1 00:00:02,800 --> 00:00:10,400 Good afternoon everybody and thank you very much for making the time to attend 2 00:00:07,440 --> 00:00:15,599 this afternoon. Pursuant to section 131 of the community 3 00:00:13,759 --> 00:00:19,279 charter, I'm bringing forward for council's 4 00:00:17,199 --> 00:00:24,560 reconsiderations decision regarding Highland Zoning bylaw number 100. But 5 00:00:22,160 --> 00:00:29,439 before I get into that, I'm going to start the call the meeting to order and 6 00:00:28,240 --> 00:00:33,760 acknowledge we're meeting in the traditional territories of Laquangan 7 00:00:31,439 --> 00:00:38,960 Chinoten and Hulcoming speaking First Nations with whom we are committed to 8 00:00:35,600 --> 00:00:43,280 building stronger working relationships. Today's meeting is being livereamed and 9 00:00:41,520 --> 00:00:47,920 recorded enhancing transparency, inclusiveness, accountability, and 10 00:00:45,760 --> 00:00:51,600 efficiency. Members of the public can watch live or view through the record 11 00:00:49,760 --> 00:00:57,039 view the recording through our meeting portal under the tonight's agenda page 12 00:00:54,800 --> 00:01:01,920 or on the District of Highlands YouTube channel. Information and links to access 13 00:01:00,160 --> 00:01:06,240 the meeting were provided on today's agenda. Um members of the public are 14 00:01:04,799 --> 00:01:09,920 welcome to share their comments during the petitions and delegations of the 15 00:01:08,000 --> 00:01:14,000 meeting either in person or electronically. to speak at the meeting 16 00:01:12,080 --> 00:01:18,880 and receive the Zoom information the public was asked to request to speak 17 00:01:15,840 --> 00:01:23,040 through the meeting portal. So far, Mr. Scott Richardson has registered to speak 18 00:01:20,720 --> 00:01:28,080 and is attending via Zoom. And also, I believe uh we've had an indication that 19 00:01:25,040 --> 00:01:33,119 Karen Burns will also be attending. I thought in person, but 20 00:01:31,040 --> 00:01:37,520 hopefully uh she comes in person. If not, maybe she'll be online. 21 00:01:35,600 --> 00:01:41,920 Anyways, with those additions, I look for approval of the agenda. Moved by 22 00:01:40,079 --> 00:01:47,040 councelor Singh, second by councelor Anderson. All those in favor opposed, 23 00:01:44,240 --> 00:01:55,079 none opposed. That carries. All right. And so if we have our first speaker, 24 00:01:50,320 --> 00:01:55,079 that would be Mr. Richardson. Welcome. 25 00:01:56,640 --> 00:02:05,200 » Thank you, Ken. Mayor, uh, council. Um, first off, oh man, look at you guys back 26 00:02:03,200 --> 00:02:11,440 at it. Um, this has been a really long, incredibly 27 00:02:08,319 --> 00:02:17,200 long, excruciating journey both for you and staff. I can't see staff, but I'm 28 00:02:13,840 --> 00:02:25,440 quite sure they're there. Um, and uh, I just well, I appreciate all that you've 29 00:02:20,239 --> 00:02:30,080 put into trying to get this right. Um, uh, so I wanted to say that at the 30 00:02:26,720 --> 00:02:34,319 outset. Um I also wanted just to reflect on the fact that really the consensus in 31 00:02:32,319 --> 00:02:41,160 the community um just for context was to reroute all 32 00:02:37,840 --> 00:02:41,160 of these properties. 33 00:02:42,239 --> 00:02:52,959 That was the consensus and over uh several months what emerged was what 34 00:02:50,640 --> 00:02:57,040 I would call a compromise significant compromise. 35 00:02:55,120 --> 00:03:02,800 um to do something called regenerative 36 00:02:59,120 --> 00:03:11,000 development. The main feature of which uh as it's explained in the 37 00:03:05,680 --> 00:03:11,000 uh in the documents is net positive. 38 00:03:11,280 --> 00:03:21,200 Um so I think it's just useful to say reing was plan A. Um plan B a great 39 00:03:19,200 --> 00:03:26,959 compromise but if it is not doable there's always plan A. 40 00:03:24,000 --> 00:03:34,000 Um now having said that I don't want to press that point. Uh 41 00:03:31,040 --> 00:03:38,879 I um I although I do note that there was some 42 00:03:37,280 --> 00:03:45,040 I think there was some mention of assessment values. Um there's no assess 43 00:03:42,879 --> 00:03:50,720 assessment value offered for rewed Milstream Meadows. Um, but 44 00:03:49,280 --> 00:03:55,599 related to that, I guess I had a question 45 00:03:53,360 --> 00:04:02,799 because I wasn't I was curious. I wasn't sure how to 46 00:03:59,280 --> 00:04:07,760 how do property assessment values factor in decisions related to this 47 00:04:05,200 --> 00:04:13,040 bylaw or um 48 00:04:10,720 --> 00:04:21,040 uh I think there was some suggestion that the property could even be a a chip 49 00:04:16,560 --> 00:04:26,320 in um treaty negotiations. So, uh, I'm at a lo complete loss as to how th that 50 00:04:23,919 --> 00:04:31,120 those relate or are relevant. Uh, it's not your job to answer every curiosity 51 00:04:28,720 --> 00:04:36,639 or question I have, but I just sort of thought I'd mention that in passing. And 52 00:04:32,960 --> 00:04:40,560 again, I'd like to end with really a big note of appreciation 53 00:04:38,639 --> 00:04:44,960 looking at the sunny day outside and all the other things you guys could be 54 00:04:41,840 --> 00:04:51,040 doing. Um, so thank you very much. >> Thank you. 55 00:04:47,520 --> 00:04:55,120 Do we have uh Karen Burns available? >> Doesn't appear that she's here yet, but 56 00:04:52,800 --> 00:05:00,000 she did send a written submission earlier today that was circulated to 57 00:04:56,880 --> 00:05:04,080 council regarding the bylaw. Um her written