Forest firm racing to beat lot size restrictions

Sensitive lands on the southwest coast of Vancouver Island could be subdivided before the Capital Regional District is able to enact bylaws to restrict lot sizes.

Western Forest Products, which is selling more than 2,500 hectares of high-profile land stretching from Sooke Potholes to Port Renfrew, has applied to the province to subdivide some of its parcels into 319 acreages ranging from two to five hectares.

The current minimum lot size is four hectares, but WFP maintains some lots need to be smaller due to topographic restrictions and the average lot size meets current bylaws.
The application, which is for forestry land around Muir Creek, Otter Point, Jordan River and Shirley, is being made under current bylaws as the new bylaws are still awaiting approval in the office of Community Services Minister Ida Chong.

In a controversial decision in February, the CRD voted to limit lot size of forestry and resource land in the Juan de Fuca electoral area to 120 hectares after WFP made a provisional deal to sell the land, which includes the Jordan River townsite and high profile beach and recreational areas, to developer Ender Ilkay.

Opponents are claiming WFP is trying to make an end run around the CRD, but WFP chief operating officer Duncan Kerr says he is simply following the process.

"We are within our rights to put in an application to be considered within the current zoning," he said.

The Transportation Ministry approving officer can give the go-ahead although he does have to ask for input from interested parties, including the CRD.

Even if the downzoning bylaws are enacted shortly, the applications are now grandfathered, provided the work is carried out within one year.

The large rural lots are the best that can be done under the circumstances, but there will be "zero parks," Kerr said.

"Parks only come through conversation and we haven't been able to engage in that conversation," he said.

Kerr and Ilkay have complained about the CRD going ahead with the rezoning before the community could see development plans, which were to include large parks, trails and "planned communities."

However, once the new zoning is in place, landowners can apply for rezoning.

Much of the anger during the debate was directed at the province for allowing WFP to remove 28,000 hectares of privately owned land from Vancouver Island tree farm licences.

Now, the province is again coming in for criticism.

"If the ministry had got its act together and the bylaws had been enacted, Western Forest Products wouldn't have been able to do this without going through a process of application," said Erik Lund, Juan de Fuca electoral area director.

It is galling that the province told the CRD not to worry about the release of TFL land because its use can be controlled through bylaws, but then holds up the process, Lund said.

Chong said the bylaws have not yet reached her desk as staff are ensuring proper consultations have taken place and provincial interests are met.

"I have received some letters in opposition and other letters saying please get on with it, so there are obviously two views," Chong said.

 "I really can't give a date."

 Ilkay said he does not see the result of the subdivision application as the main factor in whether he proceeds with his offer to buy all 2,500 hectares.

"This is not the development vision I would have. It's nice, but my vision would certainly look different," said Ilkay, who is still hoping to build a community with green spaces and different styles of housing.

That would always have required rezoning and community buy-in, Ilkay said.

CRD staff confirmed that WFP is not the only landowner in the area trying to race to beat the new bylaws.

"I predict this could mean quite an increase in density," Kerr said.