13 Arrange meeting with Minister re TFB and other current matters Pending
CARMEN THIEL
7 Date: June 13, 2014 To: Islands Trust Executive Committee From: Sue Ellen Fast Re: Lack of Consultation prior to OCP amendment Bylaw 357 - Bowen
This letter relates to the proposed adoption by Bowen Island Municipality of Bylaw 357 amending the Bowen Island OCP, which are contrary to the Islands Trust Policy Statement in process.
Data and details in this letter are referenced in some cases by their location on the attached spreadsheet.
1. Islands Trust Policy Statement
1.1 Trust Council believes that open, consultative public participation is vital to effective decision making for the Trust Area (guiding principle p. 6). 1.2 Commitments of Trust Council include 5.8.1: … that public participation should be part of the decision-making processes of all levels of government and 5.8.2: … island municipalities should, in establishing their official community plans and regulatory bylaws, provide opportunities for public input.
2. No consultation took place prior to first reading. 2.1 Economic Development Committee who provided the recommendations to Council that became Bylaw 357 did not invite, offer, or carry out consultation with citizens or organizations affected. 2.1.1 ED committee minutes April 2013 to March 2014 contain no mention of public input re OCP, or dates, or numbers of public consulted. I went to one of these and public input was not invited, although the OCP was mentioned and denigrated. (See cell G4 in attached data spreadsheet) 2.1.2 ED committee Chair participated in Council Strategic Planning session Feb 3 2014 Closed Council Meeting 3 - 3:45 pm (from EDC minutes Jan 2014). OCP amendments may have originated here. (See cell H4 in attached) 2.1.3 Origin of OCP amendments unknown, as no draft documents were recorded as being produced by ED committee in their minutes. (See cell I4 in attached) 2.2 Council did not invite, offer, or carry out consultation with citizens or organizations affected. (see cells G2, G3 in attached)
8
3. Process, transparency and opportunity to become informed and to comment have been obscured. 3.1 Council kept discussion brief in meetings they held in public, for a total of 11 min 51 sec before passing first reading (cells E3, E4). 3.2 Council did not discuss content or wording or rationale of Bylaw 357 in meetings they held in public. (cells E2, E3, E4) 3.3 Content of proposed amendments was not read aloud before first reading vote took place March 24, and some citizens watching did not know what Council was voting on. (cell H3, E3) 3.4 Municipal website was inaccessible Mar 24–Apr 14 so agendas and staff reports were unavailable; Council meetings take place Mondays during working hours and some live-streaming and video recordings were unavailable; and having two sets of OCP amendments in front of Council, both for first reading during spring 2014, added to the confusion. (cells H3, I3). 3.5 Councillors discussed Bylaw 357 outside of public meetings (cell E3). Unanimous voting (cells F2, F3, F4) with no substantial comments or discussion in meetings open to the public, and repeated identical comments such as “the wording has already been completed” and “straightforward” suggest that discussion took place in closed meetings as well. (cells E3, E4) 3.6 No date has been set for public meeting after first reading, except that it will be after referral agencies report back. (cell H2)
4. Conflict of interest concerns about two Councillors who have resigned, one of whom was also an Islands Trust Trustee until his resignation. 4.1 Changes proposed in Bylaw 357 to the commercial district boundaries of Snug Cove obviously anticipate the other set of OCP amendments and rezoning for Lot 2 Community Lands (Bylaws 352 and 353). Commercial land use is proposed to extend into Lot 2 Community Lands. 4.2 Bylaw 357 deletes wording that currently limits new commercial development to remain within the Village Commercial designated area shown on OCP Schedules C and C-1A: “avoid the creation of new commercial areas outside the Village Commercial area” (Policy 175).
9 4.3 Councillors Duntz and Jennings resigned March 14, after voting for bringing forward Bylaw 357 for first reading, and voting for first reading of Bylaws 352 and 353. Referring to Lot 2 Community Lands, Duntz wrote on his website, “we will now be able to help and provide value in our role as local developers”. (cells D4, D8, D9, www.wolfgangduntz.ca) 4.4 These Councillors are well known local developers and business partners, who also own land known as Parkview Slopes above and outside the current Snug Cove Village periphery. The local newspaper reported on the resignations and quoted Councillor Duntz as saying, “now that we are out of Council we will insist that they deal with re-zoning applications which we are bringing forward”, Bowen Island Undercurrent, March 21 2014. Should they be successful in bidding on the portions of Lot 2 that will be for sale, they have the potential to benefit not only by developing Lot 2 including commercial land use, and also by trading density with Parkview Slopes, but also by creating new commercial areas beyond the current Village Commercial district boundary such as on their Parkview Slopes. They also own land known as Cowan Point, above and outside Seymour Bay Municipal Park on the other side of the island, where the park has been changed by these councillors and rezoning applications are expected or underway (www.bowenislandproperties.ca/seymour-landing-at- cowan-point, item 8, five parcels “held for rezoning”). Here they have the potential to benefit from additional commercial development, trailer parks, and other island-wide OCP changes in Bylaw 357.
5. The current OCP is sound, authentic, and represents the community. 5.1 Public process during recent OCP Update was broad and deep, with over 700 diverse participants in a year-long process. 5.2 In the words of Dr. Dave Witty, municipal contract planner for the Update and Fellow of the Canadian Institute of Planners, it was “one of the most comprehensive OCP Updates completed in British Columbia.” Bowen Island Undercurrent, April 11 2014, p.4. 5.3 As chair of the OCP Update Steering Committee, I can attest to the successful efforts made by our eight diverse members to engage a wide cross-section of the community in the update process.
10 5.4 The process updated the 1996 OCP, which itself was considered at the time to be one of the most comprehensive OCP processes undertaken on any Gulf Island according to Dr. Dave Witty. Bowen Island Undercurrent, April 11 2014, p.4.
6. Context: Sweeping and significant island-wide OCP amendments are proposed in Bylaw 357. It overturns one of the current OCP’s fundamental goals related to the Islands Trust. Goal 6 is changed from current: “To manage growth in a way that it is conditioned by the natural environment and respects social and economic diversity” to “To manage growth in a way that respects social and economic diversity and the natural and built environments”. Bylaw 357 would also allow destination tourism attractions, all tourist accommodation types, campgrounds and trailer parks; changes designation of some parkland to commercial including critical nesting habitat for a blue-listed species; and opens the door to commercial sprawl beyond the current Snug Cove Village.
7. Conclusion: The process to date during the proposed adoption by Bowen Island Municipality of Bylaw 357 amending the Bowen Island OCP has been contrary to the Islands Trust Policy Statement, and should be corrected.
Attachments: data_process bylaw 357 BowenOCP2014.xlsx
(This attachment is a spreadsheet of data and details that I compiled as I researched the legitimacy of the proposed OCP amendment Bylaw 357. Some details in this letter are referenced by their location on the spreadsheet. Sources include video and audio recordings, notes from meetings attended by me or by former Islands Trustee and Trust Fund board member Nerys Poole, committee minutes, council agendas and minutes, staff reports and municipal email notifications of agendas having been posted.)
Respectfully Submitted by
Sue Ellen Fast
Chair, OCP Update Steering Committee (2011)
504 Reed Road, Bowen Island, British Columbia, V0N 1G1 ph 604 947-0483 [email protected]
11 Lack of Consultation prior to OCP amendment Bylaw 357 Bowen - Data and Details
Compiled by: Sue Ellen Fast, Chair 2011 Bowen OCP Update Steering Committee - June 2014 Purpose: research into legitimacy of the proposed OCP amendments Bylaw 357 Sources: Video and audio recordings, notes from meetings attended in person or from former Councillor Nerys Poole wh committee minutes, council agendas and minutes, municipal email notifications of agendas having
AB C D E F G H I 1 Council Council Bylaw Date Present Discussion Passed ConsultationTransparency 2 357: OCP 12 May 2014 Mayor J elapsed time Unanimously only ED C. Morse (I went to amendment Bylaw re-reading of Adelaar, not committee said that one of 357 2014 (Economic first reading, Councillors measured, no members there had these, public Development responding Morse, substantial (seven been input was Committee) to Islands Stone, Lucas comments or community comments not invited) Trust discussion, no members about these request for transcript and two things not clarification, available Councillors) being public, and to add and she just amendments wanted to re ferry from emphasize ED that the EDC committee meetings (agenda have all posted May been public, 7) there will be a public info meeting and once referral agencies report back
12 3 357: OCP Mar 24 Mayor J 3 min 29 Unanimously only ED I was there Council amendment Bylaw 2014, first Adelaar, sec: no committee and if I meetings 357 2014 (Economic reading Councillors substantial members hadn't read had moved Development (agenda Morse, comments or (seven the to Monday Committee EDC) posted Mar Stone, discussion, community committee during the 19) Lucas, and just members report in day, difficult Rhodes correcting and two agenda, I for citizens typos, a Councillors) would not with jobs to rebuttal of a have known participate. public what they Also APC comment were voting had been from earlier in on, because cleansed of meeting, and the members "Councillor proposed calling for Rhodes and I changes public were talking were not consultation, about this read aloud. see below. over lunch" - BIM website transcript down Mar 24 available to Apr 14, so people couldn't see agendas or minutes or observe/disc ern between this and other set of OCP amendments , some livestreamin
13 4 357: OCP Feb 24 2014 Mayor J 8 min 22 sec: Unanimously None. ED Chair ED Origin of amendment Bylaw staff are Adelaar, no substantial committee committee OCP 357 2014 (Economic directed to Councillors comments or minutes participates amendments Development bring it Morse, discussion, April 2013 to in Council unknown, as Committee) forward for Stone, repetitions, March 2014 Strategic no draft first reading Lucas, and transcript contain no Planning documents (agenda Rhodes, available mention of session Feb were posted Feb Jennings and public input 3rd Closed recorded as 19) Duntz re OCP, or Council being dates, or Meeting 3 - produced by numbers of 3:45 pm EDC public (from EDC committee in consulted minutes Jan their (notes 2014) Did minutes. available amendments "What originate Consult…") here?
5 352 and 353: Apr 14 Mayor and none no votepublic Staff said no community lands 2014, public Council, CAO spoke, more public (Lot 2) meeting 5–8 absent, provided consultation pm Duntz comments was planned attends as after ex-councillor presentation and is part of the allowed to meeting, respond and and argue with comment members of forms public
14 6 Resignations: Mar 14 2014 Councillors Duntz and Jennings 7
15 8 352 and 353: Mar 10 2014 regular 12 min 35 Unanimously Only the David Local community lands first reading council sec: no companies Podmore, referral (Lot 2) (agenda meeting: substantial and TAB Chair, group posted Mar Mayor J comments or individuals was Advisory 5) Adelaar, discussion, appointed to scheduled to Planning Councillors only who to the TAB. No present Committee Morse, refer to and community report in had earlier Stone, when to hold groups were public at been Lucas, and community consulted council cleansed of Rhodes, meeting, ahead of the meeting Mar voices Jennings and handwritten community 24, but calling for Duntz transcript meeting cancelled. consultation available April 14, (about according to another Council Council discussion, proposal not BIAC, or identified in children's the OCP as a centre, or major land any other. use planning issue: Peter W and Brenda M)No reasons were given for the expulsions which took place Apr 22 2013.
16 9 352 and 353: Mar 3 2014 Council elapsed time no vote community lands Committee not (Lot 2) of the Whole measured, no transcript available. 10 352 and 353: July 9 2013 Council every no vote None None TAB final community lands appointed meeting of report to (Lot 2) Temporary TAB was Council was Advisory closed, no part of Board info available, Judy's staff (TAB): 5 meetings report at Councillor held. Council's Duntz*, Mar 10 2014 Councillor meeting Jennings*, Councillor Rhodes, chair David Podmore, Elizabeth Ballantyne, Steven Bellringer*, Tim Wake (as consultant), Tom Rafael, Jim Cox
17 ho attended, been posted.
18 I was there and if I hadn't read the committee report in agenda: Bylaws- Amendment to the OCP, March 17, 2014.pdf I would not have known what they were voting on because the proposed changes were not read aloud.
19 In Feb 24 Council meeting, C. Stone asks, “Speaking to the work that’s been done, was it primarily work of you two or was it the entire committee?” C. Rhodes replies “The entire committee had input absolutely.” (10:40 in transcript)
20 No video recording available, only an mp3 audio file that I had to go to hall to get
21 From: Andrew Stone
Subject: FW: OCP - Public Notice mail out - changes needed
Hi Sheila, Peter, David & Ken,
Further to some queries that have been made on my view on the proposed BIM OCP changes…
I have attached a document that shows the linkage and rationale behind the proposed changes to the BIM OCP document. We have the official public hearing on these proposed changes on July 21st. BIM Staff have made a conscious effort to meet the statutory obligations in terms of lead time and process.
Our island like others in the Trust Area have a focus on economic development, as well as readying ourselves for economic impacts from the shifting island demographics and the hyperinflation we are and will continue to see around transportation. The changes have also largely been made to be more enabling so we can cultivate a psychology of entrepreneurship which has, in my view, been pounded out of all but a few Bowenians. As you can see from the rationale in the document, strides have been made to place it in the context of the people being cognizant of and respecting the land in which we inhabit.
The most lauded take away from our previous Council after the OCP was adopted was to not put the document on the shelf and leave it for another ten years before a massive rewrite. That we should be reviewing, tweaking and amending the document, so it stays current and stays relevant as a living document. I have heard similar statements issued by other local governments once they have completed and adopted an OCP.
Once I see the correspondence from Ms. Sue Ellen Fast and Mr. Peter Frinton, I will be in a position to issue a proper rejoinder to their critique and concerns.
-Andrew -- Municipal Councillor, Islands Trustee & Metro Vancouver Director Bowen Island Municipality 604-788-6777 direct | 604-947-4255 gen inquiry | 604-947-0193 fax [email protected] [email protected] www.bimbc.ca | www.islandstrust.bc.ca | www.metrovancouver.ca
22 Rationale: High quality of life is a subjective term and more likely to Rationale: The language in this objective is unnecessarily editorial. be the result of economic viability rather than the cause; however, The intent would seem to be easily combined with Objective 178. the island’s unique attributes can be defined and can influence 10.4 Home Based Employment — Objective 178 economic viability. Proposed to delete this policy. 10.2 Overall Economy — Objective 173 Current text: “To minimize disruptive impacts of home-based Proposed to delete this policy. businesses on neighbours’ peaceful enjoyment and on the natural Current text: “To serve the needs of island residents and visitors while environment.” PUBLIC OPEN HOUSE maintaining a scale, form and character of economic development Rationale: This objective is redundant if the changes proposed to PROPOSED OFFICIAL COMMUNITY PLAN AMENDMENTS that is in keeping with the objectives of the OCP.” Objective 177 are accepted. Rationale: The statement is redundant and given that there are several 10.4 Home Based Employment — Objective 179 ECONOMIC DEVELOPMENT ON BOWEN ISLAND stated objectives directed towards these ends. Monday July 21, 2014 Proposed to delete this policy. 10.2 Overall Economy — Objective 174 5:30 pm – 8:00 pm Current text: “The Land Use Bylaw and associated bylaws contain Proposed text: “The Municipality will work in cooperation with the specific regulations regarding such matters as permitted uses, floor Cates Hill Chapel, 661 Carter Road Bowen Island business community and interested parties to promote space, parking, signs, outdoor storage, number of employees.” Bowen Island, BC economic activity that builds on diversity, sustainability, innovation, Rationale: There is no reason to include this objective as it states the (A presentation and Q&A period will be held at 6:30 pm) and creativity.” obvious. Current text: “The Municipality will work in cooperation with the ouncil has given first reading to a bylaw to amend Official Community Plan Bylaw No. 282, 2010. The draft amendments stem from 10.4 Home Based Employment — Policy 415 Bowen Island business community and interested parties to: CCouncil’s consideration of recommendations from Bowen Island’s Municipality’s Economic Development Committee, to make the • promote economic activity that builds on diversity, sustainability, Proposed to delete this policy. Official Community Plan more supportive of economic development and of the enhancement to existing and new businesses on Bowen innovation, and creativity; Current text: “The Land Use Bylaw and associated bylaws contain Island. • explore the formation of a Business Improvement Association for specific regulations regarding such matters as permitted uses, floor Proposed Bylaw No. 357, 2014 would amend the Official Community Plan to: Snug Cove; and space, parking, signs, outdoor storage, number of employees.” • Encourage new commercial development to locate within commercial areas in the Village Commercial designated area; • promote “green” business leadership and sustainable business practices.” Rationale: There is no reason to include this policy as it states the obvious. • Remove limitations on tourist accommodation, and provide for campgrounds but continuing to not support destination attractions; Rationale: The text includes initiative more appropriately pursued by the private sector. 10.4 Home Based Employment — Policy 417 • Encourage light industry in suitable locations to meet local needs; 10.2 Overall Economy — Policy 409 Proposed to delete this policy. • Support the creation of jobs and promoting economic activity that builds on diversity, sustainability, innovation and creativity; Proposed text: “The Municipality will work with interested parties to Current text: “Home based businesses which propose to expand or • Encourage the provision of ferry service to meet the needs of the island, and accommodate population growth; complete an Economic Development Plan that will examine short- operate on a site at a level beyond that permitted in the Land Use Bylaw will require a rezoning or temporary use permit.” • Explore how Bowen Island’s unique attributes can be used to enhance the economic viability and work toward an island economy that is and long-term issues, needs and opportunities to enhance existing diverse, sustainable and innovative, meeting the needs of residents and visitors. and new businesses and associated employment.” Rationale: There is no reason to include this policy as it states the You are invited to attend this public open house, and to provide your comments on these proposals. Should Council give second reading Current text: “The Municipality will work with the Chamber of obvious. to bylaw, a formal Public Hearing will be held at a later date. Commerce and other interested parties to complete an Economic 10.4 Home Based Employment — Policy 418 Development Plan that will examine short- and long-term issues, needs Proposed text: “State of the art technology services for digital and Background information, including a complete description of, and rationale for all proposed Official Community Plan amendments, and opportunities to enhance existing and new businesses and associated cellular connections to all areas of the island are encouraged.” background reports and a comment sheet are available on the municipal website, under “Current Topics” at www.bimbc.ca. employment that is complementary to the objectives of this OCP.” Current text: “High speed portals, internet, and digital media Rationale: The island no longer has a Chamber of Commerce and the connections to all areas of the island are encouraged.” Following are the original OCP sections, the rational for amendments considered and mitigated. statement “complementary to the objectives of this OCP” is redundant. Rationale: By being this specific, current and future forms of and the recommended amendments Section 3.5 Commercial Land Use Management — Objective 73 10.3 Island Arts and Culture — Objective 175 communications may be discouraged. Section 1.3.2. — Twelve Fundamental Goals — Goal 6 Proposed text: “To serve the needs of residents and visitors while Proposed text: “To encourage Bowen Island to develop local arts Proposed text: “To manage growth in a way that respects social and maintaining a scale, form and character of development that is and culture.” economic diversity and the natural and built environments.” appropriate to its location.” Current text: “To encourage Bowen Island to develop local arts and Current text: “To manage growth in a way that it is conditioned by Current text: “To serve the needs of residents and visitors while culture to an appropriate scale, compatible with the island’s natural the natural environment and respects social and economic diversity.” maintaining a scale, form and character of development that respects setting, civic infrastructure and population.” Rationale: Managing the built environment as well as the natural the established character of the island.” Rationale: The qualifiers in this objective are subjective and limiting. environment is an integral part of managing growth. Rationale: It would be extremely difficult to define the ‘established 10.4 Home Based Employment — Objective 177 Section 2.4 Environmental Impacts — Objective 8 character of the island.’ The intent of this objective is better served if it Proposed text: “To encourage home-based businesses which references the neighbourhood for which the development is proposed. Proposed text: “To encourage development which is considerate of operate in a manner that is appropriate to and respectful of the BOWEN ISLAND MUNIICPALITY 3.5.1 Snug Cove Commercial Land Use — Policy 175 neighbourhood.” the environment.” Current text: “To encourage environmentally benign development.” Proposed text: “Encourage new commercial development to locate Current text: “To encourage home-based businesses as a means of 981 Artisan Lane, Bowen Island, BC, V0N 1G2 within commercial areas within the Village Commercial designated area maintaining the island character and to help promote self-sufficiency TEL: 604-947-4255 • FAX: 604-947-0193 • Rationale: The intent of the OCP is not to prevent development. on Schedules C and C – 1A. Village Commercial will be allowed in: and a sense of community.” While it is not possible for a development to be environmentally e-mail: [email protected] • website: www.bimbc.ca benign, it can and should ensure that environmental impacts are • the land to the north of the commercial properties on Bowen
23 Island Trunk Road subject to an adequate interface with Crippen unlikely prospect is also an unwelcome one for Bowen Island. 3.6 Industrial Land Use Management — Policy 201 Rationale: It is important to the economy that ferry services Regional Park; 3.5.2 Tourist and Retreat Commercial Land Use Management — Policy 188 Proposed text: “Current and future owners or operators of industrial accommodate population growth, which is not the same as encouraging it; and ferry services should not discourage population growth. • the northern corners of the Miller Road/Bowen Island Trunk Road Proposed text: “Tourist accommodation includes any facility where a land uses are encouraged to work with the Municipality to identify intersection; visitor provides remuneration for overnight accommodation.” and zone areas where industrial uses serving local needs can be 4.3 Water Transportation — Policy 242 located together.” • the area in the vicinity of the RCMP station and house located on Current text: “Tourist accommodation includes bed and breakfast, Proposed text: “The Municipality will request the Ministry of Miller Road; guesthouse, small inn, lodge, commercial cottage and hostel.” Current text: “Current and future owners or operators of industrial Transportation and Infrastructure to work with BC Ferries to: land uses are encouraged to work with the Municipality to find • the Davies Road area; and Rationale: Accommodation is currently extremely limited on Bowen. • provide a level of ferry service that meets the needs of the island a suitable location where industrial uses serving local needs can This policy limits tourist accommodation to the types mentioned and and accommodates the island’s daily peak travel demand; • the south side of Mt. Gardner Road.” be located together, instead of scattered across the island, giving may prevent proposals coming forward for other desirable forms of • ensure that expansion of ferry services accommodates consideration to the criteria established elsewhere in this OCP.” Current text: “Direct new commercial development to the existing accommodation. population growth; commercial areas within the Village Commercial designated Rationale: The statement includes unnecessary editorial (“instead • facilitate the use of alternative transportation systems on or area on Schedules C and C – 1A, and avoid the creation of new 3.5.2 Tourist and Retreat Commercial Land Use Management — Policy 189 of scattered across the island”) and redundant references (“giving connecting to the ferries; and commercial areas outside the Village Commercial area. New areas Proposed to delete this policy. consideration to the criteria established elsewhere in this OCP”). within the Village Commercial area that will be considered for future • develop any ferry terminal facilities to harmonize with the Snug Current text: “Campgrounds for recreational vehicles and trailer 3.6 Industrial Land Use Management — Policy 203 commercial development include: parks shall not be permitted within the Municipality.” Cove plan and the land transportation policies of this OCP. • the land to the rear of the commercial properties on the south side Proposed text: “Light industrial activity is not acceptable on or within Current text: “The Municipality will request BC Ferries to: Rationale: Properly managed small campgrounds for recreational 300 metres of the shoreline of Bowen Island unless it is a marine of Bowen Island Trunk Road subject to an adequate interface with • continue to provide an adequate level of service for the needs of vehicle could promote tourism activity; and, with municipal dependent light industrial activity. Crippen Regional Park; initiatives coming forward to encourage the construction of residents; • the northern corners of the Miller Road/Bowen Island Trunk Road apartment-style accommodation for seniors, a small RV park could • Marine industrial activities are encouraged to locate near existing • ensure that expansion of ferry services follows, rather than intersection; provide an opportunity to visit by those who might otherwise find marine facilities. anticipates, demand; • the area in the vicinity of the RCMP station and house located on a week’s stay in a B&B or hotel cost prohibitive. Trailer parks do not Current text: “Light industrial activity is not acceptable on or within • facilitate the use of transportation systems other than private Miller Road; and the Davies Road area.” belong under a policy for tourist and retreat commercial land use. 300 metres of the shoreline of Bowen Island unless: vehicles on, or connecting to, the ferries; and Rationale: As written, this policy defines an extremely limited area 3.5.2 Tourist and Retreat Commercial Land Use Management — Policy 190 • it is a marine dependent light industrial activity and can be • develop any ferry terminal facilities to harmonize with the land for Snug Cove’s future development, restricting it to: existing lots Proposed text: “Campgrounds may be permitted through commercial demonstrated that the activity has used existing marine access transportation policies of this OCP.” along Government Road (most have existing buildings) and the land facilities to their fullest capability; and zoning regulation on larger Rural designated properties on Schedules C Rationale: Ferry services should not just be adequate but appropriate behind these lots (currently the historic Davies Orchard in Crippen and C – 1A (Land Use Designations). Campgrounds should minimize • the form and character of the development does not detract from to the need and able to accommodate change. Regional Park), the old gas station lot (currently Stacey Beamer’s impacts on the environment and should have on site supervision.” the natural landscape of Bowen Island.” 10.2 Overall Economy — Objective 169 studio), the small ‘sign’ lot opposite Stacey’s, Lot 3 of the Community Current text: “Campgrounds serving the needs of backpackers and Rationale: The first bullet discourages competition from an Lands (north of the RCMP station and house), Davies Road behind bicyclists may be permitted through commercial zoning regulation entrepreneur who may see a need not currently addressed by existing Proposed text: “To work toward an island economy that is diverse the Pub (most lots have existing buildings), and the south side of Mt. or temporary use permit on larger Rural designated properties on activities and wish to serve it. The second bullet is redundant as and sustainable and innovative, meeting many of the needs of Gardner Road (where the terrain significantly limits development). Schedules C and C – 1A (Land Use Designations) which are or will it addresses issues which would be dealt with in the rezoning and residents and visitors.” If development is to be directed into Crippen Park as the OCP policy potentially be accessible by island trails. Campgrounds should be development permit process. Marine activities should, like industrial Current text: “To work toward an island economy that is relatively intends (with ‘an adequate interface with Crippen Regional Park’), subject to regulations that relate to design and servicing requirements activities, be located together. diverse and increasingly sustainable and innovative, meeting many of the committee concluded that the strip of land north of Government in order to minimize impacts on the environment and should have on 3.6 Industrial Land Use Management — Policy 204 the primary needs of residents and visitors.” Road across the road from the existing commercial had more site supervision.” Rationale: The qualifiers in the policy statement are unnecessarily potential for future development than the land in the park behind Proposed text: “All industrial waste management discharge to land Rationale: Given the general lack of variety in tourist accommodation limiting. and water must be authorized under the Waste Management Act and the existing commercial. EDC also concluded that it is important to on the island, allowing for proposals for any type of camping option, any subsequent revisions.” 10.2 Overall Economy — Objective 170 include Lot 2 of the Community Lands in any future definition of including RVs, campers, tent trailers, backpackers and bicyclists, is areas appropriate for Village Commercial area; however, this is not desirable. As there are currently no properties zoned for camping, any Current text: “All industrial waste management discharge to land and Proposed text: “To actively work to create and enable on-island jobs.” included as part of the EDC recommendations because it is included proposal would trigger a re-zoning which would address design and water must be authorized under the Waste Management Act.” Current text: “To move toward an island economy where the ratio as part of the proposed bylaw changes with respect to Lot 2 and the servicing requirements and be subject to the requisite referral and Rationale: Compliance with future revisions to the act should be ensured. between on-island jobs and population gradually increases.” community campus. public process, making this part of the statement redundant. 3.8 Forestry Land Use Management — Objective 96 Rationale: A more active and positive approach is appropriate. 3.5.2 Tourist and Retreat Commercial Land Use Management — Policy 185 3.6 Industrial Land Use Management — Objective 77 Proposed text: “To encourage the planting of native tree species.” 10.2 Overall Economy — Objective 171 Proposed text: “Tourist commercial facilities are supported that Proposed text: “To encourage light industry activity serving the enhance visitors’ enjoyment of the island’s natural amenities, without Current text: “To encourage the planting of native tree species that Proposed to delete this policy. Bowen Island community.” detracting from those amenities. Destination attractions such are better adapted and provide better habitat for local wildlife than Current text: “To foster the creation and maintenance of local as gaming facilities, casinos and commercial bingo halls are not Current text: “To encourage light industry activity serving the Bowen exotic species.” employment in island-based sustainable activities.” supported.” Island community provided it has a minimal impact on nearby uses, Rationale: The reason given for using native tree species is Rationale: This objective is redundant if Objective 170 is accepted including noise, dust, glare and traffic, and is visually well screened Current text: “Tourist commercial facilities are supported that unnecessarily editorial. as proposed. from adjacent uses.” enhance visitors’ enjoyment of the island’s natural amenities, without 4.2 General Transportation — Objective 100 10.2 Overall Economy — Objective 172 Rationale: Light industrial zoning is created to specifically address the detracting from those amenities. Facilities that are designed to be Proposed text: “To ensure that ferry transportation accommodates impact of noise, dust, glare and traffic, and to appropriately separate Proposed text: “To explore how Bowen Island’s unique attributes can destination attractions are not supported.” population growth.” light industry from adjacent uses. Re-zoning for light industrial be used to enhance economic viability.” Rationale: Tourist commercial facilities not designed to be destinations use would address all of these issues and be subject to the requisite Current text: “To ensure that ferry transportation services do not Current text: “To explore how Bowen Island’s high quality of life can are not likely to be successful; however, the intent of this policy was referral and public process. encourage population growth.” be used to enhance economic viability.” to prevent development of facilities like casinos, which although an
24
REQUEST FOR DECISION
To: Executive Committee For the Meeting of:: July 2, 2014
Date: June 26, 2014
SUBJECT: BOWEN ISLAND – OCP AMENDMENT BYLAW 357– S.14.3 LETTERS PATENT REFERRAL
RECOMMENDATION: THAT the Executive Committee advise Bowen Island Municipality that the Bylaw 357, cited as “Bowen Island Municipality Official Community Plan Bylaw No. 282, 2010, Amendment Bylaw No. 357, 2014” is not contrary or at variance to the Islands Trust Policy Statement and seek clarification on how Bowen Island Municipality has addressed Policy 5.2.4 prior to submission for approval.
