NOTICE OF REGULAR MEETING ELECTORAL AREA COMMITTEE 8:30 a.m. Thursday, June 7, 2012 City of Pitt Meadows 12007 Harris Road Pitt Meadows, B.C A G E N D A R E V I S E D 1. ADOPTION OF THE AGENDA 1.1 June 7, 2012 Regular Meeting Agenda That the Electoral Area Committee adopt the agenda for its regular meeting scheduled for June 7, 2012 as circulated. 2. ADOPTION OF THE MINUTES 2.1 April 5, 2012 Regular Meeting Minutes That the Electoral Area Committee adopt the minutes of its regular meeting held April 5, 2012 as circulated. 3. DELEGATIONS No items presented. 4. INVITED PRESENTATIONS No items presented. 5. REPORTS FROM COMMITTEE OR STAFF 5.1 UBC Liquor Licence Application Extension of hours at the Gallery Lounge Designated Speaker: Jason Smith, Regional Planner Metropolitan Planning, Environment and Parks Department Recommendation: That the Board support the application by the UBC Alma Mater Society to change the opening hours of operation at the Gallery Lounge to 9:00 a.m., two hours earlier than the current opening time of 11:00 a.m. 5.2 Repeal of Greater Vancouver Regional District Bylaw No. 47, 1972 Designated Speaker: Jason Smith, Regional Planner Metropolitan Planning, Environment and Parks Department Recommendation: That the Board repeal Greater Vancouver Regional District Bylaw No. 47, 1972. May 31, 2012 EA - 1 -
5.3 Bylaw Contravention Notice on Property Title Nilsson Roll # 743.10047.079 Designated Speaker: Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Recommendation: That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of Greater Vancouver Regional District Building Bylaw No. 1043, 2006: Block C, District Lot 7059, Group 1 NWD, Indian Arm (Roll # 743.10047.079). 5.4 Bylaw Contravention Notice on Property Title Reith Roll # 743.10047.163 Designated Speaker: Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Recommendation: That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of GVRD Building Bylaw No. 1043, 2006: District Lot 7065, Group 1, Indian Arm; roll #743.10047.163. 5.5 Barnston Island Background Report Designated Speaker: Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Recommendation: That the Electoral Area Committee receive for information the report dated May 2, 2012, titled Barnston Island Background Report. 5.6 Manager s Report Designated Speaker: Gaëtan Royer, Manager Metropolitan Planning, Environment and Parks Department Recommendation: That the Electoral Area Committee receive for information the report dated May 21, 2012, titled Manager s Report. Revised 6. INFORMATION ITEMS - Provided on table 6.1 Annexation Impact Study Funding Request Correspondence dated May 16, 2012 from Patrick Nicol, Board Chair, Regional District of North Okanagan addressed to Greg Moore, Board Chair, Metro Vancouver. 6.2 Annexation Impact Study Correspondence dated May 10, 2012 from Randy Murray, Board Chair, Thompson-Nicola Regional District addressed to Board of Directors, North Okanagan Regional District. 7. OTHER BUSINESS No items presented. 8. RESOLUTION TO CLOSE MEETING No items presented. 9. ADJOURNMENT/TERMINATION That the Electoral Area Committee conclude its regular meeting of June 7, 2012. EA - 2 -
2.1 GREATER VANCOUVER REGIONAL DISTRICT ELECTORAL AREA COMMITTEE Minutes of the Regular Meeting of the Greater Vancouver Regional District (GVRD) Electoral Area Committee held at 9:05 AM on Thursday, April 05, 2012 in the 2nd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia. PRESENT: Chair, Director Maria Harris, Electoral Area A Director Brenda Broughton, Lions Bay Director Heather Deal, Vancouver (arrived at 9:07 a.m.) Director Mae Reid, Coquitlam Director Deb Walters, Pitt Meadows ABSENT: Vice Chair, Director Tim Stevenson, Vancouver Director Marvin Hunt, Surrey STAFF: Jim Rusnak, Interim Deputy Commissioner/Interim Deputy Chief Administrative Officer, Chief Administrative Officer s Department Christina DeMarco, Regional Development Division Manager, Metropolitan Planning, Environment and Parks Department Klara Kutakova, Assistant to Regional Committees, Board Secretariat and Corporate Information Department ADOPTION OF THE AGENDA 1. ADOPTION OF THE AGENDA 1.1. April 5, 2012 Regular Meeting Agenda It was MOVED and SECONDED That the Electoral Area Committee: a) amend the agenda for its regular meeting scheduled for April 5, 2012 as follows: i. by adding item 5.6 Regional District of North Okanagan - Annexation Impact Study Funding Request; ii. by withdrawing item 6.2 Continuing the Dialogue on UBC Governance Issues; iii. by adding item 7.1 Adventure West Services Application; and b) adopt the agenda as amended. CARRIED ADOPTION OF THE MINUTES 2. ADOPTION OF THE MINUTES 2.1. February 9, 2012 Regular Meeting Minutes 9:07 a.m. Director Deal arrived at the meeting. Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 1 of 6 EA - 3 -
It was MOVED and SECONDED That the Electoral Area Committee adopt the minutes of its regular meeting held February 9, 2012 as circulated. CARRIED DELEGATIONS 3. DELEGATIONS No items presented. INVITED PRESENTATIONS 4. INVITED PRESENTATIONS No items presented. REPORTS FROM COMMITTEE OR STAFF 5. REPORTS FROM COMMITTEE OR STAFF 5.1. Appointment of the Electoral Area Advisory Planning Commission Members Report dated March 13, 2012 from Tom Pearce, Regional Planner, Metropolitan Planning, Environment and Parks Department, seeking appointment of Electoral Area Advisory Planning Commission (APC) members for a two-year term starting May 2012. Members were briefed about challenges surrounding the appointment of a Bowyer Island representative. The APC bylaw stipulates that members of the Commission shall be residents or owners of property within the portion of Electoral Area A. Only one person is eligible as a resident and the unique corporate ownership structure of the lands on Bowyer Island prevents individual share owners to hold the office. Discussion ensued on other means of representation from Bowyer Island. The Committee proposed that the Bowyer Island resident and share owners be invited to appoint a representative, who would be eligible to participate in discussions but not to vote. Request of Staff Staff was requested to send a letter to the Bowyer Island resident and share owners, inviting them to appoint a non-voting member to the Electoral Area Advisory Planning Commission. It was MOVED and SECONDED That the Board: a) appoint the following persons as members of the Electoral Area Advisory Planning Commission for the 2012-2014 term: John Lee representing Montizambert Wynd Jane Maisonville-Phillips representing Ocean Point John Russell representing Barnston Island Elmer Froese representing Upper Indian Arm Kelly Petersen representing Pitt Lake Jim Huffman representing Passage Island Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 2 of 6 EA - 4 -
