Bylaw No. 367, 2014 (Bowen Investments Ltd.) Second Reading, File No: Bowen Island Trunk Road (479 & 477) BII-2014-DP-RZ -SUB (Old file # RZ )

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1 TO: FROM: SUBJECT: Mayor Skeels and Members of Council Cari St. Pierre, Senior Planner. Bylaw No. 367, 2014 (Bowen Investments Ltd.) Second Reading, File No: Bowen Island Trunk Road (479 & 477) BII-2014-DP-RZ -SUB (Old file # RZ ) DATE: January 26 th 2015 RECOMMENDATION: That Council rescind Resolution # from the July 28, 2014 Council meeting stating that: Bylaw No. 367, 2014 cited as Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 367, 2014 be re-read a first time as amended and re-read a second time as amended; and that Bylaw No. 367, 2014 be referred to a Public Hearing ; and That Bylaw No.367, 2014 cited as Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014, be read a second time; and That staff be directed to schedule a Public Hearing for Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, ATTACHMENTS: 1. Appendix A: Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014, existing bylaw, given reading on, July 23 rd, Appendix B: Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014, Second Reading for Council consideration, January 26 th Appendix C: New pub development concept design with human scale and height perspectives, (Dec 17 th version). 4. Appendix D: Pub Rezoning, Detailed Backgrounder. PURPOSE: To provide Council with an amended bylaw for the rezoning of the Bowen Island Pub (Bowen Investments Ltd.). Staff are proposing second reading based on the original bylaw. Report to Council : Bylaw No. 367, 2 nd reading Page 1 of 9 Date: January 26 th 2015

2 BACKGROUND: (Please see Attachment # 4, Appendix D, for a complete and thorough history of the project to date.) At the December 8 th Council meeting, staff were directed to reschedule the Public Hearing as soon as Council returned in early January. In mid-december, the applicant met with the CAO and Senior Planner to request that staff return to Council to request rescinding second reading of the existing bylaw. The applicant felt this would allow him to amend the previous second reading from July 28 th, which did not fully reflect the applicants request. The applicant also wanted more time to conduct additional public engagement, give the Mayor and Council more time to review the proposal and allow his consultant time to update the concept design for the proposed future development, to better reflect questions raised by the new Council. December 18 th, the applicant met with staff and requested a significant change to the bylaw regarding underground parking and reduction of setbacks. Staff indicated that this would cause delays, as this change was substantial enough to require referring the bylaw internal and externally again. It would also require a bylaw amendment to other sections of the Land Use Bylaw parking and definitions sections. Staff was also exploring alternatives to the applicants request that may not require a bylaw change, but would still lengthen the process and timeline for completion of the zoning amendment and Development Permit. At the January 12 th Council staff returned to Council to update them of the applicants requested changes. As a result, the following resolution was adopted by Council: It was Moved and Seconded by Council that staff bring forward Bylaw No. 367, 2014, cited as "Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014" for a new second reading based on input from Staff and the applicant, for Council s consideration. On January 14 th the applicant contacted the Senior Planner and CAO, indicating that he decided to withdraw his request for additional bylaw changes, and instead requested that staff bring the bylaw back for Council s consideration. The following items have been attached for Council consideration, for second reading of Amendment Bylaw No. 367, 2014: Report to Council; Updated Concept design, located in attachment #3, Appendix C; and Updated version of the Amendment Bylaw No. 367, 2015, located in #2, Appendix B No substantial content changes have been made to the new second reading bylaw, from the May 26 th 2014, first reading, nor has any significant content changes been made to the bylaw requiring additional internal and external referrals, from those already completed. Report to Council : Bylaw No. 367, 2 nd reading Page 2 of 9 Date: January 26 th 2015

3 Current Site Information: The applicant, is proposing the rezoning and development of the two adjacent properties as shown on the location map below: 993 and 995 Dorman Rd. and 479 Bowen Island Trunk Rd, a 0.1 ha (0.25 acre) parcel described as Lot A, Block A, District Lot 777, Plan Bowen Island Trunk Rd., a 0.03ha (0.08 acre) parcel, described as Lot 5, Block A, District Lot 777, Plan 5523 Lot A, is the current location of the Bowen Island Pub, which has residential units above and retail units below with the remainder of the parcel being used for parking. Lot 5 use is currently licenced by an adjacent business for parking. Prior to the final rezoning, it will be necessary for the applicant to amalgamate the lot line between Lot A and Lot 5 into one 0.13ha (0.33ac) lot to ensure that the new lot lines are consistent with the CD zone and can then be subdivided to match the proposed site areas for Phase 1 and Phase 2. Locator Map: Site OCP Designation: The parcels are designated Village Commercial (VC) in the Official Community Plan (OCP) and the policies of the OCP provide for a wide variety of housing forms in Snug Cove. Report to Council : Bylaw No. 367, 2 nd reading Page 3 of 9 Date: January 26 th 2015

