Rural rezoning talks spark CRD fireworks

Thursday, March 24, 2011

Times Colonist

The thorny question of who decides on development on the vast expanse of forest on Vancouver Island's southwest corner is under review by the Capital Regional District, to the fury of Juan de Fuca electoral area director Mike Hicks.
After a closed meeting and legal briefing Wednesday, the CRD's planning, transportation and protective services committee asked for a staff report on how to change the voting structure for rezoning applications in the rural and resource lands.

The aim is "so the board can be responsive to the public interest," said Victoria Coun. Lynn Hunter.

Controversy is raging over an application by developer Ender Ilkay to build a resort above the Juan de Fuca Marine Trail. About 300 people attended a public meeting in Victoria Tuesday, at which speaker after speaker expressed outrage about potential development above the wilderness trail.

Many were concerned the decision would be made by a committee of directors from Juan de Fuca, Sooke, Colwood, Langford and Metchosin.

The staff report is likely to go to the CRD board meeting on April 13 instead of returning to the committee.

"There may be an opportunity to take pre-emptive action," said Metchosin Mayor John Ranns.

The Ilkay application goes to the Juan de Fuca land-use committee on April 19. If a voting change is approved, it would apply only to rural resource lands, which make up twothirds of the land mass of the CRD, and not to the remaining electoral area.

Previously, the regionally important rural resource lands were in a tree farm licence and development was not contemplated, said Saanich Coun. Vic Derman.

"So, when the province made the decision to change the status of these lands, without consultation, we found ourselves in the unusual situation of a single group of directors making decisions," he said.

The rationale did not mollify Hicks.

"I think this is political bullying. It's an absolute assault on the governance of Juan de Fuca. It's an absolute insult," Hicks said in an interview.

"I am appalled that directors would try and change the voting structure of Juan de Fuca because they don't like what might happen."

Hicks said he will not sit back and take it. "Vive le Juan de Fuca libre," he said.

Three years ago, after a bitter development struggle, courts struck down the voting system which allowed the whole board to vote on electoral area issues.

A motion by Derman that the CRD take whatever action necessary, including legal action, to defend the Regional Growth Strategy from municipalities breaking the rules will go to the CRD board with the staff report.

Deborah Curran, a lawyer with UVic's Environmental Law Centre, said a resort does not fit with the growth strategy.

"It is my opinion that the focus on tourist resort uses, contemplated in the Marine Trail Holdings application, is inconsistent with the RGS," Curran told the committee

 

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