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DRAFT 2

TO: BRYAN KIRK - CHIEF ADMINISTRATIVE OFFICER CC: JASON SMITH – COMMUNITY PLANNER FROM: MICHAEL ROSEN – PLANNING CONSULTANT

RE: BOWEN ISLAND MUNICIPALITY LAND USE BYLAW NO. 57, 2002,

AMENDMENT BYLAW NO. 223, 2008 COMMUNITY LANDS (SITE 3) RESPONSE FROM REFERRAL ORGANIZATIONS DATE: SEPTEMBER 26, 2008 RECOMMENDATIONS

1) THAT Bowen Island Municipality Official Community Plan Bylaw No. 139,

1995, Amendment Bylaw No. 235, 2008 be read a first time; 2) THAT Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment

Bylaw No. 223, 2008 be reread a first time; 3) THAT pursuant to the Letters Patent, Bowen Island Municipality Official

Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 235, 2008 and Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 223, 2008 be referred to the Islands Trust;

4) THAT pursuant to Section 879 of the Local Government Act, Bowen Island Municipality Official Community Plan Bylaw No. 139, 1996, Amendment Bylaw No. 235, 2008 be referred to the Advisory Planning Commission and to a Public Information Meeting for comment; and

5) THAT staff be authorized to schedule a Public Information Meeting prior to the

holding of a Public Hearing on Bowen Island Municipality Official Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 235, 2008 and Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 223, 2008.

PURPOSE To provide Council with information regarding the referral process on Bylaw 223, 2008, a bylaw that would amend the Land Use Bylaw for Site 3 of the Community Lands BACKGROUND At the Council Meeting on 23 June 2008, Council gave first reading to Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 223, 2008, a bylaw that would rezone Site 3 (Community Lands on the east side of Miller Road) to accommodate approximately 70 units of multi family housing, and referred the Bylaw to various parties for comment. Council members will recall that subsequent to that referral and prior to receiving any

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DRAFT 2 - Snug Cove Action Plan - Community Lands (Site 3) - Bylaw 223, 2008

of the responses, Council decided that a potential ferry exit road alignment as proposed in the Snug Cove Master Plan should not be accommodated through a portion of Site 3. REFERRAL RESPONSES The following is a summary of the referral responses, copies of which are attached to this report: 1) Surplus Lands Working Group The Surplus Lands Working Group met on 7 August 2008 and has provided the following recommendations to Council: a) Endorse Bylaw No. 223, 2008 relating to the density proposal based on a floor space ratio, notwithstanding that the density exceeds the OCP density policy with the following proposed amendments:

i. that 15% of the site floor area should be required as affordable housing; ii. that the average floor area per unit is too large and should be reduced; iii. that the lot coverage for all buildings and structures be increased from 25% to 30% while maintaining the requirement that not more than 50% of the site be covered by buildings structures parking and landscaping areas; and iv. that the maximum height of a townhouse be increased from 8 to 9 metres;

b) Not consider rezoning and disposing the small site fronting Government Road, adjacent to the “old gas station” nor the property behind the RCMP residence and RCMP detachment; c) Consider rezoning and disposing of all, or a portion of Site 1; and d) Not pursue the potential development of Site 2 or alternative areas within Site 2. 2) Affordable Housing Working Group The Affordable Housing Working Group met on 8 September 2008 and has provided the following recommendations to Council:

a) Any zone created for the Community Lands shall include a requirement to provide a minimum of 15% for affordable housing; and

b) Council is encouraged to consider amending the density provisions of the Official Community Plan for Snug Cove to accommodate higher density and diverse affordable housing in Snug Cove.