4 Policy 359, states that all new development of three or more units requiring a rezoning will provide 15% of the gross floor area as affordable housing, defined 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. Alternately, the applicant can choose to make an equivalent financial contribution to a designated municipal affordable housing reserve/trust fund. This policy requires that the owner enters into a housing agreement with BIM prior to rezoning or make an equivalent financial contribution. This is a density eligible area. The property s Village Commercial designation provides for the residential uses. Village DPA: The parcels are within the Village Revitalization Development Permit Area (DPA) designated in the OCP for form and character of the proposed development. The applicant has submitted a development permit application for all phases of the development. The guidelines for siting and massing state that new buildings should not be more than 2.5 storeys. Current Zoning: The site is currently split into 2 zones: Lot 5 is zoned Village Commercial VC1, which allows retail, general services, office, restaurant, dwelling, assembly, indoor recreation facility, outdoor entertainment facility, and cottage industry as principle uses. Lot A is zoned Village Commercial VC1 (a) which allows all the principle uses permitted in the VC1 zone plus pub use. The maximum lot coverage of all buildings and structures is 75% of the lot area. The maximum Floor Space Ratio (FSR) is 1.6 times the site area. The maximum height is 9 metres. The interior east side setback is 1.5 metres and the setback adjacent to Dorman Rd is 1.5 metres. The minimum lot area for individual lots served by community water is 370 m² (0.04 ha). Part 5, LUB, Parking Requirements: One off-street parking space is required per 40 m² floor area for general service, retail, office, restaurant, pub, cottage industry, indoor entrainment /recreation facility and zero off-street parking spaces required for home occupation use. Validation for Requested Rezoning: The zoning amendments to VC1 and VC1 (a) to create the CD-20 zone will allow for: Additional commercial and up to 12 residential units on the combined lots; Up to 15 % of the gross area for employee affordable housing for staff. Increasing cove residential year-round spaces; Report to Council : Bylaw No. 367, 2 nd reading Page 4 of 9 Date: January 26 th 2015

5 The pub to be allowed across both lots A and 5; The applicant is to supply all of his parking needs onsite, at a reduced calculation of 1 parking stall for every 60m2 floor area; and Mitigation of the challenges of developing on a site with sever grade changes. The requested zoning amendments to a CD-20 zone creates changes to the VC1 and VC1 (a) bylaw. These changes are: 1. Height on Trunk road from 9m to 11m 2. The height 20m back from Trunk Road from 9m to 13 m 3. The parking from the current one space per 40 m 2 to one space per 60 m² floor area for commercial and pub areas, excluding storage space, (The applicant is still supplying 1 parking stall on site, for every residential unit, as per the current bylaw). 4. A maximum and increase in the number of units allowed on the site, to 12 units. New Zoning changes from VC1 and VC1 (a) to CD-20, in Detail: The majority of the CD-20 zoning requirements are the same as the VC-1 and VC1 (a) zone. The following explains in detail the changes and reasoning for the changes to the zone. Height: The height has been increased in the CD-20 zone to allow adequate space for onsite parking and additional residential and commercial units. The site has extremely varied grade with a steep incline towards the back of the property. To accommodate the grade challenge and allow for adequate space for the extra units and commercial, the height in the CD-20 zone has been proposed to: increase from the VC 1, 9m, to a maximum of 11m on the Bowen Trunk Road; to increase to 13m from 20m behind Bowen Trunk Road. Both the 11m and 13m maximum building height are measured from the lower of average natural or filled grade. Accessory building height has been identified as a maximum of 4m in the CD-20 zone and is not clarified in the VC 1 or 1 (a) zones. Report to Council : Bylaw No. 367, 2 nd reading Page 5 of 9 Date: January 26 th 2015

