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DocumentsOtherSep 17, 2018Pages 20–24

Development Variance Permit DVP17-0012 – Centre Mountain Properties (Council resolution & Notice)

Council resolution and public notice regarding DVP17-0012 for Centre Mountain Properties to vary servicing requirements (waive municipal sanitary sewer and CRD water connection) and permit overhead power for multiple Sooke Road parcels.

5.a 5. DEVELOPMENT VARIANCE PERMIT a) DVP17-0012 - Centre Mountain Properties

Key facts

  • Subject PIDs: 030-095-891, 030-095-883, 001-703-374 (addresses 2961, 2965, 3005 & 3021 Sooke Rd)
  • Variances requested: waive connection to municipal sanitary sewer and CRD Water; allow overhead power; vary Subdivision and Development Servicing Bylaw No.1000 Sections (e.g. Section 8.1 and 9.2)
  • Conditions include: registration of covenant requiring connection to City/CRD/authorized third party within 6 months of service extension, proof of potable well if applicable, Fire Underwriters Survey prior to building permits
  • Limit: variance for water requirements permits creation of up to 10 new lots (not including 7 existing) and is valid for up to 10 years

Development Variance Permit (DVP17-0012) — Centre Mountain Properties

Staff Recommendation (verbatim)

That Development Variance Permit No. DVP17-0012 be issued by the Council for the City of Langford to Seamus Brennan, TFIRMA Development Corp on behalf of 1106670 B.C. Ltd., Oakcrest Park Estates Ltd., Keycorp Industrial Developments Ltd., and Roberta Hilda Young to vary the Subdivision and Development Servicing Bylaw No. 1000 requirements to waive the requirement for the proposed business park to connect to the municipal sanitary sewer system and the CRD Water Distribution network and to permit them to install Overhead Power within the subject properties 030-095-891, 030-095-883, 001-703-374; 2961, 2965, 3005 & 3021 Sooke Rd (Centre Mountain Properties) subject to the following terms and conditions:

  1. Variances The following regulations of Subdivision and Development Servicing Bylaw No. 1000 are varied under Section 498 of the Local Government Act: a) That Section 6.1.1 and 6.1.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without connecting to the municipal sanitary sewer system, subject to the following conditions: That a covenant containing the following be registered on the title of the properties, to the satisfaction of the Director of Engineering: i. That the applicant design the on-site sewage disposal system to the approval of Island Health and to the satisfaction of the Chief Building Inspector prior to building permit; and

b) That Section 8.1 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without water supply provided by the City or CRD Water Service, subject to the following conditions: That a covenant containing the following be registered on the title of the subject property, to the satisfaction of the Director of Engineering: i. That all buildings are to be connected to the City’s, CRD Water, or an authorized third party distributer such as Sustainable Services Limited (SSL) water system within six (6) months of such service being extended along the frontage of the subject properties to the satisfaction of the Director of Engineering; ii. That the owner agrees to support any future petition to extend a Public Water Service system to the subject properties; iii. That installation of any on-site plumbing necessary to allow a Public Water Service system to be connected to each building in accordance with the BC Building Code and/or Subdivision and Servicing Bylaw No. 1000, is completed as part of the works and services installed on the subject properties; iv. That the owner prove that a well water supply for potable water is available and the proposed development meets the requirements of the City’s Subdivision and Development Servicing Bylaw No. 1000 in respect of domestic water supply to the satisfaction of the Director of Engineering prior to subdivision approval; v. That the owner demonstrate that the water wells to be used on site will not adversely affect the water supply available to the wells on surrounding properties prior to each subdivision of lands to the satisfaction of the Approving Officer; vi. That each new building install a fire sprinkler system in accordance with the applicable NFPA standard, Building Bylaw No. 1160, and the current BC Building Code to the satisfaction of the Chief Building Inspector; vii. That a fire protection strategy be approved prior to each subdivision of the land to the satisfaction of the Fire Chief and Director of Engineering and be installed prior to the issuance of any Building Permits, including backup generators for any necessary pump systems; viii.That prior to issuance of each building permit the applicant provide a Fire Underwriters Survey or an approved alternative demonstrating the required fire flows are available to the satisfaction of the Langford Fire Chief; and ix. That the variance for water requirements, Section 8.1, is permitted to create up to 10 new lots not including the 7 existing lots and is valid for a maximum of 10 years from the date of issuance. No further subdivision approvals or building permits will be issued after this date unless an adequate City or CRD Water service is available;