CHIEF ADMINISTRATIVE OFFICER COMMENTS: Bowen Island Municipality has referred Bylaw 357 to the Executive Committee after first reading. Bylaw 357 requires comment only, rather than approval. Staff recommends that the Executive Committee advises that the bylaw is not contrary to or at variance to the Islands Trust Policy Statement.
IMPLICATIONS OF RECOMMENDATION
ORGANIZATIONAL: None
FINANCIAL: None
POLICY: Islands Trust Act; Islands Trust Policy Statement; Bowen Island Letters Patent; and Protocol Agreement – Islands Trust Council and Bowen Island Municipality.
IMPLEMENTATION/COMMUNICATIONS: Communication to Bowen Island Municipality before July 15, 2014 on the Executive Committee decision.
OTHER: None
1.0 BACKGROUND:
Note 1 - the term “Bowen Municipality” or “Bowen Island Municipality” is used in the Islands Trust Act, regulations and Policy, and the term “The Municipality” is used in the Bowen Island Municipality Letters Patent. All are deemed to mean the same. For the purpose of this report, the term “the Municipality” shall be used, except where quoting from legislation.
Note 2 – the Bowen Letters Patent refer to “Islands Trust”, while the authority for bylaw approval is the “Executive Committee”. Both are deemed to mean the same thing. For the purpose of this report, the term “Executive Committee” shall be used, except where quoting from legislation.
Islands Trust Request For Decision Page 1 25
1.1 Bowen Island Municipality OCP Amendment Bylaw 357 – First Reading
The Municipality has given first reading to the OCP Amendment Bylaw 357. In accordance with the Bowen Island Municipality’s Letters Patent, The Municipality must refer the proposed bylaw to the Islands Trust Executive Committee for comment prior to a public hearing.
Before providing details and analysis of the updated OCP, the Executive Committee should first be aware of the legislative scheme under which the updated OCP has been sent to the Executive Committee, the role of the Executive Committee and time constraints.
1.2 Bowen Island Letters Patent
The relevant sections of the Bowen Island Letters Patent related to the Executive Committee’s responsibilities in consideration of municipal bylaws are summarized as follows: • Section 14.3 states that “With respect to an updated official community plan bylaw, the Council must: a) Refer the updated bylaw to the Islands Trust before a public hearing is held; b) not hold a public hearing on the bylaw before the municipality is advised in writing of the comments of the Islands Trust, or before 45 days from the date of referral, whichever is earlier; c) In the event that the Islands Trust identifies that the provisions of the bylaw may be contrary to or at variance with the trust policy statement, meet with the Islands Trust to review the updated bylaw not later than 60 days after the date of the response to the referral, and a public hearing on the updated bylaw must not be held until after that meeting; and d) Introduce into the public hearing on the bylaw, the comments of the Islands Trust received in response to the referral”.
1.3 Islands Trust Policy 1.3.i [Policy Statement Implementation Policy] Islands Trust Policy 1.3.i is the Policy Statement Implementation Policy. Relevant sections of the Policy in regard to a referral between first reading and a public hearing are included below:
1. Policy D1.4 of Policy Statement Implementation Policy states that: The Islands Trust Policy Statement require local trust committees in the official community plan and regulatory bylaws, and island municipalities under Section 38 (1) of the Islands Trust Act to address certain matters from the Policy Statement, or explicit reasons and justifications for not doing so. A bylaw will not be contrary to or at variance with the Policy Statement if it fails to include a particular policy or regulation, so long as the bylaw contains sufficient reason or justification for not doing so.
2. Policy D1.5 of Policy Statement Implementation Policy states that: Where an updated bylaw does not include a particular policy or regulation required by the Policy Statement and the bylaw sets out reasons for that, the Executive Committee and Trust Council will assess the sufficiency of those reasons using such criteria as: a) whether the reasons are explicitly set out such that it is clear that the local trust committee directed its attention to the matter in question and made a considered decision not to include the policy or regulation. b) whether the reasons have to do with particular local circumstances that may not have been contemplated in the drafting of the Policy Statement. c) whether the reasons arise from the necessity of balancing two or more components of the Policy Statement that cannot be achieved simultaneously. d) whether existing planning studies or reports relied on by the local trust committee indicate that the Policy Statement is inapplicable in the circumstances.
Islands Trust Request For Decision Page 2 26
1.4 Bowen Island OCP Referral Process Referral of an Official Community Plan from the Municipality is a two-step process. The first step is in accordance with Section 14.3 of the Bowen Island Municipality Letters Patent. At this step, which is after first reading but before a public hearing, the Executive Committee has an opportunity to review the updated OCP and advise the Municipality in writing if it deems any provision in the updated OCP to be contrary to or at variance with the Islands Trust Policy Statement. In the event that the Executive Committee deems that there is a provision contrary to or at variance with the Islands Trust Policy Statement, under the provisions of the Letters Patent, then The Municipality must meet with the Islands Trust to review the updated OCP.
The second step is in accordance with Section 38(1)(a) of the Islands Trust Act, and occurs after public hearing and before The Municipality considers adoption of the bylaw.
This OCP referral is a referral under the first step.
The referral and approval process is outlined in the Protocol Agreement between the Islands Trust Council and Bowen Island Municipality, available here: http://islandstrust.bc.ca/tc/pdf/orgagrsep142010oth.pdf
1.5 Executive Committee Consideration The Letters Patent sets out the time limits on the process for an OCP referral between first reading and public hearing. The Executive Committee has 45 days from the date of receipt of the OCP referral to provide written comments to The Municipality.
The Municipality referred the bylaw for comment to the Islands Trust Executive Committee on May 26, 2014 and the bylaw was received on May 30, 2014. A response is required to be received at the Municipality no later than the end of the day on July 15, 2014. Section 15 of the Letters Patent requires that the Executive Committee advise the Municipality if it has any objection to the bylaw within the 45 day time limit.
The Islands Trust Act requires that the Executive Committee, or the Trust Council, must not approve a bylaw if it is contrary to or at variance with the Islands Trust Policy Statement. The Act refers to the requirement for Executive Committee approval for municipal OCP bylaws only. The Act does not refer to other types of municipal bylaws (non-OCP bylaws) except for indicating that the municipality itself must have regard for the object in adopting such bylaws.
The Executive Committee may: 1. advise the Municipality that is no objections to one or all of the bylaws; or 2. advise the Municipality that it consider that provisions of one or all of the bylaws may be contrary to or at variance with the Trust policy statement.
1.6 The Municipality’s Considerations OCP Bylaw Referral: If no comments are received from the Islands Trust within 45 days of the referral (by the end of the day on July 15, 2014), The Municipality may proceed to hold a Public Hearing on the updated OCP.
Should the Executive Committee response to The Municipality indicate that one or more provisions are contrary to or at variance with the Islands Trust Policy Statement, The Municipality will have 60 days from the receipt of the Executive Committee’s response to meet with Islands Trust to discuss the provisions of concern. The Municipality has the following options:
Islands Trust Request For Decision Page 3 27 • advance the OCP to a public hearing without amending the bylaw to address Islands Trust concerns, but Islands Trust concerns would be introduced at the public hearing; • amend the OCP to address Islands Trust concerns and advance the bylaw as amended to the public hearing along with Islands Trust comments; or • amend the OCP and re-refer it back to the Islands Trust before going to Public Hearing.
2.0 REPORT/DOCUMENT:
2.1 Bylaw 357 – Analysis
The purpose of Bylaw 357 is to amend the Bowen Island Municipality Official Community Plan (OCP) in order to encourage and support economic development on Bowen Island. The amendments are recommendations from the (Bowen Island) Economic Development Committee. The intent of the amendments is to make the OCP language more encouraging to economic development on Bowen Island. Bowen Island Planning staff state that the majority of the proposed amendments remove redundancy, update and clarify wording and make the wording in the OCP more positive and supportive. Bowen Island staff also state that the major changes to OCP policy content are: • Policy 188 - To remove the limitation on tourist accommodation from “bed and breakfast, guesthouse, small inn, lodge commercial cottage and Hostel” and to open it to any facility where a visitor provides remuneration for overnight accommodation; and • Policy 190 - To remove the current restrictions on permitting campgrounds for recreational vehicles and trailer parks within the Municipality. This would allow recreation vehicles and trailer parks to be permitted in the Municipality by way of rezoning.
The policies that are proposed to be removed from the OCP seem to be unnecessary policies or redundant in nature.
Two amendments to the OCP that Bowen Island staff did not consider major changes to the OCP are: • Policy 175 – By deleting the words “Direct new commercial development to the existing commercial areas within the Village Commercial designated area on Schedules C and C-1A, and avoid the creation of new commercial areas outside the Village Commercial Area” to “Encourage new commercial development to locate within commercial areas within the Village Commercial designated area on Schedules C and C-1A”. • Objective 77 – By deleting the words “To encourage light industry activity serving the Bowen Island community provided it has a minimal impact on nearby uses, including noise, dust, glare and traffic, and is visually well screened from adjacent uses” to “To encourage light industry activity serving the Bowen Island community.”
The Bowen Island Municipal Council gave First Reading to proposed Bylaw 357 on May 12, 2014. The Bowen Island Planning Report includes a completed Islands ITPS and concludes that no inconsistencies between Bylaw 357 and the ITPS were found. The Bowen Island referral also included the recommendations and comments from the Bowen Island Municipality Economic Development Committee. Specific information concerning each amendment was not provided by the Bowen Island staff in the staff report dated May 7, 2013.
2.2 Policy Statement Directives Only Checklist
Attachment 1 is a copy of the “Policy Statement Directives Only Checklist” that is used to assess whether or not a bylaw is contrary to or at variance with the Islands Trust Policy Statement (ITPS).
Islands Trust Request For Decision Page 4 28 • Policies for Ecosystem Preservation and Protection. Directive policies under Part III of the ITPS deal with: o preservation and protection of ecosystems (policies 3.1.3, 3.1.4 and 3.1.5); o forest ecosystems (policy 3.2.2); o freshwater and wetland ecosystems and riparian zones (policy 3.3.2);and o coastal and marine ecosystems (policies 3.4.4 and 3.4.5).
The policies in this section of the ITPS are not applicable to proposed Bylaw 357.
• Policies for Stewardship of Resources Directive policies under Part IV of the ITPS deal with: o agricultural land (policies 4.1.4 to 4.1.9 inclusive) o forests (policies 4.2.6, 4.2.7, and 4.2.8) o freshwater Resources (policies 4.4.2 and 4.4.3) o coastal areas and marine shorelands (4.5.8 to 4.5.11 inclusive) o soils and other resources (policy 4.6.3)
Proposed Bylaw 357 is consistent with the coastal areas and marine shorelands policy 4.5.8 in this section of the ITPS. All other policies in this section are not applicable to the proposed bylaw.
• Policies for Sustainable Communities Directive policies under Part V of the ITPS deal with: o aesthetic qualities (policy 5.1.3) o growth and development (policies 5.2.3 to 5.2.6 inclusive) o transportation and utilities (policies 5.3.4 to 5.3.7 inclusive) o disposal of waste (policy 5.4.4) o recreation (policies 5.5.3 to 5.5.7) o culture and natural heritage (policies 5.6.2 and 5.6.3) o economic opportunities (policy 5.7.2) o health and well-being (policy 5.8.6)
Proposed Bylaw 357 is consistent with the growth and Development policy 5.2.3 and the recreation policies (5.5.3 & 5.5.4), and the economic opportunities 5.7.2 in this section of the ITPS. All other policies in this section are not applicable to the proposed bylaw.
Staff note that more information and clarification on how from Bowen Island Municipality has addressed Policy 5.2.4; more specifically, for the amendments made to Policy 175, Policy 188 and Objective 77.
2.3 Staff Comments
The purpose of the staff report at this time is to not approve the proposed OCP amendment bylaw, but to advise if the bylaw is or is not contrary to or at variance to the Islands Trust Policy Statement.
Staff is of the opinion Bylaw 357 is not contrary or at variance to the Islands Trust Policy Statement but require further information and clarification on how Bowen Island Municipality has addressed Policy 5.2.4 prior to submission for approval.
2.4 Public Comments to Executive Committee
As of the date of this RFD, one public comment has been received at the Islands Trust Office.
Islands Trust Request For Decision Page 5 29 ATTACHMENTS: 1. Islands Trust Policy Statement - Directives Only Checklist 2. Bylaw 357 – OCP Amendment 3. Public correspondence – June 13, 2014
KEY ISSUE(S)/CONCEPT(S): • Referral of the updated OCP under s.14.3 of the Bowen Island Municipality Letters Patent • OCP Referral is after First Reading and before Public Hearing • Written response to Bowen Island Municipality for both bylaws is required by July 15, 2014 (45 days after date of receipt of the referral on May 30, 2014) • Comments from Executive Committee limited to whether or not Bylaw 357 is contrary to or at variance with the ITPS • Staff considers that Bylaw 357 is not contrary to or at variance with the ITPS.
RELEVANT POLICY: • Islands Trust Policy Statement Directive Policies • 1.3.i Policy Statement Implementation Policy • Bowen Island Letters Patent
DESIRED OUTCOME: • Municipal bylaws that are not contrary to or at variance with the Islands Trust Policy Statement • Timely and effective response to The Municipality.
RESPONSE OPTIONS
Recommended: As above.
Alternatives: o Advise The Municipality in writing that the Executive Committee considers that Bylaw 357 is contrary to or at variance with the Islands Trust Policy Statement for other specified reasons, triggering notification of the Minister.
Prepared By: Kim Farris, Planner 1
Reviewed By/Date: David Marlor, DLPS June 26, 2014
Islands Trust Request For Decision Page 6 30 POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw and File No: BIM 357 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
Islands Trust Request For Decision Page 7 31 Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.2.2 protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 n/a protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 n/a planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 n/a identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses.
Islands Trust Request For Decision Page 8 32 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 n/a use of adjacent properties to minimize any adverse affects on agricultural land. CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address land n/a 4.1.8 uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 n/a use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 n/a need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 n/a with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 n/a measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 n/a compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 n/a opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.
Islands Trust Request For Decision Page 9 33 4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.6.3 n/a protection of productive soils.
PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 n/a the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 n/a the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.4.4 n/a the identification of acceptable locations for the disposal of solid waste.
Islands Trust Request For Decision Page 10 34 CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 n/a recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 n/a the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 n/a the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 n/a the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services. POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
Islands Trust Request For Decision Page 11 35 36 37 38 39 40 41 Date: June 13, 2014 To: Islands Trust Executive Committee From: Sue Ellen Fast Re: Lack of Consultation prior to OCP amendment Bylaw 357 - Bowen
This letter relates to the proposed adoption by Bowen Island Municipality of Bylaw 357 amending the Bowen Island OCP, which are contrary to the Islands Trust Policy Statement in process.
Data and details in this letter are referenced in some cases by their location on the attached spreadsheet.
1. Islands Trust Policy Statement
1.1 Trust Council believes that open, consultative public participation is vital to effective decision making for the Trust Area (guiding principle p. 6). 1.2 Commitments of Trust Council include 5.8.1: … that public participation should be part of the decision-making processes of all levels of government and 5.8.2: … island municipalities should, in establishing their official community plans and regulatory bylaws, provide opportunities for public input.
2. No consultation took place prior to first reading. 2.1 Economic Development Committee who provided the recommendations to Council that became Bylaw 357 did not invite, offer, or carry out consultation with citizens or organizations affected. 2.1.1 ED committee minutes April 2013 to March 2014 contain no mention of public input re OCP, or dates, or numbers of public consulted. I went to one of these and public input was not invited, although the OCP was mentioned and denigrated. (See cell G4 in attached data spreadsheet) 2.1.2 ED committee Chair participated in Council Strategic Planning session Feb 3 2014 Closed Council Meeting 3 - 3:45 pm (from EDC minutes Jan 2014). OCP amendments may have originated here. (See cell H4 in attached) 2.1.3 Origin of OCP amendments unknown, as no draft documents were recorded as being produced by ED committee in their minutes. (See cell I4 in attached) 2.2 Council did not invite, offer, or carry out consultation with citizens or organizations affected. (see cells G2, G3 in attached)
42
3. Process, transparency and opportunity to become informed and to comment have been obscured. 3.1 Council kept discussion brief in meetings they held in public, for a total of 11 min 51 sec before passing first reading (cells E3, E4). 3.2 Council did not discuss content or wording or rationale of Bylaw 357 in meetings they held in public. (cells E2, E3, E4) 3.3 Content of proposed amendments was not read aloud before first reading vote took place March 24, and some citizens watching did not know what Council was voting on. (cell H3, E3) 3.4 Municipal website was inaccessible Mar 24–Apr 14 so agendas and staff reports were unavailable; Council meetings take place Mondays during working hours and some live-streaming and video recordings were unavailable; and having two sets of OCP amendments in front of Council, both for first reading during spring 2014, added to the confusion. (cells H3, I3). 3.5 Councillors discussed Bylaw 357 outside of public meetings (cell E3). Unanimous voting (cells F2, F3, F4) with no substantial comments or discussion in meetings open to the public, and repeated identical comments such as “the wording has already been completed” and “straightforward” suggest that discussion took place in closed meetings as well. (cells E3, E4) 3.6 No date has been set for public meeting after first reading, except that it will be after referral agencies report back. (cell H2)
4. Conflict of interest concerns about two Councillors who have resigned, one of whom was also an Islands Trust Trustee until his resignation. 4.1 Changes proposed in Bylaw 357 to the commercial district boundaries of Snug Cove obviously anticipate the other set of OCP amendments and rezoning for Lot 2 Community Lands (Bylaws 352 and 353). Commercial land use is proposed to extend into Lot 2 Community Lands. 4.2 Bylaw 357 deletes wording that currently limits new commercial development to remain within the Village Commercial designated area shown on OCP Schedules C and C-1A: “avoid the creation of new commercial areas outside the Village Commercial area” (Policy 175).
43 4.3 Councillors Duntz and Jennings resigned March 14, after voting for bringing forward Bylaw 357 for first reading, and voting for first reading of Bylaws 352 and 353. Referring to Lot 2 Community Lands, Duntz wrote on his website, “we will now be able to help and provide value in our role as local developers”. (cells D4, D8, D9, www.wolfgangduntz.ca) 4.4 These Councillors are well known local developers and business partners, who also own land known as Parkview Slopes above and outside the current Snug Cove Village periphery. The local newspaper reported on the resignations and quoted Councillor Duntz as saying, “now that we are out of Council we will insist that they deal with re-zoning applications which we are bringing forward”, Bowen Island Undercurrent, March 21 2014. Should they be successful in bidding on the portions of Lot 2 that will be for sale, they have the potential to benefit not only by developing Lot 2 including commercial land use, and also by trading density with Parkview Slopes, but also by creating new commercial areas beyond the current Village Commercial district boundary such as on their Parkview Slopes. They also own land known as Cowan Point, above and outside Seymour Bay Municipal Park on the other side of the island, where the park has been changed by these councillors and rezoning applications are expected or underway (www.bowenislandproperties.ca/seymour-landing-at- cowan-point, item 8, five parcels “held for rezoning”). Here they have the potential to benefit from additional commercial development, trailer parks, and other island-wide OCP changes in Bylaw 357.
5. The current OCP is sound, authentic, and represents the community. 5.1 Public process during recent OCP Update was broad and deep, with over 700 diverse participants in a year-long process. 5.2 In the words of Dr. Dave Witty, municipal contract planner for the Update and Fellow of the Canadian Institute of Planners, it was “one of the most comprehensive OCP Updates completed in British Columbia.” Bowen Island Undercurrent, April 11 2014, p.4. 5.3 As chair of the OCP Update Steering Committee, I can attest to the successful efforts made by our eight diverse members to engage a wide cross-section of the community in the update process.