6 (Concept drawing of the proposed development using the CD-20 zoning changes, and showing both the human scale and height changes from Bowen Trunk road to Davies Lane). Residential Units: A maximum of 12 residential units, which include the staff housing has been identified in the new zone. The previous zones had no stipulation. The increase in allowable units on this site was to support the OCP Snug Cove Residential initiatives to increase residential development in the Cove and enhance affordable year-round living opportunities, in an effort to activate the Village in the evening and winter months, as well as the daytime and summer months. Setbacks The setbacks in the CD-20 zone were changed to align and match the adjacent property sidewalk standards that better support both the Snug Cove Design guidelines and the Village DPA guidelines. The previous 0 setback for exterior lot lines has been increased to 2m in the CD-20 zone, to ensure the continued improved sidewalk treatment in the Cove. As a result of this decision and due to previous precedents in the Cove, the interior lot line has been decreased from 1.5m to 0. Parking Zoning Changes It is proposed that the parking standard be reduced from the current one space per 40 m 2 to one space per 60 m² floor area for general service, retail, office, restaurant, pub, cottage industry, Report to Council : Bylaw No. 367, 2 nd reading Page 6 of 9 Date: January 26 th 2015

7 assembly, indoor entrainment /recreation facility and zero off-street parking spaces required for home occupation use. One space per dwelling is required in per dwelling unit in Village and CD zones and will remain the same. The Land Use Bylaw provides for one bike rack to replace one space for each 20 required spaces, the applicant may utilize this option if he does not have adequate space for his parking requirement. Servicing: The parcels are within the Cove Bay Water System and the Snug Cove Sewer Collection Area. Phasing: As noted, the applicant advises development would proceed in two phases: DISCUSSION: Phase One: located at the intersection of Bowen Island Trunk Rd and Dorman Road, would be the first phase and include commercial floor area on the ground floor, a new pub on the middle level and a minimum of three affordable staff dwelling units on the top floor. It is the applicant s intent to operate the Pub and associated uses while phase-one is constructed. Upon occupancy of phase-one, the current pub building would be demolished and the site surfaced and used for a temporary parking solution to satisfy the parking requirements of the Land Use Bylaw. Phase Two: located on Dorman Rd. at the intersection of Davies Road is the second phase and would include parking, commercial floor area opening onto Dorman Rd. and residential dwelling units on the second and third floors. Combined, the phase-one and phase-two developments, will be allowed a maximum of 12 residential and staff units, which will be calculated to determine the 15% of gross floor area for affordable housing requirement. The final design and floor area ratios for the parking, pub, commercial and residential, will be determined through the Development Permit process, and will include additional community consultation and review through the Design Panel, to ensure it meets with the Snug Cove design guidelines. The applicant hopes to have second reading approved and to move towards Public Hearing by the last week of February. The applicant would like to attain 3 reading before the end of March Report to Council : Bylaw No. 367, 2 nd reading Page 7 of 9 Date: January 26 th 2015

8 Prior to consideration of the adoption of Bylaw No. 367, 2014 a number matters would have to be resolved. Should Council hold the public hearing and give third reading to this Bylaw, the applicant has been advised and is in the progress of completing the following: 1. Lot Line Consolidated and then Subdivided into the two new lots as depicted in the concept designs: The applicant will be required to consolidate Lot 5 and Lot A prior to the CD 20 zone being approved. After re-zoning approval, the applicant can submit for a subdivision application, at the same time as they complete the development permit for the Village DPA. 2. Service Agreement: The applicant will be required to enter into a bonded Development Service Agreement to carry out all required off-site works as set out in this report. This is to include Within 30 days of the completion of demolition, up to the development of Phase 2, the Phase 2 area is to be surfaced for a temporary parking lot with access from Davies Road. 3. Phasing Agreement: The applicant will be required to enter into a phasing agreement ensuring the demolition of the existing pub building to begin within 30 days and be complete within 90 days of the occupancy of the new Pub and ensures any works through the service agreement are done up front and in Phase-one. The Phasing agreement needs to yet be developed with Public works. 4. Bond: The municipality may consider a covenant on the title of the property confirming that the necessary, bonded agreement(s) will be in place prior to the municipality receiving a building permit application for any work on the property. The bond agreement needs to yet be developed with Public Works. 5. Housing Agreement: As noted in this report, the applicant intends to construct three dwelling units over the Pub in Phase-one of the development as rental and or staff dwelling units ensuring the entire OCP Policy 359, 15% affordable housing requirements for both phase 1 and phase 2 are addressed in the Phase-one development. The applicant will be required to enter into such a housing agreement with the municipality prior to the adoption of the bylaw. 6. Fire Risk Assessment: The applicant will be asked to continue working with the Fire Chief to determine the most appropriate measures to be undertaken based on consideration of the Fire Risk Assessment Report to Council : Bylaw No. 367, 2 nd reading Page 8 of 9 Date: January 26 th 2015