b) request the Chair to write to the previous members of the Advisory Planning Commission thanking them for their work. CARRIED 5.2. Greater Vancouver Regional District Electoral Area A Board of Variance Amending Bylaw No. 1166, 2012 Report dated March 7, 2012 from Tom Pearce, Regional Planner, Metropolitan Planning, Environment and Parks Department, seeking amendment to the Greater Vancouver Regional District Electoral Area A Board of Variance Bylaw No. 1102, 2008. It was MOVED and SECONDED That the Board: a) introduce and give first, second and third reading to Greater Vancouver Regional District Electoral Area A Board of Variance Amending Bylaw No. 1166, 2012 ; and b) reconsider, pass and finally adopt Greater Vancouver Regional District Electoral Area A Board of Variance Amending Bylaw No. 1166, 2012. CARRIED 5.3. Electoral Area A Website Update Report dated March 13, 2012 from Tom Pearce, Regional Planner, Metropolitan Planning, Environment and Parks Department, reporting back on a request made by the Electoral Area Committee to improve communication resources available on the Electoral Area A website. Tom Pearce, Regional Planner, presented the Electoral Area A website updates. Presentation material is retained with the April 5, 2012 Electoral Area Committee agenda. Members suggested the following regarding the website: replace the existing three subheadings with a subheading for each Electoral Area A community (create a page for each Electoral Area A community with a community and service profile) provide a link to recent Committee and Board decisions pertaining to Electoral Area A It was MOVED and SECONDED That the Electoral Area Committee receive for information the report dated March 13, 2012, titled Electoral Area A Website Update and direct staff to update the Electoral Area A website as suggested by the Committee at its April 5, 2012 meeting. CARRIED 5.4. Manager's Report Report dated March 13, 2012 from Christina DeMarco, Regional Development Division Manager, Metropolitan Planning, Environment and Parks Department, providing an update on the Committee s workplan and informing about the following: Barnston Island Diking District Annual General Meeting Say Nuth Khaw Yum Heritage Park/Indian Arm Provincial Park Greater Vancouver Water District Services to University Endowment Lands Regarding the Barnston Island Diking District, members were informed that a response was not yet received from the Province regarding their involvement in the diking district technical studies. Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 3 of 6 EA - 5 -
Request of Staff Staff was requested to follow up with the Province regarding their involvement in the diking district technical study. Members considered what role should Metro Vancouver take to support farming and the farming community on Barnston Island. The Committee emphasized the importance of gaining a comprehensive understanding of the issue prior to meeting with the residents. It was also reiterated that the discussion should be focused on rebuilding of a vibrant farming community on Barnston Island and Metro Vancouver s role in regards to the regional park. Request of Staff Staff was requested to invite the Electoral Area A Director to future meetings with Electoral Area A community groups. Discussion ensued on the rationale for the 20% mark up for water supplied to University Endowment Lands residents. The Committee agreed to maintain the status quo until after the UBC/UEL governance review is concluded. Request of Staff Staff was requested to report back to the Committee on financial implications of the UEL water rate changes for the region and refer the information to the governance review. It was MOVED and SECONDED That the Electoral Area Committee receive for information the report dated March 13, 2012, titled Manager s Report. CARRIED 5.5. Final Readings and Adoption of Electoral Area A Zoning Bylaw No. 1144, 2011 Report dated March 30, 2012 from Jason Smith, Regional Planner, Metropolitan Planning, Environment and Parks Department, informing of the outcome of the public hearing, proposing minor changes to the proposed Electoral Area A Zoning Bylaw, and recommending final readings and adoption of the bylaw. It was MOVED and SECONDED That the Board: a) Amend Greater Vancouver Regional District Electoral Area A Zoning Bylaw No. 1144, 2011 by: i. Changing the heading of section 213 from Setbacks from Non-Tidal Waters to Setbacks from Non-Tidal Waters (including Pitt Lake) ; ii. Replacing, in section 215, the reference to Section 302(a) with Section 302 ; iii. Replacing Map 10 Montizambert Wynd with the corrected version included as Attachment 2; b) Give third reading, as amended, to Greater Vancouver Regional District Electoral Area A Zoning Bylaw No. 1144, 2011; and c) Reconsider, pass and finally adopt Greater Vancouver Regional District Electoral Area A Zoning Bylaw No. 1144, 2011. CARRIED 5.6. Regional District of North Okanagan - Annexation Impact Study Funding Request On-table correspondence dated March 12, 2012 from Patrick Nicol, Board Chair, Regional District of North Okanagan, to Greg Moore, Chair, Metro Vancouver Board, seeking a contribution of $900 toward a study on the cumulative impacts of annexations on electoral areas. Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 4 of 6 EA - 6 -
