April 21 Council In Focus

Residents express concern over clear-cutting, subdivision

The evening's meeting began with all Council members present, along with Chief Administrative Officer (CAO) Ross Blackwell at the table and Public Works Director of Operations (DO) Eric Villeneuve in the gallery.

Attendance at the meeting was high, with many of the in-person chairs filled and 26 residents watching online.

After discussion of a number of changes, the evening's agenda was adopted.

Resident clear-cutting concerns

As the first public participation session opened, it became clear that the large gallery had come to offer opinions and learn more about work taking place at 250 Oceanview Road. This property abuts the cul-de-sac formed at the end of Kelvin Grove Way, and is bisected by Rundle Creek.

Upper Kelvin Grove resident Philip Marsh noted that he has been a long-time proponent of a connection between Kelvin Grove and Lions Bay, and then quoted the discussion at the end of the April 7 Council meeting where Blackwell made reference to a "road dedication." He asked whether the plan is to build a road or a pathway between Upper Kelvin Grove and Upper Lions Bay.

Blackwell clarified that one of the conditions of the subdivision application is that a road dedication be included. "That's not the same as building a road. It's a line on a map."

He said whether or not a road ever gets built on the site is contingent on many other requirements that must be met, and that the designation could also be used to build a pathway, a sidewalk or a trail. He said the designation is essentially dedicating a section of land to provide a road if needed. He suggested that Marsh or any other residents with questions or who required a more detailed explanation could meet with him in his office.

Kelvin Grove resident Vince Reiche then stated his concern that there hasn't been transparency about the work happening in the neighbourhood. He pointed to the use of heavy equipment logging.

"I think we need someone to tell us what's happening," he said.

Blackwell said that this work is on private land, is being overseen by staff and that members of Council are not allowed to intervene. He explained that the work being done is by an individual on his own land, and there is no legislation that allows the Village to be involved in the process. He suggested that if Reiche is wondering what his neighbour is doing, he should knock on their door and ask them.

Blackwell clarified that in the case of rezoning or if a development variance permit was involved, neighbours would be notified, but since Lions Bay has no regulations that limit tree-cutting on private property, the only staff involvement has been to okay a temporary driveway access to allow the equipment onto the site.

Discussion included concerns for public safety, clear-cutting trees and the possibility of a future landslide as a result of the radical change to the landscape. Councillor Neville Abbott pointed out that in a "parallel process" a public hearing is coming up to address changes in zoning standards, and that will offer residents a chance to be heard.

Subdivision Misgivings

Kelvin Grove resident Hanna Bartholomew appeared before Council as a delegation. She presented a number of concerns regarding the subdivision of the property at 250 Oceanview Road (page 5).

These included:

• Not being notified of a proposed subdivision by either the Village or the property owner of that address, and expressed concerned about compliance with the Local Government Act.

• Safety concerns including steep driveway access, vegetation removal leading to slope instability and the increased risk of landslide. She noted the trees being cut are hundreds of years old, that there is a nesting season conflict and that such widespread tree removal increases the risk of landslides.

• She expressed concern over the long-standing impacts to her property

Bartholomew requested that Council conduct a comprehensive review of the proposed construction including independent geo-tech and engineering assessments based on detailed plans of the proposal; examine compliance with bylaws and provincial legislation and offer assurances that no access affecting her property is granted without her informed consent.

She suggested that the clearing of more than 100 trees from the property is inconsistent with both the Lions Bay Tree and Good Neighbour bylaws, as well as the Official Community Plan.

Blackwell reiterated that the work is being done on private property. Bartholomew replied that a clearing of this size is not private business. "If no action is taken," she said, "I am prepared to accelerate this to provincial and federal levels."

Mayor Ken Berry again directed her to speak with staff regarding her concerns.

Subdivision permitting process

The subject of subdivision of property came up again later in the meeting when Council asked DO Eric Villeneuve to walk them through the process of issuing the Temporary Access Permit in Kelvin Grove as a part of the subdivision application.

