Union Bay Estates, formerly known as Kensington Island Properties, is a development project located at Union Bay (Electoral Area A – Baynes Sound – Denman/Hornby Islands). The development project covers 309 hectares (764 acres), and has the potential to create up to 2,889 dwelling units in the form of houses, secondary suites, carriage houses, townhouses, and apartments. The development also includes areas for commercial, institutional, recreational, and resort land uses.
Aerial Map of Union Bay Estates
Background
Initiated in the early-2000s, the development project was enabled by rezoning the project area to Kensington Comprehensive Development Zone, along with adopting Development Permit Area and agreeing to a Master Development Agreement.
Master Development Agreement
The Master Development Agreement is a restrictive covenant registered on the land title of all properties within the development project area. It was approved by the Comox Valley Regional District Board in 2010 and its registration was condition of adopting the Kensington Comprehensive Development Zone. Since then, the Master Development Agreement has been amended once (in 2017). The agreement details the community amenities that are to be provided at various stages and it includes standards and conditions to which infrastructure and development must adhere. The Master Development Agreement details the community amenities that are to be provided at various stages and it includes standards and conditions to which infrastructure and development must adhere. Specifically, some provisions within the Master Development Agreement include:
- Improvements to the community water system,
- Construction of a sewer system,
- Donation of land for a fire hall,
- Donation of land for a school,
- Dedication of park space with the construction and maintenance of trails,
- Affordable housing contributions,
- Construction of a public assembly place, and
- Transit system provisions.
The Master Development Agreement and Amending Agreement are intended to be read concurrently.
Details on the amendment can be found in the CVRD report dated December 8, 2017.
Zoning Bylaw
In 2010, the subject properties were rezoned to Kensington Comprehensive Development Zone (K-CD). The K-CD zone is divided into five Comprehensive Development Areas (CDAs).
| Map of Kensington Comprehensive Development Areas (CDAs) | Map of Kensington Comprehensive Development Zone (K-CD) |
Regional Growth Strategy and Official Community Plan
Under the Regional Growth Strategy (RGS) and Rural Comox Valley Official Community Plan (OCP), the project area is designated as a Settlement Node. The Settlement Nodes are part of the Core Settlement Areas where the RGS seeks to accommodate at least 90 per cent of growth within the Comox Valley in order to promote the efficient use of land and public infrastructure, provide densities supportive of alternative transportation choices, and achieve regional environmental benefits resulting from compact growth. Settlement Nodes (Union Bay, Saratoga Beach and Mount Washington) are areas where increased growth is anticipated provided new development is appropriately serviced (e.g. with water and sewer).
Development Permit Area
Development Permits are issued to authorize construction and subdivision. In some cases, DPs are required for land alterations. All development permit guidelines are listed in the Rural Comox Valley Official Community Plan. The following Development Permit Areas apply to various areas within the development project:
|
Development Permit |
Area Requirements |
|---|---|
|
Kensington Comprehensive |
|
| Aquatic and Riparian Habitat |
|
| Eagle/Heron Nest |
|
| Shoreline Protection |
|
| Steep Slopes |
|
Contaminated Site Remediation
Portions of the project area were formerly used for in the coal industry. With their consulting engineers, the owner has conducted identification and soil management work to address remediation. The owner has applied to the Ministry of Environment and Climate Change Strategy for a certificate of compliance under section 53 of the Environmental Management Act.
Provincial Government
The provincial government is involved in approving several aspects of the development project:
| Agency | Jurisdiction / Role |
|---|---|
| BC Ministry of Transportation and Infrastructure |
Subdivision approvals |
| BC Ministry of Environment and Climate Change Strategy |
Sewage treatment |
| BC Ministry of Water, Land and Resource Stewardship |
Water Sustainability Act (works in and about a stream) |
| BC Ministry of Forests |
Heritage Conservation Act Alteration Permits (archaeological sites) |
First Building Permit (Non-Residential)
The owners have submitted an application for the project’s first building permit. It is a proposed commercial building, labelled “Discovery Centre”, that is intended to be used as a real estate sale centre and restaurant. The building is located within CDA-3 of the Zoning Bylaw’s Kensington Comprehensive Development Zone and received a Kensington Comprehensive Development Permit (File DP5A19). The CVRD Building Services is currently reviewing this application.
First Subdivision
In this rural area, applications for subdivision are submitted to the office of the Provincial Approving Officer within the Ministry of Transportation and Infrastructure (MoTI). The owners have submitted their first subdivision application (MoTI Files 2018-02274 and 2020-02520). The CVRD works with MoTI to ensure subdivisions are consistent with the MDA, zoning, and other regulations. This proposed subdivision is located within CDA-2 of the Zoning Bylaw’s Kensington Comprehensive Development Zone and received a Kensington Comprehensive Development Permit (File DP 13A 19 and DP 16A 21) and a separate Aquatic and Riparian Habitat Development Permit (Files DP 5A 21 and DP 6A 21). The owners have installed some infrastructure in anticipation of subdivision approval though several MDA requirements must still be provided, including construction of a sewer system, transfer of a school site lot, transfer of Parks and Trails (Remainder), and an affordable housing contribution.
To construct a sewer system, the owner has submitted an application to the Ministry of Environment and Climate Change Strategy. The proposed sewer system involves seasonal discharge of up to 1,875 cubic meters per day of treated municipal sewage to Hart Creek during the months of October through May with storage and reclaimed water use during the rest of the year. The status of the application can be viewed using the Tracking Number 370094 or Authorization Number 109314.
Wastewater
The CVRD received the following information from the Ministry of Environment and Climate Change:
"The Ministry of Environment and Climate Change received on November 11, 2019 a final application package from Kensington Union Bay Properties GP Limited for registration under the Municipal Wastewater Regulation for a seasonal discharge of up to 1,875 cubic meters per day of treated municipal sewage to Hart Creek during the months of October through May with storage and reclaimed water use during the rest of the year. The proposed discharge would serve a commercial and residential development in Union Bay subject of a Master Development Agreement with the Comox Valley Regional District.
The Ministry’s next steps are a comprehensive review of the application for compliance with the Municipal Wastewater Regulation including review of the Environmental Impact Study, and First Nation consultation. There is no formal public consultation process for registrations under regulations such as the Municipal Wastewater Regulation. The review and decision phase takes up to 10 months to complete. Questions regarding the review of this application may be directed to Melanie Mamoser at melanie.mamoser@gov.bc.ca. The status of the application can be viewed here using the Tracking Number 370094 or Authorization Number 109314"