Trust Committee to consider Potlatch covenant this Thursday

Derek Kilbourn

Sounder News

Tuesday, June 12 2018

Trust staff are recommending that the Gabriola Island Local Trust Committee (LTC) accept the final draft covenant of the Potlatch proposal and designate the chairperson and one other member of the Local Trust Committee to sign the covenant.

As of press time, that report and ensuing discussion were on the agenda for this Thursday’s regular meeting of the Local Trust Committee.

Registration of the covenant was a condition of the rezoning of the properties involved in the Williamson & Associates application, which is commonly referred to as the Potlatch proposal.

Should the LTC accept the covenant and sign the executable version, Islands Trust legal counsel will register the covenant on title of the subject properties. 

Planning staff will advise the LTC when the covenant has been registered in order for Bylaw Nos. 289 (Official Community Plan) and 290 (Land Use Bylaw) to be considered for final reading.

The proponents are applying to develop the receiving lands (bordered/cornered by Taylor Bay Road, Church Road and Spruce Avenue) of the application with a 25-lot residential subdivision; dedicate 16.4 hectares of parkland; dedicate and construct a road connection between Spruce Road and Church Street; dedicate four statutory rights-of-way for public trail dedication; and one statutory right-of-way over future common property for stream monitoring and enhancement purposes.

One clause in the covenant requires dedication of a 2.9 ha statutory right-of-way to the LTC, encompassing Mallett Creek for the purposes of stream monitoring and enhancement activities.

Another requires each principal dwelling built on a lot to be constructed with a rainwater harvesting and collection system capable of storing a minimum of 22,000 litres (5,800 US gallons) of rainwater for domestic use.

Other clauses include measures such as:

a) Requiring that the subdivision layout of the receiving lands, including the number, location and configuration of lots, be in substantial compliance with the proposed plan of subdivision;

b) Requiring the dedication of all proposed park lands at the time of the first subdivision;

c) Limiting the number of lots that may be created on the receiving lands to a maximum of 25;

d) Prohibiting the future subdivision or creation of new parcels or lots on the receiving lands following the registration of a 25 lot strata plan;

e) Specifying the location of future trails (as recommended by Gabriola Land and Trails Trust and the Regional District of Nanaimo) where possible;

f) Requiring rainwater collection systems for the purpose of providing potable water;

g) Placing restrictions on the placement of onsite waste disposal systems to prevent contamination of groundwater, surface water or existing wells;

h) Placing any other restrictions on uses, buildings and structures in accordance with the recommendations of the hydrogeological assessment, archeological study, geotechnical study and Riparian Areas Regulation report to mitigate potential impact of the proposed development on groundwater quantity and quality, and surface water.

After the June 14 meeting, there will be three LTC meetings remaining in this term prior to the October 20 local government election.

The terms of instrument in the covenant have been developed with legal counsel, the applicant and planning staff. 

The terms restrict development in the covenant area as proposed in the rezoning application and reflect the direction of LTC resolutions.