44 5.4 The process updated the 1996 OCP, which itself was considered at the time to be one of the most comprehensive OCP processes undertaken on any Gulf Island according to Dr. Dave Witty. Bowen Island Undercurrent, April 11 2014, p.4.
6. Context: Sweeping and significant island-wide OCP amendments are proposed in Bylaw 357. It overturns one of the current OCP’s fundamental goals related to the Islands Trust. Goal 6 is changed from current: “To manage growth in a way that it is conditioned by the natural environment and respects social and economic diversity” to “To manage growth in a way that respects social and economic diversity and the natural and built environments”. Bylaw 357 would also allow destination tourism attractions, all tourist accommodation types, campgrounds and trailer parks; changes designation of some parkland to commercial including critical nesting habitat for a blue-listed species; and opens the door to commercial sprawl beyond the current Snug Cove Village.
7. Conclusion: The process to date during the proposed adoption by Bowen Island Municipality of Bylaw 357 amending the Bowen Island OCP has been contrary to the Islands Trust Policy Statement, and should be corrected.
Attachments: data_process bylaw 357 BowenOCP2014.xlsx
(This attachment is a spreadsheet of data and details that I compiled as I researched the legitimacy of the proposed OCP amendment Bylaw 357. Some details in this letter are referenced by their location on the spreadsheet. Sources include video and audio recordings, notes from meetings attended by me or by former Islands Trustee and Trust Fund board member Nerys Poole, committee minutes, council agendas and minutes, staff reports and municipal email notifications of agendas having been posted.)
Respectfully Submitted by
Sue Ellen Fast
Chair, OCP Update Steering Committee (2011)
504 Reed Road, Bowen Island, British Columbia, V0N 1G1 ph 604 947-0483 [email protected]
45 Lack of Consultation prior to OCP amendment Bylaw 357 Bowen - Data and Details
Compiled by: Sue Ellen Fast, Chair 2011 Bowen OCP Update Steering Committee - June 2014 Purpose: research into legitimacy of the proposed OCP amendments Bylaw 357 Sources: Video and audio recordings, notes from meetings attended in person or from former Councillor Nerys Poole wh committee minutes, council agendas and minutes, municipal email notifications of agendas having
AB C D E F G H I 1 Council Council Bylaw Date Present Discussion Passed ConsultationTransparency 2 357: OCP 12 May 2014 Mayor J elapsed time Unanimously only ED C. Morse (I went to amendment Bylaw re-reading of Adelaar, not committee said that one of 357 2014 (Economic first reading, Councillors measured, no members there had these, public Development responding Morse, substantial (seven been input was Committee) to Islands Stone, Lucas comments or community comments not invited) Trust discussion, no members about these request for transcript and two things not clarification, available Councillors) being public, and to add and she just amendments wanted to re ferry from emphasize ED that the EDC committee meetings (agenda have all posted May been public, 7) there will be a public info meeting and once referral agencies report back
46 3 357: OCP Mar 24 Mayor J 3 min 29 Unanimously only ED I was there Council amendment Bylaw 2014, first Adelaar, sec: no committee and if I meetings 357 2014 (Economic reading Councillors substantial members hadn't read had moved Development (agenda Morse, comments or (seven the to Monday Committee EDC) posted Mar Stone, discussion, community committee during the 19) Lucas, and just members report in day, difficult Rhodes correcting and two agenda, I for citizens typos, a Councillors) would not with jobs to rebuttal of a have known participate. public what they Also APC comment were voting had been from earlier in on, because cleansed of meeting, and the members "Councillor proposed calling for Rhodes and I changes public were talking were not consultation, about this read aloud. see below. over lunch" - BIM website transcript down Mar 24 available to Apr 14, so people couldn't see agendas or minutes or observe/disc ern between this and other set of OCP amendments , some livestreamin
47 4 357: OCP Feb 24 2014 Mayor J 8 min 22 sec: Unanimously None. ED Chair ED Origin of amendment Bylaw staff are Adelaar, no substantial committee committee OCP 357 2014 (Economic directed to Councillors comments or minutes participates amendments Development bring it Morse, discussion, April 2013 to in Council unknown, as Committee) forward for Stone, repetitions, March 2014 Strategic no draft first reading Lucas, and transcript contain no Planning documents (agenda Rhodes, available mention of session Feb were posted Feb Jennings and public input 3rd Closed recorded as 19) Duntz re OCP, or Council being dates, or Meeting 3 - produced by numbers of 3:45 pm EDC public (from EDC committee in consulted minutes Jan their (notes 2014) Did minutes. available amendments "What originate Consult…") here?
5 352 and 353: Apr 14 Mayor and none no votepublic Staff said no community lands 2014, public Council, CAO spoke, more public (Lot 2) meeting 5–8 absent, provided consultation pm Duntz comments was planned attends as after ex-councillor presentation and is part of the allowed to meeting, respond and and argue with comment members of forms public
48 6 Resignations: Mar 14 2014 Councillors Duntz and Jennings 7
49 8 352 and 353: Mar 10 2014 regular 12 min 35 Unanimously Only the David Local community lands first reading council sec: no companies Podmore, referral (Lot 2) (agenda meeting: substantial and TAB Chair, group posted Mar Mayor J comments or individuals was Advisory 5) Adelaar, discussion, appointed to scheduled to Planning Councillors only who to the TAB. No present Committee Morse, refer to and community report in had earlier Stone, when to hold groups were public at been Lucas, and community consulted council cleansed of Rhodes, meeting, ahead of the meeting Mar voices Jennings and handwritten community 24, but calling for Duntz transcript meeting cancelled. consultation available April 14, (about according to another Council Council discussion, proposal not BIAC, or identified in children's the OCP as a centre, or major land any other. use planning issue: Peter W and Brenda M)No reasons were given for the expulsions which took place Apr 22 2013.
50 9 352 and 353: Mar 3 2014 Council elapsed time no vote community lands Committee not (Lot 2) of the Whole measured, no transcript available. 10 352 and 353: July 9 2013 Council every no vote None None TAB final community lands appointed meeting of report to (Lot 2) Temporary TAB was Council was Advisory closed, no part of Board info available, Judy's staff (TAB): 5 meetings report at Councillor held. Council's Duntz*, Mar 10 2014 Councillor meeting Jennings*, Councillor Rhodes, chair David Podmore, Elizabeth Ballantyne, Steven Bellringer*, Tim Wake (as consultant), Tom Rafael, Jim Cox
51 ho attended, been posted.
52 I was there and if I hadn't read the committee report in agenda: Bylaws- Amendment to the OCP, March 17, 2014.pdf I would not have known what they were voting on because the proposed changes were not read aloud.
53 In Feb 24 Council meeting, C. Stone asks, “Speaking to the work that’s been done, was it primarily work of you two or was it the entire committee?” C. Rhodes replies “The entire committee had input absolutely.” (10:40 in transcript)
54 No video recording available, only an mp3 audio file that I had to go to hall to get
55
REQUEST FOR DECISION
To: Executive Committee For the Meeting of:: June 26, 2014
Date: July, 2014
SUBJECT: BOWEN ISLAND – LUB BYLAW 367 – S.15 LETTERS PATENT REFERRAL
RECOMMENDATION: THAT the Executive Committee advise Bowen Island Municipality that the Bylaw 367, cited as “Bowen Island Municipality Land Use Bylaw No.57, 2002, Amendment Bylaw No. 367, 2014” is not contrary or at variance to the Islands Trust Policy Statement.
CHIEF ADMINISTRATIVE OFFICER COMMENTS: Bowen Island Municipality has referred Bylaw 367 to the Executive Committee after first reading. It is a ‘non-OCP’ bylaw that requires comment only, rather than approval. Staff recommends that the Executive Committee advises that the bylaw is not contrary to or at variance to the Islands Trust Policy Statement.
IMPLICATIONS OF RECOMMENDATION
ORGANIZATIONAL: None
FINANCIAL: None
POLICY: Islands Trust Act; Islands Trust Policy Statement; Bowen Island Letters Patent; and Protocol Agreement – Islands Trust Council and Bowen Island Municipality.
IMPLEMENTATION/COMMUNICATIONS: Communication to Bowen Island Municipality before July 17, 2014 on the Executive Committee decision.
OTHER: None
1.0 BACKGROUND:
Note 1 - the term “Bowen Municipality” or “Bowen Island Municipality” is used in the Islands Trust Act, regulations and Policy, and the term “The Municipality” is used in the Bowen Island Municipality Letters Patent. All are deemed to mean the same. For the purpose of this report, the term “the Municipality” shall be used, except where quoting from legislation.
Note 2 – the Bowen Letters Patent refer to “Islands Trust”, while the authority for bylaw approval is the “Executive Committee”. Both are deemed to mean the same thing. For the purpose of this report, the term “Executive Committee” shall be used, except where quoting from legislation.
Islands Trust Request For Decision Page 1 56 1.1 Bowen Island Land Use Bylaw Amendment 367 – First Reading
Bylaw 367 is a Land Use Bylaw Amendment to rezone two properties (Lot A and Lot 5) located in the Snug Cove Village to a Comprehensive Development (CD) zone to enable redevelopment of the lots. Lot A is 0.1 ha (0.25 acre) in area and is zoned site specific Village Commercial 1 - VC1(a). The neighbouring Lot 5 is 0.03 ha (0.08 acre) in area and is zoned Village Commercial 1 (VC1). The VC1 zone permits the following uses: retail, general services, office, restaurant, dwelling, assembly, indoor recreation facility, outdoor entertainment facility, and cottage industry. The VC1(a) zone allows a pub as a permitted use and all the principle uses in the VC1 zone.
Lot A is the current location of the Bowen Island Pub which has a residential unit above and retail units below with the remainder of the parcel used for parking. Lot 5 is currently used for parking. Bowen Island staff state that the applicant may consider consolidation of the two lots if the rezoning is successful.
The parcels are located within the Cove Bay Water System and the Snug Cove Sewer Collection Area. Bowen Island staff have noted that the owner’s intention is to connect the proposed development to these systems. There are no sensitive ecosystems located on the subject properties. The parcels are also located within the Village Revitalization Development Permit Area (DPA) designated in the Official Community Plan for form and character.
Map 1: Subject Properties
Lot 5 Lot A
The proposed CD 20 zone would allow a mixed-use development consisting of all the principle uses permitted in the VC1(a) zone. The following are CD 20 regulations that are not found in the VC1(a) zone: Commercial Guest Accommodation is a not a permitted accessory use; Dwelling, detached are not permitted buildings and structures; Maximum number of dwelling units is 12; Maximum height is 11 metres or 13 metres (depending on distance from Bowen Island Trunk Road); Maximum height of an accessory building or structure is 4 metres; Interior side lot line setback is 0 metres; Exterior side lot line is 2 metres; And Conditions of Use (please refer to CD 20 zone) are all new.
The owner is proposing to redevelop the two subject properties in two phases. The first phase will consist of constructing a building on the northern portion of the property. The building will Islands Trust Request For Decision Page 2 57 have commercial uses on the ground floor, a new pub on the second floor, and three staff dwelling units on the top floor. Once the building is completed, the older building would be demolished. The second phase will include the construction of a second new building on the southern portion of the lot that would consists of underground parking, commercial floor area and three residential dwelling units on the main floor, and six residential dwelling units on the upper floors.
The subject properties are designated Village Commercial in the Bowen Island Municipality Official Community Plan. The following OCP policies are directly applicable to the zoning amendment application: Policy 129 - The provision of multi-dwelling units will be achieved through density re- allocation – there will be no overall increase in the total number of primary dwelling units than was anticipated in the 1996 OCP. Policy 101 - The Municipality will use the following guidelines in considering a rezoning application for mixed use and residential development. The proposed development should: contribute to the social diversity of the island’s population and meet any recognized deficiencies in the quantity or quality of existing village residential, rural residential, affordable, rental or special needs housing; not place an undue strain on existing public services and infrastructure; and not unfairly increase public costs for existing property owners. Policy 161 - The following are considered possible locations for higher density housing: the upper floors of commercial buildings; lands designated Village Residential on Schedules C and C – 1A; the Abbeyfield site 43 on the west side of Miller Road; redevelopment of the lots on the west of Miller Road between Bowen Court and the Bowen Island Trunk Road intersection; the east side of Miller Road north of the civic facility precinct (RCMP station); the lands between Bowen Island Community School and Senior Road on the north side of Bowen Island Trunk Road; and redevelopment of the lots in the Davies Road area. Policy 170 - Residential use within commercial buildings is supported to help reinforce and strengthen the viability of the Village Commercial area. Policy 178 - Encourage and accommodate mixed use commercial / residential buildings within the area designated Village Commercial. Policy 359 - In the interest of creating a diverse inventory of affordable housing, and in accordance with Policy #08-03, Bowen Island Municipality Affordable Housing Policy, all new development of three or more units requiring a rezoning will: provide 15% of the gross floor space as non-market “affordable housing”, integrated on-site with market housing; or make an equivalent financial contribution to the Municipality to be directed to a Housing Reserve Fund or Housing Trust Fund; and not be issued an occupancy permit for any phase of market housing in a development of three or more units until the corresponding affordable housing has been granted occupancy. Policy 364 - Other than secondary suites, the majority of affordable and special needs housing should be located within Snug Cove Village. If any other location is proposed, it will be easily accessible to public transit.
Bowen Island staff state that they will continue to work with the applicant with regard to ensuring the development of a housing agreement as required in Policy 359 of the OCP.
The Bowen Island Municipal Council gave First Reading to proposed Bylaw 367 on May 26, 2014.
1.2 Bowen Island Letters Patent
The relevant sections of the Bowen Island Letters Patent related to the Executive Committee’s responsibilities in consideration of municipal bylaws are summarized as follows:
Islands Trust Request For Decision Page 3 58 Section 15 states that “where a municipality proposes to adopt a bylaw, other than an official community plan bylaw, which has any reference to a matter included in the Trust Policy Statement, the municipality shall refer the proposed bylaw to the Islands Trust prior to third reading of the proposed bylaw, and the Islands Trust must advise the Council if it has any objections to the proposed bylaw within 45 days after the date of the referral, subject to the provisions of, and procedures which may be established in an agreement between the municipality and the Islands Trust pursuant to section 17.0 of these Letters patent, after which time Council may proceed with the proposed bylaw subject to Section 15.1 of these Letters Patent.
1.3 Islands Trust Policy 1.3.i [Policy Statement Implementation Policy] Islands Trust Policy 1.3.i is the Policy Statement Implementation Policy. Relevant sections of the Policy in regard to a referral between first reading and a public hearing are included below:
1. Policy D1.4 of Policy Statement Implementation Policy states that: The Islands Trust Policy Statement require local trust committees in the official community plan and regulatory bylaws, and island municipalities under Section 38 (1) of the Islands Trust Act to address certain matters from the Policy Statement, or explicit reasons and justifications for not doing so. A bylaw will not be contrary to or at variance with the Policy Statement if it fails to include a particular policy or regulation, so long as the bylaw contains sufficient reason or justification for not doing so.
2. Policy D1.5 of Policy Statement Implementation Policy states that: Where an updated bylaw does not include a particular policy or regulation required by the Policy Statement and the bylaw sets out reasons for that, the Executive Committee and Trust Council will assess the sufficiency of those reasons using such criteria as: a) whether the reasons are explicitly set out such that it is clear that the local trust committee directed its attention to the matter in question and made a considered decision not to include the policy or regulation. b) whether the reasons have to do with particular local circumstances that may not have been contemplated in the drafting of the Policy Statement. c) whether the reasons arise from the necessity of balancing two or more components of the Policy Statement that cannot be achieved simultaneously. d) whether existing planning studies or reports relied on by the local trust committee indicate that the Policy Statement is inapplicable in the circumstances.
1.4 Bowen Island LUB Referral Process Referral of a Land Use Bylaw from the Municipality occurs before Third Reading in accordance with s.15 of the Letters Patent. The referral and approval process is outlined in the Protocol Agreement between the Islands Trust Council and Bowen Island Municipality, available here: http://islandstrust.bc.ca/tc/pdf/orgagrsep142010oth.pdf
1.5 Executive Committee Consideration The Letters Patent sets out the time limits on the process for a referral before Third reading. The Executive Committee has 45 days from the date of receipt of the LUB referral to provide written comments to The Municipality. Section 15 of the Letters Patent requires that the Executive Committee advise the Municipality if it has any objection to the bylaw within the 45 day time limit.
The Municipality referred the Bylaw for comment to the Islands Trust Executive Committee on May 28, 2014 and the bylaw was received on June 2, 2014. A response is required to be received at the Municipality no later than the end of the day on July 17, 2014.
The Executive Committee may:
Islands Trust Request For Decision Page 4 59 1. advise the Municipality that is no objections to the bylaw; or 2. advise the Municipality that it consider that provisions of the bylaw may be contrary to or at variance with the Trust policy statement.
1.6 The Municipality’s Considerations Should the Executive Committee advise the Municipality that it considers that provisions of the bylaw may be contrary to or at variance with the ITPS, then the Municipality must notify the Minister of Community, Sport and Cultural Development.
In this situation, the Minister may then provide advice or direction to the Municipality and Islands Trust regarding the proposed bylaw or require the Municipality and Islands Trust to resolve the issues using dispute resolution mechanisms contained in Section 859 and 862 of the Local Government Act.
2.0 REPORT/DOCUMENT:
2.1 Bylaw 367 – Analysis
Islands Trust staff are of the opinion that the proposed zoning amendments meet the policies in the Bowen Island Municipality Official Community Plan based on the following: Higher density housing will be located on the upper floors of commercial buildings; Residential use within commercial buildings will help reinforce and strengthen the viability of the Village Commercial area; Encourages and accommodates mixed use commercial / residential buildings within the Village Commercial area; The increase in residential dwelling units will help to provide non-market affordable housing, integrated on-site with market housing; or an equivalent financial contribution to a Housing Reserve Fund or Housing Trust Fund; and If Affordable housing is provided, it would be located within Snug Cove Village.
The existing VC1 and VC1(a) zones permit dwellings as a principal use of the land. Unfortunately, the existing VC1 and VC1(a) zones do not regulate density; in other words, there is no maximum for the number of dwelling units. The proposed zoning amendment will regulate the maximum number of dwelling units to 12 units. Policy 129 in the Bowen Island Official Community Plan states that the provision of multi-dwelling units will be achieved through density re-allocation – there will be no overall increase in the total number of primary dwelling units than was anticipated in the 1996 OCP. Bowen Island staff have stated to Islands Trust staff that the zoning proposal will not exceed the total number of primary dwelling units that was anticipated in the 1996 OCP.
Based on the information provided in the Bowen Island Municipality staff report dated May 21, 2014, it can be concluded that there will be no inconsistencies between Bylaw 367 and the Bowen Island Municipality OCP.
2.2 Policy Statement Directives Only Checklist
Attachment 1 is a copy of the “Policy Statement Directives Only Checklist” that is used to assess whether or not a bylaw is contrary to or at variance with the Islands Trust Policy Statement (ITPS).
Policies for Ecosystem Preservation and Protection. Directive policies under Part III of the ITPS deal with: o preservation and protection of ecosystems (policies 3.1.3, 3.1.4 and 3.1.5); o forest ecosystems (policy 3.2.2); Islands Trust Request For Decision Page 5 60 o freshwater and wetland ecosystems and riparian zones (policy 3.3.2);and o coastal and marine ecosystems (policies 3.4.4 and 3.4.5).
The policies in this section of the ITPS are not applicable to proposed Bylaw 367.
Policies for Stewardship of Resources Directive policies under Part IV of the ITPS deal with: o agricultural land (policies 4.1.4 to 4.1.9 inclusive) o forests (policies 4.2.6, 4.2.7, and 4.2.8) o freshwater resources (policies 4.4.2 and 4.4.3) o coastal areas and marine shorelands (4.5.8 to 4.5.11 inclusive) o soils and other resources (policy 4.6.3)
The policies in this section of the ITPS are not applicable to proposed Bylaw 367.
Policies for Sustainable Communities Directive policies under Part V of the ITPS deal with: o aesthetic qualities (policy 5.1.3) o growth and development (policies 5.2.3 to 5.2.6 inclusive) o transportation and utilities (policies 5.3.4 to 5.3.7 inclusive) o disposal of waste (policy 5.4.4) o recreation (policies 5.5.3 to 5.5.7) o culture and natural heritage (policies 5.6.2 and 5.6.3) o economic opportunities (policy 5.7.2) o health and well-being (policy 5.8.6)
Proposed Bylaw 367 is consistent with the Growth and Development policies (5.2.5 to 5.2.5) and the Economic Opportunities policy 5.7.2. All other policies in this section are deemed to be not applicable to the proposed bylaw by the Islands Trust staff.
2.3 Staff Comments
The purpose of the staff report is to not approve the LUB amendment bylaws, but to advise if the bylaw is or is not contrary to or at variance to the Islands Trust Policy Statement. Based on a review of the Bylaw, Bowen Island staff report, and ITPS Checklist, Islands Trust staff is of the opinion that the Bylaw is not contrary or at variance with the ITPS.
2.4 Public Comments to Executive Committee
As of the date of this RFD, no public comments have been received at the Islands Trust Office.
ATTACHMENTS: 1. Islands Trust Policy Statement - Directives Only Checklist 2. Bylaw 367 – LUB amendment
KEY ISSUE(S)/CONCEPT(S): referral of the Bylaw 367 under s.15 of the Letters Patent Referral is before Third Reading Written response to Bowen Island Municipality required by July 17, 2014 (45 days after date of receipt of the referral on June 2, 2014) Comments from Executive Committee limited to whether or not Bylaw 367 is contrary to or at variance with the ITPS Staff considers that Bylaw 367 is not contrary to or at variance with the ITPS.
Islands Trust Request For Decision Page 6 61 RELEVANT POLICY: Islands Trust Policy Statement Directive Policies 1.3.i Policy Statement Implementation Policy Bowen Island Letters Patent
DESIRED OUTCOME: Municipal bylaws that are not contrary to or at variance with the Islands Trust Policy Statement Timely and effective response to The Municipality.
RESPONSE OPTIONS
Recommended: As above.
Alternatives: o Advise The Municipality in writing that the Executive Committee considers that Bylaw 367 is contrary to or at variance with the Islands Trust Policy Statement for other specified reasons, triggering notification of the Minister.
Prepared By: Kim Farris, Planner 1
Reviewed By/Date: David Marlor, Director of Local Planning Services June XX, 2014
Islands Trust Request For Decision Page 7 62 POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw and File No: BIM 367 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
Islands Trust Request For Decision Page 8 63 Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 3.2.2 protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 n/a protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 n/a planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 n/a identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses.
Islands Trust Request For Decision Page 9 64 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.6 n/a use of adjacent properties to minimize any adverse affects on agricultural land. CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address land n/a 4.1.8 uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 n/a use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 n/a need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 n/a with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.4.3 n/a measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 n/a needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 n/a compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the n/a 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 n/a opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.
Islands Trust Request For Decision Page 10 65 4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.6.3 n/a protection of productive soils.
PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 n/a the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.6 n/a the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.4.4 n/a the identification of acceptable locations for the disposal of solid waste.
Islands Trust Request For Decision Page 11 66 CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.3 n/a the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 n/a recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.7 n/a the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 n/a the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 n/a the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address n/a 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services. POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
Islands Trust Request For Decision Page 12 67 68 Bylaw Submission Staff Report
File No.: NP-RZ-2012.2 Date: June 26, 2014
To: Executive Committee For the meeting of July 2, 2014
From: Kim Farris, Planner 1
Re: North Pender Bylaws No. 195 and 197
Introduction: The North Pender Island Local Trust Committee is pleased to submit proposed Bylaw No. 195 and proposed Bylaw No. 197, which amends the North Pender Island Official Community Plan (OCP) and the North Pender Island Land Use Bylaw (LUB). The purpose of this briefing note is to provide the Executive Committee with a summary of the two bylaws which address the development of the subject property.
Purpose: The purpose of bylaw 197 is to amend the North Pender Island Official Community Plan to re-designate a portion of the property from Rural to Conservation.
The purpose of bylaw 195 is to amend the North Pender Island Land Use Bylaw to remove the commercial guest accommodation use (agri-tourist accommodation); to permit two dwellings and two cottages with limited floor area on the Rural portion, clustering development potential from the other Rural portion of the parcel; prevent further subdivision; limit uses in the ALR zoned portion to agriculture, one dwelling and temporary farm manager accommodation; and rezone the southern Rural zoned portion to ECO zone. Proposed s. 219 covenants would establish a conservation covenant over the southern Rural zoned portion of the property, protect a yew tree and veteran Douglas-fir, require removal or conversion of the existing commercial guest accommodation and one dwelling, limit tree removal along the shoreline, require implementation of energy efficient design features in new construction, require dedication of Clam Bay Road, and implement professional recommendations related to construction and siting.