Main Motion It was MOVED and SECONDED That the Electoral Area Committee support the request from the Regional District of North Okanagan for funding for the annexation study in the amount of $900, which will be funded from the existing Electoral Area budget. Amendment to the Main Motion It was MOVED and SECONDED That the Electoral Area Committee forward the consideration of the funding for the annexation study in the amount of $900 to the Board and direct staff to provide the Board with additional information on benefits to Metro Vancouver and sources of funding. DEFEATED In response to inquiries, members were informed that the study appears to have limited value to the Electoral Area A and would not have any implications to other Metro Vancouver departments. Question on the Main Motion as Amended Question was called on the Main Motion as amended and it was DEFEATED Request of Staff Staff was requested to forward the letter to the Board as an information item. INFORMATION ITEMS 6. INFORMATION ITEMS 6.1. Metro Vancouver - Electoral Area A Director, Membership on Mayors' Council on Regional Transportation Correspondence dated March 2, 2012 from Maria Harris, Director, Electoral Area A, to the Honourable Christy Clark, Premier of British Columbia, regarding membership of Metro Vancouver Electoral Area A Director on Mayors Council on Regional Transportation. 6.2. Continuing the Dialogue on UBC Governance Issues Pursuant to item 1.1 Adoption of the Agenda, this item was withdrawn. OTHER BUSINESS 7. OTHER BUSINESS 7.1 Adventure West Services Application Members were briefed about a letter received by Lions Bay from the Ministry of Forests Lands and Natural Resource Operations, advising Lions Bay of their intention to approve Adventure West Services Inc s application for a licence of occupation for the purposes of guided canopy tours. Concerns were expressed that the tenure is planned to be approved without addressing issues raised by Lions Bay. Concerns were expressed about a Montizambert Wynd road being closed by a filming crew without public signage. Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 5 of 6 EA - 7 -
RESOLUTION TO CLOSE MEETING 8. RESOLUTION TO CLOSE MEETING No items presented. ADJOURNMENT 9. ADJOURNMENT 9.1. April 5, 2012 Regular Meeting Adjournment It was MOVED and SECONDED That the Electoral Area Committee conclude its regular meeting of April 5, 2012. CARRIED (Time: 10:36 a.m.) Klara Kutakova, Assistant to Regional Committees Maria Harris, Chair 6209891 FINAL Minutes of the Regular Meeting of the GVRD Electoral Area Committee held on Thursday, April 5, 2012 Page 6 of 6 EA - 8 -
5.1 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Jason Smith, Regional Planner Metropolitan Planning, Environment and Parks Department Date: May 2, 2012 Subject: UBC Liquor Licence Application Extension of hours at the Gallery Lounge Recommendation: That the Board support the application by the UBC Alma Mater Society to change the opening hours of operation at the Gallery Lounge to 9:00 a.m., two hours earlier than the current opening time of 11:00 a.m. 1. PURPOSE To provide comment on an application to change the liquor licence for the Gallery Lounge at UBC. 2. CONTEXT The Provincial government requires local government comment on liquor licence applications. Metro Vancouver is the local government for Electoral Area A within which UBC is located. In late 2011, Metro Vancouver received a request to provide comments on a liquor licence application received from the UBC Alma Mater Society (AMS). The AMS would like to change the hours at the Gallery Lounge in order to serve breakfast. The Gallery Lounge currently has a liquor licence that permits an 11:00 a.m. opening. Any changes to the opening hours require a change to the liquor licence. This application requests to change the opening time to 9:00 a.m., two hours earlier than the current opening time of 11:00 a.m. There is no plan to sell liquor prior to 11:00 a.m. A report addressing this matter was presented at the February 9, 2012 Electoral Area Committee meeting and the following resolution was recommended to be made That the Board support the application by the UBC Alma Mater Society to change the opening hours of operation at the Gallery Lounge to 9:00 a.m., two hours earlier than the current opening time of 11:00 a.m., with the condition that no liquor be served prior to 11:00 a.m. This resolution was passed by the Metro Vancouver Board on March 2, 2012 and provided to the Province. Metro Vancouver staff were contacted by the Province in early April and were informed that due to the nature of the licence, conditions could not be attached to the issuance of the licence. The Province chose not to allow the application to change the opening hours of the Gallery Lounge to proceed, as the Province did not want to approve the changes to the current liquor licence without clear support from the local government. EA - 9 -
UBC Liquor Licence Application Extension of hours at the Gallery Lounge Electoral Area Committee Meeting Date: June 7, 2012 Page 2 of 2 Staff have provided a revised resolution that supports the application from the UBC AMS to change the opening hours of the Gallery Lounge. Though conditions can not be attached to a liquor licence in this case, the operator has provided assurance that it is not their intention to serve alcohol before 11 a.m. 3. ALTERNATIVES The following options are provided for consideration: a) That the Board support the application by the UBC Alma Mater Society to change the opening hours of operation at the Gallery Lounge to 9:00 a.m., two hours earlier than the current opening time of 11:00 a.m. [Recommended] or b) That the Board not support the application. 4. CONCLUSION Staff recommend supporting this application in order to allow the Gallery Lounge to open at 9 a.m. to serve breakfast. 6152854 EA - 10 -
5.2 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Jason Smith, Regional Planner Metropolitan Planning, Environment and Parks Department Date: May 2, 2012 Subject: Repeal of Greater Vancouver Regional District Bylaw No. 47, 1972 Recommendation: That the Board repeal Greater Vancouver Regional District Bylaw No. 47, 1972. 1. PURPOSE To repeal the dormant zoning bylaw for the former Electoral Area B. 2. CONTEXT The Islands Trusts was created in 1974 and took over local land use planning for the Howe Sound islands that are within the boundaries of the Greater Vancouver Regional District (GVRD). Prior to the creation of the Islands Trust, the GVRD provided local land use planning to these islands. GVRD Bylaw 47 was the zoning bylaw for those islands and enacted in 1972. The Islands Trust continued to refer to GVRD Bylaw 47 until a new Islands Trust zoning bylaw was adopted in September 2011. With this new zoning bylaw in place, GVRD Bylaw 47 serves no purpose. The Islands Trust is supportive of repealing GVRD Bylaw 47 (see attached letter). 3. ALTERNATIVES The following options are provided for consideration: a) That the Board repeal Greater Vancouver Regional District Bylaw No. 47, 1972; or b) That no action be taken. 4. CONCLUSION Given that the GVRD Bylaw No. 47, 1972 serves no purpose, staff recommends that it be repealed. ATTACHMENT Letter dated October 12, 2011 from the Islands Trust (Doc. # 6153936). 6154595 EA - 11 -