The latter recommendation was provided on the basis that the Community Lands should be maximized to the benefit of the community as they provide a unique opportunity to make a significant impact on the provision of affordable and diverse housing, that Snug Cove is uniquely suited for affordable housing, and that there is a significant shortage of affordable housing. 3) Advisory Planning Commission The Advisory Planning Commission met on 25 September 2008 and has provided the following recommendations to Council: a) With the recognition that the OCP would need to be amended to accommodate the proposed densities, endorse Bylaw No. 223, 2008 with the following proposed amendments:

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i. that the average floor area for apartments and townhouse uses be decreased from 900 sq. ft. to 700 – 800 sq. ft. and 1000 sq. ft. to 950 – 1050 sq. ft., respectively; ii. that the lot coverage for all buildings and structures be increased from 25% to 30%; iii. that the maximum height of a townhouse be increased from 8 to 9 metres; and iv. that the maximum number of units in a townhouse and apartment building be increased from 4 to 6 and 11 to 12, respectively. 4) Metro Vancouver Regional Parks The attached letter from Metro Vancouver Regional Parks dated 18 August 2008 identifies the following issues regarding the proposed development of Site 3: a) To address environmental protection, public safety, and recreation management issues along the Crippen Regional Park (Park) and Site 3 interface, site planning should ensure that trees remain wind firm along the interface and that a fire hazard assessment is undertaken. The proposed 5 meter setback may not be sufficient; and b) Providing a linkage between Site 3 and the Park would be desirable. 5) Islands Trust The attached letter from the Islands Trust dated 26 August 2008 raised concern that Bylaw 223, 2008 was not consistent with the density policies within the Official Community Plan, and on that basis, Bylaw 223, 2008 would be considered at variance to the Island Trust Policy Statement. 6) Other Referral Comments As of the date of this report, responses have not been received from the Public Works Department and the Fire Chief. PROPOSED OFFICIAL COMMUNITY PLAN AMENDMENT BYLAW 235, 2008 Notwithstanding that Planning Department staff believe that Land Use Bylaw Amendment Bylaw 223, 2008 is consistent with the spirit and intent of the overall Official Community Plan including the Snug Cove Village Plan, given the comments formally raised by the Islands Trust and informally by the other referral groups, staff have prepared the attached proposed amendment to the Official Community Plan to address the density equivalency issue. The proposed Bylaw would create a density equivalency policy for the Snug Cove area only. The policy would enable Council, in the consideration of rezoning applications such as the ones for Site 3 and Abbeyfield, to measure density in alternative ways, in order to encourage housing diversity and environmentally sensitive development, provided that the overall spirit and intent of the OCP would be respected. Should a density equivalency approach be proposed by staff or by a development proponent that does not meet the intent of the density equivalency policy or the general spirit of the OCP, then Council will in no way be obligated to accept the density equivalency proposal.

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PROPOSED CHANGES TO LAND USE BYLAW AMENDMENT BYLAW NO. 223, 2008 In response to the comments from the referral groups, the following changes have been incorporated within Bylaw 223, 2008: a) eliminate the definition of “apartment`` and add a definition of ``stacked townhouse`` due to concerns raised with the term ``apartment``; b) replace the term “apartment`` with ``stacked townhouse`` in the list of Permitted Uses; c) increase the size of rezoned area to 1.3 ha (3.19 acres) to include all of Site 3, except the separate lot with frontage on Government Road, due to Council`s decision not to protect land for a potential ferry exit road. It should be noted that this approach is contrary to the recommendation of the Surplus Lands Working Group and will further elaborated upon below; d) increase the minimum gross floor area from 4650 sq. meters to 5559 square meters due to the increased size of the site. Please recall that this is the density equivalent component and gross floor area has been calculated by taking the size of the site (1.3 ha / 3.19 acres) multiplying it by 17.5 units per acre (density limit in the OCP) and multiplying an average unit size of 139.4 square meters / 1500 square feet; e) increase the maximum gross floor area from 6782 sq. meters to 7786 square meters due to the increased size of the site; f) add the requirement that affordable housing in the amount of 15% of the gross floor area of residential use be provided for any development on the site due to the recommendation from the Affordable Housing Working Group that affordable housing should not be treated as a bonus item but should be made a requirement of any development proposal on Community Lands; g) decrease the average floor area of a townhouse from 92.9 sq. meters to 88.3 – 97.6 square meters to provide more flexibility and to encourage a wider range of dwelling unit sizes; h) decrease the average floor area of a stacked townhouse from 83.7 sq. meters to 65.0 – 74.4 square meters to provide more flexibility and to encourage a wider range of dwelling unit sizes; i) increase the maximum lot coverage from 25 to 30% to provide more flexibility for site planning; j) increase the maximum number of units within a stacked townhouse building from 11 to 12 to provide more flexibility for site planning; k) increase the maximum number of units within a townhouse building from 4 to 6 to provide more flexibility for site planning; and l) increase the minimum rear yard setback from 5 meters to 10 meters with the ability to reduce same to better address the Park interface. All of these changes are consistent with the recommendations from the referral groups except for the recommendation from the Surplus Lands Working Group (SLWG) that the rezoning area be decreased by eliminating that part of Site 3 immediately east and behind the RCMP station site. The SLWG provided this recommendation in order to potentially accommodate a comprehensive development that would include the “old gas station” site, the RCMP site, and the Community Lands that would result in the delivery of tangible benefits to the community such as a

