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INFORMATION UPDATE

1516 Mt. Douglas X Road The Municipality continues to seek resolution on a number of matters respecting 1516 Mt. Douglas X Road. We recognize that many of the neighbours are experiencing increased anxiety and frustration as the property owners intensify the cattle feedlot operation. Saanich Council has been advised by staff that the following additional actions will be undertaken to help bring greater clarity for all parties, and hopefully move the ALR exclusion application forward. 1. Tree Cutting Permit Application and Cattle Feedlot Operation

Background The owners have applied for a new tree cutting permit that anticipates removal of all

trees on the property. The application does not provide sufficient information to substantiate removal of all

protected trees for agricultural purposes. Concerns have been raised about the intensity of the proposed cattle feedlot operation,

including its impact on the neighbours, the environment, and the health of the cattle.

Actions Further information will be requested from the owners to substantiate the need for

removal of all protected trees. Advice will be sought from the Ministry of Agriculture with respect to recommended farm

practice for this cattle feedlot operation. Advice will be sought from a third-party expert on best practices for a cattle feedlot

operation on this property, including mitigation measures for adjacent residential neighbours, protection of the environment, and measures to ensure the health of the cattle.

2. Agricultural Land Commission (ALC)

Background The owners have not allowed their Agricultural Land Reserve (ALR) exclusion

application to be considered by the ALC. Council’s December 2012 decision to forward the application to the ALC remains the same.

A positive decision by the ALC would make way for Council consideration of a development application.

A new ALC has been appointed and there is uncertainty about how the 1980 ALC decision to allow exclusion will be viewed. As the owners intensify agricultural use of the land, the Municipality doesn’t know whether the new ALC will decide that the land is capable of sustained and profitable agricultural uses and deny exclusion.

Conflicting information has been received from ALC front-line planners about the ALC legislation.

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Actions ALC staff will be requested to confirm in writing that the December 1980 decision to

allow exclusion of this property remains in effect and advise whether the newly appointed Commissioners have an obligation to follow through on this decision and exclude the land.

ALC staff will be requested to consult with their legal counsel and confirm in writing their understanding with regard to the ALC legislation.

3. Future Agricultural Use of the Property

Background The current development application has been placed on hold by the owners. The owners have advised staff that agricultural use of the property may be something

they wish to continue regardless of whether the land is removed from the ALR. The owners’ legal counsel has requested a commitment from the Municipality for a

variety of agricultural uses to continue, including a cattle feedlot of up to 200 head. Agreement has not yet been reached on what future level of agricultural use would be

lawfully permitted if the land is not part of the ALR. Municipal legislation limits the extent of any future agricultural use of the property.

Actions Municipal legal counsel will continue to engage with the owners’ legal counsel to seek a

resolution to the above-noted matters. 4. Normal Farm Practice and the Farm Industry Review Board (FIRB)

Background As the owners intensify the cattle feedlot operation, one or more neighbours may

complain to FIRB about normal farm practice. Previous experience with FIRB tells us that the Municipality cannot be a direct

complainant, however the Municipality can support the neighbourhood by applying to be an intervener.

Actions Contact information for FIRB will be provided upon request to anyone who requests. If a complaint is lodged with FIRB, staff will recommend to Council that the Municipality

apply for intervener status. Council’s Ability to Engage with the Owners and Neighbours on Future Land Use While Council would like to provide the neighbourhood with some level of certainty about the future of 1516 Mt. Douglas X Road, the Municipal Solicitor continues to advise Council not to engage with the owners, neighbours and others concerning future land use. In order to maintain the integrity of the process, Council is legally obligated to enter any future Public Hearing with an open mind. Council must weigh the information, advice, and opinions from all parties during the Public Hearing process prior to making a decision on land use.