COMMITTEE OF THE WHOLE REPORT: SHORELINE BOAT LAUNCH PROVINCIAL CROWN LAND LEASE APPLICATION UPDATE

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole FROM: J. Davison, MCIP RPP, Planner DATE: March 7, 2018 MEETING DATE: March 13, 2018 FILE NO.: n/a

SHORELINE BOAT LAUNCH PROVINCIAL CROWN LAND LEASE APPLICATION UPDATE

RECOMMENDATION

THAT Committee receive this report for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS I concur with the recommendation.

PURPOSE OF REPORT

The purpose of this report is to present an update to the Provincial Crown Land Lease application for the proposed Shoreline Drive boat launch, and to present Council with options in moving forward with the project.

PROJECT BACKGROUND

The Town made application for the Shoreline Drive boat launch on November 8, 2016. After some additional submissions and clarifications, on January 16, 2017 the Town received notice from the FrontCounterBC at the Ministry of Forests, Lands and Natural Resource operations that the Town’s application was complete.

The location of the ramp (both uplands and foreshore portions) is below:

The Ministry informed the Town that the file was awaiting further assessment by Crown Lands Authorization staff, and that they would be in touch within 8-10 months with the results of a more in-depth review of the application. They noted that, at that time, additional information may be required of the Town.

Staff followed up with the application in January of 2018 (12 months hence) not having heard from the Crown Lands Authorization Staff during the expected 8-10 months after referral. It was discovered that the file was never referred to the Crown Lands Authorization staff in 2017 (the file was forgotten about). The Natural Resource Specialist managing the file referred the file to the Lands Officer the same day as our follow-up inquiry, with apology.

Changes to Provincial Processes

It should be noted for context that the Province has recently changed their requirements for Crown Land lease applications. Formerly, all structures over provincially-owned foreshore required a Crown Land Lease as a first step to its legal construction. If someone in Portage Inlet wanted to build a dock, for instance, they would require both a Crown Land Lease over the foreshore (the land below the average high water mark) and then they would obtain an Environmental Development Permit for the dock from the Town of View Royal.

The Province is now no longer requiring leases for docks if they meet the criteria for exemption within their Private Moorage General Permission, enacted by Minister declaration:

• The owner of the Dock is the owner or Crown lessee of the Upland Property.
• A Dock shall be used for private residential moorage purposes only and the owner of the dock must not use the dock for commercial purposes or make the dock available to others for a fee.
• The Dock is not located over an Area of Special Interest (refer to definition).
• The Crown land over which the Dock has been installed, or will be installed, is not a designated Application-only Area, or an area that has been designated as a reserve or withdrawal prohibiting authorization of a dock under sections 15, 16 or 17 of the Land Act.
• There are no other authorizations for use of the Crown land which would prevent an overlapping permission on that land.
• There is only one Dock fronting the Upland Property, and no boat ramps or stand-alone boat lifts.

The docks within Portage Inlet appear, as far as staff can ascertain, to meet these requirements. As the Town’s application is not for a dock, however, the exemption does not appear to apply.

PROJECT INFORMATION

• To date, the Town has spent $57,711 in soft and hard costs on the project
• The time elapsed between the initial application (November 8, 2016) and now has been excessive and unreasonable, given the year’s delay.
• The Town has installed reef balls in Portage Inlet near Craigflower Bridge and has proposed shoreline habitat restoration as reasonable offsets for any lost sea floor habitat the ramp may cause.
• The requirements of the Province in the list of information outstanding mirror the requirements of the Town’s Development Permit process (which is also a necessary part of this process after receiving a lease from the Province)

On January 31, 2018 staff received the request for additional information from the project’s Land Officer:

• Your site detail drawing must show the tenure boundary with all improvements shown within, including the retaining walls, and the upland property boundaries.
• We will require a letter from the neighbour to the northwest indicating she is in agreement with the current proposed location of the ramp improvements. If this is not possible you will need to move the dock to a point where your neighbour is in agreement, or until you are perpendicular to the shore fronting the public access trail.
• Please provide a copy of any communication you have had with Fisheries and Oceans Canada regarding the dredging.

ISSUES AND ANALYSIS

Staff sees four options for Council in moving forward, given the circumstances:

1. Engage with senior officials at the Province with the intent of obtaining an exemption to the lease requirements given the delays and the minor scope of the project.
2. Ignore the Provincial lease requirements and build the ramp subject to the Town’s Development Permit requirements and approvals from the Federal Department of Fisheries and Oceans.
3. Abandon the project.
4. Continue to cooperate with the Province and attempt to acquire the Crown Land lease.

Staff’s recommendation would be to take Option 4 and continue with the attempt to acquire the Crown Land lease, and to revisit the process in 4 months’ time. If no significant progress is made by July 1, the option to engage senior officials at the Province should be taken.

RECOMMENDATION

THAT Committee receive this report for information.

SUBMITTED BY: J. Davison, MCIP RPP, Planner

REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Intertidal and Sub-tidal Habitat Assessment of View Royal Emergency Rescue Boat Launch Proposal – Shoreline Road Site – Aqua-tex Scientific Consulting - July 2016
2. Town of View Royal General Ledger Detail 2016 and 2017 (Project Expenses) – Mar 5, 2018