submission will be appended to 58 00:05:01,680 --> 00:05:11,800 the agenda for um the public record, but council has received it. 59 00:05:06,960 --> 00:05:11,800 » All right. Thank you. 60 00:05:13,600 --> 00:05:20,720 So going on with 3.1, the bylaw would establish the proposed 61 00:05:18,960 --> 00:05:25,600 general commercial industrial regenerative development M1 RD and 62 00:05:24,080 --> 00:05:33,199 medium commercial industrial regenerative development M2RD zones and 63 00:05:29,440 --> 00:05:36,960 apply the M1RD zone to 1965 Milstream Road, Milstream Meadows. The 64 00:05:35,199 --> 00:05:41,919 recommendation before council was that the bylaw be given first and second 65 00:05:39,280 --> 00:05:46,479 readings. This reconsideration is to provide council with an opportunity to 66 00:05:44,080 --> 00:05:51,840 further reflect on the matter in light of the significant work undertaken to 67 00:05:49,120 --> 00:05:56,240 date. The direction previously provided by council and the broader policy 68 00:05:53,840 --> 00:06:01,039 context established through the official community plan and South Highland's 69 00:05:58,479 --> 00:06:05,199 local area plan processes. Council previously directed that zoning 70 00:06:03,039 --> 00:06:10,240 amendment be prepared, that a public hearing be scheduled, and that an open 71 00:06:08,080 --> 00:06:15,759 house be held to gather public feedback on the proposed zones and resoning. 72 00:06:13,680 --> 00:06:20,240 The proposed bylaw represents the culmination of the resoning application 73 00:06:17,840 --> 00:06:26,400 and the incorporation of the South Highlands local area plan into the into 74 00:06:23,360 --> 00:06:31,600 the official community plan. Reconsideration would not enact the 75 00:06:29,039 --> 00:06:35,440 proposed bylaw. Rather, it would allow council to revisit the matter and 76 00:06:33,919 --> 00:06:40,560 determine whether the bylaw should proceed through the legislative process, 77 00:06:37,759 --> 00:06:46,560 including a public hearing and further consideration. Given the length of time, 78 00:06:43,120 --> 00:06:50,479 this application has been active. The public engagement undertaken to date and 79 00:06:48,800 --> 00:06:55,199 the policy direction previously established by council. I believe it is 80 00:06:53,360 --> 00:06:59,199 appropriate to provide council with an additional opportunity to consider 81 00:06:56,880 --> 00:07:05,599 whether the proposed proposed bylaw should advance to the next stage. 82 00:07:02,240 --> 00:07:12,800 All right. When considering this, I know also we have Quinn Dailyaly from the CRD 83 00:07:09,280 --> 00:07:17,599 uh available soon. So um I believe my briefing portion is finished and I am 84 00:07:14,319 --> 00:07:22,960 going to go on to 3.2 now. And this is where the highlighting zone bylaw um be 85 00:07:21,199 --> 00:07:28,639 considered. And I have some more comments to add right now. And one of 86 00:07:24,960 --> 00:07:34,240 them is that people um this does not what Schlap did made a recommendation 87 00:07:32,160 --> 00:07:39,199 and we all appreciate that hard work and we all appreciate the consultation but 88 00:07:37,120 --> 00:07:43,680 this is not a a departure from the schlap recommendations because on the 89 00:07:40,960 --> 00:07:48,720 schlap recommendations itself it showed properties that had commercial and 90 00:07:46,080 --> 00:07:54,800 industrial buildings on it and these were acceptable. The slot 91 00:07:50,240 --> 00:08:00,800 recommendations were very high high they they encompassed a broad array of ideas 92 00:07:57,680 --> 00:08:06,560 for this area. Now, what's come to light that didn't happen before was that there 93 00:08:03,520 --> 00:08:12,800 have been several inquiries by the by the CRD and others 94 00:08:10,240 --> 00:08:18,479 that this property the property 1965 Milstream thing has their property 95 00:08:14,960 --> 00:08:23,440 values have been affected from the original plan from the original zoning 96 00:08:20,639 --> 00:08:29,280 potential of commercial and industrial to the point now where the property 97 00:08:25,680 --> 00:08:34,880 values are lowered by in one case 66% % in another case 90% somewhere that's 98 00:08:32,640 --> 00:08:39,440 pretty and I want to ask council if their own properties were devalued 60% 99 00:08:37,680 --> 00:08:44,800 or 99%. Now, how would that feel? You know, and 100 00:08:42,320 --> 00:08:50,640 this is something that is an actual fact. 101 00:08:47,279 --> 00:08:55,279 So, what we want to do is we look at that. We have the three pillars that we 102 00:08:53,040 --> 00:09:00,080 have economic, social, and financial. So, we're going off the start here with 103 00:08:57,519 --> 00:09:05,600 a actual very negative economic potential, a net negative 104 00:09:03,519 --> 00:09:09,920 potential of this loss of potential property value. And it's something that 105 00:09:08,080 --> 00:09:15,200 directly affects and it's why when I talk to CRD directors and staff that 106 00:09:13,120 --> 00:09:21,920 they are concerned they're concerned about this and what we can do is I want 107 00:09:18,880 --> 00:09:26,959 to explain that the schlap allows this kind of thing. It it's already in the in 108 00:09:24,800 --> 00:09:30,560 in the report. That's what we'd like to engage. I think council always planned 109 00:09:28,640 --> 00:09:38,560 to engage and to put these kind of things into our OCP um and as a as a 110 00:09:35,519 --> 00:09:43,440 zoning and by no way does this affect all the good positive net positive 111 00:09:40,560 --> 00:09:47,600 