Villeneuve explained that after the application was received, it was reviewed by staff. Once approved, staff collected a $5,000 damage deposit to cover any losses. In this case, he noted that extra conditions included that the temporary permit would be valid until the end of April, though subject to a one-month extension if needed, and that the removal of the temporary driveway access is required by the end of the project.

In the discussion that followed, it was clarified that if these conditions are not satisfied, the Village can use the damage deposit to complete the removal.

As to the actual subdivision of the property, Blackwell said that in addition to being CAO, he also fulfills the role of Subdivision Approving Officer (SAO) on behalf of the province. He said the decision-making process is isolated from Council, with no option for Councillors to weigh in.

Blackwell noted that subdivision is a mechanism set out in a number of pieces of legislation including the Local Government and Land Title Acts. He said that in order to subdivide a property, the owner needs to meet local zoning requirements for lot size, as well as a long list of regulations. These include such requirements as municipal water and sewer or septic field connections, utilities approvals, a demonstrably viable building envelope, as well as structural and geotechnical specifications, which are all set out in the subdivision servicing bylaw. He said that if the project faces a specification that they can't solve, the process of subdivision does not go forward.

Councillor Ron McLaughlin asked about the implications of having a stream (in this case Rundle Creek) flowing through the property, and whether other government bodies such as Fisheries and Oceans would be involved.

Blackwell explained that subdividing a property can happen regardless of whether a stream is present, but reiterated that the subdivision process is distinct from the building process. He said that if all conditions for subdivision are met, the property owner is free to build on the property in accordance with the zoning bylaw, and the building permit process. Both of these require further rigorous geotechnical, environmental, structural and other engineering standards be met.

Bylaw Amendments

Two new bylaws met with final approval.

• Alternative Means of Publication Bylaw, (page 18). This new bylaw establishes alternative means of publishing statutory public notices and provides optional and emergency notification methods in accordance with the Community Charter. The alternative means decided upon were publication in the Village Update email newsletter. and the Municipal Facebook page, with additional optional notification methods including direct mail to affected property owners or residents, email newsletters or subscriber lists, temporary on-site signage throughout the Village and community bulletin boards.

• An amendment to the Bylaw-Notice Enforcement Bylaw (page 25) was passed. This includes amendments to the water-use bylaws fines and fees, and changes to the indexing for the new Building Bylaw.

FireSmart Funding Resolutions

Council authorized the submission of the 2026 Community Resiliency Investment FireSmart Community Funding and Supports application to the Union of British Columbia Municipalities, seeking funding up to $150,000 for FireSmart activities, emergency planning, and the development of a Community Wildfire Resiliency Plan.

They also agreed to administer the investment from the program, committing to ensuring that all funded activities will be completed within two years of the approval date.

IC asks for a review of Piteau well-water report

The Infrastructure Committee (IC) asked that staff attend the next IC meeting with an eye to updating the Piteau Well-Water Report from 2005, in order to discuss the next steps in the process. The committee also presented a set of draft minutes from their April meeting, for Council's information.

Beach Park to officially open July 1, watercraft storage still a question mark

Councillor Michael Broughton's motion to have an official opening ceremony for the Beach Park Revitalization Project was approved by Council, however his request for $2,000 to cover costs was refused. Instead, Council asked for a breakdown of expenses that will need to be covered.

Broughton's request for an eleventh-hour approval for the construction of watercraft storage was rejected, on the grounds that Council had decided against the storage rack earlier in the project due to the high cost.

Blackwell noted that the cost to build the rack to requested specifications added $300,000 to the budget. He reminded Councillors of the history of their decision-making process, and after discussion it was decided to defer any further action until councillors and staff have met onsite for further consideration of options.