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Background:
First Reading was given to proposed Bylaws 195 and 197 at the April 24th, 2014 LTC meeting. A community information meeting and public hearing was held as part of the regular LTC business meeting on June 26th, 2014. Following the public hearing proposed Bylaws 195 and 197 were given Second and Third Reading. The Islands Trust Policy Statement Checklist was endorsed by the LTC at the meeting of May 22nd.
Issues Relating To Provincial Interest: In response to the bylaw referrals, no objections or concerns were raised by any provincial ministry or agency, nor any First Nation.
Issues Relating To Enforcement or Resourcing: Monitoring and follow-up of covenant conditions will be required by Planning staff during and following development. Once development is completed the permanent covenant restrictions are minimal.
Recommendation: 1. THAT the Islands Trust Executive Committee approve Proposed Bylaw No. 197, cited as “North Pender Island Official Community Plan Bylaw No. 171, 2007, Amendment No. 1, 2014”.
2. THAT the Islands Trust Executive Committee approve Proposed Bylaw No. 195, cited as “North Pender Island Land Use Bylaw 103, 1996, Amendment No. 2, 2014”.
Attachment 1 – ITPS Checklist Attachment 2 – Proposed Bylaw no. 195 Attachment 3 – Proposed Bylaw no. 197
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Print Date: Jun-26-2014
Bylaw: NP-195
Trust Area: North Pender Island Local Trust Committee Type: Land Use Bylaw Bylaw No: NP -195 Application No: NP-RZ-2012.2 Trust Initiated: No
Proofread By:
Clerk: No Technical Staff: No Planner: Yes
First Reading Date: Apr -24-2014 Bylaw Sent to Referrals: Yes Date Proposed Bylaw to Web: 04/28/2014 Resolutions:
Resolution Waiving Public Hearing: No Resolution Authorizing Public Hearing: Yes Resolution to Proceed No Further Date:
Secretary Signature Block:
Secretary's Signature: Sharon Lloyd -deRosario Date: 06/10/2014 File complete and ready for Public review: Yes
Public Hearings:
Location: North Pender Island Community Hall Proofread By: Sharon Lloyd -deRosario
Legal Paper: Gulf Island Driftwood First Publish Date: 06/11/2014 Second Publish Date: 06/18/2014
Alternate Paper: First Publish Date: Second Publish Date:
Mailout Date: 06/05/2014 Deliver Notices: 06/09/2014 Date Public Hearing Held: 06/26/2014 Second Reading Date: Jun -26 -2014 Third Reading Date: Jun -26 -2014
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Print Date: Jun-26-2014
Bylaw: NP-195
Referrals
Agency Sent Received Capital Regional District - Electoral Area May-01-2014 Jun-02-2014 Electoral Area : Howe, Dave Comments: Interests unaffected by bylaw Capital Regional District Planning & Protective May-01-2014 Jun-02-2014 Services Building Inspection Division Headquarters : Gutierrez, Robert Comments: Interests unaffected by bylaw Pauquachin First Nation May-01-2014 9010 West Saanich Road : Henry, Danny Comments: Tsartlip First Nation May-01-2014 PO Box 70 : Harry, Karen Comments: Tsawwassen First Nation May-01-2014 1926 Tsawwassen Drive : McCarthy, Tom Comments: Tseycum First Nation May-01-2014 1210 Totem Lane : Jones, Tanya Comments: Ministry of Agriculture May-01-2014 PO Box 9099, Stn. Prov. Govt. : Kline, Rob Comments: Islands Trust Fund May-01-2014 200, 1627 Fort Street : Eliason, Jennifer Comments: Tsawout First Nation May-01-2014 PO Box 121, 7725 Tetayut Road : Underwood, Gwen Comments: Ministry of Forests, Lands & Natural Resource May-01-2014 Operations -Archaeology Site Inventory PO Box 9816 Stn. Prov. Govt. : Cooper, Diana Comments: South Pender Island Local Trust Committee May-01-2014 Jun-24-2014 200 - 1627 Fort Street : Hancock, Ken Comments: Interests unaffected by bylaw Island Health May-01-2014
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Health Protection and Environmental Services : Laughlin, Christopher Comments: Malahat First Nation - Te'mexw Treaty Association May-01-2014 110 Thunder Road : Lewis, Lawrence Comments: Lake Cowichan First Nation May-01-2014 313B Deer Road : Chief, & Council Comments: Lyackson First Nation May-01-2014 7973A Chemainus Road : Johnnie, Kathleen Comments: Ministry of Transportation and Infrastructure May-01-2014 May-02-2014 Saanich Area Office : Evanoff, Ryan Comments: No objections; subject to comments outlined Mayne Island Local Trust Committee May-01-2014 Jun-26-2014 Islands Trust : Luckham, Peter Comments: Interests Unaffected by Bylaw Salt Spring Island Local Trust Committee May-01-2014 Jun-26-2014 1 - 500 Lower Ganges Road : Malcolmson, Sheila Comments: SSI LTC has not been able to comment on the bylaw at this time Saturna Island Local Trust Committee May-01-2014 200 - 1627 Fort Street : Hancock, Ken Comments: Pender Island Fire Rescue May-01-2014 PO Box 61 : Boyte, Charlie Comments: Cowichan Tribes May-01-2014 Chief and Council : Reed, Helen Comments: Halalt First Nation May-01-2014 Chief and Council : Gladstone, Caroline Comments: Agricultural Land Commission May-01-2014 Rm. 133 4940 Canada Way : Pellett, Tony Comments:
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Referral of: __Bylaw No. 195 &197______
First Nation: Cowichan Tribes
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up phone call re: Public Hearing date – no SLD objections to the bylaws
First Nation: Halalt First Nations
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up Phone call – left message re: Public SLD Hearing date & invited comments – awaiting response
First Nation: Lake Cowichan First Nations
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up phone call re: Public Hearing date: left SLD Msg with reception - waiting for response
First Nation: Lyackson First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left msg with reception re: Public Hearing date – SLD waiting for response
First Nation: Malahat First Nation – RE’Mexw Treaty Association
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow Up phone call re: Public Hearing date– no SLD comments
First Nation: Pauquachin First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left Msg re: Public Hearing date – SLD
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74
First Nation: Penelakut Tribe
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Deferred response to Saanich tribes – no comment SLD
First Nation: Tsartlip First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg - they confirmed receipt SLD June 10/14 Follow up phone call – left msg re Public Hearing SLD date - awaiting response.
First Nation: Tsawout First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left phone Msg re: Public Hearing date - awaiting SLD response
First Nation: Tsawwassen First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Phoned & left msg re Public Hearing date – awaiting SLD response
First Nation: Tseycum First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left Msg with reception re: Public Hearing date– SLD
75 Bylaw: Page 1 of 2
Print Date: Jun-26-2014
Bylaw: NP-195
Executive Committee
Policy Checklist
Checklist Key: Consistent The bylaw is consistent with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Contrary The bylaw is inconsistent (contrary or at variance) with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Not-Applicable The policy is not applicable with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv .
Executive Committee Legistaltive Role Policy (2.4) Consistent i Bylaw is consistent with the object of the Trust
Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement Consistent iii Bylaw does not expose the Islands Trust to unreasonable expense in the administration or enforcement of the bylaw
Consistent iv Bylaw is not enacted without legal authority, including inconsistency with the relevant OCP (based on legal advice)
Checklist Key: Requires Resources Staff resources required to assist with administration. No Resources No staff resources required. Required
The Bylaw has been Examined Against Best Management Practices for Delivery of Local Planning Services as found in Section 5.9 of the Islands Trust Policy Manual
No Resources B.5 Staff will provide Local Trust Committees (LTC) and Executive Required Committee with advice regarding proposed Official Community Plan (OCP) amendments that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.
No Resources B.10 Staff will provide Local Trust Committees and Executive Required Committee with advice regarding any proposed Land Use Bylaw (LUB) or other regulatory amendment that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.
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Comments:
Monitoring and follow -up of covenant conditions will be required by Planning staff during and following development. Once development is completed the permanent covenant restrictions are minimal.
Completed By: Kim Farris
All administrative procedure bylaws are considered to be in compliance with the policy statement and the object of the Islands Trust.
Status:
Date Resolution Referred to Jun -26 -2014 Exective Committee:
Readings:
77 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page3.cfm?id=1656&type ... 26/ 06/ 2014 PROPOSED NORTH PENDER ISLAND LOCAL TRUST COMMITTEE
BYLAW NO. 195
************************************************************************************************************************** A BYLAW TO AMEND NORTH PENDER ISLAND LAND USE BYLAW 103, 1996 **************************************************************************************************************************
WHEREAS the North Pender Island Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the North Pender Island Local Trust Area, pursuant to the Islands Trust Act;
AND WHEREAS the North Pender Island Local Trust Committee wishes to amend Land Use Bylaw 103, 1996;
AND WHEREAS the North Pender Island Local Trust Committee has held a Public Hearing;
NOW THEREFORE the North Pender Island Local Trust Committee enacts in open meeting assembled as follows:
A. Bylaw No. 103, cited as "North Pender Island Land Use Bylaw 103, 1996" is amended as follows:
1. Article 8.2.8(1) is amended by deleting the R(b) site-specific regulations in the table and replacing them with the following:
Column 1 Column 2 Column 3 Site- Specific Zone Legal Description Site Specific Regulations Reference R(b) That Part of Parcel K, (1) Despite Subsection 8.2.1, no lot having an (DD503141), Section 22 and area less than 8 hectares may be created 23, Cowichan Land District, by subdivision on the portion of the lying west of District Plan 5063, property zoned Rural (R)(b). Pender Island, lying within the (2) Despite Article 8.2.2(1), the only permitted Rural (R) Zone. uses in this location are dwellings, cottages and agriculture. (3) Despite 8.2.3(1), a maximum of two dwellings and two cottages are permitted in the portion of the property zoned Rural (R)(b). (4) The maximum permitted floor area for one dwelling is 700 m² on the portion of the property zoned Rural (R)(b). (5) The maximum permitted floor area for one dwelling is 300 m² on the portion of the property zoned Rural (R)(b). (6) The two dwellings and two cottages permitted in the portion of the property zoned Rural (R)(b) must be sited in accordance with “R(b) Siting Plan” attached as Schedule G. (7) Two cottages on the lot may be attached and if two cottages are attached, they are deemed to be two separate structures for the purposes of density and floor area.
2. Article 8.3.8(1) is amended by deleting the AG(c) site-specific regulations in the table and replacing them with the following:
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78 8.3.8 Site Specific Regulations
Column 1 Column 2 Column 3 Site- Legal Description Site Specific Regulations Specific Zone Reference AG(c) That Part of Parcel K, (1) Despite Subsection 8.3.1, no lot having an (DD503141), Section 22 and area less than 30 hectares may be 23, Cowichan Land District, created by subdivision on the portion of lying west of District Plan 5063, the property zoned Agricultural (AG)(c). Pender Island, lying within the (2) Despite Article 8.3.2(1), the only permitted Rural (R) Zone. uses in this location are the uses permitted by 8.3.2(1)(a), (b), (d) and one manager’s suite consisting of sleeping, cooking and sanitary facilities. (3) The manager’s suite is not to exceed 55m² in floor area . (4) Despite 8.3.2(1)(b), a maximum of one dwelling is permitted in the portion of the property zoned Agricultural (AG)(c).
3. Schedule “D” (Zoning Map for North Pender Island) is amended in accordance with the map attached to and forming part of this bylaw as Plan No. 1.
4. A new Schedule “G” is attached following Schedule “F”, entitled “Schedule G, Detailed Plans”.
5. Plan No. 2, attached to and forming part of this Bylaw, is attached to Schedule G as “R(b) Siting Plan”.
B. This Bylaw may be cited as "North Pender Island Land Use Bylaw 103, 1996, Amendment No. 2, 2014".
C. If any provision of this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, the invalid provision must be severed from the Bylaw and the decision that such provision is invalid must not affect the validity of the remaining provisions of the Bylaw.
READ A FIRST TIME this 24 th day of April , 2014
PUBLIC HEARING HELD this 26th day of June , 2014
READ A SECOND TIME this 26th day of June , 2014
READ A THIRD TIME this 26th day of June , 2014
APPROVED BY THE EXECUTIVE COMMITTEE this day of 20__
ADOPTED this day of , 20__
______Chair Secretary
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79
NORTH PENDER ISLAND LOCAL TRUST COMMITTEE
BYLAW No. 195
PLAN No. 1
“North Pender Island Land Use Bylaw No. 103, 1996, Schedule “D” Zoning Map” is amended as follows:
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80 NORTH PENDER ISLAND LOCAL TRUST COMMITTEE
BYLAW No. 195
PLAN No. 2
“North Pender Island Land Use Bylaw No. 103, 1996, Schedule “G” Detailed Plans” is amended by adding the following: “R(b) Siting Plan”
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81 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 1
POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw and File No: Bylaw Nos. 195 & 197 (NP-RZ-2012.2) PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
82 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.6 use of adjacent properties to minimize any adverse affects on agricultural land.
83 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3
CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. N/A Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.4.3 measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.8 needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.
84 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.6.3 protection of productive soils.
PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.
85 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 5
CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of N/A 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.
POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
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86 87 Bylaw Submission Staff Report
File No.: NP-RZ-2012.2 Date: June 26, 2014
To: Executive Committee For the meeting of July 2, 2014
From: Kim Farris, Planner 1
Re: North Pender Bylaws No. 195 and 197
Introduction: The North Pender Island Local Trust Committee is pleased to submit proposed Bylaw No. 195 and proposed Bylaw No. 197, which amends the North Pender Island Official Community Plan (OCP) and the North Pender Island Land Use Bylaw (LUB). The purpose of this briefing note is to provide the Executive Committee with a summary of the two bylaws which address the development of the subject property.
Purpose: The purpose of bylaw 197 is to amend the North Pender Island Official Community Plan to re-designate a portion of the property from Rural to Conservation.
The purpose of bylaw 195 is to amend the North Pender Island Land Use Bylaw to remove the commercial guest accommodation use (agri-tourist accommodation); to permit two dwellings and two cottages with limited floor area on the Rural portion, clustering development potential from the other Rural portion of the parcel; prevent further subdivision; limit uses in the ALR zoned portion to agriculture, one dwelling and temporary farm manager accommodation; and rezone the southern Rural zoned portion to ECO zone. Proposed s. 219 covenants would establish a conservation covenant over the southern Rural zoned portion of the property, protect a yew tree and veteran Douglas-fir, require removal or conversion of the existing commercial guest accommodation and one dwelling, limit tree removal along the shoreline, require implementation of energy efficient design features in new construction, require dedication of Clam Bay Road, and implement professional recommendations related to construction and siting.
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Background:
First Reading was given to proposed Bylaws 195 and 197 at the April 24th, 2014 LTC meeting. A community information meeting and public hearing was held as part of the regular LTC business meeting on June 26th, 2014. Following the public hearing proposed Bylaws 195 and 197 were given Second and Third Reading. The Islands Trust Policy Statement Checklist was endorsed by the LTC at the meeting of May 22nd.
Issues Relating To Provincial Interest: In response to the bylaw referrals, no objections or concerns were raised by any provincial ministry or agency, nor any First Nation.
Issues Relating To Enforcement or Resourcing: Monitoring and follow-up of covenant conditions will be required by Planning staff during and following development. Once development is completed the permanent covenant restrictions are minimal.
Recommendation: 1. THAT the Islands Trust Executive Committee approve Proposed Bylaw No. 197, cited as “North Pender Island Official Community Plan Bylaw No. 171, 2007, Amendment No. 1, 2014”.
2. THAT the Islands Trust Executive Committee approve Proposed Bylaw No. 195, cited as “North Pender Island Land Use Bylaw 103, 1996, Amendment No. 2, 2014”.
Attachment 1 – ITPS Checklist Attachment 2 – Proposed Bylaw no. 195 Attachment 3 – Proposed Bylaw no. 197
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Print Date: Jun-26-2014
Bylaw: NP-197
Trust Area: North Pender Island Local Trust Committee Type: Official Community Plan Bylaw Bylaw No: NP -197 Application No: NP-RZ-2012.2 Trust Initiated: No
Proofread By:
Clerk: No Technical Staff: No Planner: No
First Reading Date: Apr -24-2014 Bylaw Sent to Referrals: Yes Date Proposed Bylaw to Web: 04/28/2014 Resolutions:
Resolution Waiving Public Hearing: No Resolution Authorizing Public Hearing: Yes Resolution to Proceed No Further Date:
Secretary Signature Block:
Secretary's Signature: Sharon Lloyd -deRosario Date: 06/10/2014 File complete and ready for Public review: Yes
Public Hearings:
Location: North Pender Island Community Hall Proofread By: Sharon Lloyd -deRosario
Legal Paper: Gulf Island Driftwood First Publish Date: 06/11/2014 Second Publish Date: 06/18/2014
Alternate Paper: First Publish Date: Second Publish Date:
Mailout Date: 06/05/2014 Deliver Notices: 06/09/2014 Date Public Hearing Held: 06/26/2014 Second Reading Date: Jun -26 -2014 Third Reading Date: Jun -26 -2014
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Print Date: Jun-26-2014
Bylaw: NP-197
Referrals
Agency Sent Received Capital Regional District - Electoral Area May-01-2014 Jun-02-2014 Electoral Area : Howe, Dave Comments: Interests unaffected by bylaw Capital Regional District Planning & Protective May-01-2014 Jun-02-2014 Services Building Inspection Division Headquarters : Gutierrez, Robert Comments: Interests unaffected by bylaw Pauquachin First Nation May-01-2014 9010 West Saanich Road : Henry, Danny Comments: Tsartlip First Nation May-01-2014 PO Box 70 : Harry, Karen Comments: Tsawwassen First Nation May-01-2014 1926 Tsawwassen Drive : McCarthy, Tom Comments: Tseycum First Nation May-01-2014 1210 Totem Lane : Jones, Tanya Comments: Ministry of Agriculture May-01-2014 PO Box 9099, Stn. Prov. Govt. : Kline, Rob Comments: Islands Trust Fund May-01-2014 200, 1627 Fort Street : Eliason, Jennifer Comments: Tsawout First Nation May-01-2014 PO Box 121, 7725 Tetayut Road : Underwood, Gwen Comments: Ministry of Forests, Lands & Natural Resource May-01-2014 Operations -Archaeology Site Inventory PO Box 9816 Stn. Prov. Govt. : Cooper, Diana Comments: South Pender Island Local Trust Committee May-01-2014 Jun-24-2014 200 - 1627 Fort Street : Hancock, Ken Comments: Interests unaffected by bylaw Island Health May-01-2014
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Health Protection and Environmental Services : Laughlin, Christopher Comments: Malahat First Nation - Te'mexw Treaty Association May-01-2014 110 Thunder Road : Lewis, Lawrence Comments: Lake Cowichan First Nation May-01-2014 313B Deer Road : Chief, & Council Comments: Lyackson First Nation May-01-2014 7973A Chemainus Road : Johnnie, Kathleen Comments: Penelakut Tribe May-01-2014 Box 360 : James, Denise Comments: Ministry of Transportation and Infrastructure May-01-2014 May-02-2014 Saanich Area Office : Evanoff, Ryan Comments: No objections; subject to comments outlined Mayne Island Local Trust Committee May-01-2014 Jun-26-2014 Islands Trust : Luckham, Peter Comments: Interests unaffected by bylaw Saturna Island Local Trust Committee May-01-2014 200 - 1627 Fort Street : Hancock, Ken Comments: Pender Island Fire Rescue May-01-2014 PO Box 61 : Boyte, Charlie Comments: Cowichan Tribes May-01-2014 Chief and Council : Reed, Helen Comments: Halalt First Nation May-01-2014 Chief and Council : Gladstone, Caroline Comments: Salt Spring Island Local Trust Committee May-01-2014 Jun-26-2014 1 - 500 Lower Ganges Road : Malcolmson, Sheila Comments: SSI LTC has not been able to comment on the bylaw at this time Agricultural Land Commission May-01-2014 Rm. 133 4940 Canada Way : Pellett, Tony Comments:
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Referral of: __Bylaw No. 195 &197______
First Nation: Cowichan Tribes
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up phone call re: Public Hearing date – no SLD objections to the bylaws
First Nation: Halalt First Nations
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up Phone call – left message re: Public SLD Hearing date & invited comments – awaiting response
First Nation: Lake Cowichan First Nations
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow up phone call re: Public Hearing date: left SLD Msg with reception - waiting for response
First Nation: Lyackson First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left msg with reception re: Public Hearing date – SLD waiting for response
First Nation: Malahat First Nation – RE’Mexw Treaty Association
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Follow Up phone call re: Public Hearing date– no SLD comments
First Nation: Pauquachin First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left Msg re: Public Hearing date – SLD
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First Nation: Penelakut Tribe
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Deferred response to Saanich tribes – no comment SLD
First Nation: Tsartlip First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg - they confirmed receipt SLD June 10/14 Follow up phone call – left msg re Public Hearing SLD date - awaiting response.
First Nation: Tsawout First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left phone Msg re: Public Hearing date - awaiting SLD response
First Nation: Tsawwassen First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Phoned & left msg re Public Hearing date – awaiting SLD response
First Nation: Tseycum First Nation
Date Comment/Action Initial May. 1/14 Emailed Referral Pkg SLD June 10/14 Left Msg with reception re: Public Hearing date– SLD
94 Bylaw: Page 1 of 2
Print Date: Jun-26-2014
Bylaw: NP-197
Executive Committee
Policy Checklist
Checklist Key: Consistent The bylaw is consistent with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Contrary The bylaw is inconsistent (contrary or at variance) with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv Not-Applicable The policy is not applicable with the Islands Trust Policy Manual Chapter 2, Section 4, Subsection iv .
Executive Committee Legistaltive Role Policy (2.4) Consistent i Bylaw is consistent with the object of the Trust
Consistent ii Bylaw is not contrary to or at variance to the Islands Trust Policy Statement Consistent iii Bylaw does not expose the Islands Trust to unreasonable expense in the administration or enforcement of the bylaw
Consistent iv Bylaw is not enacted without legal authority, including inconsistency with the relevant OCP (based on legal advice)
Checklist Key: Requires Resources Staff resources required to assist with administration. No Resources No staff resources required. Required
The Bylaw has been Examined Against Best Management Practices for Delivery of Local Planning Services as found in Section 5.9 of the Islands Trust Policy Manual
No Resources B.5 Staff will provide Local Trust Committees (LTC) and Executive Required Committee with advice regarding proposed Official Community Plan (OCP) amendments that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.
No Resources B.10 Staff will provide Local Trust Committees and Executive Required Committee with advice regarding any proposed Land Use Bylaw (LUB) or other regulatory amendment that may require additional staff resources for administration or enforcement and will confirm the availability of those resources before bylaw adoption.
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Comments:
Monitoring and follow -up of covenant conditions will be required by Planning staff during and following development. Once development is completed the permanent covenant restrictions are minimal.
Completed By: Kim Farris
All administrative procedure bylaws are considered to be in compliance with the policy statement and the object of the Islands Trust.
Status:
Date Resolution Referred to Jul -02 -2014 Exective Committee:
Readings:
96 http://applications.islandstrust.bc.ca/bylawmanagement/reports/page3.cfm?id=1664&type ... 26/ 06/ 2014 NORTH PENDER ISLAND LOCAL TRUST COMMITTEE
PROPO SED BYLAW NO. 197
*************************************************************************************************************** A BYLAW TO AMEND THE NORTH PENDER ISLAND OFFICIAL COMMUNITY PLAN BYLAW NO. 171, 2007
***************************************************************************************************************
WHEREAS the North Pender Island Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the North Pender Island Local Trust Area, pursuant to the Islands Trust Act;
AND WHEREAS Section 29 of the Islands Trust Act gives the North Pender Island Local Trust Committee the same power and authority of a Regional District under Part 26, except sections 932 to 937 and 939, of the Local Government Act ;
AND WHEREAS the North Pender Island Local Trust Committee wishes to amend the North Pender Island Official Community Plan Bylaw No. 171, 2007;
AND WHEREAS the North Pender Island Local Trust Committee has held a Public Hearing;
NOW THEREFORE the North Pender Island Local Trust Committee enacts in open meeting assembled as follows:
1. CITATION
This Bylaw may be cited for all purposes as “North Pender Island Official Community Plan Bylaw No. 171, 2007, Amendment No. 1, 2014”.
2. SCHEDULES
North Pender Island Official Community Plan No. 171, 2007 is amended as shown on Schedule 1, attached to and forming part of this bylaw.
3. SEVERABILITY
If any provision of this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, the invalid provision must be severed from the Bylaw and the decision that such provision is invalid must not affect the validity of the remaining provisions of the Bylaw.
1
97
READ A FIRST TIME this 24 th day of April , 2014.
PUBLIC HEARING HELD this 26th day of June , 2014.
READ A SECOND TIME this 26th day of June , 2014.
READ A THIRD TIME this 26th day of June , 2014.
APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this
day of , 20.
APPROVED BY THE MINISTER OF COMMUNITY, SPORT AND CULTURAL
DEVELOPMENT this day of , 20.
ADOPTED this day of , 20.