things that can happen there and like I say I appreciate all the work and all 112 00:09:45,120 --> 00:09:54,320 the consultation but what we want to do is be able to market this property at a 113 00:09:50,640 --> 00:09:58,399 value that a you know corrects what's happened to the property valuations. So 114 00:09:56,560 --> 00:10:01,600 what'll happen here is we can bring bring the marketability up to what I 115 00:10:00,160 --> 00:10:05,839 believe would be a more fair market value. That would be a win for our our 116 00:10:04,560 --> 00:10:10,640 good friends and neighbors and neighboring municipalities who have 117 00:10:08,240 --> 00:10:15,279 spent a lot of taxpayers dollars as Highlands also has spent a lot of 118 00:10:12,640 --> 00:10:20,160 taxpayers dollars on this remediation. So, this would give it a chance to, you 119 00:10:17,839 --> 00:10:25,040 know, to recover some of those funds and it's really still fitting within uh the 120 00:10:22,959 --> 00:10:32,640 reports and the comments from the Schlatt group that uh that the council 121 00:10:28,399 --> 00:10:37,040 has embraced. Um, all we want is a fair hearing on this. All we want is to I 122 00:10:35,440 --> 00:10:40,480 think the public weigh on it because I think that that fact that's kind of a 123 00:10:38,800 --> 00:10:44,079 bit of a new information and it kind of surprised me when I heard of this 124 00:10:42,480 --> 00:10:48,880 devaluation. I'm sure it surprised everybody, but I think we can correct 125 00:10:46,560 --> 00:10:53,440 this. And an easy way to do it is to continue the process that we we started 126 00:10:51,440 --> 00:11:01,040 here. And I think we should continue that. An easy way I think mostly it's a 127 00:10:56,880 --> 00:11:05,680 um it's a bit of maybe a confusion of what what's there right now that and 128 00:11:03,279 --> 00:11:10,720 it's we've have that potential to to correct that confusion. If we can make 129 00:11:07,760 --> 00:11:15,200 that clear to people so that the our property values are fair property 130 00:11:12,480 --> 00:11:18,800 values, then I think it'll be a win-win for the CRD and the people who funded 131 00:11:17,120 --> 00:11:25,279 this. It'll be a win-win for Highlands taxpayers and we haven't lost anything 132 00:11:22,000 --> 00:11:29,600 on the all the other fine points of of uh climate mitigation and the 133 00:11:28,079 --> 00:11:35,360 environment because they're all still intact and all still there. And uh as 134 00:11:32,959 --> 00:11:40,560 you as councils wear aware well well that time there are time considerations 135 00:11:38,160 --> 00:11:46,240 here and so I really appreciate your help with this. 136 00:11:43,440 --> 00:11:52,800 That's what I have to say and uh I don't know if council has any comments on on 137 00:11:48,720 --> 00:11:56,600 council Anderson. I don't have the uh the special device 138 00:11:57,279 --> 00:12:01,160 staff will help me there. 139 00:12:01,279 --> 00:12:06,440 We're just pausing a sec to get our communicator going. 140 00:13:01,040 --> 00:13:05,680 There we go. >> There we go. Councelor Henderson, you're 141 00:13:04,800 --> 00:13:09,839 online. >> Uh, thank you very much, Mr. Mayor. And 142 00:13:07,440 --> 00:13:14,000 I have a question that I expect is through the mayor to staff, if I may. 143 00:13:11,600 --> 00:13:18,959 Just a process question because we don't um have the benefit of entertaining 144 00:13:16,560 --> 00:13:23,120 reconsideration very often. Um and my question is are there any constraints 145 00:13:21,120 --> 00:13:28,880 that we should be aware of about what what is involved in any reconsideration 146 00:13:25,279 --> 00:13:31,680 discussion? So for example um prior to putting any motion on the floor, can we 147 00:13:30,480 --> 00:13:36,480 engage in questions or some brainstorming? Uh are we restricted to 148 00:13:33,920 --> 00:13:39,680 the motion that we we spoke to last time? Are there any any elements like 149 00:13:38,240 --> 00:13:43,839 that that we should be aware of before we get underway? 150 00:13:41,760 --> 00:13:47,839 So, the motion that you're considering under the reconsideration is the one on 151 00:13:45,760 --> 00:13:55,120 the agenda, which also includes the amendment that um was um approved by 152 00:13:50,639 --> 00:14:01,199 council, and that's what um you should be considering tonight or today. Um but 153 00:13:58,639 --> 00:14:07,639 you can still make amendments to the motion that's on the table. Um or you 154 00:14:03,680 --> 00:14:07,639 can make other motions. 155 00:14:09,920 --> 00:14:18,720 » Right. Just a question. Council Mlean. >> Thank you, Mr. Ear. Um, 156 00:14:16,800 --> 00:14:23,360 so I'm sorry. Are we being limited to questions to staff right now? 157 00:14:21,199 --> 00:14:27,360 » We can go questions, but the the motion's going to be there for 158 00:14:24,959 --> 00:14:30,160 consideration. Questions can be first. Sure. 159 00:14:28,079 --> 00:14:35,600 » Well, um, 160 00:14:31,680 --> 00:14:43,680 actually, I'd like to make some points. Um so going through the um survey again 161 00:14:41,440 --> 00:14:50,160 today which was the recent survey for the open house that the district held on 162 00:14:46,560 --> 00:14:57,680 July 22nd 2026 evening. Um although there was only nine people 163 00:14:54,079 --> 00:15:03,920 in attendance staff reports and only eight people completed survey responses 164 00:15:00,800 --> 00:15:11,519 which is of course a small snap snapshot but however um I uh value their um 165 00:15:07,279 --> 00:15:18,000 efforts and uh opinions and um what appeared to me to be mostly 166 00:15:14,399 --> 00:15:22,399 um of uh importance to them as as the question was posed in the survey 167 00:15:20,800 --> 00:15:30,000 um was not uh much support towards local 168 00:15:25,920 --> 00:15:35,760 jobs, recycling and circular economic activities. 