AND

c) That Section 9.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without installing underground electrical and telecommunication.

Site map showing subject properties and surrounding parcels
Site map showing subject properties and surrounding parcels

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Notice of Intention to Consider Issuance of a Development Variance Permit

Council for the City of Langford hereby gives Notice of Intention to consider issuance of a Development Variance Permit at its Regular Meeting scheduled for 5:30 pm, Monday, 17 September 2018, in the City Hall Council Chamber on the Third Floor of 877 Goldstream Avenue.

  • File: Development Variance Permit No. DVP17-0012
  • Applicant: Seamus Brennan, TFIRMA Development Corp
  • Location: 030-095-891, 030-095-883, 001-703-374; 2961, 2965, 3005 & 3021 Sooke Rd (Centre Mountain Properties)

Proposal

  1. That Section 6.1.1 and 6.1.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without connecting to the municipal sanitary sewer system; and
  2. That Section 8.1 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without water supply provided by the City or CRD Water Service; and
  3. That Section 9.2 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow subdivision without installing underground electrical and telecommunication.

Purpose

To waive the requirement for the proposed business park to connect to the municipal sanitary sewer system and the CRD Water Distribution network subject to certain conditions and to permit them to install Overhead Power.

The purpose of this Notice is to acquaint the property owners and residents in the area with the specifics of the proposed variance. We request that any written submissions be submitted by Wednesday, 12 September 2018. The submissions will then be distributed for Council's consideration. You may also speak at the Council Meeting of 17 September 2018 during the Public Participation Section at the beginning of the meeting.

Relevant background information and a draft of the permit are available in the Planning Department for perusal Monday through Friday, except Statutory Holidays, during office hours (8:30 am to 4:30 pm). Please contact Leah Stohmann with any questions on this Development Variance Permit.

Braden Hutchins
Director of Corporate Services


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Correspondence — Letter from Neighbouring Property Owners (dated September 10, 2018)

September 10, 2018

To: Langford Mayor and Council

Re: Notice to consider variances of development permit # DVP 17-0012

We, the undersigned property owners are some of the immediate neighbours of the development and would like it known that we are strongly opposed to the variances and have some very deep concerns.

Proposal: 1: This is a very large business park and it is unthinkable to imagine it not being connected to the municipal sewer systems. The possible pollution problems to both Bilston and Metchosin Creeks are just one of our concerns. These creeks provide water to us and farms and residences further down stream. We also have concerns for the fish and water life.

2: To allow this development without city or CRD water services is hard to believe it would even be suggested. The water table has been a good and primary source of water for us and the sparse population in the Bilston Creek and Metchosin Creek watersheds. It also sustains our forests. This water table will no doubt drop with the large usage of this enormous business park. What if there was a fire in one of the businesses within the park? Would there be adequate water to protect these businesses? Is it possible that the creeks and ponds would dry up and the forests in the watersheds die?

3: Langford has had the requirement to install underground electrical and telecommunications in new developments. This is a very forward thinking requirement as it would save upkeep in the future. Does it not make sense that the water and sewer systems be installed at the same time? If this is to be a modern progressive industrial park, we think that ALL services should be installed at the same time.

We know the developers want this business park to be an excellent development and a prideful community landmark so we're sure they'll want the basics looked after properly.

Sincerely:

[Redacted / block-out signature area]

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Extracted from: 20180917-Agenda-Package-REDACTED(80 pages total)