October 12, 2011 File Number: GM/05 Tom Pearce Electoral Area Planner, Metro Vancouver 4330 Kingsway, Burnaby, BC V5H 4G8 Dear Tom, Re: GVRD Bylaw No. 47 The Gambier Island Local Trust Committee adopted Bylaw No. 114, a land use bylaw for Bowyer and Passage Islands on September 7, 2011. Metro Vancouver will be receiving a certified copy of the bylaw in the coming weeks. A copy is available on our website at: http://www.islandstrust.bc.ca/ltc/gm/bylaws.cfm The Islands Trust will no longer be referring to GVRD Bylaw No. 47 for land use planning authority for Bowyer and Passage Islands. We consent to the GVRD repealing Bylaw 47. If you have any questions please contact me directly. Sincerely, Sonja Zupanec, MCIP Island Planner Local Planning Services Islands Trust szupanec@islandstrust.bc.ca ph.250.247.2211 Copy: Gambier Island Local Trust Committee k:\ltc\northern gambier\correspondence - gambier\2011 - gambier\letter to metro van re gvrd bylaw 47 repeal.doc EA - 12 -
5.3 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Date: May 2, 2012 Subject: Bylaw Contravention Notice on Property Title Nilsson Roll # 743.10047.079 Recommendation: That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of Greater Vancouver Regional District Building Bylaw No. 1043, 2006: Block C, District Lot 7059, Group 1 NWD, Indian Arm (Roll # 743.10047.079). 1. PURPOSE To address non-compliance with the Greater Vancouver Regional District Building Bylaw No. 1043, 2006 on Block C, District Lot 7059, Group 1 NWD, Indian Arm, in Electoral Area A. 2. CONTEXT The property located at 29 East Croker - Block C, District Lot 7059, Group 1 NWD is on Indian Arm within Electoral Area A. It was purchased by the current owners in October of 2010 for $230,000. The co-owners of the property made significant upgrades to the property without acquiring a building permit including: new foundations; new floor and roof structure; new doors, windows and skylights; new decks and balconies; new accessory building. The co-owners then listed the property for sale in October of 2011 for $649,000. In November of 2011, the Metro Vancouver Building Inspector became aware of the Building Bylaw violation and posted a Stop Work Order on November 9th, 2011. The Metro Vancouver Building Inspector has sent two follow up letters to the co-owners since the Stop Work Order was issued. The property is now off the market and is being rented, however, since November 2011 no progress has been made toward acquisition of a building permit. Section 695 of the Local Government Act gives authority for the regional district to register a note against land title for building regulations that have been contravened upon recommendation of the Building Inspector. Such a notice alerts prospective buyers of unapproved building improvements and is an effective tool to encourage compliance with building regulations. EA - 13 -
Bylaw Contravention Notice on Property Title Nilsson Roll # 743.10047.079 Electoral Area Committee Meeting Date: June 7, 2012 Page 2 of 2 The Metro Vancouver Building Inspector has recommended proceeding with a Notice on Title for contravention of the Greater Vancouver Regional District Building Bylaw No. 1043, 2006. 3. ALTERNATIVES The following options are provided for consideration: a) That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of Greater Vancouver Regional District Building Bylaw No. 1043, 2006: Block C, District Lot 7059, Group 1 NWD, Indian Arm (roll # 743.10047.079); or b) That no action be taken. 4. CONCLUSION On November 9, 2011, a building stop work order was placed on a residence owned by Mr. Nilsson and Ms. Nilsson on Indian Arm. Since that time, no progress has been made by Mr. Nilsson and Ms. Nilsson in fulfilling the requirements of the GVRD Building Bylaw. Staff have written Mr. Nilsson and Ms. Nilsson and made one follow up visit to their property. It is therefore recommended that the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of Greater Vancouver Regional District Building Bylaw No. 1043, 2006: Block C, District Lot 7059, Group 1 NWD, Indian Arm (roll # 743.10047.079). ATTACHMENTS 1. Block C, District Lot 7059, Group 1 NWD, Indian Arm Letter dated May 2, 2012 from Jim Martin, Electoral Area Building Inspector addressed to Mr. Nils Peter Nilsson and Ms. Elsa Tomoko Nilsson (Doc. # 6203315). 2. Block C, District Lot 7059, Group 1 NWD, Indian Arm - Letter dated November 9, 2011 from Jim Martin, Electoral Area Building Inspector addressed to Mr. Nils Peter Nilsson and Ms. Elsa Tomoko Nilsson (Doc. # 6203627). 6196895 EA - 14 -
May 2, 2012 File: CR-06-01-743.10047.079 Tel. 604-432-6375 Fax 604-436-6970 Metropolitan Planning, Environment and Parks Department EA - 15-6152014 JM/ms Electoral Area Building Inspector Jmi Marhn Yourstruly, Please contact me at (604) 432-6386 should you have any questions. application can be provided by calling Manjit Sunner at (604) 432-6369. http://www.metrovancouver.org/boards/bylaws/bylaws/rd_bylaw_1043. pdf, or copies of the building permit Please refer to Bylaw No. 1043, 2006 for application requirements. The Bylaw can be accessed at Administration Bylaw. You are required to submit a building permit application in accordance with Schedule E of the Building altering or repairing a building or structure... Section 202 (1) Every owner shall apply for and obtain: (a) a building permit before constructing, direction of the Building Official and Bylaw have been fully complied with and the Stop Work Order has been removed under the cease all work thereon immediately and shall not do any work thereon until all provisions of this Section 109 (3): Every owner of property on which a Stop Work Order has been posted shall No. 1043, 2006, ( the Building Bylaw ) provides, in part, that: We again note that the Greater Vancouver Regional District Electoral Area A Building Administration Bylaw lack of attic air circulation and the growth of mold. The Stop Work Order previously posted at the front door roof ventilation has not been provided at the eaves, the black staining on the soff it areas may indicate the decks and balconies, plus new finishes throughout. The septic system installed at the front of the dwelling is has been removed. Based on my exterior review of the buildings, I believe the dwelling and accessory building were recently constructed. It appears to have new foundations, floor and roof structure, doors, windows and skylights, also a newer version. As viewed through the windows, at least 2 wood stoves are installed. It appears that constructed without a building permit. We have subsequently revisited your property on March 22, 2012 and Further to our letter dated November 9, 2011 noting the Stop Work Order posted at your property for work reviewed your file May 2, 2012. Re: Block C, District Lot 7059, Group 1 NWD, Indian Arm Dear Mr. and Ms. Nilsson: North Vancouver BC V7P 3K5 532 East 16 th Street Mr. Nils Peter Nilsson and Ms. Elsa Tomoko Nilsson REGISTERED MAIL 4