169 00:15:31,680 --> 00:15:43,920 Um and none of the eight respondents had remediation cost recovery as a matter of 170 00:15:40,880 --> 00:15:50,320 import of importance to them. So, and uh also out of the survey when 171 00:15:47,600 --> 00:15:57,839 considering future uses in the regenerative development area, um this 172 00:15:54,800 --> 00:16:02,880 the uh respondents uh indicated 173 00:16:00,320 --> 00:16:07,759 of course their residents that um they're still looking for the net 174 00:16:04,720 --> 00:16:13,341 positive impacts as set out in the Highlands official community plan with a 175 00:16:10,399 --> 00:16:17,120 reputable means for measurement. >> [snorts] 176 00:16:13,920 --> 00:16:23,120 » Pardon me. And um there out of the survey there appears to be a a a 177 00:16:19,440 --> 00:16:28,000 preference for uh possible uh commercial development over low-end industrial 178 00:16:26,160 --> 00:16:34,320 parks. um as well as there was from my 179 00:16:31,519 --> 00:16:41,279 perspective and my read low support for the questions specific to composting and 180 00:16:37,839 --> 00:16:47,120 recycling facilities as well as aerobic composting facility. 181 00:16:43,839 --> 00:16:51,839 So, and there were additional um negative comments on using the word 182 00:16:50,000 --> 00:16:56,240 industrial um 183 00:16:54,160 --> 00:17:03,839 for the for lands in the South Highlands. 184 00:17:00,240 --> 00:17:10,160 So, I just wanted to um uh resurrect that that has for me that has some 185 00:17:08,799 --> 00:17:15,760 influence. And then we have some correspondence from some residents 186 00:17:12,480 --> 00:17:22,959 today. one of them. Mr. Scott Richardson was a member of the South Highlands 187 00:17:17,839 --> 00:17:28,079 Local Area Plan Task Force. Um, uh, Karen Burns was not, 188 00:17:25,679 --> 00:17:32,880 uh, she provided some input as well. I appreciate that that input and the time. 189 00:17:30,632 --> 00:17:34,720 [laughter] and uh councelor Anderson as we know is the 190 00:17:34,562 --> 00:17:41,280 » [clears throat] >> um council liaison to uh the South 191 00:17:38,240 --> 00:17:45,679 Highlands local area plan and I was the uh alternate for council and we all 192 00:17:43,679 --> 00:17:51,200 attended uh [clears throat] both of us all attended the meetings and read the 193 00:17:47,520 --> 00:17:55,600 material and um I as I indicated before I read all the comments 194 00:17:53,520 --> 00:18:02,160 uh the survey um which were quite high um I think 195 00:17:58,960 --> 00:18:08,320 there was close to 300 uh surveys that were completed out of that 196 00:18:05,840 --> 00:18:16,240 uh exercise for the South Highlands local area plan. 197 00:18:11,760 --> 00:18:22,799 So, um I find this to be a bit of a 198 00:18:19,520 --> 00:18:29,039 conundrum and um I guess I too would perhaps would like 199 00:18:24,640 --> 00:18:34,799 to know from the province what what the hurry is on on this 200 00:18:31,919 --> 00:18:40,559 because from it's my understanding it's the province of BC that is uh pushing 201 00:18:38,320 --> 00:18:45,360 the District of Highlands and perhaps the capital regional 202 00:18:42,400 --> 00:18:52,480 district staff to come to some resolution on the property known as 1965 203 00:18:49,440 --> 00:18:57,520 Milstream Road. So I I don't know exactly why and I think it would be 204 00:18:54,960 --> 00:19:02,960 respectful and appropriate for the province to provide us with that 205 00:18:59,360 --> 00:19:10,160 information. Albeit that I realize that um perhaps the pro province doesn't 206 00:19:06,160 --> 00:19:15,600 particularly care too much uh of the Highlands needs. I don't know. But um 207 00:19:13,200 --> 00:19:20,000 anyway, so I just wanted to make those uh comments because I bothered to write 208 00:19:17,200 --> 00:19:23,360 them up today. Thank you. >> Thank you. 209 00:19:21,760 --> 00:19:27,360 All right. Uh I'm just going to ask staff do do uh for the motion for 210 00:19:25,600 --> 00:19:31,120 reconsideration does have to be restated now or is it just fine the way it is on 211 00:19:30,480 --> 00:19:34,799 the paper? >> I would suggest restating it. I would 212 00:19:33,200 --> 00:19:39,919 restate it. >> So whoever's whoever's moving some does 213 00:19:37,440 --> 00:19:45,600 someone want to move it and state it? >> Yeah. And if if there are no further 214 00:19:42,160 --> 00:19:49,600 questions I would like to move it. Have another question. 215 00:19:47,360 --> 00:19:52,799 » Yes. [snorts] >> Go ahead. customer. 