Background

Union Bay Estates, formerly known as Kensington Island Properties, is a comprehensive development area within the settlement node of Union Bay (Electoral Area A – Baynes Sound – Denman/Hornby Islands). The development will have a variety of land uses including residential, commercial, institutional, recreational and resort amenities. The Union Bay Estates lands are 309 hectares (764 acres) in size. 

The residential component of the development will be a maximum of 2,889 units, including carriage houses, affordable housing and secondary suites. If the developer donates additional affordable housing lots, beyond what is required, they can build up to 60 more residential lots. Further details are available within the Master Development Agreement.

Aerial Map of Union Bay Estates

Master Development Agreement

The Master Development Agreement was approved by the Comox Valley Regional District Board in 2010 and amended in December 2017. The agreement details community amenities that the developer will provide as well as the installation of infrastructure to ensure road, water, and sewer servicing are available to the lands. The Master Development Agreement and Amending Agreement (which made changes to the original agreement) are intended to be read concurrently.

Details on the amendment can be found in the staff report dated December 8, 2017.

Regional Growth Strategy and Official Community Plan

The subject properties are designated as a Settlement Node in the Regional Growth Strategy (RGS) and Rural Comox Valley Official Community Plan (OCP). 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).

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). Please note, as part of the ongoing zoning bylaw review, the K-CD zone will be updated to reflect amendments to the Master Development Agreement.

Map of Kensington Comprehensive Development Areas (CDAs)Map of Kensington Comprehensive Development Zone (K-CD)

Kensington Comprehensive Development Permit Area

Local governments have the ability to create development permit areas. These are areas that need special consideration prior to development. In order to be issued a development permit there are a series of guidelines a developer needs to address. The guidelines for the Kensington Comprehensive Development Permit Area primarily focus on the form and character of the development. The developer has to obtain a development permit prior to subdividing the lands or constructing a building. The guidelines can be found in the Rural Comox Valley Official Community Plan

Environmental Development Permit Areas

Several environmental development permit areas were created to protect the natural environment. If site alteration is proposed within a development permit area (e.g. removing trees, constructing a building, site grading, etc.) then a development permit is required. For example, site alteration within 30 metres of a watercourse requires an Aquatic and Riparian Habitat Development Permit. Other development permit areas include:

  • Eagle Nest
  • Blue Heron Nest
  • Steep Slopes
  • Shoreline Protection Devices

The development permit guidelines, including what areas they apply to, can be found in the Rural Comox Valley Official Community Plan

Current Activities

  • In October 2018, a collapsed culvert was replaced in Creek 2 (near Washer Road). SLR Consulting led the permitting process with the Ministry of Environment as work is within the jurisdiction of the province. 
  • In November 2018, clearing commenced outside of the development permit areas. This clearing is mostly complete, however grubbing (removal of tree stumps, shrubs, debris, etc) has not yet occurred on much of the site.
  • In January 2019, Leighton Contracting has been installing a temporary construction access to Comprehensive Development Area 2 (CDA-2) from Highway 19A (opposite Washer Road). A permit was issued by Ministry of Transportation and Infrastructure for this access in December 2018. This work is within the jurisdiction of the Province.

Active Planning Applications

Aquatic and Riparian Habitat Development Permit (DP 2A 19/DP 3A 19/DP 4A 19)
  • On February 6, 2019, McElhanney Consulting Services submitted an application for an Aquatic and Riparian Habitat Development Permit on behalf of the developer.
  • An Aquatic and Riparian Habitat Development Permit is required if site alteration is proposed within 30 metres of a watercourse (Hart Creek and Creek 2).
  • The proposed works include tree removal in select areas outside of the Streamside Protection and Enhancement Area (SPEA), removal of overlying organics, rough site grading and the placement of clean, granular structural fill. The SPEA for Hart Creek and Creek 2 is established by the Provincial Riparian Areas Regulation (RAR).
  • The lands on the west side of the Island Highway are not subject to this application.
  • The application is currently under review by CVRD staff and the Ministry of Forest, Lands and Natural Resources Operations and Rural Development (FLNRORD). FLNRORD is responsible for reviewing the RAR assessment to ensure compliance with the RAR methodology.
  • The applicant is working with the Ministry of Environment and Climate Change Strategy (Environmental Emergencies and Land Remediation Branch) to address contamination issues associated with the former industrial use of the lands. As per Section 557 (2) of the Local Government Act, a development permit cannot be issued until the applicant receives a release letter from the Director under the Environmental Management Act. 

Map of Subject Properties

Kensington Comprehensive Development Permit (DP 5A 19)
  • On February 21, 2019, Blue Sky Architecture submitted an application for a Kensington Comprehensive Development Permit on behalf of the developer.
  • The Kensington Comprehensive Development Permit was triggered by the proposed construction of a building. The proposed works include construction of two buildings connected by a covered walkway to be used as a real estate sales centre and a café/deli. The proposed development is within Comprehensive Development Permit Area 3 (CDA-3).
  • The application is currently under review by CVRD staff.
  • The applicant is working with the Ministry of Environment and Climate Change Strategy (Environmental Emergencies and Land Remediation Branch) to address contamination issues associated with the former industrial use of the lands. As per Section 557 (2) of the Local Government Act, a development permit cannot be issued until the applicant receives a release letter from the Director under the Environmental Management Act. 
  • On May 16, 2019 the CVRD received a release letter from the Ministry of Environment which allows the development permit to proceed through the review process.
  • The development permit will be heard by the Area “A” Advisory Planning Commission (APC) at the June 11, 2019 meeting. The purpose of the APC is to review the application and provide advice to the area director, Daniel Arbour. The meeting agenda can be found here.
  • It is anticipated that the staff report and draft development permit will be heard by the Electoral Area Services Committee at its July 15, 2019 meeting. The agenda will be posted in advance of the meeting and can be found here.

 Map of Subject Property