EA - 16 -
5.4 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Date: May 15, 2012 Subject: Bylaw Contravention Notice on Property Title Reith Roll # 743.10047.163 Recommendation: That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of GVRD Building Bylaw No. 1043, 2006: District Lot 7065, Group 1, Indian Arm; roll #743.10047.163. 1. PURPOSE To address non-compliance with the Greater Vancouver Regional District Building Bylaw No. 1043, 2006 on District Lot 7065, Group 1, Indian Arm, in Electoral Area A. 2. CONTEXT The property located at 1 Johnson Bay - District Lot 7065, Group 1 is on Indian Arm within Electoral Area A. The property has had four Stop Work Orders on the property since 1998 including: September 18, 1998 for deck construction below the residence; May 12, 2006 for an addition to the residence; April 30, 2010 for construction of accessory buildings; September 14, 2011 for construction of accessory buildings. Since the most recent Stop Work Order issued September 14, 2011, the Metro Vancouver Building Inspector has sent two letters to the property owner and made two follow up visits; but no progress has been made toward acquisition of a building or demolition permit. Section 695 of the Local Government Act gives authority for the regional district to register a note against land title for building regulations that have been contravened upon recommendation of the Building Inspector. Such a notice alerts prospective buyers of unapproved building improvements and is an effective tool to encourage compliance with building regulations. The Metro Vancouver Building Inspector has recommended proceeding with a Notice on Title for contravention of the Greater Vancouver Regional District Building Bylaw No. 1043, 2006. EA - 17 -
Bylaw Contravention Notice on Property Title Reith Roll # 743.10047.163 Electoral Area Committee Meeting Date: June 7, 2012 Page 2 of 2 3. ALTERNATIVES The following options are provided for consideration: a) That the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of GVRD Building Bylaw No. 1043, 2006: District Lot 7065, Group 1, Indian Arm; roll #743.10047.163. or b) That no action be taken. 4. CONCLUSION There has been four Stop Work Orders since 1998 on the property. The last Stop Work Order was issued September 14 th, 2011 and since that time no progress has been made by Mr. Reith in fulfilling the requirements of the GVRD Building Bylaw. Staff have written Mr. Reith and made two follow up visits to his property. It is therefore recommended that the Board direct the designated corporate officer to file a notice in the land title office on the following property as being in non-compliance of Greater Vancouver Regional District Building Bylaw No. 1043, 2006: District Lot 7065, Group 1, Indian Arm (roll # 743.10047.163). ATTACHMENTS 1. District Lot 7065, Group 1, Indian Arm Letter dated May 2, 2012 from Jim Martin, Electoral Area Building Inspector addressed to Mr. Aaron G. Reith (Doc. #6203628). 2. District Lot 7065, Group 1, Indian Arm - Letter dated September 20, 2011 from Jim Martin, Electoral Area Building Inspector addressed to Mr. Aaron G. Reith (Doc. # 6203904). 6197241 EA - 18 -
May 2, 2012 File: CR-06-01-743.10047,163 Tel. 604-432-6375 Fax 604-436-6970 Metropolitan Planning, Environment and Parks Department p EA - 19-6153009 JMIms Electoral Area Building Inspector I-1rtin Yours truly, Please contact the undersigned at (604) 432-6386 should you have any questions. Building Administration Bylaw. Please refer to Bylaw No. 1043, 2006 for application requirements. The on Title. application is not received the Metro Vancouver Board will consider registering a Bylaw Contravention Notice copies of the building permit application can be provided by calling Manjit Sunner at (604) 432-6369. If an You are required to submit a building/demolition permit application in accordance with Schedule E of the Bylaw can be viewed at http:fiwww.metrovancouver,org/boards/bylaws/bylaws/rd_bylawj 043.pdf, or altering or repairing a building or structure... Section 202 (1) Every owner shall apply for and obtain: (a) a building permit before constructing, direction of the Building Official and Bylaw have been fully complied with and the Stop Work Order has been removed under the cease all work thereon immediately and shall not do any work thereon until all provisions of this Section 109 (3): Every owner of property on which a Stop Work Order has been posted shall ( the Building Bylaw ) provides, in part, that: The Greater Vancouver Regional District Electoral Area A Building Administration Bylaw No. 1043, 2006, Stop Work Order was issued September 14, 2011 for construction of accessory buildings. Stop Work Order was issued September 18, 1998 for deck construction below the residence. Stop Work Order was issued May 12, 2006 for an addition to the residence. Stop Work Order was issued April 30, 2010 for construction of accessory buildings. The file review notes the following: posted at your property for work constructed without a building permit. We have subsequently revisited your Further to our letter dated September 14, 2011 (which was returned to sender) noting the Stop Work Order property on May 2, 2012 and reviewed your file May 2, 2012. Re: District Lot 7065, Group 1, Indian Arm Dear Mr. Reith: North Vancouver BC V7G 2A4 2962 Panorama Dr Mr. Aaron G. Reith REGISTERED MAIL met
EA - 20 -
5.5 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Tom Pearce, Regional Planner Metropolitan Planning, Environment and Parks Department Date: May 2, 2012 Subject: Barnston Island Background Report Recommendation: That the Electoral Area Committee receive for information the report dated May 2, 2012, titled Barnston Island Background Report. 1. PURPOSE To provide background information and context for the Barnston Island site visit June 7 th, 2012. 2. CONTEXT Barnston Island is a small farming community of 150 residents in the middle of the Fraser River. Metro Vancouver is the local government for this unincorporated area. Ferry access to the island is from North Surrey at the foot of 104th Avenue and 176th Street. The attached report provides in depth background on the community, the Katzie First Nation, the agricultural land, and community issues. 3. ALTERNATIVES The following options are provided for consideration: a) That the Electoral Area Committee receive for information the attached report; or b) That no action be taken. 4. CONCLUSION The following report and attachment supports the Barnston Island site visit scheduled for June 7 th, 2012. ATTACHMENT Community of Barnston Island 2012 (Doc. #6195877). 6196995 EA - 21 -