9 report. A final decision and approval by the Fire Chief would be required prior to the approval of the Development Permit, but is no a requirement of the zoning approval CONCLUSION: The applicant s rezoning application is within the Village Development Permit Area. As such the development needs to follow both the Snug Cove Design Guidelines and the Village Development Permit Area Guidelines. The applicant to move towards Public Hearing by the last week of February, if there are no further changes and pending Council approval. The applicant further hopes to attain 3rd reading before the end of March, realizing that but final approval may be conditional upon completion of any final works or agreements with Public Works, Planning or the Fire department. (As listed above in sections 1-6) The Development Permit (DP) for this site has already been submitted by the applicant and the DP process has begun. The applicant has been advised that once the zoning has been approved staff can quickly proceed with the subdivision while simultaneously completing the requirements of the Development Permit. If all rezoning, subdivision and development permit conditions are met in a timely manner and Council approvals achieved, it is feasible that the applicant could begin Phase-one works during summer OPTIONS: Council has the following options available: 1. That Council proceed with recommendations as outlined at the beginning of this staff report 2. That Council not proceed with second reading of Bylaw No. 367, Other options as determined by Council SUBMITTED BY: REVIEWED/APPROVED BY: DEPARTMENTAL REVIEW: Bylaw Services Fire & Emergency Planning Public Library Public Works Recreation & Community Services Finance Administration Cari St. Pierre, Senior Planner Senior Planner Kathy Lalonde Chief Administrative Officer Report to Council : Bylaw No. 367, 2 nd reading Page 9 of 9 Date: January 26 th 2015

10 APPENDIX A: Bylaw No. 367, 2014 Cited As Bowen Island Municipality Land Use Bylaw No.57, 2002 Amendment Bylaw No. 367, 2014 Held At The Regular Council Meeting, July 28, 2014, To Be Rescinded.

11 BOWEN ISLAND MUNICIPALITY BYLAW NO. 367, 2014 A Bylaw to amend Land Use Bylaw No. 57, 2002 WHEREAS, Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land within the municipality, and minimum and average lot size areas for the purpose of new subdivisions; and WHEREAS, Council wishes to amend Bowen Island Land Use Bylaw No. 57, 2002 to enable the mixed use commercial and residential redevelopment of the southeast intersection of Bowen Island Trunk Road and Dorman Road: 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 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Bowen Island Municipality Land Use Bylaw No. 57, 2002 is amended by adding Section 4.31 to the bylaw as follows: 4.31 COMPREHENSIVE DEVELOPMENT 20 (CD 20) ZONE (BOWEN INVESTMENTS LTD.) Information Note: The purpose of the CD 20 Zone is to provide regulations based on the Village Commercial 1 and the Village Commercial 1 (a) zones, which permit a mix of commercial uses including a pub, as well as residential uses at the intersection of Bowen Island Trunk Road and Dorman Road within the Snug Cove Village. The regulations in the tables in this Section apply to land in the Comprehensive Development 20 (CD 20), as indicated by the column heading 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 20 (CD 20) Zone: Retail General services Principal Uses of Land, Buildings and Structures CD 20 1

12 CD 20 Office Restaurant Dwelling Assembly Indoor Entertainment Facility Indoor Recreation Facility Cottage Industry Pub Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Commercial Guest Accommodation Home Occupation use, subject to Part 3 Parking for another commercial use, subject to Subsection 5.10 Permitted Buildings and Structures Dwelling, attached Buildings and structures accessory to permitted uses Size, Siting and Density of Permitted Buildings and Structures (1) Subject to Part 3, uses, buildings and structures in the Comprehensive Development 20 (Bowen Island Investments Ltd.) zone must comply with the following regulations regarding size, siting and density. Lot Coverage CD 20 Maximum lot coverage of all buildings and structures 75% Floor Space Ratio Maximum floor space ratio (FSR) 1.6 Number of Dwelling Units Maximum number of dwelling units 12 Height Notwithstanding the provisions section 7.3 of this Bylaw, within 20 meters of Bowen Island Trunk Road the maximum height of a principal 2