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significant public gathering point and a consolidation of government functions in one location. Planning staff in consultation with Mr. Frits de Vries decided not to pursue the direction of the SLWG for the following reasons: a) Should this portion of Site 3 be removed from the zoned area, then the land would be cut off from future development unless consolidated with the RCMP site which might put the Municipality in an inferior negotiating position with the other parties; b) Access to this portion of Site 3 from that portion of Site 3 along Government Road is significantly constrained due to the presence of an escarpment; c) There is no certainty that a mutually acceptable agreement would ultimately be reached between the owners of the “old gas station” site and the RCMP; and d) To cover that eventuality, and to protect the potential developability of this portion of Site 3, an easement would need to be registered on the developable portion of Site 3 guaranteeing access through it for its future development. This access would create uncertainty for the developer and ultimately for the future purchasers of units and would therefore likely affect the value of the land. PUBLIC CONSULTATION In addition to the feedback that Council has received to date, it would be desirable for Council to present the proposed bylaw package to the community for comment. A Public Information Meeting is one approach that could be used to solicit feedback. Such a meeting should be held before the bylaws are formally sent to Public Hearing. COUNCIL OPTIONS The following options are provided for Council’s consideration:

1) Option 1: Give first reading to OCP Amendment Bylaw No. 235, 2008 and amended Land Use Bylaw Amendment Bylaw No. 223, 2008 and refer the bylaws to the Islands, the Advisory Planning Commission, and to a Public Information Meeting; or

2) Option 2: Request staff to revise the bylaws prior to bringing them forward to Council for consideration of first reading.

CONCLUSION Other than the density issue and its relationship to the OCP, there was broad support for the type of development proposed for Site 3. An amendment to the Official Community Plan addressing density equivalency within Snug Cove has been proposed and changes to the CD-14 zone within the Land Use Bylaw have been incorporated within a revised bylaw in accordance with recommendations from the referral bodies. Accordingly, Option 1 is the recommended course of action. Michael Rosen Attachments: 1) Official Community Plan Amendment Bylaw 235, 2008

2) Revised Land Use Bylaw Amendment Bylaw 223, 2008 3) Minutes from Surplus Land Working Group Meeting – 5 August 2008

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PROPOSED

Bowen Island Municipality Page 1 Bylaw No. 235, 2008

BOWEN ISLAND MUNICIPALITY

BYLAW NO. 235, 2008

A Bylaw to amend the Official Community Plan Bylaw No. 139, 1995

WHEREAS, Bowen Island Official Community Plan Bylaw No. 139, 1995 contains policies and designates land for different land uses and densities; WHEREAS, Council wishes to amend Bowen Island Official Community Plan Bylaw No. 139, 1995 in order to provide for alternative measures to measure density in order to encourage smaller dwelling units that are more affordable; THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enacts as follows: 1. This Bylaw may be cited for all purposes as the “Bowen Island Municipality Bylaw No. 235, 2008 -

Bowen Island Official Community Plan Bylaw No. 139, 1995, Amendment Bylaw No. 235, 2008. 2. Bowen Island Official Community Plan Bylaw No. 139, 1995 is amended by adding the following to

Policy 4.1.3(d) of Schedule K (Snug Cove Village Plan):