5.5 ATTACHMENT 2012 Community of Barnston Island Metro Vancouver 5/25/2012 EA - 22 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] Part 1 - Profile 1. Background Barnston Island is located in the Fraser River between Surrey and Pitt Meadows. The area of the Island is approximately 1,400 acres (567 ha). There are approximately 150 people who live on Barnston Island, with about one third located on the Katzie First Nation Reserve. There is a ten kilometre road that sits on top of the dike surrounding the Island. There are 54 residences on Barnston Island, 16 are located on the Katzie First Nation reserve and 38 are located the rest of the Island. There are a number of buildings that are in a poor state of repair and are not being occupied. In recent years a number of demolition permits have been issued. Metro Vancouver is also working closely with land owners to try to resolve derelict vacant buildings. The Katzie First Nation reserve has approximately 16 homes and 50 people. The Greater Vancouver Water District provides domestic water to the reserve through the City of Surrey. Sewer service is not provided to the Island. Properties on Barnston Island had a total assessed value of approximately $18,000,000 based on the 2011 assessment role. The dike and associated ditches as well as a small pump station are currently maintained by the Barnston Island Diking District comprising local property owners/residents. Page 2 of 9 EA - 23 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] Painted River Farm, Barnston Island 2. History Located within the traditional territory of the Katzie First Nation, Barnston Island was settled by Europeans in the mid 1800 s. The Island was named after George Barnston, a Hudson's Bay Company clerk, who travelled with fur trader James McMillan who founded Fort Langley in 1827. The Islands first known dike was built in the early 1900 s. There was a breach of the dike during the flood of 1948 which was subsequently repaired. Approximately 820 metres of the dike is through the Katzie First Nation Reserve, which is Federal Government jurisdiction. Air Photo 1949 Page 3 of 9 EA - 24 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] In 2005, there was a major application for exclusion of farm land from the Agriculture Land Reserve to the Agricultural Land Commission and Metro Vancouver. The application was not supported, in part because of the excellent agricultural land on the Island. 3. Ferry Access The ferry is jurisdiction of the province. The service is contracted out to a private operator. The ferry has the capacity for three to four vehicles and there is no charge for the ferry. The ferry operates 6:15AM to 11:45PM Monday to Thursday and 6:15AM to 12:45AM Friday to Sunday. Vehicles can drive straight onto to the ferry on the Surrey side but vehicles must back onto the ferry on the Barnston Island side. 4. Roads Barnston Island Ferry The Ministry of Transportation has jurisdiction for all roads on Barnston Island. The roads are maintained by a private contractor which also mows the grass on either side of the road twice per year. The road distance around the Island is 10 kilometers. With the exception of short stretch of road across the middle of the Island, the road sits on top of the dike. 5. Planning and Building Regulation for the Island Metro Vancouver provides planning and building regulations for the Island except the Katzie First Nation reserve. The Island is also located within the Agriculture Land Reserve. The Island is zoned agriculture (BI-1) with a park site at both the western and eastern tips of the Island. The first zoning bylaw for the Island came into effect in 2005 with minimum lot sizes of 20 hectares and continues today. There are a number of lots which pre-date the first Zoning Bylaw and are considered legal non-conforming. Page 4 of 9 EA - 25 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] The Island has no Official Community Plan however the Island is covered by the Metro Vancouver Regional Growth Strategy (RGS) adopted in July of 2011. Under the RGS all private lands are designated Agriculture and the parks sites are designated Conservation and Recreation. Metro Vancouver also provides Building Inspections services for new construction and demolitions. Over the last five years Metro Vancouver has issued three demolition permits and two building permits for construction of outbuildings. 6. Agricultural Land Historically there were as many as eleven dairy farms on the Island. The primary crops on Barnston Island today include cranberries and hay. Barnston Island fields produce as many as four crops of hay per year. Other significant farms include a dairy operation, herb farm operation and a beef farm. There are also hobby farms with sheep, goats and horses. 7. Dike Status and Flooding Bradner Farms supplying Avalon Dairy, Barnston Island The dike and associated ditches as well as a small pump station are currently maintained by the Barnston Island Diking District comprising local property owners / residents. It has a limited operating budget funded through an $11-13 per acre levy on properties, which generates approximately $15,000 per year. Most maintenance work is done by volunteers who live on the Island. Typically, the Fraser River has its highest water in the spring during what s called the freshet. This is also the time when Barnston is most susceptible to flooding. Page 5 of 9 EA - 26 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] 8. Metro Vancouver Regional Park Land Metro Vancouver owns regional park land at two locations on Barnston Island. These land holdings are part of an extensive regional park system that encompasses 13,800 hectares and 33 sites throughout the Lower Mainland between Bowen Island and Abbotsford. At the downstream (west) end of Barnston Island, Robert Point Rest Area provides a stopping point with washrooms and picnic tables for cyclists and hikers visiting the Island. At the upstream (east) end of the Island, land has