13 building or structure shall be 11 metres or 3 storeys, whichever is the lesser Notwithstanding the provisions of section 7.3 of this Bylaw, greater than 20 metres from Bowen Island Trunk Road the maximum height of a principal building or structure shall be 13 metres or 4 storeys, whichever is the lesser Maximum height of an accessory building or structure (m) 4 Setbacks Minimum setback from rear, front and interior side lot lines (m) 0 Minimum setback from exterior side lot line (m) 2 Conditions of Use No dwelling unit or building shall be occupied unless it is connected to a community water system and a community sewer system Maximum number of pub establishments 1 In addition to the signs permitted in Section 3.42, one free-standing sign with a total area not exceeding 2m² which may include community notices is permitted Garbage and recycling areas shall be enclosed or screened from view of adjacent uses using a landscape screen Retail, general services, office, restaurant, pub, cottage industry, indoor entertainment facility, or indoor recreation facility are the only uses permitted on ground floors accessible off of Bowen Island Trunk Road and Dorman Road Subdivision and Servicing Requirements (1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the CD 20 zone. Lot Areas for the Creation of New Lots through Subdivision Minimum lot area (m²) for individual lots served by community water system and a community sewage system CD Off Street Parking Requirements (1) Off-street parking shall be provided in accordance with the part of this bylaw that pertains to off street parking requirements. 3

14 3. Bowen Island Municipality Land Use Bylaw No. 57, 2002 is further amended by adding the following parking regulations into Table 5-1 within Part 5- Parking Regulations: HOME OCCUPATION CD 20 0 All Zones CD 20 CD 20 CD 20 CD 20 COMMERICAL GUEST ACCOMMODATION 1 per guest dwelling unit GENERAL SERVICE, RETAIL, OFFICE, RESTRAUNT, PUB 1 per 60m2 floor area COTTAGE INDUSTRY 1 per 60m2 floor area CHURCH, COMMUNITY HALL, ASSEMBLY 1 per 60m2 floor area INDOOR ENTERTAINMENT/RECREATION FACILITY 1 per 60m2 floor area 4. Bowen Island Municipality Land Use Bylaw No. 57, 2002 is further amended by amending Schedule B- Land Use Map to rezone the lands outlined in heavy black outline and cross-hatched on Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Schedule A from Village Commercial 1 (VC 1) zone and Village Commercial 1 (a) (VC 1(a)) zone to Comprehensive Development 20 (CD 20) zone. (1) That the map schedule appended hereto designated as Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Schedule A showing such amendment is an integral part of this Bylaw. READ A FIRST TIME this 26 th day of May, 2014; RE READ A FIRST TIME this 28 th day of July, 2014; READ A SECOND TIME this 28 th day of July, 2014; RE READ A SECOND TIME this 28 th day of July, 2014; PUBLIC HEARING this day of, 2014; READ A THIRD TIME this day of _, 2014; FINALLY ADOPTED this day of _, Jack Adelaar Mayor Lisa Wrinch Deputy Corporate Officer 4

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16 Appendix B: Bylaw No.367, 2014 Cited As Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014, Be Read A Second Time

17 BOWEN ISLAND MUNICIPALITY BYLAW NO. 367, 2014 A Bylaw to amend Land Use Bylaw No. 57, 2002 WHEREAS, Bowen Island Land Use Bylaw No. 57, 2002 establishes zoning classifications and regulations for land within the municipality, and minimum and average lot size areas for the purpose of new subdivisions; and WHEREAS, Council wishes to amend Bowen Island Land Use Bylaw No. 57, 2002 to enable the mixed use commercial and residential redevelopment of the southeast intersection of Bowen Island Trunk Road and Dorman Road: 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 Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Bowen Island Municipality Land Use Bylaw No. 57, 2002 is amended by adding Section 4.31 to the bylaw as follows: 4.31 COMPREHENSIVE DEVELOPMENT 20 (CD 20) ZONE (BOWEN INVESTMENTS LTD.) Information Note: The purpose of the CD-20 Zone is to provide regulations based on the Village Commercial 1 and the Village Commercial 1 (a) zones, which permit a mix of commercial uses including a pub, as well as residential uses at the intersection of Bowen Island Trunk Road and Dorman Road within the Snug Cove Village. The regulations in the tables in this Section apply to land in the Comprehensive Development 20 (CD 20), as indicated by the column heading 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 20 (CD-20) Zone: Retail General services Principal Uses of Land, Buildings and Structures CD 20