SECRETARY CHAIRPERSON
2
98 NORTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAW No. 197 SCHEDULE 1
1. Schedule B (Land Use Designation) is amended for the lands as depicted in the map below.
3
99 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 1
POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw and File No: Bylaw Nos. 195 & 197 (NP-RZ-2012.2) PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committee address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain a matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
100 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.4 identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.6 use of adjacent properties to minimize any adverse affects on agricultural land.
101 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3
CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. N/A Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem 4.4.2 with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.4.3 measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.8 needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways.
102 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
4.6 Soils and Other Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.6.3 protection of productive soils.
PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.
103 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 5
CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of N/A 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.
POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
G:\LPS\Policy Statement\Policy Statement Directives Only Checklist Form.doc
104 105 B Y L A W S U B M I S S I O N
BRIEFING NOTE
File No. SS‐RZ‐2013.6; Bylaw 474 Date: Thursday, June 26, 2012
To: Executive Committee for the meeting of July 2, 2014 From: Kristin Aasen, Planner 2, Salt Spring Team Re: Proposed Bylaw No. 474 – 2850 Fulford-Ganges Road, Salt Spring Island
INTRODUCTION: The property owners of the upland parcel applied for a Crown Lease to extend their water lot to enable the expansion of a commercial marina in Fulford Harbour (Fulford Landing). This application required an amendment to the Salt Spring Island Official Community Plan Bylaw No. 434 (Bylaw 474) and the Salt Spring Island Land Use Bylaw No. 355 (Bylaw 475) in order to proceed. The bylaw amendments cover the area of a new water lease.
PURPOSE: This staff report summarizes Proposed Bylaw 474 which would change the Salt Spring Island Official Community Plan Bylaw No. 434 (OCP) Shoreline designation from Marine Other (MO) to Shoreline Development (SD). At the same time, the Bylaw amends OCP Map 16 to include the water lease area in Development Permit Area 1: Island Villages.
The purpose of this staff report is to advance for EC consideration Bylaw 474 only. Pending EC approval, this OCP amendment would then be forwarded to the Minister responsible.
BACKGROUND: 1. The Salt Spring Island Local Trust Committee (LTC) considered a preliminary staff report at the meeting of September 6, 2013. At that time, the following resolutions were passed:
That staff initiate early consultation with BC Ferry Corporation, the CRD and First Nations through referral of the application; That staff prepare bylaws amending the OCP and LUB; and That the application be referred to the Advisory Planning Commission.
2. The Advisory Planning Commission reviewed the application on September 19, 2013. The APC raised concerns regarding the expansion of the marina and impacts on boat traffic/movements in Fulford Harbour, but the motion to support the application was carried, with the following points raised in support: Currently limited marina capacity in Fulford Harbour Impact not likely to be negative Applicant experienced with requirements of other agencies
106 3. This application was again considered by the SSI LTC at the meeting of December 12, 2013 – the following resolutions were passed:
First Reading was given to Bylaw 474 (SSI‐285‐13) Staff was direct to refer the Proposed Bylaws to the Local Trust Committees of Mayne, Galiano, Thetis, and North Pender Islands; Capital Regional District Parks and Recreation Commission, Transportation Commission and Fulford Sewer System; Transport Canada; Ministry of Forests, Lands and Natural Resource Operations’ Crown Lands Branch; Harbour Authority of Salt Spring Island; and Vancouver Island Health Authority (SSI‐287‐13)
4. The Salt Spring Island Local Trust Committee again considered this application at the meeting of April 10, 2014 and passed the following resolutions: Second Reading to Bylaws 474 (SS‐2014‐84/ SS‐2014‐85) Directed staff that prior to adoption of Bylaw 474 the applicant demonstrates that a metered water connection is in place for commercial uses on the property (SS‐2014‐86) Encouraged the applicant to investigate prior to public hearing, a certification from Clean Marine BC and the installation of a sewage pump out facility (SS‐2014‐87) Reviewed and accepted the Directives Only Policies and determine that Bylaw 474 is not contrary to or at variance with the Islands Trust Policy Statement (SS‐2014‐88) Directed staff to schedule a public hearing for the bylaw (SS‐2014‐89)
The Trustees suggested that the applicant host a community information session prior to the public hearing and requested staff to include a questions and answers section to the public hearing.
5. A Public Hearing was held on June 23, 2014. The Public Hearing was preceded by an informal Q&A session.
6. The Local Trust Committee gave 3rd reading to Bylaw 474and resolved to forward it to the Executive Committee at the regular meeting of June 24, 2014. The LTC also passed the following additional resolutions (draft minutes unavailable):
Forward Bylaw No. 474 to the Minister of Community Sport and Cultural Development for approval.
Directed staff to prepare a covenant for LTC approval prior to consideration of final adoption of Proposed Bylaw 474 (and Proposed Bylaw 475), and that the covenant address the following: 1) a Clean Marine BC membership; 2) a pump‐out facility; 3) Any required septic upgrade.
Directed staff that the final adoption of Proposed Bylaw 474 (and Proposed Bylaw 475) be subject to notification that a statutory Right‐of‐Way is accepted by the Capital Regional District to enable for a public pathway.
Bylaw Submission Briefing Note – SS-RZ-2013.6 Page 2 of 4 107 ISSUES RELATED TO PROVINCIAL INTEREST (REFERRALS): First Nations Referrals were sent to the following First Nations a number of times between September 2013 and February 2014: Stz’uminus First Nation, Lyackson First Nation, Cowichan Tribes, Penelakut Tribe, Halalt First Nation, Tseycum Indian Band, Pauquachin First Nation, Tsartlip Indian Band, Tsawout First Nation, Tsawwassen First Nation, Hal‐qumi‐nm Treaty Group, Malahat First Nation, Lake Cowichan First Nation.
Staff followed up with e‐mails and telephone calls. The Tseycum indicated that they generally have concerns with development proposals, but provided no specific concerns. Follow up phone calls and emails have not yielded further input. A record of First Nations consultation efforts has been maintained and would be forwarded to the Minister with the proposed OCP amendment pending EC approval.
Agency referral comments 1. Island Health, June 13, 2014: Approval recommended subject to “An authorized person to assess the onsite sewage disposal system servicing the washroom facility for potential upgrade due to the proposed marina capacity increase.”
2. Capital Regional District Salt Spring Transportation Commission, April 25, 2014: Approval recommended subject to support for “the Island's Trust Official Community Plan objective (B.5.3.2. 16) by constructing a multi‐use pathway along Fulford‐Ganges Road to service adjacent residential and commercial properties and a more extensive networks of pathways, including a link to Drummond Park; and further that the Transportation Commission request that the applicant work with the Capital Regional District on the pathway specifications, subject to coordinating with the proposed Fulford ferry terminal expansion.”
3. Capital Regional District Fulford Water Commission, February 2, 2014: “Approval Recommended Subject to Conditions: “that appropriate separate domestic water connections are in place for the private home and the suite and that a metered water connection is in place for the commercial component. All such connections to be at the applicant’s cost if necessary.”
4. Archaeology Branch, Ministry of Forest Lands and Natural Resource Operations, March 11, 2014: “Prior to any land‐altering activities (e.g. shoreline development, property redevelopment, extensive landscaping, service installation), an eligible (able to hold Provincial heritage permits through the Archaeology Branch) consulting archaeologist should be engaged to determine the steps in managing impacts to the archaeological site. If the archaeologist determines that development activities will not impact any archaeological deposits, then a site alteration permit is not required. Occupying an existing dwelling or building without any land alterations does not require archaeological study or permitting.”
5. SSI Harbour Authority, October 19, 2013: “Insufficient room between the Harbour Authority water lot and proposed expansion area and concerns about consequences of building so close to BC Ferries’ lease.”
6. Ministry of Transportation and Infrastructure, October 17, 2013: Approval recommended for reasons outlined below. “The Ministry of Transportation will not require an archaeological impact assessment as a part of the amendment to the land‐use bylaw. The Ministry of Transportation is only typically involved in archaeology if a subdivision is taking place. To address the concerns
Bylaw Submission Briefing Note – SS-RZ-2013.6 Page 3 of 4 108 regarding the identified archaeological site on property, the Islands Trust should contact the Ministry of Tourism, Sport and the Arts and affected First Nations.
Fulford‐Ganges Road is not ideal for on‐street parking, the Ministry of Transportation is supportive that all parking and loading requirements should be contained on site.”
The following agencies have stated that their interests are unaffected: 7. BC Ferry Corporation, dated October 29, 2013 8. CRD Building Inspection, dated October 17, 2013: Interests unaffected by bylaw. “This file has a Notice on Title for a two‐storey sunroom addition without permit or inspections work covered without inspections and addition of a secondary suite. The secondary suite has now been resolved.” 9. Galiano Local Trust Committee, dated February 3, 2014 10. North Pender Local Trust Committee, dated January 30, 2014 11. Mayne Island Local Trust Committee, dated February 26, 2014
ISSUES RELATED TO COMMUNITY INTEREST (PUBLIC HEARING): The Public Hearing notice for Bylaw 474 generated one letter from a member of the public in support of the application. At the Public Hearing of June 23, the Salt Spring Island Harbour Authority re‐iterated concern for the proximity of their water lease to the subject water lease. They recommended deferral of zoning approval until their concerns over navigational access to their dock are resolved. The applicant expressed a willingness to accommodate their concerns.
STAFF COMMENTS: As above, much feedback was given by public agencies – their comments are reflected in the resolutions of the LTC. Of note is the concern expressed by the Salt Spring Island Harbour Authority regarding navigational concerns, despite Transport Canada approval in November 2013 of the proposal under the Navigable Waters Protection Act.
At the regular meeting of June 24, the Salt Spring Island Local Trust Committee gave 3rd Reading of Bylaw 474, but did not give 3rd Reading to Bylaw 475. The LTC directed staff that further consideration of Proposed Bylaw 475 be subject to written confirmation from the Salt Spring Island Harbour Authority that their concerns regarding space between water leases have been satisfied.
With consideration of the support of the Advisory Planning Commission, no public opposition, the support of the Salt Spring Local Trust Committee and compliance with the Islands Trust Policy Statement, staff recommends approval of Proposed Bylaw 474.
RECOMMENDATION: THAT the Executive Committee APPROVE Salt Spring Island Local Trust Committee Proposed Bylaw No. 474, cited as “Salt Spring Island Official Community Plan Bylaw, 2008, Amendment No. 2, 2013,” under Section 24 of the Islands Trust Act.
Bylaw Submission Briefing Note – SS-RZ-2013.6 Page 4 of 4 109 110 111 CRD - Fulford Water System Jan-09-2014 Feb-11-2014 Comments: interests unaffected
Fulford Water Commission Jan-09-2014 Feb-02-2014 Comments: see approval conditions
CRD - SSI Transportation Commission Jan-09-2014 Apr-25-2014 comments: see recommendations
112 113 114 115 116 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 1
POLICY STATEMENT DIRECTIVES ONLY CHECK LIST
Bylaw and File No: SS-RZ-2013.6 PURPOSE To provide staff with the Directives Only Checklist to highlight issues addressed in staff reports and as a means to ensure Local Trust Committees address certain matters in their official community plans and regulatory bylaws and Island Municipalities address certain matters in their official community plans and to reference any relevant sections of the Policy Statement.
POLICY STATEMENT The Policy Statement is comprised of several parts. Parts I and II outline the purpose, the Islands Trust object, and Council’s guiding principles. Parts III, IV and V contain the goals and policies relevant to ecosystem preservation and protection, stewardship of resources and sustainable communities.
There are three different kinds of policies within the Policy Statement as follows: • Commitments of Trust Council which are statements about Council’s position or philosophy on various matters; • Recommendations of Council to other government agencies, non-government organizations, property owners, residents and visitors; and • Directive Policies which direct Local Trust Committees and Island Municipalities to address certain matters.
DIRECTIVES ONLY CHECK LIST The Policy Statement Directives Only Checklist is based on the directive policies from the Policy Statement (Consolidated April 2003) which require Local Trust Committees to address certain matters in their official community plans and regulatory bylaws and Island Municipalities to address certain matters in their official community plans in a way that implements the policy of Trust Council.
Staff will use the Policy Statement Checklist (Directives Only) to review Local Trust Committee and Island Municipality bylaw amendment applications and proposals to ensure consistency with the Policy Statement. Staff will add the appropriate symbol to the table as follows: if the bylaw is consistent with the policy from the Policy Statement, or if the bylaw is inconsistent (contrary or at variance) with a policy from the Policy Statement, or N/A if the policy is not applicable.
117 2 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
Part III Policies for Ecosystem Preservation and Protection
CONSISTENT NO. DIRECTIVE POLICY 3.1 Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.1.3 identification and protection of the environmentally sensitive areas and significant natural sites, features and landforms in their planning area. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.4 planning, establishment, and maintenance of a network of protected areas that preserve the representative ecosystems of their planning area and maintain their ecological integrity. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 3.1.5 regulation of land use and development to restrict emissions to land, air and water to levels not harmful to humans or other species. 3.2 Forest Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.2.2 the protection of unfragmented forest ecosystems within their local planning areas from potentially adverse impacts of growth, development, and land-use. 3.3 Freshwater and Wetland Ecosystems and Riparian Zones Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 3.3.2 means to prevent further loss or degradation of freshwater bodies or watercourses, wetlands and riparian zones and to protect aquatic wildlife. 3.4 Coastal and Marine Ecosystems Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.4 protection of sensitive coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 3.4.5 planning for and regulation of development in coastal regions to protect natural coastal processes.
PART IV: Policies for the Stewardship of Resources
CONSISTENT NO. DIRECTIVE POLICY 4.1 Agricultural Land Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.4 identification and preservation of agricultural land for current and future use. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.5 preservation, protection, and encouragement of farming, the sustainability of farming, and the relationship of farming to other land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.6 use of adjacent properties to minimize any adverse affects on agricultural land.
118 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 3
CONSISTENT NO. DIRECTIVE POLICY Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.7 design of road systems and servicing corridors to avoid agricultural lands unless the need for roads outweighs agricultural considerations, in which case appropriate mitigation measures shall be required to derive a net benefit to agriculture Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.1.8 land uses and activities that support the economic viability of farms without compromising the agriculture capability of agricultural land. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.1.9 use of Crown lands for agricultural leases. 4.2 Forests Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.6 need to protect the ecological integrity on a scale of forest stands and landscapes. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.7 retention of large land holdings and parcel sizes for sustainable forestry use, and the location and construction of roads, and utility and communication corridors to minimize the fragmentation of forests. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the N/A 4.2.8 designation of forest ecosystem reserves where no extraction will take place to ensure the preservation of native biological diversity. 4.3 Wildlife and Vegetation 4.4 Freshwater Resources Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address measures that ensure neither the density nor intensity of land use is increased in areas which are known to have a problem N/A 4.4.2 with the quality or quantity of the supply of freshwater, water quality is maintained, and existing, anticipated and seasonal demands for water are considered and allowed for. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 4.4.3 measures that ensure water use is not to the detriment of in-stream uses 4.5 Coastal Areas and Marine Shorelands Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.8 needs and locations for marine dependent land uses. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.9 compatibility of the location, size and nature of marinas with the ecosystems and character of their local planning areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 4.5.10 location of buildings and structures so as to protect public access to, from and along the marine shoreline and minimize impacts on sensitive coastal environments. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 4.5.11 opportunities for the sharing of facilities such as docks, wharves, floats, jetties, boat houses, board walks and causeways. 4.6 Soils and Other Resources N/A 4.6.3 Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the 119 4 Islands Trust Policy Statement Directives Only Checklist April 26, 2005
protection of productive soils. PART V: Policies for Sustainable Communities
CONSISTENT NO. DIRECTIVE POLICY 5.1 Aesthetic Qualities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.1 3 the protection of views, scenic areas and distinctive features contributing to the overall visual quality and scenic value of the Trust Area. 5.2 Growth and Development Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.2.3 policies related to the aesthetic, environmental and social impacts of development. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.4 any potential growth rate and strategies for growth management that ensure that land use is compatible with preservation and protection of the environment, natural amenities, resources and community character. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.5 means for achieving efficient use of the land base without exceeding any density limits defined in their official community plans. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.2.6 the identification of areas hazardous to development, including areas subject to flooding, erosion or slope instability, and strategies to direct development away from such hazards. 5.3 Transportation and Utilities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.4 the development of a classification system of rural roadways, including scenic or heritage road designations, in recognition of the object of the Islands Trust. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.5 the impacts of road location, design, construction and systems. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.6 the designation of areas for the landing of emergency helicopters. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.3.7 the development of land use patterns that encourage establishment of bicycle paths and other local and inter-community transportation systems that reduce dependency on private automobile use. 5.4 Disposal of Waste Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.4.4 the identification of acceptable locations for the disposal of solid waste.
120 Islands Trust Policy Statement Directives Only Checklist – May 17, 2005 5
CONSISTENT NO. DIRECTIVE POLICY 5.5 Recreation Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.3 the prohibition of destination gaming facilities such as casinos and commercial bingo halls. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.5.4 the location and type of recreational facilities so as not to degrade environmentally sensitive areas, and the designation of locations for marinas, boat launches, docks and anchorages so as not to degrade sensitive marine or coastal areas. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address the identification of sites providing safe public access to beaches, the identification and designation of areas of 5.5.5 recreational significance, and the designation of locations for community and public boat launches, docks and anchorages. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.6 the identification and designation of areas for low impact recreational activities and discourage facilities and opportunities for high impact recreational activities. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.5.7 the planning for bicycle, pedestrian and equestrian trail systems. 5.6 Cultural and Natural Heritage Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.6.2 the identification, protection, preservation and enhancement of local heritage. Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.6.3 the preservation and protection of the heritage value and character of historic coastal settlement patterns and remains. 5.7 Economic Opportunities Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address 5.7.2 economic opportunities that are compatible with conservation of resources and protection of community character. 5.8 Health and Well-being Local Trust Committees and Island Municipalities shall, in their official community plans and regulatory bylaws, address N/A 5.8.6 their community’s current and projected housing requirements and the long-term needs for educational, institutional, community and health-related facilities and services, as well as the cultural and recreational facilities and services.
POLICY STATEMENT COMPLIANCE COMPLIANCE WITH TRUST POLICY NOT IN COMPLIANCE WITH TRUST POLICY for the following reasons:
121 PROPOSED
SALT SPRING ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 474
**************************************************************************************************** A BYLAW TO AMEND “SALT SPRING ISLAND OFFICIAL COMMUNITY PLAN BYLAW 434, 2008” ****************************************************************************************************
The Salt Spring Island Local Trust Committee, being the Trust Committee having jurisdiction in respect of the Salt Spring Island Local Trust Area under the Islands Trust Act, enacts as follows:
1. Salt Spring Island Local Trust Committee Bylaw No. 434, cited as “Salt Spring Island Official Community Plan Bylaw No. 434, 2008”, is amended as follows:
1.1 By amending Schedule ‘A’ – Map 1 (Plan Area with Land and Shoreline Use Designation) of Volume 1, as shown on Plan 1 of this amending bylaw.
1.2 By amending Schedule ‘A’ – Map 16 (Development Permit Area 1 – Island Villages) of Volume 2, as shown on Plan 2 of this amending bylaw.
2. This Bylaw may be cited as “Salt Spring Island Official Community Plan Bylaw, 2008, Amendment No. 2, 2013.”
READ A FIRST TIME THIS 12th DAY OF December , 2013
PUBLIC HEARING HELD THIS 23rd DAY OF June , 2014
READ A SECOND TIME THIS 10th DAY OF April , 2014
READ A THIRD TIME THIS 24th DAY OF June , 2014
APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS DAY OF , 20__
APPROVED BY THE MINISTER OF COMMUNITY, SPORT AND CULTURAL DEVELOPMENT THIS DAY OF , 20__
ADOPTED THIS DAY OF , 20__
SECRETARY CHAIRPERSON
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Plan No. 1
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SALT SPRING ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 474
Plan No. 2
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REQUEST FOR DECISION
To: Executive Committee For the Meeting of: July 2, 2014
From: Lisa Gordon Date: June 27, 2014
SUBJECT: LETTER OF COMMENT TO NATIONAL ENERGY BOARD REGARDING KINDER MORGAN’S TRANS MOUNTAIN PIPELINE EXPANSION PROJECT
RECOMMENDATION:
That the Executive Committee direct staff to draft a letter of comment for the Chair’s signature to the National Energy Board regarding the Trans Mountain Pipeline Expansion project.
That the Executive Committee direct staff to ask trustees for Islands Trust Area specific questions that intervenors could ask Trans Mountain ULC.
CHIEF ADMINISTRATIVE OFFICER COMMENTS:
ISSUE SCREENING:
1. Origin of issue: Trust Council 2. Executive Committee decision is: discretionary 3. Issue is most closely related to Executive Committee Terms of Reference (6.1) 4. Related to Islands Trust Policy Statement (Part 1; policy 3.1.9) 5. Related to current Strategic Plan (2.3.2)
IMPLICATIONS OF RECOMMENDATION
ORGANIZATIONAL: The estimated 10 days of staff time to implement the recommendation is consistent with the current time allocation for advocacy.
POLICY: No implications for existing policy.
FINANCIAL: Staff may spend up to $300 from the Trust Programs budget to have a consultant review the letter for accuracy.
The Executive Committee may choose to have the letter of comment reviewed by legal counsel. Staff do not have an estimate of what this would cost.
IMPLEMENTATION/COMMUNICATIONS:
Trust Area Services staff estimate up to 10 days of staff time to implement the recommendation(s) depending on the complexity of the issues raised in the letter and the extent of new research and collaboration undertaken. A further two hours of administrative time will be required to format, send, post to website, and distribute to subscribers. The Chair’s time would be required to review and Islands Trust Request For Decision Page 1 125 approve the letter. The letter of comment is due by September 9, 2014. Due to staff vacations, staff are aiming to submit the letter of comment by August 22, 2014.
Staff are currently planning to include the following topics in the letter: 1) Statement expressing the Islands Trust Council’s opposition to the pipeline expansion project as expressed by Council’s resolution to oppose consistent with the Islands Trust Council's June 2012 decision to oppose in principle oil pipeline projects that lead to the expansion of oil export by barge and tanker from Canada's west coast due to concern about the risk of oil spills that could irrevocably damage coastal environments, economies, and communities. a. This would be best expressed by stating that the National Energy Board should reject the project. 2) Statement expressing the Islands Trust Council’s support for the phasing out of crude oil export from Canada's west coast by tanker and barge as part of a national energy strategy. 3) Examples of the Islands Trust Council’s past concerns relating to marine vessel traffic growth in the region, commercial vessel anchorage noise and light impacts, and insufficient spill response capacity and knowledge in relation to diluted bitumen and synthetic oils in the marine environment; and, 4) Examples of the Islands Trust Council’s and constituent concerns relating to how marine spills from the project and related marine shipping activities could impact advancement of the Islands Trust Council’s provincial object, and the environmental and socio-economic goals and policies contained in the Islands Trust Policy Statement. 5) Information about the Islands Trust Council’s investment in maps showing the locations of areas particularly sensitive to marine oil spills (e.g. eelgrass beds, forage fish habitat).
If staff workloads allow, staff also plan to research and summarize concerns about the quality and type of marine shipping/environmental information provided by Trans Mountain and how it might prevent the Board and communities from making informed decisions about the risks of the project. (e.g. no place of refuge information provided). This information could be obtained through collaboration with others and a review of Trans Mountain’s responses to marine- interested intervenors in the first round of information requests).
The letter could also provide: • A list of conditions that should be placed on the project, in the event it is approved (e.g. on- going funding for citizen oversight committee) • Criticism of the hearing process (e.g. reminding the Board that the Islands Trust Council was unable to deliberate in person about intervening due to the short timeframes in the participant qualification process and the lack of participant funding for local governments).
The letter would be cc’d to:
• Cindy Bertram, C. Rankin & Associates • The Honourable Lisa Raitt, Federal Minister of Transport • The Honourable Leona Aglukkaq, Federal Minister of the Environment • Honourable Christy Clark, Premier of British Columbia • Honourable Mary Polak, BC Minister of Environment • Trust Area MLAs: Gary Holman, Saanich North and the Islands Don McRae, Comox Valley Doug Routley, Nanaimo – North Cowichan Nicholas Simons, Powell River – Sunshine Coast Michelle Stilwell, Parksville – Qualicum Jordan Sturdy, West Vancouver – Sea to Sky • Islands Trust Area MPs: Elizabeth May, Saanich-Gulf Islands Jean Crowder, Nanaimo-Cowichan James Lunney, Nanaimo-Alberni John Duncan, Vancouver Island North Islands Trust Request For Decision Page 2 126 John Weston, West Vancouver/Sunshine Coast Murray Rankin, Victoria • Islands Trust Area First Nations • San Juan County Council • AVICC members • Bowen Island Municipal Council • Islands Trust Council • Lisa Gordon, Director, Trust Area Services • Islands Trust website
Staff are currently exploring options for collaborating with other local governments on research and messages for the letter, including San Juan County. Topics of conversation include whether to explore the economic impact of increased tanker traffic and a major spill, the change in property values that could result from a spill, and the environmental impacts of a spill. This collaboration may provide the spin-off benefit that other local government staff gain more awareness of general shipping safety risks and associated issues.