216 00:19:50,400 --> 00:19:58,799 » Thank you, Mr. Mayor. So, yes, I do have a question through to staff um just 217 00:19:56,000 --> 00:20:05,760 regarding um um the fact that um today in the 218 00:20:01,840 --> 00:20:10,400 Goldstream Gazette, there is a advertisement 219 00:20:07,760 --> 00:20:17,600 posted for the public hearing on September 8th for 1965 Milstream 220 00:20:13,760 --> 00:20:24,960 Property regarding the reszoning. And I'm just very curious as to why that has 221 00:20:21,280 --> 00:20:32,240 moved ahead when um it wasn't necessarily known at the time that um 222 00:20:28,159 --> 00:20:38,320 council was going to um support staff's recommendation or not. Thank you. 223 00:20:36,000 --> 00:20:44,559 So, um, at a previous meeting, council did, um, indicate that they stated the 224 00:20:41,280 --> 00:20:49,440 date would be, um, September 8th for a public hearing. Um, to be able to meet 225 00:20:47,600 --> 00:20:54,640 the legislative advertising requirements, it would have needed to be 226 00:20:52,000 --> 00:20:59,919 in this paper and the following paper. And to get it into the paper, we have to 227 00:20:57,039 --> 00:21:08,880 have it um to them by Friday morning prior to like Friday last week. So, we 228 00:21:04,880 --> 00:21:15,039 put it in hoping that um we could cancel it in time, but it was not an option. It 229 00:21:11,840 --> 00:21:19,760 had to be cancelled by noon on Monday. Um and so we will be putting if it does 230 00:21:18,159 --> 00:21:23,600 not go forward to public hearing, we'll be putting an advertisement in the paper 231 00:21:21,679 --> 00:21:26,799 indicating that it has been cancelled in the following newspaper. 232 00:21:25,600 --> 00:21:32,080 Yes. >> Yes. It was council resol res resolution 233 00:21:29,440 --> 00:21:35,799 um to hold a public hearing >> on September 8th. 234 00:21:36,720 --> 00:21:46,240 » All right. Any questions? Seeing none, I I will make that motion. And that 235 00:21:42,480 --> 00:21:55,919 Highlands winning bylaw number 100 1998 amendments number 49 M1 RD M2RD 1965 236 00:21:52,159 --> 00:22:00,880 Milstream Road bylaw number 488 2026 be given first and second readings as 237 00:21:57,919 --> 00:22:06,080 amended to add industrial uses within the zone shall exclude wrecking and 238 00:22:02,960 --> 00:22:12,480 salvaging operations to six section 11.5.21 239 00:22:07,600 --> 00:22:16,760 to one of schedule B to bylaw 488. That's the motion. Do I have a seconder? 240 00:22:41,440 --> 00:22:47,280 Gord. >> Yeah. Thank you, Mr. Mayor. Um, don't 241 00:22:45,440 --> 00:22:52,880 see a seconder. So, I would like to propose a motion 242 00:22:50,400 --> 00:22:58,000 arising from this topic and uh I've written one out and I'll 243 00:22:55,840 --> 00:23:01,280 pass it out to all the individuals uh because it's got a couple bits and 244 00:22:59,520 --> 00:23:05,840 pieces of components and it's easier to have in front of you when I read it out. 245 00:23:03,039 --> 00:23:10,200 So, I'm just going to pass it out and I will read it. 246 00:23:44,720 --> 00:23:52,240 So, the motion is that staff be directed to write to 247 00:23:50,159 --> 00:23:57,200 the Capital Regional District advise that council would welcome a new 248 00:23:54,240 --> 00:24:01,840 resoning application for 1965 Milstream Road prepared and submitted by the 249 00:23:59,440 --> 00:24:06,640 Capital Regional District as owner and to convey A the following considerations 250 00:24:04,480 --> 00:24:12,960 for council's benefit in addressing such an application. A that the zone be 251 00:24:09,600 --> 00:24:18,480 crafted by the applicant drawing on the South Highlands local area plan, the 252 00:24:15,919 --> 00:24:22,799 regenerative development designation, development permit area 4, and the 253 00:24:21,039 --> 00:24:27,600 community input received through the process to date. 254 00:24:24,960 --> 00:24:32,640 B. That the application include measurable performance metrics 255 00:24:29,360 --> 00:24:38,000 addressing some or all of water, waste, storm water, energy, carbon, and ecology 256 00:24:35,840 --> 00:24:43,440 habitat. C. that the metrics need not meet a full 257 00:24:41,600 --> 00:24:48,559 regenerative development standard in every category, but that one or more 258 00:24:45,840 --> 00:24:55,679 metrics be demonstrabably net positive against the stated baseline as per date 259 00:24:51,279 --> 00:25:00,799 of as per stated baseline as per date of the certificate of compliance. 260 00:24:58,640 --> 00:25:05,440 D. All rain water and storm water falling on the site be used on site with 261 00:25:03,520 --> 00:25:11,200 any excess being used to support ecological flows. 262 00:25:07,840 --> 00:25:16,159 E. The application may identify a community amenity offered voluntarily by 263 00:25:14,240 --> 00:25:20,880 the applicant in support of the application. 264 00:25:18,400 --> 00:25:25,120 F that the application identify for each proposed metric the 265 00:25:23,120 --> 00:25:31,360 instrument for which it would be made enforceable either through zone text 266 00:25:27,919 --> 00:25:36,559 amended DP permit area guidelines under section 490 and 491 of the local 267 00:25:33,600 --> 00:25:40,559 government act and that council confirm that it will receive such an application 268 00:25:38,559 --> 00:25:43,760 and that any reapplication interval under the district's development 269 00:25:41,840 --> 00:25:46,760 application procedures be waved for this purpose. 270 00:25:47,279 --> 00:25:55,080 So, I'm hoping that might be seconded. >> Oh, thanks. 