18 CD 20 Office Restaurant Dwelling Assembly Indoor Entertainment Facility Indoor Recreation Facility Cottage Industry Pub Accessory Uses of Land, Buildings and Structures Uses accessory to principal uses Commercial Guest Accommodation Home Occupation use, subject to Part 3 Parking for another commercial use, subject to Subsection 5.10 Maximum height of 4m for an accessory building Permitted Buildings and Structures Dwelling, attached Buildings and structures accessory to permitted uses Size, Siting and Density of Permitted Buildings and Structures (1) Subject to Part 3, uses, buildings and structures in the Comprehensive Development 20 (Bowen Island Investments Ltd.) zone must comply with the following regulations regarding size, siting and density. Lot Coverage CD 20 Maximum lot coverage of all buildings and structures 75%

19 Floor Space Ratio Maximum floor space ratio (FSR) 1.6 Number of Dwelling Units Maximum number of dwelling units 12 Height Within 20 meters of Bowen Island Trunk Road the maximum height of a principle building or structure (m) from the lower of average natural or finished grade. Greater than 20 metres from Bowen Island Trunk Road the maximum height of a principle building or structure (m) from the lower of average natural or finished grade. Maximum height of an accessory building or structure (m) 4 Setbacks Minimum setback from the interior side lot lines (m) 0 Minimum setback from all exterior lot lines (m), including front and back 2 Conditions of Use No dwelling unit or building shall be occupied unless it is connected to a community water system and a community sewer system Maximum number of pub establishments 1 One free-standing sign with a total area not exceeding 2m² which may include community notices is permitted, in addition to signs permitted in section Garbage and recycling areas shall be enclosed or screened from view of adjacent uses using a landscape screen Retail, general services, office, restaurant, pub, cottage industry, indoor entertainment facility, or indoor recreation facility are the only uses permitted on ground floors accessible off of Bowen Island Trunk Road and Dorman Road 11 13

20 Subdivision and Servicing Requirements (1) The regulations in this Subsection apply to the subdivision of land under the Land Title Act or the Strata Property Act for the CD 20 zone. Lot Areas for the Creation of New Lots through Subdivision Minimum lot area (m²) for individual lots served by community water system and a community sewage system CD Off-Street Parking Requirements (1) Off-street parking shall be provided in accordance with the part of this bylaw that pertains to off street parking requirements. 3. Bowen Island Municipality Land Use Bylaw No. 57, 2002 is further amended by adding the following parking regulations into Table 5-1 within Part 5- Parking Regulations: HOME OCCUPATION CD 20 0 All Zones CD 20 CD 20 CD 20 CD 20 COMMERICAL GUEST ACCOMMODATION 1 per dwelling and guest unit GENERAL SERVICE, RETAIL, OFFICE, RESTRAUNT, PUB 1 per 60m2 floor area COTTAGE INDUSTRY 1 per 60m2 floor area CHURCH, COMMUNITY HALL, ASSEMBLY 1 per 60m2 floor area INDOOR ENTERTAINMENT/RECREATION FACILITY 1 per 60m2 floor area 4. Bowen Island Municipality Land Use Bylaw No. 57, 2002 is further amended by amending Schedule B- Land Use Map to rezone the lands outlined in heavy black outline and cross-hatched on Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Schedule A from Village Commercial 1 (VC 1) zone and Village Commercial 1 (a) (VC 1(a)) zone to Comprehensive Development 20 (CD 20) zone.

