Town Hall – Feb 2025

Forty people from our three regions of Shirley, Otter Point and Jordan River came out to discuss Future Development in the area on a rainy February 23rd at the JdF Building.

To facilitate educated and reasonable discussions, OPSRRA president Chris Moss began the meeting with our land acknowledgement, then provided an overview of the governance of the Juan de Fuca Electoral Area (JdF EA) and the various levels of government and their responsibilities. 

The meeting then turned to an explanation of the CRD Regional Growth Strategy (RGS) and of local Official Community Plans (OCP’s)

Local Government Act: Provincial document which lays out our responsibilities and to which we must align. 

CRD Regional Growth Strategy (RGS) – click for details

This plan includes main headings of:

• Management and Balancing Growth,
• Environment and infrastructure,
• Housing and Community,
• Transportation,
• Economic Development,
• Food Systems; and,
• Climate Change.

It’s a framework developed by the 13 CRD municipalities and the Juan de Fuca (JdF). It lays out the vision for the JdF EA as a rural area.  Structurally, it must align with Part 12 of the Local Government Act. If a change is made, it needs to go through a process with the Provincial Government.

Within the CRD, voting powers are weighted by population. Our region (JdF) has 2 votes whereas Saanich has 24 votes. When the biosolids issue came up the JdF would never have succeeded in a vote, and in fact the CRD did not allow us to vote as we are not one of the “Core Areas” that was receiving the “new service” of removing Biosolids and taking them away. Still it was important for OPSRRA to raise the issue, discuss it, and forward our concerns to our local government, the CRD and the Province. 

As mentioned above, the CRD RGS and our local Official Community Plans (OCPs) are intended to keep us rural. The JdF Electoral Area communities include Port Renfrew, Jordan River, Otter Point, Shirley, East Sooke, Malahat and Willis Point. The JdF is defined as a rural area and is limited by the RGS to a maximum of 5% population growth out of the total CRD growth as it is not defined as part of an urban containment area. An urban containment area can be thought of as having piped water and a sewer infrastructure.  Port Renfrew is the only community in the JdF EA defined as an urban containment area.   We don’t have to worry about Bill 44 telling us to build houses since we do not have sewers which are a requirement of the Bill. 

We are divided into renewable and non-renewable lands. There are very few Agricultural Land Reserves in our area.  Very little Capital Green lands are set aside. Roughly half of our area is owned by privately managed forest companies and the other half is Crown Land and other lands. Our private residential properties are included as “non-renewable resource lands.” Crown land is under discussion to be returned to the indigenous nations who have lived on this land for at least 10,000 years. In Otter Point all remaining Crown Land is to be returned to the T’Sou-ke’ Nation. 

 CRD recently bought land up in the Leech River area to be a protected watershed feeding into the Sooke Lake Reservoir  in order to protect the ongoing supply of  water. 

Official Community Plan (OCP) & piped water – click for details

All our OCPs may be found online on the CRD website under “documents” and they are normally updated every 5 – 10 years. Port Renfrew is currently updating theirs. The process takes a while because of the feedback required from the community and government. Shirley and Jordan River updated in 2018. Otter Point in 2014.

It takes more than a year to update and OCPs must align with the Regional Growth Strategy.

Even though we have very little agricultural land, some want to rezone it to allow for development – usually because it’s flat land. ALR land is tricky to remove from that classification and the final decision is not up to the JdF.

There have always been pressures to extend the CRD water distribution system into our areas even though that thought is not really on the table for the CRD.  All water piping is on a user pay basis. When the former JdF EA tried to bring in piped water down Otter Point Road several years ago the cost was quoted to be  1.2  million dollars  and if people wanted to hook in their homes along that line, it would cost about $20,000 per home, with those costs borne by the individuals wanting to attach to the line. The cost went way up over time, aided by the discovery that the water pressure would not be enough for fire flows, so with that upgrade, we are told it is now closer to 6 million dollars. 

Currently the existing piped water infrastructure is simply “tapped out” by the time it gets past Sooke.  There is no plan, no density, nor pressure, to push it out any further.  The CRD is concerned with its core urban containment areas and is spending its time ensuring that existing piped water can be delivered in adequate amounts in its service area.  It is unlikely that any further water main expansion will occur. 

There is only one pipe that currently feeds Sooke and it’s going to be tapped out especially with the density of housing plans going forward in Sooke.

CRD is working to ensure that water is supplied but unlikely it will be piped out past Sooke because it’s not practical, affordable or even necessarily possible.

The meeting was opened to questions from attendees and the following ideas were brought up at the meeting or sent in by email. 