271 00:25:51,039 --> 00:25:55,080 » Thanks. I'm going to speak to it. 272 00:25:56,640 --> 00:26:04,559 So, I think that Mr. Richardson spoke about his appreciation of all the work 273 00:26:02,159 --> 00:26:08,960 that's gone into this so far. And I want to start with something that I mean 274 00:26:06,559 --> 00:26:12,799 quite sincerely that the CRD is an exceptional organization with 275 00:26:10,960 --> 00:26:17,440 exceptional staff. I've had the privilege of working alongside them for 276 00:26:14,400 --> 00:26:23,360 12 years. Nothing I'm about to say is a criticism of them. 277 00:26:21,200 --> 00:26:28,400 And let me concede the obvious that this isn't the outcome anyone at this table 278 00:26:25,279 --> 00:26:33,039 wanted. Uh we've put real time into this. 279 00:26:30,559 --> 00:26:36,960 But here we are. There is no assessment tool. And even though the tool and even 280 00:26:35,120 --> 00:26:40,400 if the tool existed, there is no development in front of us to assess it. 281 00:26:38,799 --> 00:26:45,679 It's kind of like being asked to build a lock before anyone has shown us the 282 00:26:42,159 --> 00:26:50,240 door. It's a big ask when frankly we have more limited capacity and resources 283 00:26:48,159 --> 00:26:54,400 in relation to what the CRD has to draw upon. 284 00:26:51,760 --> 00:26:58,240 It's worth remembering how we got here. When this first came forward, it was 285 00:26:56,400 --> 00:27:02,720 bundled alongside a proposal this community had deep concerns about. The 286 00:27:00,480 --> 00:27:06,799 adjoining application was denied. This one was placed in hold. And when this 287 00:27:04,880 --> 00:27:10,480 community was carrying the weight of the provincial process for the neighboring 288 00:27:08,400 --> 00:27:15,200 property, we had asked for a letter of support. It came, but it came after the 289 00:27:12,960 --> 00:27:19,520 commenting window had closed. Our community did that work alone and we 290 00:27:17,440 --> 00:27:24,240 paid for it alone. And out of that came the task force and out of the task force 291 00:27:21,600 --> 00:27:28,400 came slap the very plan that we're working from today. 292 00:27:26,480 --> 00:27:34,640 But the question I put to us is is simply whose application is it? The CRD 293 00:27:32,080 --> 00:27:38,559 owns the land. The CRD knows what it intends to do with it and understands 294 00:27:36,480 --> 00:27:44,240 the constraints on it better than anyone. The CRD has the planning staff, 295 00:27:42,240 --> 00:27:48,799 the ecological environmental staff, and the engineering staff resources that we 296 00:27:46,640 --> 00:27:52,880 just don't have. What I'm proposing cost the district 297 00:27:50,799 --> 00:27:57,360 nothing but a letter. It asks the owner to come forward with a zone drawing from 298 00:27:54,960 --> 00:28:03,440 the work we are we've already done with real numbers on water, stom water, 299 00:27:59,679 --> 00:28:07,440 energy, carbon, waste, ecology, habitat. at least one of them net positive with 300 00:28:05,440 --> 00:28:11,440 particular attention tied to water staying on site and used to support 301 00:28:09,360 --> 00:28:14,880 ecological flows and with an understanding that if an amenity were 302 00:28:13,120 --> 00:28:19,840 voluntarily offered the community would consider it and I don't think that's a 303 00:28:17,360 --> 00:28:23,760 door closing I think it's an invitation and I think it's the right one to extend 304 00:28:22,000 --> 00:28:27,720 and I would hope that I can gain the support of council for this 305 00:28:28,399 --> 00:28:34,720 Councelor Rousley, >> thank you. Um, I would support this 306 00:28:32,559 --> 00:28:40,480 motion. I think that's a good solution and and I would ask through the mayor to 307 00:28:37,200 --> 00:28:46,240 staff whether they have I know this is short notice, but whether they have had 308 00:28:42,720 --> 00:28:51,000 a chance to consider uh this motion and whether they have any response. Thank 309 00:28:48,000 --> 00:28:51,000 you. 310 00:28:53,360 --> 00:29:00,840 » Through the mayor. Um, I think it's a sound motion. Um, 311 00:29:02,720 --> 00:29:09,919 it it it doesn't talk about uh covenant. I I'm not sure. I can't I apologize that 312 00:29:08,320 --> 00:29:15,919 I don't know off my off the top of my head what 490 and 491. 313 00:29:13,279 --> 00:29:22,520 » Okay. So, so I think that was the an important factor that um the CRD 314 00:29:18,320 --> 00:29:22,520 mentioned. Um, 315 00:29:28,240 --> 00:29:36,559 yeah, I I think it's a sound motion. >> Thank you. I I appreciate that response 316 00:29:33,360 --> 00:29:42,159 and and I'm going to ask if if there were to Amanda, please, if there were 317 00:29:39,440 --> 00:29:46,480 any um [clears throat] legal flags in the motion, whether whether anything in 318 00:29:44,080 --> 00:29:50,399 that sort of perk perked your legal ears. Thank you. 319 00:29:51,279 --> 00:29:58,799 Um, I don't see anything off the top of my head without looking 320 00:29:55,760 --> 00:30:03,440 at it closer um that it wouldn't um there would be any legal red flags or 321 00:30:00,880 --> 00:30:08,960 anything like that. >> Once again to to our planner. Thank you. 322 00:30:06,080 --> 00:30:14,159 » So through the mayor again um that the zone be crafted by the applicant. I 323 00:30:11,440 --> 00:30:20,240 would I would caution on that. Um that's something the district should do. Uh we 324 00:30:16,720 --> 00:30:26,399 always ask an applicant to review a zone once we've put it together. Um because 325 00:30:23,520 --> 00:30:32,559 it's their it's their land. We want it to be what we need it to be. So I think 326 00:30:30,000 --> 00:30:36,640 uh director to write to would welcome a new resoning application prepared and 327 00:30:34,480 --> 00:30:41,840 submitted to convey the following considerations. So um that's the only 328 00:30:40,000 --> 00:30:47,200 comment I would make that I I would not I would not expect an applicant to draft 329 00:30:44,159 --> 00:30:54,159 a zone for us. Sometimes it's helpful um but it wouldn't be an expectation 330 00:30:49,440 --> 00:31:00,720 » and and so would it be more uh would it be uh better to say that a zoning 331 00:30:57,760 --> 00:31:02,720 application be drafted by the applicant >> or the proposal 332 00:31:02,000 --> 00:31:04,720 » a proposal >> that the proposal be crafted by the 333 00:31:04,320 --> 00:31:09,840 applicant. >> Okay. Well, with that with that a I 334 00:31:06,880 --> 00:31:17,120 would make that amendment then that the that the zone be propo that the proposal 335 00:31:13,039 --> 00:31:21,279 by the applicant drawing etc rather than the zone be crafted. 