21 (1) That the map schedule appended hereto designated as Bowen Island Municipality Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, Schedule A showing such amendment is an integral part of this Bylaw. READ A FIRST TIME this 26 th day of May, 2014; RE READ A FIRST TIME this 28 th day of July, 2014; READ A SECOND TIME this 28 th day of July, 2014; RE READ A SECOND TIME this 28 th day of July, 2014; PUBLIC HEARING held this 30 th day of September, 2014; SECOND READING RESCINDED this day of ; PUBLIC HEARING held this day of ; READ A THIRD TIME this day of ; FINALLY ADOPTED this day of Murray Skeels Mayor Lisa Wrinch Deputy Corporate Officer

22 Bowen Island Municipality Land Use Bylaw No. 57, 2002 Amendment Bylaw No. 367, 2014 Schedule A Subject Lands: Lot A and Lot 5, Block A, District Lot 777, Plan 5523 (PID & ) Parcel Boundary LEGEND Zoning From: Village Commercial, VC1 & VC1 (a) To: Comprehensive Development 20, CD-20

23 Appendix C: New Pub Development Concept Design With Human Scale and Height Perspectives, (Dec 17 th Version)

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32 APPENDIX D Pub Rezoning, Detailed Backgrounder

33 Appendix D Pub Rezoning, Detailed Backgrounder

34 Proposal History: The original application for rezoning of lot A and lot 5 was submitted to staff on February 14 th 2014 and went to first reading on May 21st The file had been overseen by the Community Planner, Annie Dempster. As part of preparation for second reading, the application was referred for comments to: Vancouver Coastal Health; Islands Trust; Economic Development Committee; Advisory Planning Committee; Advisory Design Committee; The Building Inspector; The Fire Chief; and Public Works. All referrals where done prior to the July 28 th 2014 second reading, using the May 21 st 2014 first reading. The rezoning went before the previous Council for second reading on July 28 rd, with changes to the Bylaw that the applicant was not aware of, and had not agreed to. The main change was a reference to 13m height or 4-storeys. The applicant had not request 4-storeys as part of the zoning amendment. Soon after second reading, the community planner working on this file left the Municipality. The application was then transferred to the BIM s part-time Planning consultant, Judy McLeod to prepare for Public Hearing with a list of conditions to be completed before approval. The conditions included: 1. Completing the housing agreement 2. Completing the service agreement with public works 3. Having an updated survey completed identifying grades. 4. Consolidating the Lot 5 and Lot A into one CD lot. The applicant has been working towards completion of these conditions. At the Public Hearing Council advised the applicant to conduct an Open House to ensure that there was adequate public input for this application given the importance of the pub to the community and the central location this rezoning holds in the Snug Cove Village DPA. Given the number changes and delays that had occurred on this file, the applicant requested that the new Senior Planner take over the file in October In keeping with the previous Council s direction, the applicant and staff began updating application materials for an Open House, which was scheduled for November.

35 November 2014 was Municipal election period, causing the application further delays and challenges due to the inability during elections to go to third reading with a project of this magnitude and importance to the community. The new Mayor and Council were faced with the unique situation of an application that had already gone to Public Hearing coming before them. Under the LGA Public Hearing regulations, this limited what the new Council knew or could ask about the application. Staff feels the applicant has faced unique and significant challenges in moving their application forward, which are not normally experienced for a rezoning of this type. As such, staff has offered additional staff resources to help expedite the process from this point forward and hopes to move from Second Reading to Public Hearing in quick succession. Referral Responses: The proposal was referred to Municipal departments and the Vancouver Costal Health Authority (VCH) for preliminary comments and assessment prior to reporting to Council and those items have previously been reported to Council. As a follow-up to these initial responses: Comments from Vancouver Coastal Health, the Building Inspector and the Bylaw Officer have been forward to the applicant for their use in the more detailed design of the development. VCH has noted that based on the mix of uses, consideration should be given to potential noise impacts to building residents, and ventilation should be located to minimize impact. Fire Chief: The Fire Chief commented on the need for a fire suppression sprinkler system. The applicant had been asked to submit a report by an accredited fire risk agency, as agreed by the Fire Chief, that reviewed the proposed development in the context of the municipal fire and rescue resources. The report was required to address the specific issues raised by the Fire Chief. Based on Council s consideration of this matter in the context of other applications in Snug Cove, Bowen Island Municipality has retained the services of Fire Underwriters Survey Services to provide an expert opinion regarding this property and Lot 2 of the Community Lands. The Fire Underwriter s report is attached and is discussed later in this report. Fire Risk Assessment: A Fire Risk Assessment for the Community Lands Lot 2 and for the Bowen Pub proposal was completed by Fire Underwriters Survey and was submitted on July 18, The components of the report referring to this rezoning proposal are attached as Attachment 4 to this report.