recently been acquired at Mann Point. This land has no facilities to serve public use at present, and in fact, steps had to be taken to block unwanted vehicle access to the shoreline which was causing environmental damage. The two land areas total 67 acres (27 ha). Regional park land was acquired to serve the needs of recreational visitors, especially cyclists, who by the mid 1990 s, were already coming to the Island in numbers and who had no public places where they could safely and conveniently stop, have access to washrooms, approach the water and enjoy river views. Metro Vancouver operates Robert Point Rest Area as walk-in or cycle-in only, that is, no car parking is provided. This approach respects the limited capacity of the ferry. Robert Point is maintained and cleaned by Metro Vancouver uniformed staff on a once a day to twice a week to daily basis, depending on the season, and security is provided regularly into the evening between May and September. Both park sites on Barnston Island include important Fraser River riparian and aquatic components which are valuable habitat for fish and wildlife. Both sites also contain agricultural land that is licensed, or in the process of being licensed, for continued agricultural use. This blend of uses will continue into the foreseeable future. Robert Point Rest Area, Barnston Island Recreational visitor counts for Barnston Island show that about 14,000 people per year visit the Island and use has remained stable over the past few years. The majority of visitors are cyclists. The counts are provided annually by the ferry operators. Page 6 of 9 EA - 27 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] 9. Fire Protection and Emergency Services There is no fire protection on the Island. In 2005, there was a referendum on the Island which asked if residents would be in favour of establishing a fire suppression service area with the costs of operating that service recovered from the residents of Barnston Island by way of a property tax or a combination of property tax and a fee for service. The official results noted 21 in favour and 36 against. There were also two service delivery options considered: a volunteer fire department and a fee for service agreement with the City of Surrey. Metro Vancouver provides wildland fire suppression to all areas of the Electoral Area including Barnston Island. Based in the north-east sector; this team works with supporting agencies and residents to extinguish forest fires and grass fires in the Electoral Area. Metro Vancouver also provides Local Assistant to the Fire Commissioner services including inspections and investigations of all fires. Metro Vancouver also provides coordination and support during emergencies such flooding or earthquakes. Metro Vancouver has an emergency plan in place to address flooding on Barnston Island should the need arise. The Surrey RCMP detachment provides policing services to the Island and so does the BC Ambulance service. 10. Open Fires Open fires are permitted on Barnston so long as the material originates from the land on which it is being burned. The owner or the occupier must also check the Metro Vancouver open burning advisory hotline each morning they wish to burn. Owners and occupiers must also ensure there is not a provincial open burning prohibition and that they are at least 100m from residences. In addition, smoke must not pose a hazard at airports or on provincial highways. 11. Garbage and Recycling There is no civic garbage collection on Barnston. Most residents take their garbage and recycling to Port Kells transfer station in Surrey. There are however a number of privately contracted bins, one on the Katzie reserve and one at Apollo Cranberries. Page 7 of 9 EA - 28 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] Part 2 - Issues 1. Barnston Island Park Management Plan A Park Management Plan for regional park land on Barnston Island was started in 2009 when the planning process for nearby Surrey Bend Regional Park commenced. However, this effort was put on hold due to availability of staff resources. Staff are now assessing the timing of the Barnston Island park planning process. A park plan would deal with the use of park land within the context of the Island community. 2. Farming Viability and Land Speculation Some farmers on the Island have questioned viability of farming on the Island. Ferry access to the island adds complexity for farm businesses particularly those that depend on frequent deliveries and pickups. There is a also a truck size limitation for the Ferry which limits the largest transport trucks from coming to the Island, requiring more frequent smaller trucks. Currently, one developer owns a number of land holdings on Barnston Island. Over the years, there have been various development proposals put forward including an amusement park, a racetrack, even a university campus, a golf course and more recently conversion to industrial land. 3. Proposed Dike Transfer In December 2008, the Province announced that the Drainage, Ditch, and Dike Act would be repealed as of December 31, 2010 (since extended to December 31, 2012) the result being the transfer of the Barnston dike and drainage facilities from the Province to Metro Vancouver and the dissolution of the Barnston Island Diking District. This change would also affect dikes within the City of Coquitlam, City of Surrey, and Township of Spallumcheen. These municipalities also have concerns regarding the transfer of these facilities and associated costs and liabilities and prefer continued provincial responsibility for the dikes. The Province has promised to work with local governments to complete a comprehensive assessment of the diking district prior to any transfer of diking authority responsibilities. However, to date no specific commitments to complete and fund a technical assessment of the dike or any other work have yet been received. Attempts by Metro Vancouver to resolve this with Ministry staff and elected officials has not provided a satisfactory conclusion. Serious issues remain unresolved including: Physical repairs and upgrades required to the dike. Legal right-of-ways for the dike. Maintenance agreement with the Ministry of Transportation for the road and dike interface. Insufficient property tax base and population to fund substantial upgrades to the diking facilities. Diking District facilities and drainage ditches are partially located on private lands which are not secured by registered right-of-ways. Page 8 of 9 EA - 29 -