336 00:31:19,871 --> 00:31:24,760 [snorts] Now we have a second. 337 00:31:25,120 --> 00:31:30,520 Okay. Discussion on the amendment Charlie 338 00:31:33,360 --> 00:31:40,831 Mlan. >> Thank you, Mayor. Um, can I could just 339 00:31:37,200 --> 00:31:43,679 get uh clarification on which uh [snorts] 340 00:31:41,440 --> 00:31:46,880 letter of the alphabet uh councelor Rousing is speaking to? 341 00:31:44,960 --> 00:31:50,960 » I'm talking to the A section of the motion that begins. Okay. 342 00:31:48,880 --> 00:31:55,679 » That the zone be crafted that a proposal. That's 343 00:31:52,320 --> 00:31:58,679 » all you need to say is a Um, 344 00:31:59,360 --> 00:32:08,559 so this is just on the amendment. So I um I will leave my uh comments for now. 345 00:32:05,360 --> 00:32:16,720 However, I will say I guess um I will say um I have spoken to this in the past 346 00:32:13,279 --> 00:32:20,720 at this council table. I had queried why aren't we letting the capital regional 347 00:32:18,480 --> 00:32:26,799 district submit their own resoning application and proposal 348 00:32:23,440 --> 00:32:31,679 um and and see what they come up with and um 349 00:32:29,760 --> 00:32:35,640 so I'll leave it at that in respect to the amendment. Thank you. 350 00:32:39,200 --> 00:32:44,880 » I don't see any other speakers. So I'll take a vote on the amendment. All those 351 00:32:43,120 --> 00:32:51,679 in favor opposed and none opposed. That carries 352 00:32:48,559 --> 00:32:55,880 on to back to the main motion. As do we have any other speakers on this? 353 00:32:59,519 --> 00:33:07,279 Councelor Anderson. >> Uh thank you, Mr. Mayor. And I first I 354 00:33:05,200 --> 00:33:10,880 just want to say thank you um councelor B for taking the time. Presumably it 355 00:33:09,279 --> 00:33:15,360 took quite a bit to put this together. I mean, I've been struggling with wanting 356 00:33:13,440 --> 00:33:19,600 to find some way that sounded like a path forward and I I wasn't really 357 00:33:17,919 --> 00:33:24,080 coming up with much that felt helpful. So, I think this is an interesting 358 00:33:22,000 --> 00:33:28,480 approach and I think it's one really one that that makes some sense to to 359 00:33:26,000 --> 00:33:32,080 certainly consider. Um, I'm just I'm curious if I could have a question 360 00:33:30,000 --> 00:33:40,559 through to staff from a process perspective then. Um would this mean 361 00:33:35,519 --> 00:33:45,200 that we would be waiting for uh the CRD presuming they would be willing to do 362 00:33:42,080 --> 00:33:48,320 this which we don't know for sure but um would we just then be in a position of 363 00:33:46,799 --> 00:33:53,279 waiting for them to bring something forward. 364 00:33:50,080 --> 00:33:59,519 » So through the mayor yes >> thank you. Uh yeah, I'm in support of 365 00:33:56,240 --> 00:34:03,440 this. The the most robust response I've seen so far that that helps us um 366 00:34:02,000 --> 00:34:07,279 continue to move this forward because I'm not interested in standing in the 367 00:34:04,960 --> 00:34:11,280 way of this. It's just we need some way to do it in in a fashion that allows us 368 00:34:09,359 --> 00:34:14,399 to actually, you know, articulate what's going on 369 00:34:12,879 --> 00:34:17,599 through the South Island local area plan. And we were we're like a lot of 370 00:34:16,240 --> 00:34:24,480 that work has been done and I'm glad it's referenced here. Um so maybe maybe 371 00:34:20,320 --> 00:34:26,800 this is a strong a strong suggestion. sourcing. 372 00:34:25,119 --> 00:34:32,480 » Thank you. My light's still on. Yeah, I I think we've been floundering a bit uh 373 00:34:29,200 --> 00:34:38,000 just because of unknowns and and to look at a proposal seems to me a lot easier 374 00:34:35,200 --> 00:34:44,879 than to try and create a proposal out of thin air. So, uh, I I think it's I think 375 00:34:41,599 --> 00:34:51,040 it's a great solution and it it gives us I doubt I doubt this council will see 376 00:34:47,440 --> 00:34:56,240 it, but uh it it gives us something to which to react rather than to create our 377 00:34:54,079 --> 00:35:03,839 own. I hope it I hope it relieves our staff of some of some pressure and uh 378 00:34:59,200 --> 00:35:09,000 and uh some some discomfort. So, so, uh, I'm I'm glad to throw this over to 379 00:35:06,000 --> 00:35:09,000 Cardi. 380 00:35:09,040 --> 00:35:18,800 » Quiet. >> Thank you, Mr. Mayor. So, um I would um 381 00:35:14,880 --> 00:35:24,720 actually like to get um confirmation as to who actually owns this property 382 00:35:21,680 --> 00:35:33,760 because I uh one of the CRD staff at a previous meeting uh here with council 383 00:35:28,000 --> 00:35:39,280 and staff um indicated that um the CRD does not own the property fee simple. 