Staff will also e-mail trustees to seek any Islands Trust Area specific questions that intervenors could ask Trans Mountain ULC. These questions will be compiled for Executive Committee’s review on July 29, 2014 and then sent to the Living Oceans Society or another intervenor for consideration in the second round of information requests which are due by September 11, 2014.
BACKGROUND
On December 16, 2013, Trans Mountain Pipeline ULC, operated by Kinder Morgan Canada and owned by Kinder Morgan Energy Partners, filed a Facilities Application with the NEB for authorization to build and operate the necessary facilities for the company’s proposed Trans Mountain expansion project. The project will increase the number of oil tankers from 60/year to 408/year. Tanker accidents are low probability/high magnitude events.
On February 7, 2014, the Islands Trust Council passed the following resolution:
That, in light of Trust Council’s stated opposition to the Kinder Morgan pipeline expansion, the Islands Trust Council directs the Chair to submit an application for the Islands Trust Council to participate as a commenter in the National Energy Board’s hearing into the Trans Mountain Pipeline Expansion Project.
On April 2, 2014, the National Energy Board accepted the Islands Trust Council as a commenter. In total, the National Energy Board accepted 400 parties as intervenors and 1250 parties as commenters. Commenters may submit a letter of comment with attachments but are not able to ask questions about other people’s evidence or make a final argument. The letter of comment can convey the views and opinions of the Islands Trust Council but no questions will be asked of the Islands Trust.
Submitting an Application to Participate as a commenter does not commit the organization to participating in the process.
On May 14, 2014, staff participated in a National Energy Board workshop about participating as a commenter in the National Energy Board hearings regarding the Trans Mountain Pipeline Expansion Project. During the workshop, National Energy Board staff stressed that letters of comment should specifically outline:
1) How the project will affect the Islands Trust 2) Whether the Islands Trust Council believes the National Energy Board should approve or reject the project
Islands Trust Request For Decision Page 3 127 3) What conditions the Islands Trust Council would like the National Energy Board to put in place, should the project be approved to proceed.
The letter should provide the Islands Trust Council’s views, include information that supports these views, be clear about how the Islands Trust is directly affected and how the topics raised relate to at least one of the topics on the Board’s list of issues (see below) to be considered when assessing the project.
Letters of comment will not be considered sworn evidence and are not subject to questioning. As a result, letters of comment may not be given the same weight as sworn evidence that has been tested through questioning in a hearing.The NEB makes all letters of comment available to the public.
The letter can include pictures, map and technical reports and should include references for technical information. The letter of comment may include up to five attachments of no more than 10 MB each.
The deadline to submit the letter of comment is September 9, 2014.
In the February 4, 2014, RFD to the Islands Trust Council regarding the Islands Trust Council participation in the National Energy Board hearing process regarding Trans Mountain Pipeline Expansion Project, staff advised that:
“The amount of staff time required to participate as a commenter in the National Energy Board (NEB) hearing process will depend on the complexity of the issues raised in the letter and the extent of new research required. Estimates for staff time are between 5 to10 days. While this work could be done within the current scope of Trust Council’s advocacy program and staff resources available, other tasks for Trust Area Services staff would have to be re- prioritized to accomplish this. If Trust Council approves this resolution, staff will seek further direction from the Executive Committee regarding the priority of other advocacy work.”
The NEB regulates the Trans Mountain pipeline and terminal but does not regulate marine shipping. The NEB has decided to consider during the review process the potential environmental and socio- economic effects of marine shipping activities, but is not empowered to change federal or provincial marine oil spill prevention, response or recovery standards. The final authority for approving or rejecting the proposed project is with the federal Cabinet.
The list of issues to be considered by the NEB (released July 26, 2013) is below. Staff recommend that the Islands Trust’s letter of comment raise topics related to #5, #8 and #10.
1. The need for the proposed project. 2. The economic feasibility of the proposed project. 3. The potential commercial impacts of the proposed project. 4. The potential environmental and socio-economic effects of the proposed project, including any cumulative environmental effects that are likely to result from the project, including those required to be considered by the NEB’s Filing Manual. 5. The potential environmental and socio-economic effects of marine shipping activities that would result from the proposed Project, including the potential effects of accidents or malfunctions that may occur. 6. The appropriateness of the general route and land requirements for the proposed project. 7. The suitability of the design of the proposed project. 8. The terms and conditions to be included in any approval the Board may issue. 9. Potential impacts of the project on Aboriginal interests. 10. Potential impacts of the project on landowners and land use. 11. Contingency planning for spills, accidents or malfunctions, during construction and operation of the project.
Islands Trust Request For Decision Page 4 128 12. Safety and security during construction of the proposed project and operation of the project, including emergency response planning and third-party damage prevention.
Staff deem it impractical for the Islands Trust to attempt to engage on the other issues. The NEB does not intend to consider the environmental and socio-economic effects associated with upstream activities, the development of oil sands, or the downstream use of the oil transported by the pipeline.
Public expectations on Trust Council are high based on the level of awareness of this issue generated by Trust Council’s publicly stated position of opposition to oil pipeline projects that lead to the expansion of oil export by barge and tanker from Canada's west coast and former advocacy.
REPORT/DOCUMENT: 1. April 2, 2014 Hearing Order (Hyperlink only) 2. Islands Trust submission to the National Energy Board regarding rationale for being directly affected (attached)
KEY ISSUE(S)/CONCEPT(S): Advocacy to protect the marine environment in the Islands Trust Area; safe shipment of materials hazardous to the environment.
RELEVANT POLICY: • Islands Trust Act, section 3 The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia. • Islands Trust Policy Statement Part 1: Roles and Responsibilities section The Islands Trust Council cannot effectively implement the Policy Statement without the support of all stakeholders. Assistance, cooperation and collaboration are required from local trust committees, island municipalities, the Trust Fund Board, the Provincial Government, other government agencies, non-government organizations, communities, First Nations, property owners, residents and visitors. • Islands Trust Policy Statement Part 1: To achieve its object, the Islands Trust must be an educator, coordinator, and initiator, guiding individuals, organizations and other agencies in support of the object. While the Islands Trust can provide the necessary leadership, responsibility for stewardship of the Trust Area rests with many. Individuals, other government agencies, organizations, and the Province itself all have important roles to play. Cooperative actions are required of other agencies, organizations and individuals to ensure that activities are carried out in a manner that is sensitive to the needs of Trust Area ecosystems and island communities. • Islands Trust Policy Statement policy 3.1.9: Trust Council encourages actions and programs of other government agencies which place priority on the side of protection for Trust Area ecosystems when judgment must be exercised; protect the diversity of native species and habitats in the Trust Area, and prevent pollution of the air, land and fresh and marine waters of the Trust Area. • Advocacy Policy 6.10.iii • Islands Trust Council’s 2011-2014 Strategic Plan section 2.3 includes under the strategy “Advocate for protection of the Salish Sea and Howe Sound from oil spills, derelict vessels and industrial activities.” In section, 2.3.2, the Strategic Plan indicates that Chair participation in the NEB hearings related to Kinder Morgan tanker traffic should take place via a ‘letter of comment’.
Islands Trust Request For Decision Page 5 129
DESIRED OUTCOME: Representing the Islands Trust Object to the NEB hearings about the proposed Trans Mountain Pipeline Expansion Project, consistent with Trust Council’s Strategic Plan.
RESPONSE OPTIONS That the Executive Committee direct staff to draft a letter of comment for the Chair’s signature to the National Energy Board regarding Kinder Morgan’s Trans Mountain Pipeline Expansion project.
That the Executive Committee direct staff to ask trustees for Islands Trust Area specific questions that could be asked of Trans Mountain ULC by intervenors.
Alternatives
1. Do not participate in the NEB hearing process regarding the proposed Trans Mountain Pipeline Expansion Project. 2. Do not direct staff to ask trustees for Islands Trust Area specific questions that intervenors could ask Trans Mountain ULC. 3. Provide direction to staff about the proposed letter of comment messages, collaboration plans, communication plans, and the project’s time allocation, timeline and budget.
Prepared By: Clare Frater, Policy Analyst, June 27, 2014
Reviewed By/Date:
Islands Trust Request For Decision Page 6 130 Islands Trust Council submission - Step 9 of the National Energy Board’s Trans Mountain Pipeline Expansion Project – Application to Participate Form
February 11, 2014
In relation to issues 5, 8, and 10 on the Board’s list of issues:
The Islands Trust Council is an elected local government body, established through the Province of British Columbia’s Islands Trust Act, in recognition of the provincial significance of the environment and communities of British Columbia’s southern coastal islands and waters. Section 3 of the Act states:
“The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia.”
The Act establishes the Islands Trust Council’s area of jurisdiction which includes the islands and waters indicated on the following map. The Islands Trust Council represents electors and requisitions property taxes.
Chronic oiling or a large oil spill resulting from the project or an oil tanker collision or malfunction into the Salish Sea could have a negative impact on the Island Trust Area’s unique amenities and environment, directly affecting the advancement of the Islands Trust Council’s provincial object.
131 The Islands Trust Council is also directly affected through a financial interest in ecologically sensitive properties that would need costly remediation in the event of a large marine spill resulting from the project or an oil tanker malfunction or accident. The Islands Trust Council funds a land conservancy branch, the Islands Trust Fund, which owns ocean-front nature reserves with a combined 1.4 km of shoreline and holds an interest in 17 additional ocean-front properties, through conservation covenants, registered on land titles.
Islands Trust Fund-owned properties vulnerable to oil spills Island Nature Reserve/Sanctuary Shoreline (m) Property Value (2013) Denman Lindsay Dickson 539 $910,000 Galiano Trincomali 386 $227,000 Mayne Horton Bayviary 44 $343,000 North Pender Medicine Beach 237 $1,289,000 Salt Spring Deep Ridge 14 $454,000 Ruby Alton 227 $742,000 Total 6 nature reserves 1,447 meters $3,965,000 (1.4 km)
Islands Trust Fund conservation covenants vulnerable to oil spills Local Trust Area Number Shoreline protected (m) Ballenas Winchelsea 1 1,565 Galiano 2 452 North Pender 4 653 Little D’Arcy 1 2,123 Sidney 5 3,558 Salt Spring 2 386 Saturna 1 717 South Pender 1 236 Total 17 9,690 (9.7 km)
The Islands Trust Council will provide the National Energy Board with the following relevant information/knowledge:
• Information on how marine spills from the project and related marine shipping activities could impact advancement of the Islands Trust Council’s provincial object, and the environmental and socio-economic goals and policies contained in the Islands Trust Policy Statement. These democratically-derived goals and policies reflect community values and concerns.
• The Islands Trust Council maps showing the locations of areas particularly sensitive to marine oil spills (e.g. eelgrass beds, forage fish habitat).
• Islands Trust Council’s documented concerns relating to marine vessel traffic growth in the region, commercial vessel anchorage noise and light impacts, and insufficient spill response capacity and knowledge in relation to diluted bitumen and synthetic oils in the marine environment.
132
REQUEST FOR DECISION
To: Executive Committee For the Meeting of: July 2, 2014
From: Clare Frater Date: June 26, 2014
SUBJECT: CHAIR LETTER RE WOODFIBRE LNG ENVIRONMENTAL ASSESSMENT
RECOMMENDATION:
1. That the Executive Committee direct staff to draft a letter for the Chair’s signature to the BC Environmental Assessment Office with comments on the Woodfibre LNG Valued Components Selection document and the Woodfibre LNG List of Accidents and Malfunctions and Projects included under Cumulative Effects document.
2. That the Executive Committee direct staff to contact the Woodfibre LNG staff to offer Islands Trust mapping products that contain sensitive ecosystem, eelgrass, forage fish habitat, protected area and other relevant information.
CHIEF ADMINISTRATIVE OFFICER COMMENTS:
ISSUE SCREENING:
1. Origin of issue: Trust Council 2. Executive Committee decision is: discretionary 3. Issue is most closely related to Executive Committee Terms of Reference (6.1) 4. Related to Islands Trust Policy Statement (Part 1; policy 3.1.9) 5. Related to current Strategic Plan (2.3.1)
IMPLICATIONS OF RECOMMENDATION
ORGANIZATIONAL: The one day of staff time required to implement the recommendation is consistent with the current time allocation for advocacy.
POLICY: No implications for existing policy.
FINANCIAL: None.
IMPLEMENTATION/COMMUNICATIONS: The letter will take about one day of the Policy Advisor’s time to draft and will require a further two hours of administrative time to format, send, post to website, and distribute to subscribers. The letter must be submitted by July 27, 2014. The Chair’s time would be required to review and approve the letter.
Staff have begun preliminary research and believe that an Islands Trust letter would be appropriate. At this time, staff are considering the following topics but continue to research the project: Islands Trust Request For Decision Page 1 133
• The need for studies that address the impacts of LNG tanker wake on eelgrass and kelp beds, all potentially impacted shoreline types, forage fish habitat, and public safety. • The feasibility of LNG tankers using LNG fuel rather than crude oil as an energy source as a way to mitigate the risk of oil spills. • The impact of marine shipping traffic on recreational and commercial use of the marine environment in Howe Sound. • The need for studies about the impact of explosion or fire on a LNG tanker in transit. • Studies on the project’s contribution to upsteam greenhouse gas emissions generated by production and transportation of LNG to the project.
The project map on page 2 of the updated project description does not include all protected areas in the region. Staff suggest that the Islands Trust proactively offer Islands Trust mapping products that contain sensitive ecosystem, eelgrass, forage fish habitat, protected area and other relevant information to the proponent to assist their planning activities.
The letter would be cc’d to:
• Nicholas Simons, MLA, Powell River – Sunshine Coast • Jordan Sturdy, MLA, West Vancouver – Sea to Sky • John Weston, MP, West Vancouver/Sunshine Coast • Islands Trust Area First Nations • San Juan County Council • Bowen Island Municipal Council • Islands Trust Council • Lisa Gordon, Director, Trust Area Services • Islands Trust website
BACKGROUND
Woodfibre Natural Gas Limited is proposing to construct and operate a liquefied natural gas facility (LNG) located seven kilometres southwest of Squamish, British Columbia, on the northwestern shoreline of Howe Sound. The proposed project includes the development of a natural gas liquefaction facility and an LNG transfer facility to enable the export of the LNG product to global markets via marine vessels. It is expected to operate for approximately 25 years and to produce between 1.5 and 2.1 million tonnes of LNG per year.
On February 19, 2014, the federal Minister of the Environment approved the Province of BC's request to substitute the provincial environmental assessment process for the Canadian Environmental Assessment Act, 2012 environmental assessment of the Woodfibre Liquefied Natural Gas Project. The Substitution Decision identifies that the designated project to be assessed is the construction, operation and decommissioning of a liquefied natural gas facility, marine terminal and any incidental activities, including marine shipping activities. The scope of the marine shipping activities is limited to marine shipping activities only from the liquefied natural gas facility and marine terminal site to Passage Island at the entrance to Howe Sound.
On June 5, 2014, Woodfibre LNG filed a: • revised project description (the original project description was filed in Nov. 2013) • a Woodfibre LNG Valued Components Selection document • Woodfibre LNG List of Accidents and Malfunctions and Projects included under Cumulative Effects document.
The latter two documents represent a new way that the BC environmental assessment office are presenting information. The new approach is intended to make the commenting process easier for the public.
Islands Trust Request For Decision Page 2 134
In June 2014, the Islands Trust Council requested the Executive Committee to monitor and consider directing activities related to the environmental assessment process for the Woodfibre LNG project.
The project will result in about 40 LNG tankers a year or 80 transits. In the project description the proponent notes that to date Transport Canada has not identified any significant effects to navigation associated with the project. The proponent also note that they have had high-level discussions with Transport Canada to discuss the applicable regulations and international standards that might apply.
At this time, there does not appear to be a public process available within which to discuss LNG tanker impacts in the Islands Trust Area outside of Howe Sound. This could be a concern that the Executive Committee may wish to address at a later time, once more shipping details are available. For example, Saturna residents do not currently have a public assessment process for voicing concerns about shoreline damage from LNG tanker wakes. This could be an important omission if the vessels would move at a higher speed in the Strait of Georgia/Boundary Pass than is proposed for Howe Sound, making the Howe Sound wake study information (if undertaken) inapplicable. It is possible that both the approximate 34 tankers/year from the Kinder Morgan Trans Mountain Pipeline terminal and the 3-4 tankers/month from the Woodfibre LNG terminal would have moving exclusion zones around them that could impact the public’s enjoyment of the marine environment through limited access times to marine shipping lanes. Another LNG terminal is being considered for Campbell River with an expected in-service date of 2019. This project could result in substantially more than 40 tankers per year that also have moving exclusion zones. To date, staff have not identified a public process that will consider the cumulative social, economic and environmental impacts of the proposed increased tanker traffic along the main shipping channels.
REPORT/DOCUMENT: 1. Woodfibre LNG Valued Components Selection document (Hyperlink only)
2. Woodfibre LNG List of Accidents and Malfunctions and Projects included under Cumulative Effects document (Hyperlink only)
3. Updated Woodfibre LNG Project Description, June 2014 (Hyperlink only)
KEY ISSUE(S)/CONCEPT(S): Advocacy to protect the marine environment in the Islands Trust Area; safe shipment of materials hazardous to the environment
RELEVANT POLICY: • Islands Trust Act, section 3 The object of the trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of British Columbia generally, in cooperation with municipalities, regional districts, improvement districts, other persons and organizations and the government of British Columbia. • Islands Trust Policy Statement Part 1: Roles and Responsibilities section The Islands Trust Council cannot effectively implement the Policy Statement without the support of all stakeholders. Assistance, cooperation and collaboration are required from local trust committees, island municipalities, the Trust Fund Board, the Provincial Government, other government agencies, non-government organizations, communities, First Nations, property owners, residents and visitors. • Islands Trust Policy Statement Part 1: To achieve its object, the Islands Trust must be an educator, coordinator, and initiator, guiding individuals, organizations and other agencies in support of the object. While the Islands Trust can provide the necessary leadership, responsibility for stewardship of the Trust Area rests with many. Individuals, other government agencies, organizations, and
Islands Trust Request For Decision Page 3 135 the Province itself all have important roles to play. Cooperative actions are required of other agencies, organizations and individuals to ensure that activities are carried out in a manner that is sensitive to the needs of Trust Area ecosystems and island communities. • Islands Trust Policy Statement policy 3.1.9: Trust Council encourages actions and programs of other government agencies which place priority on the side of protection for Trust Area ecosystems when judgment must be exercised; protect the diversity of native species and habitats in the Trust Area, and prevent pollution of the air, land and fresh and marine waters of the Trust Area. • Advocacy Policy 6.10.iii Islands Trust Council’s 2011-2014 Strategic Plan section 2.3 includes under the strategy Advocate for protection of the Salish Sea and Howe Sound from oil spills, derelict vessels and industrial activities. Activity 2.3.1 is: Chair correspondence regarding oil spill prevention and response
DESIRED OUTCOME: Representing the Islands Trust Object to the BC Environmental Assessment Office, consistent with Trust Council’s Strategic Plan.
RESPONSE OPTIONS
1. That the Executive Committee direct staff to draft a letter for the Chair’s signature to the BC Environmental Assessment Office with comments on the Woodfibre LNG Valued Components Selection document and the List of Accidents and Malfunctions and Projects included under Cumulative Effects document.
2. That That the Executive Committee direct staff to contact the Woodfibre LNG staff to offer Islands Trust mapping products that contain sensitive ecosystem, eelgrass, forage fish habitat, protected area and other relevant information.
Alternatives: Do not take any actions.
Prepared By: Clare Frater, Policy Advisor, June 26, 2014
Reviewed By/Date:
Islands Trust Request For Decision Page 4 136 From: Gary Steeves Sent: June-20-14 10:27 AM To: Linda Adams; Sheila Malcolmson; Ken Hancock; Peter Luckham; David Graham Subject: Council Feedback/EC Session
Please include the following in your debrief on TC Saturna.
After sitting through the DFO's March Klaver presentation, I was struck by the huge waste or misuse of time in having the DFO Manager, or anyone for that matter, read a Powerpoint presentation to us. As most if not all Council members had read the power point before coming to Council, we wasted precious time which could have been used in the Q&A format or roundtable discussion to get at the aspects of the issue of particular interest to Council members.
My suggestion is that in future staff make every reasonable effort to make sure presenters understand that: Trustees get their presentation in advance, have read the presentation, some will have made notes of questions they want to ask and that we want to ensure maximum time is devoted to the exchange of information which is relevant to the roles and responsibilities of Trustees and their Local Governments. I a presenter ignores the advise and merely reads their pre-distributed presentation, the Chair might remind the presenter that Council members have received the presentation previously and perhaps we could go to questions of interest.
I know it is difficult. But I was interested in the topic and felt my time was wasted by having someone read a power point to me. It encourages Trustees to not do their homework:>)
137 3.10 Islands Trust Council Plan for Continuous Learning 2011-2015
(What other topics would trustees like to propose?) 2014-06-26 Trust Wide and Legal and Governance Working With Year Planning How-To Administrative Topics Topics Others Department of Webinar Northern and Southern Team Fisheries and Oceans Sessions New Website Orientation Meetings (re aquaculture) – to (planned) be confirmed San Juan County Coastal Douglas Fir Zone June Aquaculture Management Conservation Action Plan Respectful Workplaces
2014 Election Period Best Practices
Sept Term Review Provincial Assessment of Impact on Islands Trust (re potential SSI incorporation) Orientation Dec Draft 2015/16 Budget Orientation Orientation Orientation (Victoria) Session Introduction to Roberts Introduction to Strategic Rules Working with First Mar Planning Community Planning 101 Standards of Conduct Nations Annual Budget Session (legal session) Strategic Planning – Review of Current Plan and June Administrative Fairness San Juan County 2015 Confirmation/Identification of Goals Adoption of Strategic Plan Working with the Trust Sept for 2015-18 Fund Board Draft 2016/17 Budget Dec Session
3. 10
1 138
SESSIONS/ITEMS COMPLETED IN 2011-14 TERM Trust Wide and Legal and Governance Working With Year Planning How-To Administrative Topics Topics Others Email Management Webinar (Aug 2013) Sessions Carbon Offsets (held) (June 2013) Provincial Treaty Mar Annual Budget Session Negotiators 2014
June Working with San Carbon Neutral Policy Making Difficult Decisions (Mayne) Juan County Mar Legal Session Working with the Annual Budget Session (Thetis) Conflict of Interest Islands Trust Fund 2013 Sept Freedom of Information and Refresher on admin. fairness Advocacy Policy (Lasqueti) Protection of Privacy in application processes Draft 2014/15 Budget Dec Bylaw Enforcement Best Economic Strategic Plan Review (Victoria) Practices Sustainability Session Invasive Species Dec Greenshores for Homes re Agricultural Land (Salt Spring) Draft Budget Session Shoreline Mapping Commission
Sept Strategic Planning Standards of Conduct and Best practices in public Bowen Island (Bowen) Oil Spill Response Admin. Fairness Refresher engagement Municipality 2012 June First Nations Strategic Planning Intro to Indemnification (Penders) San Juan County Standards of Conduct Mar Annual Budget Session Community Planning 101 and Indemnification (Gabriola) Initial Strategic Planning (for new trustees)
Making Fair Decisions Dec Trustee Orientation ‘Staying out of Trouble’ 2011 Planning Orientation Islands Trust Human (Victoria) Resources
2 139
Potential topics/agency liaison for consideration in 2011-14 or future terms: • Public Consultation and Polling • BC Assessment Authority • Using Special Tax Requisitions • Ministry of Transportation • Introduction to UBCM • Local GHG Emissions Inventory (e.g. Lasqueti Island) • Effective Advocacy (Trustee Steeves suggestion) / advocacy policy • Advocacy and Media Relations • Dealing with difficult people (Trustee Busheikin suggestion) • Succession Planning and Staff Retention • Dispute Resolution for planners and trustees (Trustee Grove suggestion) • Soil Removal • Introduction to the Climate Action Charter • Alternate Energy Sources • Effective Conservation Covenants • Using Technology – document and information management • Demographics-Aging Population • Using Social Media • Dept. of Fisheries and Oceans – marine sewage, fish farming • Adapting to Sea Level Rise • Private Managed Forests Council • Local Government Liability
SESSIONS/ITEMS COMPLETED in 2008 – 2011 TERM Trust Wide and Legal and Governance Year Planning How-To Working With Others Administrative Topics Topics December Intro to Budget Session General Orientation General Orientation General Orientation 2008 (Victoria) Strategic Plan Discussion Governance (G. Cuff) Mar Strategic Planning Intro to land use planning (Gabriola) Annual Budget Session Legal Session June Introduction to land use Farm Industry Review Board Procedural Fairness (N. Pender) planning – part 2 San Juan County 2009 September Climate Change – GHG GHG Emission Reduction –
(Mayne) Emission Reduction Targets planning policies actions December Intro Budget Session Comm. Housing Task Force Litigation 101 Trust Fund Board (SaltSpring) History of the Trust Bill 27 Update March Strategic Plan Review Update regarding court Comm. Housing Task Force
(Hornby) Annual Budget Session case Bill 27 Update June Refresher on Orientation Refresher on Temporary San Juan County Marine Shipping Safety (Saturna) Topics Use Permits Parks Canada Food Security through Land Sept Strategic Plan Update and 2010 Use Planning Bowen Island Council (Bowen) Review RAR – QEP perspective Dec Intro Budget Session Good Planning Practice Trust Fund Board Regional
(Victoria) Strategic Plan Update (Randall Arendt) Conservation Plan (RCP) March Annual Budget Session MAP IT demo
(Galiano) Implementing RCP w/ LTCs
June Rural By Design Electoral Area Director – 2011 Conservation Offsets Operational Carbon (Denman) Practical examples Cortes Strathcona RD Neutrality and Offsets Sept Term & Strategic Plan Review Elections Period Best San Juan County
(SaltSpring) Advice to Incoming Council Practice
3 140 1.2 Draft – Subject to Council Approval
Minutes of Islands Trust Council Meeting June 18-19, 2014, Saturna Island, BC
Present:
Executive Committee: Sheila Malcolmson, Chair (Gabriola) David Graham, Vice Chair (Denman) Ken Hancock, Vice Chair (North Pender) Peter Luckham, Vice Chair (Thetis)
Trustees: Alison Morse, Bowen Andrew Stone, Bowen Laura Busheikin, Denman Louise Decario, Galiano Sandy Pottle, Galiano Jan Hagedorn, Gambier Kate Louise Stamford, Gambier Alex Allen, Hornby Tony Law, Hornby Peter Johnston, Lasqueti Susan Ann Morrison, Lasqueti Brian Crumblehulme, Mayne Jeanine Dodds, Mayne Gary Steeves, North Pender George Grams, Salt Spring Peter Grove, Salt Spring Paul Brent, Saturna Pam Janszen, Saturna Mike Jones, South Pender Liz Montague, South Pender Sue French, Thetis
Regrets: Gisele Rudischer, Gabriola
Staff: Linda Adams, Chief Administrative Officer Lisa Gordon, Director, Trust Area Services David Marlor, Director, Local Planning Services Marie Smith, Executive Coordinator (Recorder) Jennifer Eliason, Islands Trust Fund Manager (June 18) Kate Emmings, Ecosystems Specialist(June 18) Gary Richardson, Island Planner (June 18) Cindy Shelest, Director, Administrative Services (June 19) Carmen Thiel, Legislative Services Manager (June 19)
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1411 WEDNESDAY, JUNE 18, 2014
Call to Order
The meeting was called to order at 8:25 am. Chair Malcolmson acknowledged that the meeting was being held in traditional territory of the Coast Salish First Nations.
