Bonny Brokenshire, Senior Bylaw Officer, Bylaw Services. Date: June 3, 2016 Meeting Date: June 13, 2016

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1 To: From: Mayor Skeels and Council Bonny Brokenshire, Senior Bylaw Officer, Bylaw Services Date: June 3, 2016 Meeting Date: June 13, 2016 Subject: Noise Exemption Bowen Lodge RECOMMENDATION That Council consider a noise exemption for the assembly events scheduled at Bowen Island Lodge (BIL) up to and including an event on October 10, PURPOSE The purpose of this report is to provide information for Council related to BIL s noise exemption application. BIL is applying to host events that exceed the criteria set out in both a restrictive covenant (BT395412) and the Bowen Island Municipality (BIM) Noise Control Bylaw No BACKGROUND Noise exemptions are sought when events may impact a person s enjoyment of their property due to noise disturbances in the neighbourhood. This application for an exemption to the Noise Control Bylaw is being brought forward for Council s consideration because BIM s Noise Exemption Policy requires that Council consider applications that exceed the criteria set out for staff approval. The property at 380 Cardena Road was once owned by Canadian Institute for the Blind (CNIB). The CNIB and the Snug Point Property Owners Association (SPPOA) agreed to a restrictive covenant that is registered on title for the property at 380 Cardena Road. The covenant restricts the number of assembly 1 events that the facility can host. It also restricts both the outdoor and the indoor hours that the facility can host events, reflecting the hours acceptable to sustain a quiet residential neighbourhood. Prior to selling the CNIB in 2011, the prospective buyer met with the SPPOA to discuss their plans for the property. This meeting prompted SPPOA to write a letter to Mayor and Council regarding the importance of preserving the character of the single family residential neighbourhood. The property was sold in From 2012 until 2015 Bylaw Services received 19 valid complaints in regards to the Bowen Island Lodge. These complaints from the neighbourhood were in response to noise and parking concerns. Bylaw Services was also informed of covenant breaches. Bylaw Services attempted, on at least 8 occasions, to alleviate some of the concerns but compliance was not achieved. 1 ASSEMBLY means the use of land or a building or structure for gatherings for public, charitable, cultural, religious, memorial, philanthropic, recreational, educational or entertainment purposes.

2 Following unsuccessful attempts to achieve bylaw and covenant adherence in 2015, Bylaw Services advised BIL that the noise exemption application process must be followed for all assembly events. On November 17, 2015 Bylaw Services and Planning staff met with the owner of BIL. With direction from Kathy Lalonde, Chief Administrative Officer, BIM staff proposed that BIL could apply for a comprehensive noise exemption. BIM staff requested that this comprehensive application include: the dates and times of the events, signatures of neighbours endorsing these events, a noise mitigation plan, and a parking plan. Staff also suggested including a list of benefits to the local economy stemming from events at BIL. NOISE EXEMPTION APPLICATION INFORMATION Recent History Early in 2016 BIL was sold again. A representative for the new owners met with Bylaw Services and Planning staff. At this meeting the representative stressed the new owners desire to operate the facility within the restrictions of the covenant and pertinent bylaws. They also agreed to follow through with the comprehensive noise exemption application process. The new owners inherited a series of previously booked assembly events that do not comply with the restrictive covenant on the property. The first two events of 2016 have prompted 7 valid complaints from BIL s neighbours. The complaints warranted the issuance of a Warning Violation Notice and a First Offense Violation Notice. As a result of the community concerns, BIL has started working with Bylaw staff to develop and implement mitigation measures. Covenant Overview The covenant, in its entirety is included in the agenda package and includes the following restrictions: 1 assembly event per month (non-cumulative, plus an extra in December) Assembly use must be 6 days apart Assembly use for a max of 8 hours Indoor assembly o Mon/Tues/Wed/Thurs/Sun over by 9pm o Fri/Sat over by 10pm Outdoor assembly o Mon/Tues/Wed/Thurs/Sun over by 8:30pm o Fri/Sat over by 9:30pm Parking on lands: If over 25 cars parking offsite must be provided Lodge to ensure that users minimize noise Assembly use bookings must be conveyed to neighbours 14 days or ASAP before event takes place Booked Assembly Events BIL has provided the following schedule of previously booked assembly events: 1. Birthday, June 24, June Family Reunion, July 8, July 9, July Anniversary, July 22, July Wedding, July 30, July 31, August 1 5. Wedding, August 5, August 6, August 7 6. Wedding, August 26, August 27, August Wedding, September 9, September 10, September 11

