A zoning bylaw for the Douglas Bay Road area has been approved by the qathet Regional District board of directors.
At the February 24 board meeting, three regional directors voted on the bylaw, which seeks to restrict any new commercial or industrial activity within the defined Douglas Bay Road area. The vote was to be considered by the Electoral Area A, B, C and D directors. Electoral Area C director, who lives in the Douglas Bay Road area, absented himself from the deliberations.
Electoral Area B director Mark Gisborne said if the zoning bylaw is up to the property owners and residents that are directly impacted, his understanding of a public hearing is that it is open to all the public.
“Once the public hearing is closed, we’re not allowed to have members of the public that are impacted come before us as a delegation,” said Gisborne. “So, would members of the public who don’t live in the zoning area, would they be permitted to come before the assembly or to submit their comments or input on this zoning bylaw after the public hearing? Or, would they still also be constrained by the rules in relation to public hearings as those who do live in the zoning bylaw area?”
Chief administrative officer Al Radke said the regional district has the rules to follow as far as process, and in that regard, the regional district would ensure that the people directly impacted would be able to speak up.
Manager of planning services Laura Roddan said the consultation process leading up to development of the Douglas Bay Road bylaw went way beyond the requirements in the Local Government Act.
“We had three rounds of consultation, three public meetings, a survey and the public hearing,” said Roddan. “The majority of residents want this zoning bylaw to move ahead. In fact, this bylaw responds to their request for a zoning bylaw. It simply regulates land use in accordance with what the official community plan says.”
Gisborne said the response didn’t answer his question. He said his question was, after a public hearing has concluded and closed, directors are not allowed to hear any input from the individuals that are impacted – the residents that live in Douglas Bay.
“Are we able to hear input from individuals outside of Douglas Bay once the public hearing has closed, or are they also forbidden from bringing forward additional information?” asked Gisborne.
Electoral Area A director and board chair Patrick Brabazon said directors are forbidden to hear further input.
Gisborne asked if board members would be able to hear from residents outside of the impacted area after the close of the public hearing.
Brabazon said his interpretation was no.
Roddan said after the close of the public hearing, directors are not to hear any further public comment regarding the bylaw until it is considered for third reading and final adoption.
“The public can come to staff, not to the elected representatives,” said Roddan.
Brabazon said what it means is that he and Gisborne, Electoral Area D director Sandy McCormick and Brander are not to accept any comment from the public on the issue, period, after the close of the public hearing.
Gisborne said that just makes him more concerned. He said that seems to make sense that the legislation is clear that it is not just up to the people impacted by the zoning bylaw, it’s actually up to the greater community.
“With that, I will oppose this bylaw,” said Gisborne.
Brabazon and McCormick voted in favour of third reading and adoption of the Douglas Bay Road zoning bylaw, with Gisborne opposed to both votes.
Discussion on the Douglas Bay Road zoning bylaw at the planning committee stage on November 9, 2021 led to the regional board pursuing censure and sanctions against Gisborne for comments made during debate on the zoning bylaw.