Twenty-five trustees were in attendance. Trustee absent: Gisele Rudischer, Gabriola.
Notice of New Items/Approval of the Agenda
TC-2014-044 It was MOVED by Trustee Hagedorn and SECONDED by Trustee Dodds, To add “Environmental Assessment Office Review re Wood Fibre LNG Project” as a new business item. CARRIED
TC-2014-045 It was MOVED by Trustee Stamford and SECONDED by Trustee Crumblehulme, To add ‘Gulf Islands Alliance June 3, 2014 letter re: Proposed Logging on Gambier Island” as a new business item. CARRIED
Chair Malcolmson advised that the Sara Steil was no longer able to present as a delegation on June 19 and that her written submission would now be addressed during the Decision and Information Items session, as Correspondence (Item 6.3)
By General Consent, the agenda was approved, as amended.
CLOSED SESSION
TC-2014-046 It was MOVED by Trustee Brent and SECONDED by Trustee French, That the Islands Trust Council meeting be closed to the public subject to Section 90(1)(b) of the Community Charter in order to consider matters related to :personal information about an identifiable individual who is being considered for an award or honour, and that staff attend the meeting. CARRIED
The meeting closed to the public at 8:32 am and reopened to the public at 8:42 am.
DECISION AND INFORMATION ITEMS
By suggestion from Chair Malcolmson, Council members agreed to address Section 3 – Executive items prior to Sections 1 and 2.
3. EXECUTIVE
3.1 Chief Administrative Officer’s Report
Provided for information.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1422
3.2 Executive Committee Work Program Report
The top work program priorities as of May 2014 were: 1) Governance, Policy, Strategic Planning, Trust Council; 2) Communications, Advocacy, Policy Statement, Interagency and Public Relations; and 3) Organizational Improvements.
TC-2014-047 It was MOVED by Trustee Luckham and SECONDED by Trustee Graham, That the Islands Trust Council approve the Executive Committee Work Program Report. CARRIED
3.3 Recommendations Regarding Trust Council Input into Future CAO Hiring Process
The Executive Committee has recommended changes to the Executive Committee’s Terms of Reference that would provide a role for additional trustees, those elected to chair Trust Council’s three Standing Committees, in both a future hiring decision and a potential termination decision of its Chief Administrative Officer. The proposed amendments also provide for consultation with the entire Trust Council, early in a future hiring process.
TC-2014-048 It was MOVED by Trustee Luckham and SECONDED by Trustee Graham, That the Islands Trust Council approve the proposed amendments to Policy 2.4.i – Executive Committee Terms of Reference as illustrated in the draft dated June 18, 2014.
In Favour – 20 Opposed – 5 (Dodds-Mayne; Brent-Saturna; Janszen-Saturna; Grams-Salt Spring; Montague-South Pender) CARRIED
TC-2014-049 It was MOVED by Trustee Luckham and SECONDED by Trustee Crumblehulme, That the Islands Trust Council request the Executive Committee to make amendments to its Policy 8.4.1 – Chief Administrative Officer Contingency Succession Plan, to reflect the amendments made to Trust Council Policy 2.4.i. CARRIED
3.4 Amendments to Policy 4.1.v – Local Trust Committee Resolutions Without Meeting 3.5 Amendments to Islands Trust Council Election Procedures Bylaw – Decision 3.6 Mail Ballot Voting – Briefing
Agenda Items 3.4, 3.5 and 3.6 were deferred to June 19 when respective staff will be in attendance.
3.7 Jurisdictional Considerations Regarding Fishery Aquaculture on Crown Marine Lands in the Islands Trust Area
A briefing outlining a review of government jurisdiction as it applies to fishery aquaculture on Crown marine areas in the Islands Trust Area, was provided for information.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1433 3.8 March 2014 Delegation, Cameron Thorn – Concerns Raised
Staff introduced a briefing to Council members regarding matters raised in a delegation by Cameron Thorne at the March 2014 Council meeting. She highlighted a table that breaks down the concerns he raised, comments and response to the concerns raised, and a detailed chronology revolved around the concerns.
Trustee Montague wanted on the record that she raised concerns with respect to the following three items in the Briefing:
1. Page 7 - characterization of her conversation with legal counsel noted as hypothetical 2. Table 1, Item 11 – did not address when and how Mr. Thorn’s submission was made public; 3. Table 1, Item 12 – her issue with Resolution without meeting process and not being aware that the vote was called.
In light of Local Planning Committee Chair and Trustee Decario’s upcoming absence from the Council meeting June 19, Local Planning Committee items were dealt with next on the agenda.
2. LOCAL PLANNING
2.2 Local Planning Committee Work Program Report
The top work program priorities of the Local Planning Committee as of May 2014 were: 1) Renewable Energy Technology in the Trust Area; 2) 2) Green Shores for Homes; and 3) Local Planning Committee Policy Review.
TC-2014-050 It was MOVED by Trustee Decario and SECONDED by Trustee Grams, That the Islands Trust Council approve the Local Planning Committee Work Program Report. CARRIED
2.6 Local Planning Committee Referral of Advisory Planning Commission Conflict of Interest Material
A briefing was provided updating Trust Council on the Local Planning Committee’s work so far on Advisory Planning Commission (APC) conflict of interest, along with objectives and options for addressing conflict of interest and bias in a model APC bylaw. It was noted that the Local Planning Committee will consider Trust Council’s request on reviewing Trust Council APC policies and recommending amendments and a model APC bylaw at its August meeting. Staff noted that a model bylaw would only be a guide that each local trust committee would choose whether to use as a baseline or not.
COMMUNITY PRESENTATION
Maureen Welton, with the Saturna Island Marine Research and Education Society (SIMRES), provided a presentation to trustees about the society and how SIMRES would eventually like to establish a permanent marine research centre on Saturna Island.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1444 COASTAL DOUGLAS FIR CONSERVATION PLAN
Peter Arcese with the Nature Trust of BC and Tim Ennis with the Nature Conservancy spoke to trustees about the importance of the Coastal Douglas-fir Conservation Partnership and its associated ecosystems, conservation planning and provided options for engaging the Islands Trust in next steps.
AQUACULTURE RESOURCE MANAGEMENT
March Klaver, Regional Manager of Aquaculture Resource Management, participating by telephone, provided a power point presentation to trustees about the BC Aquaculture Regulatory Program managed by Fisheries and Oceans Canada, including aquaculture policies, Integrated Management of Aquaculture Plans, and the federal aquaculture licensing process.
SAN JUAN COUNTY LIAISON
Rick Hughes, Chair and Jamie Stephens, Vice Chair of the San Juan County Council exchanged information and discussed mutual areas of interest with trustees, including shellfish aquaculture, shoreline protection initiatives, ferries, community economic development and the proposed Kinder Morgan/Trans Mountain Pipeline.
The meeting recessed at 5:35 pm.
Thursday, June 19, 2014
The meeting reconvened at 8:06 am. Twenty four trustees were in attendance. Trustees Absent: Gisele Rudischer, Gabriola; Louise Decario, Galiano
CLOSED SESSION
TC-2014-051 It was MOVED by Trustee Luckham and SECONDED by Trustee Hagedorn, That the Islands Trust Council meeting be closed to the public subject to Sections 90(1)(c),(g), (i) and 90 (2) (b) of the Community Charter in order to consider matters related to labour relations and other employee relations, litigation affecting the Islands Trust, and receipt of advice that is subject to solicitor-client privilege and to discuss matters related to the consideration of information received and held in confidence relating to negotiations between the Islands Trust and the provincial government; and that CAO Linda Adams be invited to attend the entire meeting, and that Islands Trust staff and San Juan County Council members be invited to attend Parts 3, 4 and 5 of the meeting. CARRIED
The meeting closed to the public at 8:07 am and reopened at 8:53 am.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1455 DECISION AND INFORMATION ITEMS
5. TRUST AREA SERVICES
5.1 Director of Trust Area Services Report
Provided for information.
5.2 Trust Fund Board Report
Trustee Tony Law, Chair of the Trust Fund Board, highlighted the Board’s accomplishments as of May 2014 in the areas of Strategic Planning/Administration, Covenant and Property Acquisition, Property and Covenant Management, Communications and Fundraising. A written report was provided for information.
5.3 Natural Area Protection Tax Exemption Program NP-NAP-2014.1
TC-2014-052 It was MOVED by Trustee Law and SECONDED by Trustee That the Islands Trust Council request the Secretary issue a Natural Area Protection Tax Exemption Certificate for a portion of the land described as “Lot 23, Section 6, Pender Island, Cowichan District, Plan 1084, Except Part in Plan 19554” PID 008- 045-453, subject to registration of a conservation covenant and completion of a baseline inventory report consistent with the standards developed for NAPTEP. CARRIED
5.4 Trust Programs Committee Work Program Report – Decision
The top work program priorities of the Trust Programs Committee as of May 2014 were: 1) Community Stewardship Awards; 2) BC Ferries Advocacy Program; and 3) Legislative Monitoring.
TC-2014-053 It was MOVED by Trustee Brent and SECONDED by Trustee Montague: That the Islands Trust Council approve the Trust Programs Committee Work Program Report. CARRIED
5.5 2013-2014 Annual Report
TC-2014-054 It was MOVED by Trustee Hancock and SECONDED by Trustee Graham: That the Islands Trust Council approve the 2013-2014 Annual Report for submission to the Minister of Community, Sport and Cultural Development. CARRIED
5.6 Advocacy Costs, Resources and Priorities
TC-2014-055 It was MOVED by Trustee Graham and SECONDED by Trustee Brent: That the Islands Trust Council direct policy staff to focus 60% of their time on Trust Council advocacy until December 2014, with half of that time on marine topics, one quarter on BC Ferries and one quarter on program decision-making frameworks and evaluation. CARRIED
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1466 5.7 BC Ferries Advocacy
TC-2014-056 It was MOVED by Trustee Brent and SECONDED by Trustee Busheikin: That the Islands Trust Council prioritize BC Ferries advocacy with a focus on: 1) BC Ferries’ long-range plan (30 years); 2) Need for the Province to fund BC Ferries capital costs; and 3) BC Ferries Commissioner’s pre-performance term four process.
TC-2014-057 It was MOVED by Trustee Law and SECONDED by Trustee French: Amend the motion to read: That the Islands Trust Council prioritize BC Ferries advocacy with a focus on: 1) BC Ferries’ long-range plan (30 years); 2) Need for the Province to fund BC Ferries costs, including capital costs; at a level that will keep future fare increases in line with or lower than CPI; and 3) BC Ferries Commissioner’s pre-performance term four process.
Some trustees expressed opposition the amendment, noting there was no need to articulate what is already Trust Council’s policy, and the need to look at outcomes rather than the intricacies of funding capital funding.
On the amendment In Favour - 17 Opposed - 7 Malcolmson-Gabriola; Stamford-Gambier; Crumblehulme-Mayne; Grove-Salt Spring; Grams-Salt Spring; Brent-Saturna; Luckham-Thetis CARRIED On the motion as amended.
TC-2014-058 It was MOVED by Trustee Busheikin and SECONDED by Trustee Hancock: To further amend the motion to read: That the Islands Trust Council prioritize BC Ferries advocacy with a focus on: 1) BC Ferries’ long-range plan (30 years); 2) Need for the Province to fund BC Ferries costs, including capital costs; at a level that will keep future fare increases in line with or lower than CPI, while meeting essential transportation needs of ferry dependent communities, and 3) BC Ferries Commissioner’s pre-performance term four process. In Favour - 23 Opposed - 1 Morse-Bowen CARRIED
TC-2014-059 It was MOVED by Trustee Morse and SECONDED by Trustee Brent: To further amend the motion to read: That the Islands Trust Council prioritize BC Ferries advocacy with a focus on: 1) BC Ferries’ long-range plan (30 years); 2) Need for the Province to fund BC Ferries coastal ferry service costs, including capital costs; at a level that will keep future fare increases in line with or lower than CPI, while meeting essential transportation needs of ferry dependent communities, and 3) BC Ferries Commissioner’s pre-performance term four process.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1477 In Favour – 5 Brent-Saturna; Morse-Bowen; Law-Hornby; Montague-South Pender; Crumblehulme-Mayne Opposed - 19 Morse-Bowen DEFEATED
TC-2014-060 It was MOVED by Trustee Brent and SECONDED by Trustee Crumblehulme: That the Islands Trust Council direct staff to provide a briefing to the incoming Trust Council regarding options for hosting a public forum for coastal communities on integrated marine transportation.
Numerous trustees expressed opposition noting there was no scope, rationale or allocation of resources stated and was not on the Strategic Plan, and suggested it could go back to the Trust Programs Committee for further consideration. DEFEATED
5.8 Legislative Monitoring Report
Provided for information.
5.9 2014 Community Stewardship Awards
Provided for information.
5.10 Coastal Douglas-fir and Associated Ecosystems Conservation Partnership
TC-2014-061 It was MOVED by Trustee Law and SECONDED by Trustee Allen: That the Islands Trust Council request that the Executive Committee consider sponsoring an Association of Vancouver Island Coastal Communities/Union of BC Municipalities resolution that calls on the Province to provide funding for the CDFCP and for land protection initiatives in the CDF zone.
CARRIED
TC-2014-062 It was MOVED by Trustee Law and SECONDED by Trustee Allen: That Islands Trust Council request that staff work with the CDFCP to develop recommendations for Trust Council’s consideration regarding Local Trust Committees could use local planning tools to protect Coastal Douglas-fir ecosystems. CARRIED
1. GENERAL
1.1 Resolutions Without Meeting
There were not Resolutions without Meeting to report.
1.2 March 2014 Trust Council Meeting Draft Minutes
By General Consent, the March 2014 Trust Council Meeting Minutes were adopted, as presented.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1488 1.3 Trust Council Follow-Up Action List
Provided for information.
2. LOCAL PLANNING
2.1 Director of Local Planning Services Report
Provided for information.
2.3 Gabriola Island Local Trust Area Development Approval Information Bylaw No. 150
This bylaw would clarify the information applicants must provide when applying for bylaw amendments, development permits and temporary use permits in the Gabriola Island Local Trust Area.
TC-2014-063 It was MOVED by Trustee Graham and SECONDED by Trustee Steeves: That Trust Council Bylaw No. 150, cited as "Gabriola Island Local Trust Area Development Approval Information Bylaw No. 150, 2013". be read a first time. CARRIED
TC-2014-064 It was MOVED by Trustee Graham and SECONDED by Trustee Steeves: That Trust Council Bylaw No. 150, cited as "Gabriola Island Local Trust Area Development Approval Information Bylaw No. 150, 2013". be read a second time. CARRIED
TC-2014-065 It was MOVED by Trustee Graham and SECONDED by Trustee Steeves: That Trust Council Bylaw No. 150, cited as "Gabriola Island Local Trust Area Development Approval Information Bylaw No. 150, 2013". be read a third time. CARRIED
2.4 Riparian Areas Regulation Implementation
A briefing was provided to update Council members on the status of implementation of the Riparian Areas Regulation (RAR) in the Islands Trust Area and the results of the Ombudsperson’s review of the procedures around implementation of Riparian Areas Regulation.
Staff addressed questions from trustees about implications for local governments not in compliance by October 2014, and whether ministerial approval of OCPs would be in jeopardy if not in compliance. Staff noted that the Ministry of Forest, Lands and Natural Resources will need to come back with more information about what local governments can do to comply.
2.5 Bylaw Enforcement Report
A report noting the number of enforcement files; organized by local trust area, and by the type of enforcement was provided for information, along with a report on the status of open files and the length of time current files have been open.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 1499
3. EXECUTIVE
3.4 Amendments to Policy 4.1.v – Local Trust Committee Resolutions Without Meeting
TC-2014-066 It was MOVED by Trustee Graham and SECONDED by Trustee Hagedorn: That the Islands Trust Council endorse the process outlined in Attachment 1 to the Request for Decision, for a comprehensive review of the policy and procedures regarding Local Trust Committee Resolutions Without Meeting and that a draft replacement policy be brought to Trust Council in September 2014 for consideration of adoption.
The Legislative Services Manager noted that the response to a Call for Vote will be increased to 36 hours from 24 hours and if endorsed, the amended policy will be ready for orientation of the next Trust Council and will provide a standardized approach for all offices to use. In Favour – 21 Opposed – 3 (Steeves-North Pender; Law-Hornby; Janszen-Saturna) CARRIED
3.5 Amendments to Islands Trust Council Election Procedures Bylaw
Amendments to this bylaw include the requirement that public access to candidates’ information be published by Elections BC as well as the current practice of publication on the Islands Trust website. Trustees will receive further information about elections administration at the September 2014 Council meeting.
TC-2014-067 It was MOVED by Trustee Hancock and SECONDED by Trustee Luckham: That Islands Trust Council Bylaw No. 157, cited as "Islands Trust Election Procedures Bylaw, 2008, Amendment Bylaw No. 1, 2014" be read a first time. CARRIED
TC-2014-068 It was MOVED by Trustee Hancock and SECONDED by Trustee Luckham: That Islands Trust Council Bylaw No. 157, cited as "Islands Trust Election Procedures Bylaw, 2008, Amendment Bylaw No. 1, 2014" be read a second time. CARRIED
TC-2014-069 It was MOVED by Trustee Hancock and SECONDED by Trustee Luckham: That Islands Trust Council Bylaw No. 157, cited as "Islands Trust Election Procedures Bylaw, 2008, Amendment Bylaw No. 1, 2014" be read a third time. CARRIED
3.6 Mail Ballot Voting
A briefing was provided for information outlining potential mail ballot provisions in the upcoming 2014 General Local Elections. Staff noted that all regional districts in the Islands Trust Area are considering offering mail ballots to electors, with the exception of the Sunshine Coast Regional District.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 10150
3.9 Provincial Analysis Impact of Potential SSI Incorporation
Staff provided a briefing, detailing the background and status regarding a study by the Ministry of Community Sport and Cultural Development to assess the impacts on the Islands Trust, in the event of incorporation of Salt Spring Island.
3.10 Trust Council Plan for Continuous Learning 2011-2014
Provided for information.
3.11 Islands Trust Council 2011-2014 Strategic Plan – Status Update
Provided for information.
RESPECTFUL WORKPLACES SESSION
Trustees were provided with an opportunity to understand their roles and responsibilities in creating and upholding a respectful workplace in the Islands Trust.
Discussion included having a written code of conduct available that could be read at the beginning of every public meeting and for use by advisory planning commissions.
The meeting recessed from 12:15 pm to 1:00 pm.
DELEGATION AND TOWN HALL
Trust Programs Committee Chair Brent announced the recipients of the 2014 Community Stewardship Awards as follows:
Individual Category Christa Grace-Warrick Brian Hollingshead David Denning Paul and Monica Petrie
Enduring Achievement (Posthumous) Barrie Morrison and Nancy Waxler-Morrison
Group Category Galiano Conservancy Association Association of Denman Island Marine Stewards
Council members heard delegations from the South Pender Island Advisory Planning Commission, Bruce Pendergast, Cameron Thorn, Denman Island Marine Stewards and Eion Finn, along with town hall participant Susie Washington Smythe.
DECISION AND INFORMATION ITEMS
4. ORGANIZATIONAL/FINANCE
4.1 Director of Administrative Services Report
Provided for information.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 11151
4.2 Financial Planning Committee Work Program Report – Decision
The top work program priorities for the Financial Planning Committee as of May 2014 were: 1) Frist Draft 2015/16 Budget; and 2) Complete 2013/14 Year End and Audit; 3) Budget Process Policy 6.3.1; and 4) Trustee Travel and Procedures.
TC-2014-070 It was MOVED by Trustee Steeves and SECONDED by Trustee Hancock, That the Islands Trust Council approve the Financial Planning Committee Work Program Report. CARRIED 4.3 March 31, 2014 Audited Financial Statement and Report
TC-2014-071 It was MOVED by Trustee Steeves and SECONDED by Trustee French, That the Islands Trust Council approve the audited financial statements of the Islands Trust including the Statement of Financial Position, the Statement of Operations, the Statement of Changes in Net Financial Assets and the Statement of Cash Flows, for the year ended March 31, 2014. CARRIED
4.4 Amendment to Policy 7.2.iii Trustee Travel Guidelines
TC-2014-072 It was MOVED by Trustee Hagedorn and SECONDED by Trustee French: That the Islands Trust Council amend Policy 7.2.iii, Schedule A, to increase the Allowable Expenditure for Dependent Care to $100 per day for overnight costs to attend off island business meetings and $50 per day for local/on island meetings.
TC-2014-073 It was MOVED by Trustee Stone and SECONDED by Trustee Dodds: To amend the motion as follows: That the Islands Trust Council amend Policy 7.2.iii, Schedule A, to increase the Allowable Expenditure for Dependent Care to $135 $100 per day for overnight costs to attend off island business meetings and $80 $50 per day for local/on island meetings.
On the Amendment CARRIED
On the motion as amended CARRIED TC-2014-074 It was MOVED by Trustee Steeves and SECONDED by Trustee Hancock: That the Islands Trust Council replace Policy 7.2.iii Trustee Travel Guidelines dated February 9, 1996 with Policy 7.2.iii Trustee Travel Policy and Procedures, as amended June 19, 2014
CARRIED
TC-2014-075 It was MOVED by Trustee Steeves and SECONDED by Trustee Graham: That the Islands Trust Council rescind Islands Trust Council Bylaw No. 29, cited as "Islands Trust Council Trustee Expenses and Benefits Bylaw, 1995", as amended. CARRIED
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 12152 4.5 Amendment to Policy 6.3.i Budget Process Policy
TC-2014-076 It was MOVED by Trustee Steeves and SECONDED by Trustee Crumblehulme: That the Islands Trust Council adopt amendments to Policy 6.3.i. Budget Process Policy, dated June 18, 2014. CARRIED
6. CORRESPONDENCE
6.1 David Steen, Gulf Islands Alliance re Climate change
For information, no action proposed.
6.2 Graham Brazier, Gulf Islands Alliance re Local aquaculture zoning concerns
TC-2014-077 It was MOVED by Trustee Johnston and SECONDED by Trustee Dodds: That the Islands Trust council convey to the letter writer that each local trust committee is autonomous. CARRIED 6.3 Sara Steil re Pleasure Craft Sewage Prevention Regulation
Trustee Steeves suggested that since this issue is on the Trust’s strategic plan that local trustees circulate Ms. Steil’s petition to their constituents.