384 00:35:37,040 --> 00:35:43,520 And so I really don't know who the register owner is. I know approximately 385 00:35:41,839 --> 00:35:49,119 1985 the province 386 00:35:46,320 --> 00:35:55,599 turned it turned it over I've looked at the wording it doesn't get very explicit 387 00:35:52,720 --> 00:36:02,480 they turned it over to the capital regional district and um so just so we 388 00:36:00,000 --> 00:36:07,680 know who we're waiting to hear from if if if we could um have that clarified I 389 00:36:06,079 --> 00:36:11,760 think that would be helpful thank you through the chair to staff or whoever 390 00:36:09,839 --> 00:36:14,920 can answer that in the very near future. Thank you. 391 00:36:16,320 --> 00:36:22,480 » I I would suggest uh Mr. Dailyaly is probably the best person to answer that 392 00:36:21,520 --> 00:36:30,240 question. >> Fine with the uh council accept that. 393 00:36:27,119 --> 00:36:34,720 » Okay, Mr. Daly. >> Uh thanks very much. Um yeah, and thanks 394 00:36:32,960 --> 00:36:39,040 for the question. It is through the mayor. Uh it it is uh a somewhat 395 00:36:37,119 --> 00:36:46,320 complicated answer, so I apologize that I can't to say uh yes or no. Um the the 396 00:36:43,440 --> 00:36:52,000 land was transferred to the CRD through what's called a sponsored crown grant uh 397 00:36:48,880 --> 00:36:58,000 with a reverter clause on the title. So if you actually go into the um the 398 00:36:54,960 --> 00:37:03,520 torrent system and look at the legal uh description and and standing of this 399 00:37:00,320 --> 00:37:08,240 this property, it does say CRD is the owner. It also has a notation that if 400 00:37:05,359 --> 00:37:16,240 it's not being used for septic lagoon purposes that the province has the right 401 00:37:10,560 --> 00:37:22,480 to revert it back to crown land status. So that is where the ambiguity in 402 00:37:19,920 --> 00:37:28,800 ownership is coming from. We we do not own the full package of of rights uh 403 00:37:26,560 --> 00:37:36,400 that we would under a normal fee simple ownership model. We for example could 404 00:37:32,000 --> 00:37:41,359 not um move forward any with any um anything that's going to impact the 405 00:37:38,400 --> 00:37:49,040 title without the province accepting that uh um that at that action. Um 406 00:37:45,920 --> 00:37:55,599 similarly with resoning we will have to uh with an application for resoning we 407 00:37:51,440 --> 00:37:59,119 will have to receive um uh compliance from or sorry confirmation from the 408 00:37:57,440 --> 00:38:05,320 province that they will allow us to make that application if we do decide to go 409 00:38:01,839 --> 00:38:05,320 down that path. 410 00:38:05,599 --> 00:38:13,280 » Thank you for that. And as we've just found out, the CRD isn't 411 00:38:11,280 --> 00:38:18,800 responsible for all the zoning decisions on this and that it would require the uh 412 00:38:16,400 --> 00:38:24,079 participation of the province for this. So in that sense, the motion uh fails 413 00:38:22,079 --> 00:38:30,000 from that point of view because it's just going to half half the owner. So we 414 00:38:26,880 --> 00:38:36,400 can't uh cause that uh discrepancy to allow that to go forward for us. 415 00:38:34,480 --> 00:38:42,400 Go ahead, councelor Baron. Yeah, thank you, Mr. Mayor. Um, the the 416 00:38:39,680 --> 00:38:46,800 determination of that uh to me sort of fails the test because it was the CRD 417 00:38:45,119 --> 00:38:50,079 that originally brought the very first resoning. 418 00:38:47,839 --> 00:38:54,560 » So, if that was the case, the CRD would be very well aware that they have that 419 00:38:51,920 --> 00:39:01,640 opportunity. So, I think that that uh discussion point as to this motion 420 00:38:56,400 --> 00:39:01,640 failing uh doesn't uh doesn't stand. 421 00:39:02,480 --> 00:39:12,160 » I'd pose that question to Mr. Daly. Um yeah, I would say that we are able to 422 00:39:09,520 --> 00:39:17,599 take the uh take the the request forward. It's just the final 423 00:39:14,880 --> 00:39:23,839 determination would require input from the from the province. So what um what 424 00:39:22,079 --> 00:39:29,359 is going to happen is if we put in a resoning application um then we will 425 00:39:27,839 --> 00:39:34,560 have to reach out to the province and receive permission and we have we did do 426 00:39:32,400 --> 00:39:39,119 that with the 2015 uh resoning application and did receive approval at 427 00:39:37,440 --> 00:39:46,320 that time. >> Thank you councelor. 428 00:39:42,720 --> 00:39:51,359 » Thank you Mr. Mayor. Um after 12 years of sitting on the climate action 429 00:39:47,839 --> 00:39:58,000 intermunicipal task force, there were a lot of conversations about obviously 430 00:39:54,079 --> 00:40:04,800 climate change adaptation, mitigation uh through economic 431 00:40:00,400 --> 00:40:10,560 uh social and uh habitat, you know, nature-based uh type lenses. 432 00:40:08,720 --> 00:40:17,920 uh 12 years of it. In fact, there's a lot of discussion on that and I know 433 00:40:13,280 --> 00:40:23,040 that the CRD has an incredible um team of people with expertise in all of these 434 00:40:20,640 --> 00:40:28,560 different areas that uh could potentially put something together. um 435 00:40:26,240 --> 00:40:36,240 whether or not a proposal put together by the CRD would be uh entertained by 436 00:40:33,280 --> 00:40:41,680 probably the next council at this point. Who knows how fast they could do it, but 437 00:40:38,240 --> 00:40:50,560 uh uh would be yet to be determined, but at this point I I think it's a good step 438 00:40:45,760 --> 00:40:57,720 forward for uh at least this item not just dying on the table. So I will 439 00:40:53,200 --> 00:40:57,720 support this motion. Any 440 00:41:14,400 --> 00:41:19,240 further discussion by members of council? 441 00:41:23,119 --> 00:41:31,119 All right, I'll call the question. All those in favor? 442 00:41:26,880 --> 00:41:38,240 Opposed? None opposed. That carries. Thank you. I look for adjournment. 443 00:41:35,839 --> 00:41:41,400 All those in favor? Oppos? Not opposed. That carries.