36 It was noted that this was not a comprehensive review, but the consultant has recently provided a Fire Underwriters Survey and has knowledge of Bowen Island s capacities and resources. The consultant reviewed the proposed zoning as well as the proposed construction of the buildings in the two phases of construction, and assessed them to determine if they would result in required fire flows that exceeded the 2,900 gallons per minute threshold above which the fire insurance grade would be affected. It was determined, reviewing the buildings under various construction types and with and without being sprinklered, that neither the fire insurance grading nor the current risk profile of Bowen Island would be affected. Response times were considered reasonable. With regard to building heights, the addition of new buildings that would require ladder response will not affect the grading significantly if the number of buildings added is less than 10 and within 2.5 km of a responding fire hall. Measures to reduce fire risk, which may exceed Building Code requirements were recommended, including wired and battery smoke detectors, twice yearly fire prevention inspections, portable fire extinguishers on each floor and posed safety plans. As well, the fire department should be equipped with an increased compliment of ground latters, and a full assortment of ground ladders and extensions was recommended. Further recommendations include the development of policies of informed risk acceptance so that affected parties understand the level of risk that exists and potential consequences, and that the community consider requiring developers to provide a reasonable level of protection. Public Works: Subsequent to their preliminary comments, Public Works staff have provided further comments dated July 7, Updated comments have been based on further discussions with the applicant and Planning Staff. The requirements of this proposal as set out in the Public Works comments, requires a Development Agreement be completed with the applicant as a condition of the zoning approval. The Development Agreement is to include the following: 1. Requirement for a lot line consolidation; 2. A bonded Servicing Agreement with the Municipality that sets out the requirement for off-site civil works that the applicant is required to provide including sidewalks, curb and gutter, off-site parking spaces along Dorman Road, driveway access; 3. Phasing agreement. The following will be a condition of the Development Permit Approval: 1. A demolition and temporary construction schedule requiring demolition of the existing Pub building begin within 30 days and be complete within 90 days of the

37 occupancy of the new Pub. Within 30 days of the completion of demolition, up to the development of Phase 2, the Phase 2 area is to be surfaced for a temporary parking lot with access from Davies Road. 2. As per previous comments, water supply is to be from the 150mm diameter supply line under Dorman Road, and sewage disposal would need to be pumped to the Snug Cove sanitary sewer system also under Dorman Road, with all costs the responsibility of the applicant. A stormwater management plan and sediment control and grading plan would be required. The servicing and phasing agreements will have to be finalized prior to final approval of the Development Permit and/or restrictive covenants requiring such works will have to be in place. The application was referred to the municipal committees and departments and to the Islands Trust on May 28, The following is a summary of comments received. Islands Trust: In their letter dated July 3, 2014 the Islands Trust has advised that the Executive Committee advise that Bowen Island Land Use Bylaw No. 57, 2002, Amendment Bylaw No. 367, 2014 is not contrary or at variance to the Islands Trust Policy Statement. The accompanying Islands Trust Staff report notes that staff has assessed this proposal in the context of the policies of the Official Community Plan, including polices for Snug Cove and policies relating to density re-allocation. The Island Trust concluded, that the zoning proposal will not exceed the total number of primary dwelling units that was anticipated in the 1996 OCP and that there will be no inconsistencies between Bylaw 367 and the Bowen Island Municipality OCP. Advisory Planning Commission: The Advisory Planning Commission considered this application at its meeting of June 9, 2014 and discussed the phasing of the development, the plans and required lot line adjustment, the context and that the plans are similar to what is existing. The APC resolved as follows: That the Advisory Planning Commission support the proposal for the rezoning of the Bowen Island Pub site, as presented. Advisory Design Panel: At its meeting of June 16, 2014 the Advisory Design Panel reviewed preliminary concept drawings associated with this rezoning application, and resolved as follows: That the Advisory Design Panel support the preliminary design of the Bowen Pub Rezoning and look forward to reviewing the conceptual design at the Development Permit Stage. Economic Development Committee:

38 The Economic Development Committee considered this application at its meeting of June 13, 2014 and resolved as follows: That the Economic Development Committee support he Bowen Island Pub Rezoning Application as it positively aligns with the criteria outlined in the Policy for Considering Applications in Terms of Economic Development for the Bowen Island Municipality.