Ideas:

1. Housing Needs Assessment from the CRD was discussed and so far the JdF is within its CRD limit of not more than 5% of the total regional growth. 
2. Short term rentals were discussed including B&Bs (owner or manager on the premises) and Short-term rentals (no owner or manager on the premises). In a statement from the JdF Director to residents, he explains that JR (and the rest of us) have the same rules as the rest of BC and even if CRD doesn’t insist on a business licence the Province does require registration of the business. There is a penalty structure in place that is pretty hefty. It doubles with every infraction regardless of the change of guests. Fines start at $250 charged to the owner and double with every infraction. They do not reset back to $250 with each new guest and fines can be up to a maximum of $50,000 – which would likely be reserved for serious infractions such as illegal dumping. This has been consistent in the JdF and is not a matter of opting into the Provincial standards.  And like many issues, it is a small group of people that are ruining it for everyone. Apparently some families are moving away because they are tired of living next door to new neighbours every day. Al Wickheim, JdF EA Director, says there is a small number of egregious violations. There are some complaints that are non-stop and some that are exaggerated. Unfortunately getting bylaw enforcement officers out is difficult because the events usually only happen outside of business hours. Bylaw enforcement officers are hesitant to respond without RCMP officers. RCMP officers are hesitant to respond because it is not usually illegal activity. Every complaint call costs CRD/taxpayers (approx. $2,500). All B&B’s need to be registered with the Province by May 1, 2025 but not the CRD JdF as they don’t issue business licenses. Will guidelines/bylaws line up between CRD and Province? Al says that for the most part, if there are no complaints, there will be no inspections or checking up from the CRD. Apparently the Province says that if B&Bs aren’t registered by June 1, the Province will cancel the listing on any online site or print publication or if still non-compliant by July 1, 2025 the Province will cancel any future reservations.
3. Greenhouse Farming: Request for OPSRRA to lobby for the development of greenhouses in our communities including subsidies for greenhouse farming. This should be encouraged in our area to increase food production. This area is ideal for this kind of thing in our area. Heat for greenhouses in our area could be geothermal heat pumps or solar.
4. Forest Fire & Fire Safety:  Reasonably there is growing concern over this and a feeling that we need a larger approach. There was a suggestion to create Fire Berms essentially cutting out a strip of forest to stop the spread of fire. Overall recommendation to personally follow Fire Smart approaches and insist on new developments implementing the principles. One member recommends people read “Fire Weather” (John Vaillant).
5. Parks & Trails: With an eye to meeting two goals with one project, it was suggested that the Active Transportation Network Plan the CRD is promoting could also utilize this suggested fire berm in order to reduce the risk of trying to incorporate trails on the very narrow and twisty Hwy 14. ❖ French Beach & Matterhorn Park One of the most important things to me is that there be a lot more parks and trails in the Otter Point and Shirley areas. In particular, I would like to see the “Matterhorn” protected as a park, with good access to the Matterhorn, and with good trails around this area for hikers, horseback riding and mountain biking. ❖ Otter Point Park Land: wanting trails around Bone Yards; Crown land is being returned to First Nations. Access will need to be discussed concerning previous Crown land. ❖ Traffic to parks: people come out to our area for recreation but parks, etc. don’t have enough parking. Roads are becoming more dangerous with the volume of families and individuals parking on the side of the road and partially on the road. ❖ Otter Point’s OCP asks for walking and cycling paths beside West Coast Road, Otter Point Road and Kemp Lake Road. This member observed that instead of improvements on Kemp Lake Road and Chubb Road paths, every time the ditches are cleared out, it is with a scoop that makes the ditch wider and the walking space narrower. ❖ We are very pleased to see the Weiland Trail under construction. The gazetted road continues to the east from the Butler Trail. Acquisition of an easement, right of way or other agreement with property owners and some mighty trail building could bring this trail system to Otter Point Road at the boundary between Otter Point and the District of Sooke. ❖ We are looking for agricultural land and park land: June Similes’ property on Milligan Road in Otter Point ought to be bought for public use: leased to farmers, used for equestrians, multi-use community park?  It was indicated that the house is a liability not an asset to a park, but it could be rented to a caretaker. ❖ There is an undeveloped MOT point on the south side of Kemp Lake where there could be a small landing area and a float. There is a less useful slip of parkland on the far side of Poirier Lake, just for looking at and for Nature, so why not a small slip on Kemp Lake with a float and maybe a clearing for picnics.
6. Water Storage/Rainwater Collection: One writer suggested that water storage be a priority in our area for suppression and watering (500 – 1000 gallons). There was a suggestion that the CRD have an incentive program (grants) regarding installation of a cistern. Al says that he has a meeting coming up and they are all interested in rain water harvesting and the new building inspector is also interested in this. Capture is easy but storage is the challenge. Island Health regulates the water system approval process for systems other than a single household family. Any water needs to be treated including rainwater and a 2020 Report from the BC Government provides background on this. A lot of reach by the CRD regarding liability so they are strict. Next year, CRD will be initiating a program to incentivize rainwater storage options.