3 8. Wedding, October 8, October 9, October 10 Mitigation Measures BIL has provided the following mitigation measures: Steps we are taking to mitigate noise and parking issues at the BIL: 1. Website Redesign - making noise bylaws and parking restrictions clear on the BIL website. 2. Parking Plan - Each group is now required to send us the number of vehicles which will be travelling to the Island for each event. If the number exceeds our spaces, they will be required to submit a parking plan, which we will assist with. The Bl bylaw officers have kindly provided us with a local parking chart. Additionally, we have 75 feet of unused space at the top of our property which has potential to be converted into 8 additional stalls. Our staff have been instructed to approach event coordinators immediately to have cars moved if they notice street parking. Beyond that, the City may wish to employ bylaw officers to monitor parking during weekends, as that seems to be the main time when most out of town vehicles are violating bylaws around the Island. The City may also want to consider additional "no parking" signs for the public road. 3. Signage - We have ordered signage for 5 spots around the outside of our property reminding guests that they are in a residential neighborhood and that outside noise must cease by 10pm. 4. Employee Education - Better training of staff and a more experienced Manager will make a big difference moving forward. 5. Adjustment of Wedding Marketing - Small intimate weddings will be encouraged in the future. 6. Noise bylaws will be made very clear when booking. 7. Adjustment of Contracts - Current Lodge contracts indicate that noise is acceptable past 10pm inside the Hall, this will be adjusted accordingly to emphasize noise control. 8. Hosting/Attending the Snug Cove Home Owners Association Annual General Meeting on June 26th, We look forward to this and hope it can become an annual event at the BIL. Although it seems that not everyone will always be in agreement for every issue, we believe good communication will be a key factor moving forward. We hope the HOA will embrace and encourage our business moving forward, and that we can work together to find balance in this quiet neighborhood when hosting events at the BIL. 9. Personal training of our new Lodge Manager by the Bylaw Department. Benefits to Community BIL has provided the following list of benefits to the local economy: The business benefits to the Bowen Island Community from these events include; 1. Employment of one full-time and 7 part-time Lodge staff 2. Repair service required by Local plumbers, electricians, roofers & gas fixers etc. 3. Fuel for heating supplied by Bowen Fuels

4 4. Building materials supplied by the local hardware store 5. Catering by on-island business The Snug / Vine & Garden providing employment for staff for events 6. Facilitator / Entertainment provided by local company 7. Overnight overflow accommodation supplied by o t h e r island businesses such as The Old Dorm, Evergreen Hall, Twiggleberries etc. 8. Hiring of local transportation companies : Cormorant Marine and Peter King 9. Ancillary spending in local businesses by guests visiting. Canvassed Area The applicant canvassed 15 houses in the neighborhood (see map attachment). Of the 15 residences, 1 household was not available and 3 refused to approve the listed events. 11 households provided signatures for approval. Policy requires at least 80% of residents must be canvassed and that at least 80% of the residents canvassed must be in favor for Council approval. BIL canvassed 93% of the required households of which 79% approved of the listed events. FINANCIAL IMPLICATIONS There are no financial implications. COMMUNICATION STRATEGY This information is communicated to the public by way of the required canvassing. OTHER IMPLICATIONS The restrictive covenant allows for a noise exemption to be applied in respect to the time limitations of the covenant, but there is no authority set out for seeking a variance in the number of events. Doing so could set precedence. BIM s legal counsel advises that if Council were to choose not to enforce the covenant it could be more difficult to do so in the future. SUMMARY BIL is seeking a Noise Exemption Permit irrespective of assembly events not complying with the restrictive covenant. This permit will include a list of assembly events scheduled from June 24 to October 10, BIL has provided BIM with a parking and noise mitigation plan and a list of BIL s benefits to the community. Attachments and References: BT395412, restrictive covenant Noise Exemption Application Noise Exemption Application Map Noise Exemption Application Signatures SUBMITTED BY: Bonny Brokenshire Senior Bylaw Officer

5 REVIEWED/APPROVED BY: Kathy Lalonde Chief Administrative Officer DEPARTMENTAL REVIEW: Bylaw Services Fire & Emergency Planning Public Library Public Works Recreation & Community Services Finance Corporate Services

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