“Notwithstanding the manner in which the density measure of units per acre has been established in this policy, Council may utilize alternative ways to measure density within Snug Cove in order to:

a) encourage smaller dwelling units that are would be more affordable; and

b) accommodate development that seeks to use land in a more efficient manner thereby reducing its footprint;

provided that the application of the density equivalent approach is consistent with the spirit and intent of this Plan.``

READ A FIRST TIME this _____day of ___________, 2008. PUBLIC HEARING HELD this _____ day of ________, 2008. READ A SECOND TIME this _____ day of _________, 2008. READ A THIRD TIME this _____ day of ________, 2008. APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST this ____ day of _______, 2008 RECONSIDERED, FINALLY PASSED AND ADOPTED this ____ day of ________2008. ____________________________ _________________________

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Proposed Bylaw 223, 2008 Page 1 Site 3

PP RR OO PP OO SS EE DD BOWEN ISLAND MUNICIPALITY

BYLAW NO. 223, 2008

A Bylaw to amend Land Use Bylaw No. 57, 2002 WHEREAS, “Bowen Island Land Use Bylaw No. 57, 2002” establishes regulations for the use of land and buildings; and WHEREAS, Council wishes to amend “Bowen Island Land Use Bylaw No. 57, 2002” to create a new zone for land within Snug Cove to provide for a range of housing types and the creation of affordable multi family housing; THEREFORE be it resolved that the Council for Bowen Island Municipality in open meeting assembled enacts as follows: 1. This Bylaw may be cited for all purposes as the “Bowen Island Municipality Land

Use Bylaw No. 57, 2002, Amendment Bylaw No. 223, 2008” 2. “Bowen Island Land Use Bylaw No. 57, 2002” is amended by adding the

following definitions to Section 1.1 as follows: “STACKED TOWNHOUSE DWELLING means a building or a portion of a building comprised of three or more dwelling units where units may be placed one on top of each other“

“LIVE WORK means a building or portion of a building, or a lot or strata lot:

1. that combines a commercial or artist studio use with a dwelling unit for the owner of the commercial business, and that person's household;

2. where the commercial or artist studio use occupies no more than 30% of the total net floor area of the unit;

3. where the resident owner or employee of the business is responsible for the commercial or artist studio use;

4. where the commercial or artist studio use takes place; and 5. where commercial uses do not include eating and/or drinking

establishments.” “TOWNHOUSE DWELLING means a building or a portion of a building comprised of three or more dwelling units separated from one another by party walls extending from foundations to roof, each of which has a separate exterior entrance at grade and shares no more than two party walls with adjacent dwelling units”

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3 “Bowen Island Land Use Bylaw No. 57, 2002” is amended by adding Section 4.20 to the Bylaw as follows:

“4.20 COMPREHENSIVE DEVELOPMENT 14 (CD 14) ZONE (SITE 3)

Information Note: The purpose of the CD 14 Zone is to accommodate the development of affordable multiple family housing on land within Snug Cove. The regulations in the tables in this Section apply to land in the Comprehensive Development 14 (Site 3) Zone, as indicated by the column headings. 4.20.14 Permitted Uses of Land, Buildings and Structures (1) In addition to the uses permitted in Section 3.2 of this Bylaw, the following

uses, buildings and structures and no others are permitted in the Comprehensive Development 14 (Site 3) Zone:

Note 1: 15% of the residential floor area shall be developed as non-

market residential dwelling units that may only be owned or rented under the terms of housing covenants registered on title in favour of the Bowen Island Municipality

Permitted Land Uses Townhouse Dwelling ♦ Stacked Townhouse Dwelling ♦ Live Work ♦ Commercial ♦ Accessory Uses ♦

Units and Density

Minimum Gross Floor Area 5559 sq. m.1 Maximum Gross Floor Area 7786 sq. m.1 Maximum Floor Area Per Unit (Townhouse)

111.5 sq. m.

Average Floor Area Per Unit (Townhouse)

88.3 – 97.6 sq. m.

Maximum Floor Area Per Unit (Apartment)

92.9 sq. m.

Average Gross Floor Area Per Unit (Apartment)

65.0 – 74.4 sq. m.

Maximum Floor Area (Commercial)

743.5 sq. m.

