By Judith Lavoie, Times Colonist
A closed-door meeting of the Capital Regional District board will be held tomorrow to mull over options following a B.C. Supreme Court ruling that struck down zoning bylaws on the southwest corner of Vancouver Island.
A road to a subdivision just past Jordan River.
A closed-door meeting of the Capital Regional District board will be held tomorrow to mull over options following a B.C. Supreme Court ruling that struck down zoning bylaws on the southwest corner of Vancouver Island.
“We will be discussing the court decision and what, if anything, we should do and how we can move forward,” said CRD chairman Geoff Young.
The first matter facing the board is whether to appeal the decision by Justice Robert Metzger, who ruled last month that the voting system for Juan de Fuca electoral area was invalid.
The CRD must also determine what system of voting will be used to decide zoning applications in the area.
The area includes waterfront and recreational land stretching from East Sooke and Jordan River to Port Renfrew.
Under the former system, all directors could debate planning issues in Juan de Fuca, but only Juan de Fuca, Metchosin and Central Saanich directors could vote.
The area sprang into the limelight after the province allowed Western Forest Products to remove 28,283 hectares of private land from three Vancouver Island tree farm licences.
After that happened, the WFP then made a provisional deal to sell more than 2,500 hectares of high profile land to developer Ender Ilkay.
The CRD responded by downzoning forest land to 120-hectare minimum lot size.
But those zoning changes also affected smaller property owners who were no longer allowed to develop four strata lots on their four-hectare properties.
The bylaws were challenged in court by WFP and the Association of B.C. Landowners.
It is important for the CRD to make a decision as soon as possible, Young said.
“And, it is no secret that, whatever happens, we need to have more planning efforts in that area,” he said.
Growth is almost inevitable because of the release of TFL lands and the province should help with planning costs, Young said.
“I suggest there’s a pretty strong rationale for getting some help from the province,” he said.
Duncan Kerr, WFP chief operating officer, said he hopes to meet with CRD directors as soon as possible to talk about the route forward.
“It makes sense to make decisions looking at the entire portfolio. It would be a shame to see it broken up and sold individually,” he said.
“I also hope this means people can get past the idea that the original TFL decision can be reversed.”
Ilkay, who still has an option to buy the parcels of land, is also hoping the court ruling will lead to civilized community debates.
“Anything I am going to do would involve rezoning anyway,” said Ilkay.
The initial plans by Ilkay included large tracts of parkland and a community centred around the Jordan River townsite.
“I think the proper way to do anything like this is for all parties to sit down and have consultations.
“The process of trying to shove something down one party’s throat never works and that’s what was occurring here,” he said.
However, others are imploring the CRD to appeal the decision.
“Western Forest Products has continually shown disregard for the will of the affected communities,” said Maurita Prato, forest campaigner for Dogwood Initiative.
“Although the court decided the CRD process was flawed, it does not lessen the communities’ resolve to protect what is most important to them.
“The race to save Jordan River is still on,” she said.
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