Please see the mayor’s response to our request for additional public engagement on our November 20 update, titled – “Request for Community Engagement on the Aragon Cordova Bay Development at 755 Cordova Bay Road”.

Dean was good enough to respond and this is his reply back to us below. 

I have also included a response to this that we will send back after the Christmas holidays, and it will focus on the mayor’s own reference to Bylaw No. 9650, that we can use to further challenge this development.

Sorry a bit long here!

Hi Dan,

I appreciate you following up. I wish to clarify that at the September Town Hall meeting, I believe I said that any decision related to the Aragon proposal would occur at a public Council meeting or Public Hearing and that individuals are welcome to send correspondence for Council’s consideration.

 Unlike a Saanich-owned park or planning process, which includes Saanich-led public engagement, this is a private property that is subject to the land use approval process. The Local Government Act does not give Mayor and Council authority to undertake “engagement” for the future use of a private property. Instead, applications for land use changes are subject to an approval process in accordance with Saanich’s Official Community Plan and land use policies and zoning bylaw. That includes a Council meeting or Public Hearing at which public input is received and Council makes a decision to approve or reject the application.

 I strongly recommend you review Saanich’s Land Use and Development Procedures Bylaw, which sets out the procedures and requirements for the adjudication of land use applications:
https://www.saanich.ca/assets/Local~Government/Documents/Bylaws~and~Policies/LAND_USE_DEVELOPMENT_PROCEDURES_9650.pdf

 As I stated during the Town Hall meeting, decisions related to the Aragon project and all land use applications, can only occur at an open Council meeting or Public Hearing. Council has not yet considered the application. It will be considered at a public Council meeting or Public Hearing, at which time members of the public will have an opportunity to provide input. You are welcome to submit correspondence on the application, which Council will review as part of its consideration.

 Prior to Council’s consideration, our Planning staff will develop a report that considers whether the project is consistent with the Official Community Plan and relevant local land use policies, including the Cordova Bay Local Area Plan. That report will also consider servicing requirements and impacts on infrastructure, traffic and the natural environment. The report will include a recommendation that Council either support, reject, or request changes to the application.

 In the meantime, I encourage you to submit questions or concerns regarding the project to the applicant or to our Planning Department, who will have an opportunity to address them with the applicant.

 You note in your email that you have not received a response to the petition that was sent to Council regarding the application. For context, all correspondence related to a land use application is batched for Council’s review and consideration along with the application. That doesn’t mean we don’t read your correspondence in the meantime. However, it does mean that you likely will not receive a response beyond acknowledgment of its receipt until the application comes forward for consideration.

 As I’m sure you can appreciate, Council has a legal obligation to adjudicate land use applications with an open mind. In order to provide thorough and impartial adjudication, Council requires the full context of the application, staff’s report and correspondence, upon which it can make a fully informed decision. We are not in a position to comment on a petition outside of that process or without that supporting context.

 I want to reassure you that there are no decisions related to this application occurring outside of the Council Chambers. Any future land use related to this application will be decided at a public Council meeting or Public Hearing.

 I am sure you have already subscribed on Saanich' s Development Tracker, so you will be notified as the application moves forward. If not, I strongly recommend that you do so.

Thanks very much,

 Dean

 Dean Murdock
Mayor

District of Saanich
250-475-5510

In a response to the mayor's referenced Bylaw No. 9650, here is a a high-level briefing of the issues, that we will continue to communicate to Saanich in the new year.

These are the core issues and legal leverage points we will continue to use to challenge Saanich on this current Aragon proposal. They are ALL very valid and are rooted in both Saanich' s own referenced Bylaw No. 9650 and fundamental public safety requirements.

1. Public Safety and Site Risk: The Liquefaction Barrier

The highest liquefaction rating in the CRD means this site poses an extraordinary, non-discretionary risk that must be addressed before any policy approval.

• Unacceptable Risk: The proposal is fundamentally compromised by the high risk of liquefaction and lateral spreading during an earthquake, threatening not only future residents but also surrounding property and public infrastructure.
• Engineering and Liability: We will demand ironclad proof, via independent engineering reports, that the planned foundation mitigation (piling, soil densification) meets the necessary Factor of Safety (FoS). Saanich must require a legal covenant from the developer to indemnify the District against future seismic damage.
• Contamination: Rezoning approval must be conditional on the developer securing a Provincial Certificate of Compliance for all required soil remediation prior to the final bylaw adoption, not just before building begins.

2. Policy Conflict and Procedural Breach (OCP/LAP)

The proposed density and scale cannot be legally justified without overturning established community policy.

• Violating the Local Area Plan (LAP): The project is fundamentally inconsistent with the Cordova Bay LAP's explicit goals to Maintain special character, preserve larger lot sizes, and limit development to low-rise forms.
• Mandate a Public Hearing (Bylaw Sec 17.2): We will formally petition Council to direct that a Public Hearing be held, regardless of staff recommendations, citing the magnitude of the project, the severity of the site hazards, and the direct conflict with local planning policy.

3. Infrastructure Failure (Known Limitations)

The site cannot be adequately serviced by the existing, stressed municipal infrastructure.

• Sewer Crisis: The known limitations and risk of failure at the beach and Haliburton pump stations cannot handle the new flow. We demand the developer fully fund, construct, and dedicate all necessary off-site capacity upgrades before any new occupancy is allowed.
• Traffic Overload: The massive increase in vehicle trips onto the already congested Cordova Bay Road constitutes an unacceptable risk to local public safety and emergency response times. Mitigation must include major off-site neighbourhood traffic calming, fully funded by the developer.

4. Financial Accountability and Development Bonus

The developer must pay for the full cost of mitigating its impact and hazard.

• Amenity Contribution Demand: Any request for increased density (bonusing) must result in an Amenity Contribution that exceeds the total cost of all necessary infrastructure upgrades (sewer and traffic), ensuring the financial burden does not fall on existing Saanich taxpayers.
• Rejecting Variances: We will oppose any Development Variance Permits (DVPs) that the developer may seek, arguing these exceptions are necessitated by the inherent instability and hazards of the site, which compromise public interest.

Thank you Cordova Bay. We will continue to move forward into 2026 challenging this inappropriate proposed mega development in our Community!

Best Regards,

Dan Horth