May 25, 2012 [COMMUNITY OF BARNSTON ISLAND] There was no legal authority granted to the Province or the federal government for construction of the dike across the Reserve. Active Katzie First Nation claim was filed in 1993 with respect to alleged unlawful dykes on Katzie I.R. No. 1 and Katzie I.R. No. 3, resulting in an illegal trespass and damages. Legal agreement with respect to maintenance of the water utility lines within the dike on the reserve. Metro Vancouver can only responsibly consider accepting the transfer of the Barnston Island Diking District facilities after a complete technical assessment study and all necessary physical upgrades have been completed, along with securing necessary legal right-of-ways, and with full indemnity against any liabilities towards Metro Vancouver in the event of a dike failure or flood. 6195877 Page 9 of 9 EA - 30 -
5.6 Electoral Area Committee Meeting Date: June 7, 2012 To: From: Electoral Area Committee Gaëtan Royer, Manager Metropolitan Planning, Environment and Parks Department Date: May 21, 2012 Subject: Manager s Report Recommendation: That the Electoral Area Committee receive for information the report dated May 21, 2012, titled Manager s Report. Electoral Area Committee 2012 Workplan The Attachment to this report sets out the Electoral Area Committee s Workplan for 2012. This does not include all items to be brought before the Committee but rather, the priorities previously determined by the Board and Committee. The list is updated regularly to include new issues that arise, items requested by the Committee and changes in the schedule. Items highlighted in bold have been completed. Greater Vancouver Water District Wholesale Water Rates to University Endowment Lands At the April 5, 2012 Electoral Area Committee meeting, the issue of Greater Vancouver Water District (GVWD) wholesale water rates to the University Endowment Lands (UEL) was discussed. A 20% mark up for water sales to non-gvwd members applies to the UEL. Staff was requested to report back to the Committee on the financial implications of a possible UEL water rate change for the region and refer the information to the UBC/UEL governance review. The Committee agreed to maintain the status quo until after the governance review is concluded. Using the 2012 budget, reducing the wholesale water rate to UEL to match GVWD member rates would reduce GVWD annual revenue by approximately $607,000. This would represent $0.0017 per cubic meter of water or 0.28% of total projected water sales revenue. Montizambert Wynd Water Service and West Vancouver Boundary Extension Metro Vancouver staff assisted in the preparation of a background report in support of a petition from eight owners of Montizambert Wynd for water service and potential amalgamation with the District of West Vancouver. The community of thirteen homes has been under a boil water advisory from the Vancouver Coastal Health Authority for a number of years. The health authority is working with the community to try and resolve the boil water advisory. The community is investigating all of the options including upgraded Point-Of-Entry (POE) systems, bulk water service and a boundary extension with the District of West Vancouver. EA - 31 -
Manager s Report Electoral Area Committee Meeting Date: June 7, 2012 Page 2 of 2 Barnston Island Diking District Proposed Transfer Update The Province is repealing the Drainage, Ditch and Dike Act which would transfer authority for the Barnston Island dike from the Barnston Island Diking District to Metro Vancouver on December 31, 2012. In January 2012, the Ministry of Forest, Lands, and Natural Resource Operations reported that Emergency Management BC had committed to provide funds to assist with diking district assessments and transfers. As of May 2012, the Ministry is still developing a process to reach transfer agreements with the local governments and diking districts, and is working on filling a new staff position to help lead this process. The Ministry notes that the timeline on filling this position may have to be extended because Ministry flood and dike staff are focussed on flood preparedness planning and response. The repeal of the Drainage, Ditch and Dike Act also impacts the City of Surrey, City of Coquitlam, and Township of Spallumcheen. These municipalities also have concerns regarding the transfer of these facilities and associated costs and liabilities. The Township of Spallumcheen has been very active in opposing the transfer of a dike into their responsibly, having met with the Minister, as well as their local Member of the Legislative Assembly and Member of Parliament. The City of Coquitlam had sponsored a UBCM resolution in Fall 2011; the province formally responded by promising to work with local governments to complete a comprehensive assessment of diking districts prior to any transfer of diking authority responsibilities, although this has not yet occurred. The City of Surrey has started taking steps to prepare for the expected dike transfer. Website Update Follow Up The electoral area website is important communication tool for communicating with residents and the public. The electoral area website has now been updated to reflect the suggested changes made by the committee including upgrading the community profiles section with reference maps and information on services provided. ATTACHMENT Electoral Area Committee 2012 Workplan (Doc. #6196022). 6196028 EA - 32 -
5.6 ATTACHMENT Electoral Area Committee 2012 Workplan 1st Quarter Key priorities Report on work program for 2012 Board of Variance appointees Public Hearing and Board enactment of Electoral Area Zoning Bylaw Amendments 2nd Quarter Key priorities Enactment of Board of Variance Bylaw Amendments Advisory Planning Commission appointees Report on Barnston Island Dike ownership and maintenance issues Report on Ticket Information Utilization Amending Bylaw Report on Building Bylaw amendments Report on Broadway corridor transit alternatives Report on communication resources that are available on the Electoral Area A website Outline a communication plan for Electoral Area A 3rd Quarter Key priorities Board enactment of Building Bylaw amendments Report on Barnston Island community issues and agricultural land use inventory 4th Quarter Key priorities Report on building activity within Electoral Area A Follow up report Barnston Island Dike ownership and maintenance issues Note: Bold completed items 6196022 EA - 33 -
EA - 34 -
EA - 35 -
EA - 36 -