Other Items of Note

• McLaughlin presented a report asking Council to adhere to established meeting procedures, with respect to on-table materials. (page 86). In response, Broughton said he brought on-table items as a courtesy, and to provide further information for other Councillors. Blackwell said that for an item to be introduced on-table, it needs to be both emergent and time sensitive, and that if doesn't meet the criteria, it should be placed on a future agenda.

• The minutes from the regular Council meeting held April 7 were approved as written. (page 9)

• On the Action Items Log (page 60) McLaughlin noted that staff have presented parking plan figures (item 374), and this item can be removed from the list.

• Villeneuve got Council's approval to remove old planter boxes from the Village entrance. The deterioration of the boxes only became evident after last weekend's ivy pull. Blackwell clarified the work may not be done until fall, or when staffing can be arranged.

• Reporting out after the second closed portion of the meeting, Berry said that Council had decided to award the contract for modernizing the Official Community Plan and some bylaws to Modus Planning, a Vancouver company that specializes in the organizing municipal planning.

  
  
  
  

Public Questions & Comments

Hanna Bartholemew returned for the closing session, and spoke passionately about how, as a 34-year resident of the Village, she feels abandoned by staff and members of Council. She pointed out that the removal of trees that have roots under her property could undermine her driveway, and said that mitigation is a huge issue, as consequences of clearing so much land may not be seen for five or ten years. "No one is helping me in this. I feel vulnerable and very, very sad," she said. "After this humongous clearing of trees, how safe am I, living next door? I can't sleep at night. I feel abandoned, and I feel very sad that this is happening in this beautiful village which we cherish so much."

Berry again directed her concerns to staff. Blackwell said that anything a municipality does requires legal authority, and as there is no existing legislation when it comes to land-clearing, the Village has none. He said that Lions Bay could enact a land-clearing or a tree-clearing policy, or a hazardous area development permit, as many other municipalities have done. He said such bylaws could be created through a strategic planning process.

Vincent Reiche returned to ask if the public is free to have a look at the subdivision application for the property in question, and was told that to do so, he would need to file a Freedom of Information request.

Dierdre Bain asked if there would be any consequences to the land-owner for violating the bird-friendly policy, and was told no. She said she was astounded that the subdivision policy has no geotech requirement. Blackwell clarified that there is a geotech element to the subdivision process, but land clearing is a separate issue. He said the homeowner is free to cut trees on his own property, as there are no current regulations to allow intervention.

Turning attention back to the watercraft storage at the revitalized Beach Park, Tamara Leger said Council should be required to provide an internal audit to show where the $300,000 went. She asked how such a significant piece of the project, which had been a part of the initial grant application, was not completed. She also asked if the community would still be on the hook for delivering a watercraft rack to meet the scope of the project.

During the follow-up discussion, Broughton said that the money was not lost, but the scope of the project changed. Blackwell confirmed that the lack of a watercraft rack would not affect the funding of the project.

Abbott asked for a full breakdown of costs of the entire project, including the elements that were removed. When Blackwell pushed back and said he'd give a full accounting once the job was done, Abbott pointed out that there was no need to wait until the last payment was made to get a sense of the Village's financial commitment.

Correspondence

Public correspondence (beginning on page 88) opened with a letter from Metro Vancouver Chair Mike Hurley regarding Metro's ten-year housing plan. (page 89)

Others included:

• Langley Mayor Scott Goodmanson's letter regarding the impact of permanent Daylight Saving Time on safe routes to school for children (page 131).

• Christina Martinello from the Department of Fisheries and Oceans (DFO) in response to the Village's Glass Sponge Reef-Rockfish Conservation Area feedback (page 136). Broughton thanked John Robb and Councillor Neville Abbott of the Climate Action Committee for their efforts, and Abbott said he has met with the DFO.

Resident correspondence was a letter from Penny Nelson regarding the completion of Fee Bylaw amendments (page 138).

The next regular meeting of Council is scheduled for May 5, with the open portion of the meeting beginning at 7 p.m.

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