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The Gross Floor Area of 7786 square meters includes floor area allocated for commercial and live work uses.

4.20.14 Size and Siting of Permitted Uses, Buildings and Structures (2) Subject to Part 3, uses, buildings and structures in the Comprehensive

Development 14 (Site 3) Zone must comply with the following regulations regarding size, siting and density:

Lot Coverage Maximum combined lot coverage of all buildings and structures

30%

Maximum combined lot coverage of all buildings and structures plus parking and hard landscaping areas

50%

Height

Maximum height of an apartment (metres)

11 or 2.5 storeys whichever is the

lesser Maximum height of an townhouse (metres)

9 or 2.5 storeys whichever is the

lesser

Units in Buildings Maximum number of units in apartment 12 Maximum number of units in townhouse

6

Setbacks

Minimum setback from front lot lines (metres)

5

Minimum setback from side lot lines (metres)

5

Minimum setback from rear lot line (metres)

101

Note 1: The 10 metre rear yard setback may be reduced to not less than

5 metres if it can be demonstrated to the satisfaction of the Municipality that a buffer can be retained within the setback area with trees that have been confirmed by an arborist as being wind firm.

4.20.14 Off Street Parking Requirements (3) Off street parking shall be provided in accordance with the part of this

Bylaw that pertains to off street parking requirements, except that the off street parking for town house and stacked townhouse dwelling units may be reduced from 1 space per unit to 0.75 spaces per unit, provided that all

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required off street parking for apartment units shall be located beneath the building.”

4. “Bowen Island Land Use Bylaw No. 57, 2002” is amended by changing the

zoning classifications for the lands shown outlined in a solid black line on Schedule 1 of this Bylaw from Passive Park (P1a) to Comprehensive Development 14 (Site 3) Zone and by making such deletions, adjustments, and consequential annotations on Schedule “B” to Bylaw No. 57, 2002 as are required to give effect to this amendment.

5. “Bowen Island Land Use Bylaw No. 57, 2002” is amended by adding reference in Table 4-1 to Comprehensive Development 14 (Site 3) Zone.

READ A FIRST TIME this 23 day of June, 2008. REREAD A FIRST TIME this day of , 2008. PUBLIC HEARING HELD this day of , 2008. READ A SECOND TIME this day of , 2008. READ A THIRD TIME this day of , 2008. RECONSIDERED, FINALLY PASSED AND ADOPTED this day of , 2008. _________________________ ___________________________ Bob Turner Bryan Kirk Mayor Chief Administrative Officer Certified to be a true and correct copy of the “Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 223, 2008 adopted by the Council of Bowen Island Municipality this day of , 2008. ______________________________ Bryan Kirk Chief Administrative Officer

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BOWEN ISLAND MUNICIPALITY

SCHEDULE "1" TO BYLAW NO. 223

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Bowen Island Municipality Report

Date: May 17, 2010

To: Hendrik Slegtenhorst, CAO Hap Stelling, Director of Planning

From: JoAnn Peachey, Planning Consultant

Subject: Land Use Bylaw Amendment No. 223/Community Lands Site 3

Recommendation: That first reading of Bylaw No. 223, 2008 cited as ““Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 223, 2008” be rescinded and the bylaw abandoned. Background: The above noted Bylaw Amendment proposed to change the Land Use Designation of site 3 of the Community Lands from Passive Park (P1a) to Comprehensive Development Zone No. 14.

Comprehensive Development Zone No. 14 enabled 8,000 square feet of commercial space and a mix of residential uses including apartments, townhouses, and live /work units for the purpose of providing affordable multiple family housing on land within Snug Cove. The Bylaw Amendment established a minimum of 15% of the floor area to be designated as non‐market residential dwellings.

Conclusion:

At the June 23, 2008 Council meeting, Land Use Bylaw Amendment No. 223 was given First Reading. Council has taken no further action on this item since 2008. It appears that this file is no longer active. As such, it is recommended that Bylaw No. 223, 2008 be abandoned.

Director of Planning Comments:

I have reviewed and concur with the recommendations of the Planning Consultant.

Hap Stelling, Director of Planning

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