RES#18-377

It was Moved and Seconded

1. That Bylaw No. 466, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No 466, 2018” be read a second time as amended; and
2. That Council refer Bylaw No. 466, 2018 to a Public Hearing.

                                                                             CARRIED

Councillors Ander, Morse and Kaile in Opposition

RES#18-312

It was Moved and Seconded

That Council request staff to provide comment on the ramifications of changing the wording in Bylaw 466, 2018, Section 4.13.1(1)(d) from “…eelgrass meadows…” to “…eelgrass habitat…”.

CARRIED UNANIMOUSLY

RES#18-313

It was Moved and Seconded

That Bylaw No. 466, 2018 cited as “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 466, 2018” be read a first time; and

That staff be directed to undertake referrals and report back to Council.

CARRIED

Councillors Ander and Morse in Opposition

RES#18-314

It was Moved and Seconded

That Council direct staff to provide the definition and impact of amending Bylaw No. 466, 2018 section 4.13.1(1) from “…beach…” to “…public beach…”.

DEFEATED

Mayor Skeels, Councillors Mason and Fast in Opposition

RES#18-186

It was Moved and Seconded

That Council instruct staff to begin preparation of a bylaw to amend Land Use Bylaw No. 57, 2002 to prohibit dock construction across beaches, recreational foreshore and adjacent to public accesses to the ocean and that the Chief Administrative Officer report back to Council.

CARRIED

Councillors Morse, Ander and Kaile in Opposition

It was Moved and Seconded
That the Advisory Planning Commission recommend that Bylaw No. 466, 2018, a bylaw to amend the Water General 1 Zone, not be amended as proposed, but rather that the existing wording in Bylaw No. 57, 2002, as is currently written with the addition of proposed amendment sections (d) and (e) regarding eelgrass, kelp and crustacean protection; and,

That the Advisory Planning Commission recommend that Council direct staff to identify specific beaches on Bowen Island that are not appropriate for dock construction.          

                                                                                           CARRIED UNAMINOUSLY

Daniel Martin, Manager of Planning and Development re: Bylaw No. 466, 2018 (Rezoning Amendment - WG1 Amendment)

Daniel Martin, Manager of Planning and Development, provided the following documents to inform discussion regarding the proposed Bylaw No. 466, 2018 Rezoning Amendment – Water General 1 Zone Amendment:

• Referral letter to the APC dated September 11, 2018
• Council report dated April 18, 2018
• Council report dated July 4, 2018
• Council report dated August 17, 2018
• Council presentation
• APC presentation

The suggested amendment under discussion included the following:

Any Community dock, private moorage facility or group moorage facility shall be located such that it will not:

1. Physically divide a beach;
2. Impede pedestrian access along the beach portion of the foreshore;
3. Limit or restrict public use of a beach;
4. Negatively impact eelgrass meadows, beds or patches; or,
5. Negatively impact kelp beds, clam beds or mussel beds.

Discussion included:

• Possible definitions of “beach” and “recreational foreshore”
• Defining physically dividing a beach: Tunstall Bay was cited as having a dock which crosses a beach but does not impede pedestrian access to the beach
• Bowen Bay was cited as an example of an area where a private dock would have a negative impact on public enjoyment of a beach
• Bullet (a) nullifies points (b and c)
• Bullet (a) would prohibit a resident who owned water-access only property from accessing their property by boat.
• Bullet (c) also addresses issues of public access to the sea
• Advisability of First Nations engagement
• Council motivations for revising the bylaw
• It was suggested that beaches be identified on a topographic map, that there be defined beach standards, and that each beach be individually zoned or that the island be divided into two or three different water zones