7. SUMMARY/UPDATES
7.1 Trustee Updates
7.1.1 BC Ferries (T. Law)
Trustee Law, Co-Chair of the Ferry Advisory Committee Chairs, and various trustees gave verbal updates on local their Ferry Advisory Committees.
7.1.2 First Nations
No update.
7.1.3 Gulf Islands National Park Reserve Advisory Committee (P. Janszen)
Trustee Janszen reported that the Committee has held no meetings to report on.
7.1.4 Salt Spring Island Watershed Protection Authority (G. Grams)
Written report provided for information.
7.1.5 Howe Sound Report (J. Hagedorn)
Written report provided for information.
7.2 Priorities Chart – General Consent
By General Consent, the Islands Trust Council approved the Priorities Chart, as presented.
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 13153 7.1 Proposed June 2014 Trust Council Agenda Program
The draft agenda program for the next meeting of the Islands Trust Council, scheduled for September 10-12, 2014 on Keats/Gambier Islands was provided for information.
7.4 Disposition of Delegations and Town Hall Requests – General Consent
By General Consent, the Islands Trust Council requested the Chair to write to the delegation participants and to thank them for their submissions.
8. NEW BUSINESS
8.1 Environmental Assessment Office Review re Wood Fibre LNG Project
TC-2014-078 It was MOVED by Trustee Hagedorn and SECONDED by Trustee Stamford: That the Islands Trust Council request the Executive Committee to monitor and consider directing activities related to the environmental assessment process for the Woodfibre LNG project. CARRIED
Trustees Morse and Dodds left the meeting.
8.2 David Steen, Gulf Islands Alliance re Logging on Gambier Island
TC-2014-079 It was MOVED by Trustee Stamford and SECONDED by Trustee Hagedorn: That the Islands Trust Council request the Executive Committee to review the staff resources available to update and combine Trust Council’s six existing agreements (1994-1999) into one agreement with the Ministry of Forests, Lands and Natural Resource Operations in order to implement the sections of the Islands Trust Policy Statement regarding Crown Land and return to Trust Council with recommendations for next steps. CARRIED
9. ADJOURNMENT
TC-2014-080 It was MOVED by Trustee Graham and SECONDED by Trustee Hancock, To adjourn the meeting. CARRIED
The meeting adjourned at 3:28 pm.
Next meeting: September 10-12, 2014, Keats/Gambier Islands, BC.
______Sheila Malcolmson, Chair, Islands Trust Council Marie Smith, Executive Coordinator & Recorder
June 2014 Islands Trust Council Meeting Minutes – DRAFT, Subject to Council Approval Page 14154
DRAFT
September 2014 Islands Trust Council Agenda Program Location: Keats/Gambier Islands
June 4/14
TUESDAY, SEPTEMBER 9 WEDNESDAY, SEPTEMBER 10 THURSDAY, SEPTEMBER 11 KEATS GAMBIER KEATS
Morning 7:30 – 8:15 Breakfast 7:30 – 8:20 Breakfast
8:30 – 8:45 Water Taxi to Gambier 8:30 – 9:15 **Closed Meeting** • CAO Update 9:15 – 10:00 Decision and Information Items • Litigation Update
10:00 – 10:30 Break 9:15 – 10:15 Election Season Best Practices
10:30 – 12:30 Closed Meeting** 10:15 – 10:45 Break • Provincial Assessment of Impact on Islands Trust re potential SSI 10:45 – 12:15 Advice to Incoming Council Incorporation • Trustee Roundtable
Afternoon 12:15 – 1:00 Lunch 12:30 – 1:15 Lunch 12:15 Meeting Adjourned (approx.)
1:00 – 1:05 Call to Order and Notice of 1:15 – 2:15 Delegations and Town Hall New Business Items 2:15 – 3:00 Decision and Information Items 1:05 – 2:30 Decision and Information Items 3:00 – 3:30 Break
2:30 – 3:00 Break 3:30 – 4:45 Decision and Information Items
3:00 – 5:00 2011-2014 Term Review • Committee Highlights 5:00 Water Taxi to Keats • Strategic Plan • Trustee Roundtable
Dinner Dinner
Members of the public are invited to attend all sessions except any Closed portion (**) of the meeting and meals 7.3
155
June 10, 2014
Sheila Malcolmson, Chair, Islands Trust Council Executive Committee C/o Marie Smith [email protected]
Subject: Bowen Island Council’s 2014 Proposed Bylaw Changes to the OCP
Dear Sheila,
It is with serious concern that I write to the Islands Trust, once again, regarding the community owned lands on Bowen Island.
My previous correspondence was c/o Lisa Dunn, Trust Area Services in Victoria, on August 15, 2008. Please refer to File No. BM-RZ-223-2008 – the “STAFF REPORT from Jessica Brooks Re: Bowen Island Bylaw No. 57, 2002 Amendment Bylaw No. 223, 2008,” - a development proposal for Lot 3 of the Community Lands - with it’s attached two letters from the Bowen Island public that had been sent to the Islands Trust at that time.
This time I am writing to outline concerns with regard to a different development proposal - one that slates Community Land Lot 2 for development, and proposes OCP amendments that would realize the development plan that was presented to the public for the first time, on April 14, 2014. It is not clear if this is being packaged as “CD 14” as was the previous proposal that would have left “planning” to the developer. This could be an additional cause for concern regarding process, ethics, and democratic principles, even considering that the long awaited and election- promised, civic center is to be featured in the “community campus” part of the development.
I understand, from those points detailed under sub-title “POLICY STATEMENT BYLAW REVIEW” contained in the STAFF REPORT of 2008 referred to above, that any amendments to our OCP must take into consideration the Islands Trust Policy Statement directives.
Should Council modify to bring the proposal more into compliance with those Trust Directives in accordance with the Islands Trust staff advise to the Bowen Island Council – File OCP 01-2014 and RZ 04-2013, Date May 20, 2014 - and included in our BIM Agenda package of May 26, 2014 - that might make the development proposal more legally acceptable, but may still beg the question of island character compatibility. It would not address other concerns such as the steep slope aspect of the land all along the eastern border of the zone, the overall suitability of the site for the concentrated density envisioned, the radical change to housing style and height
156 P. 2 of 3 which would bring complete loss of the present island character to the immediate area, the “commercial” inclusion leading to commercial sprawl thereby fragmenting the village of Bowen and creating possible competition that might undermine existing enterprises, and, of especially serious concern is the parking and traffic design that conflicts with all other present uses surrounding the area and could lead to real safety hazards. Please know too, that even piece-meal retention of “pathways”, and the “look out bluff “would certainly not address the environmental shock of lost wildlife forest for the birds, and other forest creatures, or for the carbon sink credits and island green aesthetics that that “passive park” (Lot 2) has provided for the visitors to Bowen Island, not to mention for the citizens here, both adults and children, and for the school children whose school outings and nature studies include that park.
There has been nothing even akin to participatory democratic principles observed as all of the Lot 2 Temporary Advisory Board’s meetings and consultations with council have been behind closed doors – not open to the public. There has been no marketing analysis done that has been viewable to the public, no economic planning objective that would describe the commercial core of the long-awaited lower Cove revitalization as being linked pragmatically to this proposal, and then there are the hidden costs such as the necessary infrastructure requirements of water, sewer, roads, steep slope geo-technical study, etcetera, which are, well - “hidden”. Such costs, it has been suggested, will far exceed the loan incurred to purchase the community lands, formerly described as “surplus lands”, so that argument, oft used to support development proposals to retire that loan, carries little weight.
For me, nothing could be more contradictory than the other mantra being floated, once again, as to “community benefits”. Community benefits happen when development is well thought out, adheres to existing OCP and Islands Trust guidelines and, fully engages the community. That hasn’t been happening, and instead the plan is being rushed through, and driven it appears, primarily for private gain, and at the expense of the loss of island ambiance, and forested green space.
Established parks are priceless amenities and irreplaceable natural tourist attractions on the Gulf islands, and especially so on Bowen, only 20 minutes from congested urban developments. Lot 2 will be drastically altered by a highly questionably-designed development that will create heretofore unheard of ghetto- like density and traffic congestion in one location, while with the same stroke, utterly destroy the natural wealth represented in the holdings of those community lands.
This island needs a comprehensive plan, with full citizenry participation, in the use of all 38 acres of the community lands for the best democratically defined benefits to be enjoyed for now and for years to come, with the vision to recognize, at this time in history, the true value of the concept of preserve and protect.
157
P. 3 of 3
An additional major concern to be noted, is identified in the 2008 “Staff Report where it states: “Council gave First Reading to the bylaw proposal re Lot 3”. Unfortunately, although requested, that First Reading was never, Rescinded.
Many people have been working, more recently, to have the “passive park” section (Lot 3) of the Crippen Park entrance to Bowen, protected in perpetuity. Therefore, if the OCP amendments requested are approved for Lot 2 before the planning vision for all the Community Lands can be realized, that ‘window of opportunity’ to have the parkland of Lot 3 preserved, may be gone as well. I don’t believe that Bowen Island can afford to let that happen.
In Summary, I cannot support the OCP/LUB amendments due to the lack of consideration for the ITPS Directives 5.2.3, 5.2.4, 5.2.5, and I include 5.2.6 as well because of the steep slope aspect of the site. And further, I cannot support the amendments because of the lack of opportunity for full community involvement for what would become a massive and radical change, a precedent, and a loss of integral parkland to the peripheral cove area on Bowen. That this proposal has already passed 2nd Reading is astounding given the concerns of many as to the perceived disregard for democratic principles and legalities.
Thank you for your kind attention to my letter, and please acknowledge receipt of arrival at your convenience.
Yours truly,
Edna Thomson 1030 Miller Road Bowen Island, VON 1G1 604 947 0738 [email protected]
Cc Bowen Island Municipal Council C/o Lisa Wrinch [email protected]
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-----Original Message----- From: Peter Johnston Sent: June-22-14 9:31 PM To: executiveweb Subject: guidelines for EC members acting as chairs of local trust committees?
Hello executive committee members and senior staff,
Perhaps I should have asked this question on Saturna, but time was getting tight and I didn't.
Are executive committee members given any guidelines about voting as members of Local Trust Committees? Is there any policy about this, or any practice?
It seems to me that it would be reasonable for the chairs of LTCs, when a vote is held, to wait until both local trustees have voted, and to allow the two local trustees to pass of defeat a motion without their vote. In the case of a divided vote, the chair would decide whether to break the tie, or to facilitate more discussion on the issue, to see if agreement could be reached.
This seems particularly important as only a majority vote is needed to pass any resolution, including one without meeting. It seems to me that the role of the off-island chair of the LTC should be mainly facilitative and advisory, rather than decisive.
I'd love to learn that this is the practice. If it is not, I might well see if I can introduce the idea for Council's consideration in September.
Thank you very much. I intend to send you a further email with my feedback on the meeting in the next few days. Peter
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June 11, 2014
Dear Mayors and Chairs:
I am pleased to inform you of opportunities to schedule appointments with me at the upcoming annual UBCM Convention taking place in Whistler, September 22 to 26, 2014.
You will have recently received a letter from Honourable Christy Clark, Premier, containing information about the online process for requesting a meeting with Premier Clark and other Cabinet Ministers. I am pleased to provide you with information regarding the process for requesting a meeting with me, as well as with provincial government, agency, commission and corporation staff.
If you would like to meet with me at the Convention, please complete the online form available from June 16 at: CSCD Minister's Meeting and submit it to the Ministry of Community, Sport and Cultural Development before August 15, 2014. Meeting arrangements will be confirmed by early September. I will do my best to accommodate as many meeting requests as possible. In the event I am unable to meet with you, arrangements may be made for a meeting post-Convention.
Ministry staff will email the provincial appointment book. This lists all government, agency, commission and corporation staff available to meet with delegates at the Convention, as well as details on how to request a meeting online.
I look forward to another productive Convention and working with you in the year ahead.
Sincerely,
Coralee Oakes Minister pc: Honourable Christy Clark, Premier Ms. Rhona Martin, President, Union of British Columbia Municipalities
Ministry of Community, Sport Office of the Minister Mailing Address: Location: and Cultural Development PO Box 9056 Stn Prov Govt Room 124 Victoria BC V8W 9E2 Parliament Buildings Phone: 250 387-2283 Victoria BC V8V 1X4 Fax: 250 387-4312 www.gov.bc.ca/cscd 160 161 162 163 164 165 Revised June 3, 2014
PART 1 ‐ Executive Committee Work Program Top Priorities
Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) 2014 06 02 RFD forwarded to TC 2014 05 01 Second in camera briefing to EC prepared 2013 08 27 further EC discussion 2013 08 20 Initial in camera briefing to Clarify jurisdictional issues related EX‐12‐03 1 2012 12 12 TC‐R EC LA 2015 In Progress Y N Y to Islands Trust boundary 2.4.8 2013 05 24 initial ministerial discussion 2013 04 Legal advice obtained 2012 11 Preliminary discussions with one RD 2012 09 Presentation to Trust Council 2014 05 30 Advice sought re timing of minister meeting Seek legislative change regarding EX‐12‐01 2 2012 09 12 TC‐R 2013 09 10 Chair letter to Minister LA 2015 In Progress Y N Y TFB name change 1.4.1 2013 Chair letter to Minister 2012 Initial discussion with ministry staff 2014 06 02 RFD and policy amendments Propose amendments to policy and forwarded to TC EX‐14‐02 3 2014‐03‐06 TC‐R LA 2014 In Progress N N Y bylaw re CAO recruitment process 2014 05 01 Draft RFD and policy amendments prepared for EC review
1 Numbered chronologically by group, year and next consecutive number 2 Date of originating resolution – in the case of policy, provide date of policy 3 TC=Trust Council; EC=Exec Comm; R=resolution; P=policy; ITA=Islands Trust Act 4 Summarize activity to date, in reverse chronological order 5 SP = Referenced in current Trust Council Strategic Plan 6 PS = Referenced in Islands Trust Policy Statement 7 ToR = Consistent with Executive Committee Terms of Reference of policy assignments BOLD = non‐discretionary (required by legislation or Trust Council policy)
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166 Revised June 3, 2014
Top Target Project Date Priority Description Origin3 Summary of Activity to Date4 Owner Completion Status SP5 PS6 ToR7 No1 Initiated2 No Date 2014 03 Briefing received by TC 2013 11 to 2014 02 – Briefings and reports to Select Committee 2013 09 Resolution of TC to establish Select Committee regarding TC input into future CAO recruitment process Communications, Advocacy, Policy Statement, Protocols, Inter‐agency and Public Relations (TAS) Not Started TA‐14‐04 1 BC Ferries advocacy 2014 TC LG 2014 Y N Y 4.2 2014 06 02 RFD to TC with recommendations re advocacy 2013 12 TC LG 2014 06 In Progress N N Y resources/costs re marine and coastal protection 2014 06 02 RFD to TC with info re TA‐13‐03 2 Advocacy Strategy 2014 03 TC resources for all advocacy activities LG 2014 06 In Progress N N Y
Planned: Develop draft framework for 2014 03 TC assessing all campaign priorities and LG 2014 09 In Progress N N Y methods Oil spill and shipping safety Invited to be a commenter re Trans Y TA‐14‐03 3 2014 04 TC LG 2014 In Progress 2.3 N Y advocacy Mountain pipeline (due Sept.9) 3.1 Administration (ADMIN) n/a LTC Assistance (LPS) Review and report on process for Work to begin in July and complete for LT‐12‐02 1 development of RD/LTC protocol 2012 08 12 EC DM August Not Started N N Y August EC meeting. agreements Legislative Services, Procedures, Administrative Fairness (LS) 2014 05 29 ‐ RFD prepared for TC on LTC Develop RFD for TC re RWM RWM policy and procedures LS‐13‐01 1 2013 05 07 EC‐R CT (w DM) 2014 09 In Progress N N Y procedures 2014 01 Preliminary discussion with legislative clerks held 2014 04 Draft guidelines for advisory Develop RFD for TC re access to group members prepared for LPC review CT(w LS‐13‐02 2 legal advice for advisory body and 2013 05 07 EC‐R 2014(?) In Progress N N Y 2014 03 Initial draft and scope of work DM/LA) BOV members re conflict of interest discussed
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167 Revised June 3, 2014
PART 2 ‐ Executive Committee Work Program Long List
Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date TC Prep, Strategic Planning, Org. Improvements, TC Policy & Bylaw Development, Management Liaison, Governance(EXEC) 2014 05 30 Preliminary meeting with consultants 2014 04 25 Updated financial and other data provided to new consultants 2014 01 30 Session outline prepared for review with ministry/consultants 2014 01 08 briefing to FPC, cc to EC 2013 09‐11 data and input to contractor 2013 10 Discussion with contractor re study timing/IT input opportunities Islands Trust Impact Analysis – 2013 09 10 Further info provided to LA EX‐12‐02 4 potential impacts with regard to 2012 09 12 TC‐R 2014 09 In Progress Y N Y contractor (w/CS) 6.3 possible SSI incorporation 2013 08 20 Initial budget and other info provided to contractor 2013 07 03 Final ToR received from ministry 2013 06 11 Comments on draft ToR sent to Ministry 2013 06 10 Draft ToR received for comment 2013 04 08 Input to MCSCD re ToR re Islands Trust Impact Analysis Develop internal organizational policies and procedures regarding procurement that supports local 2013 09 11 TC Procurement policy food security amended re local food procurement EX‐10‐03 5 2010 12 TC‐R 2013 08 21 Draft amendments to LA 2014 In Progress N Y Y Include food security in any reviews procurement policy recommended by of existing protocols and explore FPC opportunities to develop new protocols around food security EX 12‐04 6 Policy development process 2012 12 08 EC‐R 2013 08 27 First draft of policy LA 2014 In Progress N N Y
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168 Revised June 3, 2014
Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date development framework prepared (w/CT) 2013 04 staff training plans started 2013 04 internal discussions and research 2014 05 29 Status update to TC 2014 03 Status update to TC 2014 01 15 Revised plan considered by FPC 2013 12 05 Revised plan adopted Coordinate implementation of 2013 10 14 Prepare RFD, amended plan EX‐13‐02 7 Strategic Plan in relation to 2014/15 2013 09 TC‐R and session outline for December TC LA 2014 In Progress Y N Y budget meeting 2013 10 Circulation of Strategic Plan to IT bodies with requests for comment in regards to budget preparations 2013 09 RFD to Trust Council and updated/reformatted Strategic Plan 2014 05 reminder to Ministry re protocol agreement approval 2014 02 Response sent to BIM re legal request 2014 01 29 Initial legal advice re BIM Annual meeting between EC and request received, briefing in preparation EX‐10‐02 8 2010 09 14 TC‐R LA 2014 In Progress N Y Y BIM (including follow‐up) 2014 01 20 Revised protocol sent for ministerial approval 2014 01 13 Meeting held 2013 10 03 Dates proposed for Jan/14 2013 08 21 Initial contact made with CAO EX 10 03 9 Long‐term CAO succession plan 2010 09 27 EC‐R Some basic research completed LA 2014 Not Started N N Y EX‐12‐05 10 Policy regarding litigation defence 2012 12 08 EC‐R LA 2014 Not Started N N Y Documentation about prep of RFDs EX‐12‐06 11 2012 12 08 EC‐R 2014 06 03 Staff workshop rescheduled LA 2013 In Progress N N Y and briefings Trustee orientation program (to include: opportunities to use 2014 02 04 EC review of 2011 TC EX‐14‐01 12 experience of returning trustees, 2014 02 04 EC orientation schedule and trustee LA 2014 12 Not Started N N Y LPS/TAS distinction, trustee mentor evaluations program, on‐line trustee handbook)
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169 Revised June 3, 2014
Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date
Communications, Advocacy, Policy Statement, Protocols, Inter‐agency and Public Relations (TAS) Review resources needed to review protocol agreements/letters of TA‐14‐05 4 understanding with the Ministry of 2014‐06‐19 TC LG 2014 Not Started N N Y Forests, Lands and Natural Resource Operations 2013 08 Develop map showing effect of TA‐09‐02 5 Pleasure craft sewage advocacy 2009 TC regulatory improvements and develop LG 2014 In Progress Y Y Y 2.5 recommendations 2014 01 05 Staff participating in working Derelict vessel advocacy group TA‐10‐01 6 2010 EC LG 2013‐2014 In Progress Y N Y Strategic Plan 2.3.6 2014 04 23 Staff drafted Chair letters, 2.3 to AVICC, BC and Federal Ministers Monitor opportunities for the 2014 Staff compiling media and other TA‐13‐02 7 Islands Trust to support the ALR 2013‐10‐08 EC background docs. LG 2014 Done N Y Y during core review 2014 05 07 Chair letter to Minister Communications Tower Siting Process (Advise whether TC actions Staff continue to monitor status of TA‐14‐02 8 2014 03 TC LG 2014 In Progress N Y Y are necessary re Industry Canada regulatory change. 5.3.1 protocol) (see related LPS project) Shellfish Aquaculture Advocacy 2014 03 14 EC decided this topic was (pending TC decision) highest priority advocacy topic. Staff
attended Senate committee hearing on (strategic plan focus 2.1.1 is on staff TA‐14‐01 9 2014 03 EC aquaculture, drafted letter for Integrated LG 2014 In Progress N N Y and EC meeting with regulatory Geoduck Management Framework and agencies to advocate for attended AVICC Deep Bay educational appropriate regulation of session on shellfish aquaculture. aquaculture) Drafted letter to BC Ferries re protocol TA‐09‐01 10 BC Ferries protocol agreement 2009‐10‐14 EC LG 2014 In Progress Y N Y agreement in August 2010 4.2 Provide advice re amendments to Policy 6.2.ii (AVICC/UBCM) re convention TA‐13‐01 11 Policy amendments re UBCM 2013‐01‐24 EC LG 2014 On hold N N Y attendance ‐ CF shared proposed changes with CAO 2014‐05‐06 – EC postpones to next term On hold Proceed with next phase of video TA‐11‐01 12 2011‐11‐12 EC 2013 11 – EC postpones to 2014 LG 2015 until next N N Y project 2013 07 ‐ Trustees Hancock and Luckham term
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170 Revised June 3, 2014
Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date to collaborate with staff to revise terms of reference and procurement process before returning to EC.
Administration (ADMIN) n/a LTC Assistance (LPS) Provide advice re application LT‐12‐04 2 sponsorship policy re sponsorship of 2012 11 20 EC DM Not Started N N N gov. bodies Review and report on ILMB process LT‐12‐03 3 2012 08 12 EC DM Not Started N N N regarding tenure referrals Industry Canada – Cell Towers – advise TC whether action required LT‐14‐01 4 2014 03‐06 TC DM Not Started N N N re LTC policy. (see TAS ##) On‐going: At Chair’s request, staff cc Chair correspondence to First Nations 2013 ‐‐ Business case to provide budget LT‐12‐01 5 Improve First Nations relations 2012‐07‐03 EC DM 2014 In Progress Y N Y for FN staff specialist (not approved) 5.1 2012 ‐‐ Report prepared with prelim ID of potential improvements Legislative Services, Procedures, Administrative Fairness (LS) Develop recommended 2010 08 17 2014‐05‐29 – Meeting scheduled with amendments for LTC 2010 02 09 Director of LPS and Victoria RPM on correspondence handling policy 2014‐06‐05 to discuss/develop procedures 2014 01 ‐‐ Implementation procedure documents in development 2013 12 04 ‐‐ Policy adopted by TC LS‐10‐03 2 EC‐R 2013 11 14 ‐‐ Draft Policy and RFD CT 2013 12 In Progress N N Y prepared for TC 2013 04 06 ‐‐ Research/prepare draft 2012 07 23 ‐‐ CAO review of 1st draft 2012 10 11 ‐‐ CAO review of 2nd draft 2012 10 12 ‐‐ Draft circulated to RPMs/LPS Admin. staff for comment 2012 11 07 ‐‐ Review RPM Feedback
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171 Revised June 3, 2014
Long List Target Project Date Priority Description Origin Summary of Activity to Date Owner Completion Status SP PS ToR No Initiated No Date resulting in amendments and need to separate policy and procedure in draft 2013 11 01 ‐‐ Prepare Briefing to EC for Nov 6 meeting outlining: Policy Issue Definition and Options and providing draft policy 2013 11 12 Prepare Request for Decision to EC for Nov 19 meeting asking EC to sponsor Policy for adoption by TC Review Policy 7.1.i – Administrative Fairness Policy re the application of LS‐14‐01 3 procedural fairness principles to 2014 06 03 EC‐R CT n/a Not Started N N Y actions other than statutory decisions Notes: 1. Tasks assigned by Trust Council, either by resolution (R) or policy (P) (e.g. Annual Report development) should normally appear as the highest priority projects from the date of initiative until complete, unless variance approved by EC resolution. 2. Cyclical tasks with defined deadlines (i.e. Preparation of Trust Council agenda package or orientation materials) will occasionally displace discretionary projects.
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