7. Water mapping: and is wondering about doing more water mapping of our area, especially with the growth in the area. A person says he worked on the OCP and the water mapping was not even debated at the time. The water mapping needs to be updated and the sensitive ecosystems need to be revisited. Also native plants need to be used for landscaping and fire protection. Last OCP needs to be updated with TEM and TRIM data and new mapping. Malcolm says the riparian zones have doubled in the last few years. Data set is available through the province. Person is concerned about development happening above her property and how it might impact the creek running through her property. It’s only mapped to a certain point but beyond its mapping simply disappears. We should be researching the names of our streams and springs and making sure they are on the maps and even marked with street signs where feasible. We need to know the metadata behind the maps used in planning: how up to date are they? And ground truthing is a must. There is no lake on King Creek above Otter Point Road. There is a wetland.
8. Water Service Delivery: The RGS lays out where water service can be delivered in East Sooke and Otter Point. Most of the residential areas are eligible. The barriers seem to be the cost and a water source. The water service need not be CRD water. Another barrier is the perception that water service is not allowed and the Sooke Lake is the only source. What else are people willing to work towards? 
9. Taxation:  Concerned about the unfair property taxation according to BC Assessment. Farming and Residential are the lowest taxed and business is highest. The unfair classification is costing everyone money because property owners find loopholes. BC Assessment doesn’t care about the zoning when classifying. You also can’t look up the classification when in urban areas but can look it up for rural. 
10. Evacuation Centres: Concerned about the Forest Fire that we had this summer. Has worked 40 years in small communities for the government. Where will we go for evacuation centres? He is bringing up the need for community hall. He wants to get involved in the Otter Point Community Hall. Mike White for Otter Point Community Association is working with CRD and Parks Commission to further the plan. A location has been determined and is now in discussions with CRD. Will have public meetings next month to discuss funding and possibly have a referendum. There will be a meeting here at the JdF Area Services Hall on March 5^th at 7pm and another one on March 9^th at 2pm to reach as much of the community as possible. From the OCP reviews: Shirley asked about Development Cost Charges to help fund a new fire hall. The old Shirley Fire Hall would be used by the community.
11. Soil: Al says there’s concern about the amount of soil being deposited in various properties. The truck loads are being moved and dumped, causing problems with road use. Al proposes a soil repository for the fertile soil so that people can use it for more than just filler to have a flat lawn or filling gullies. More is being generated and trucked out here – thinking long term that we might want to have access to this resource. Concern around the quality of the soil and making sure it’s clean.  It is being brought out from Saanich and other parts of the CRD to our area. Sometimes the soil can be contaminated with paint, fuel, other toxins or garbage from the deconstruction of homes. The concern is around the time and effort to effectively monitor the quality and quantity of the fill.
12. Dump trucks on the road (Al): Damage is happening to the road. Governed by the province – we have no say over this. Al has been in touch with the Province regarding traffic (speed limits, signage). This is an issue across the province according to the last UBCM. Clark Rd. and Otter Point Place are apparently on the agenda for repairs this summer. Some resurfacing and fixing up of the road between Sooke and Jordan River are under discussion.
13. Building Code: Transportation costs and lack of infrastructure ( sewers, electric grid and water supply) make building out here costly so we should look at changes In the building code so that houses are built with fire resistant materials and design. Water storage on site should be mandatory. Alternate energy sources like geothermal, solar panels, wind should be encouraged. Housing needs to be resilient to natural disasters, sea level change, drought and the earthquakes are inevitable. Initial costs may be high but there are long term savings.
14. Sooke & Indigenous Relations: Co-operation with T’Sou-ke for continued access to Crown Land when ownership is transferred to the First Nation. Ideally there would be cooperation with the District of Sooke in negotiating amenities from development of the Butler properties at the east side of Kemp Lake.
15. Density & OCPs: Both OCPs are “due” for official review/updating. The RGS is counting the new [dwelling] units in East Sooke and Otter Point with a view to be limited to a total of 3,384 units.which includes both existing and new  units.  As of 2022 there are 1,683 dwelling units in East Sooke and Otter Point with an average of 20 net new units per year over the past ten years. (2023 RGS report). A lot of developments have been approved that may compromise the goals set out in the Shirley Jordan River OCP: another reason to review the OCPs. Are we going forward or backward in remaining rural?

OPSRRA would like to thank everyone who attended the meeting and those who shared their thoughts. A big thank you to people who came early to set up and stayed to clear up. 

OPSRRA AGM Shirley Community Hall on April 27^th and 2:00. Speaker will be Sid Jorna from JdF Parks and Trails.

OPSRRA Board elections are held at the Annual General Meeting in April and if you are interested in joining our volunteer Board please let me know by writing to Info@OPSRRA.ca or  president@OPSRRA.ca

References:

• CRD Regional Growth Strategy 2018, bylaw 4017
• Official  Community Plans CRD website document library
• Capital Regional district Housing Needs Assessment 2020
• RGS indicators report (2023)