Farrell Rd. covenant stays

Proposed development on Farrell Road will need to stay within the density limit

A proposed development on Farrell Road will need to stay within the density limit that was established 10 years ago through a covenant on the property.

A large standing-room-only crowd filled Ladysmith council chambers for the March 2 meeting, and most people were there to hear what council would do with a request to discharge a covenant from the lot at 606 Farrell Rd.

The title of the property includes a covenant held by the Town, and the language of that covenant indicates an intention to secure an overall 15-unit density limit and to give the Town the ability to control the form of development on the site, Felicity Adams, the Town’s director of development services, explained in her report to council.

In 2005, the previous owner completed an Official Community Plan (OCP) amendment and rezoning process in which the subject properties were designated as multi-family residential and were rezoned to the low-density residential zone. As part of the process, a covenant was registered on the certificate of titles for the rezoned land.

In 2006, a development permit was issued for the property, and the first three units of the 15-unit development were constructed on the land. The development permit expired in 2008, as the project was not completed in the timeframe stated in the permit.

In 2010, the previous owner requested that council consider discharging the covenant, but council did not support the removal or replacement of the covenant.

The property was sold in 2014, and the current owner made pre-application inquires to the Town regarding development concepts, according to Adams.

The property owner has asked staff to seek council’s approval to release the covenant. The owner is proposing 25 new units, where currently, with the covenant, only 12 new units are allowed, as three have already been built on the property.

Explaining the history of the property, Coun. Rob Hutchins made a motion that council not support the removal or replacement of the covenant, just like council had decided back in 2010 when the previous owner approached council.

“When this initiative came forward, it was very clear, back in 2005 I believe it was, that discussion surrounded around the proposal for 15 units,” he said. “There was support in the neighbourhood for the proposal, but there was also concern expressed that ‘if you grant this 15, how do we know it’s not going to turn into 20, 25 in the future,’ so the recommendation was that we can assure that by the establishment of a covenant on the property.

“Five years later, the owner of the property wasn’t as successful with the 15 units, and he wished to dispose of the property and found it would be more disposable if the covenant was lifted. However, those members of council who were there at the time and were there in the rezoning process have a clear recollection that the community was supportive of the rezoning way back then because there was such a covenant. I don’t think things have changed there, so I am personally not supportive of lifting the covenant that was established there for the rezoning process.”

Noting that the proposed density is “way beyond” any kind of green planning so she wouldn’t stand for this, Coun. Carol Henderson pointed out how many people were at the council meeting and guessed that they were likely there because they opposed the request to remove the covenant.

“The lot is not suited for more than the 15 that was covenanted,” she said.

 

 

Just Posted

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

CVRD to increase enforcement after audits reveal that curb-side recycling contamination in the district is well above acceptable limits. (File photo)
CVRD reports contamination in recyclables well above acceptable levels

Increased enforcement planned starting this summer

A conceptual rendering of the commercial plaza at 1130 Rocky Creek Road. (Town of Ladysmith/June 15 Council Agenda)
Rocky Creek commercial plaza passes public hearing

The proposed plaza at 1130 Rocky Creek Road would bring commercial activity to Ladysmith’s north end

Kate Cram and her team at Old Town Ice Cream are thrilled to be open for business. (Cole Schisler photo)
Old Town Ice Cream opens up right on time for summer

Located at 539 1st Avenue, Old Time Ice Cream is open from 10 a.m. to 7 p.m. daily

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

Tokyo 2020 President Seiko Hashimoto and IOC President Thomas Bach, on a screen, speak during a five=party online meeting at Harumi Island Triton Square Tower Y in Tokyo Monday, June 21, 2021. The Tokyo Olympics will allow some local fans to attend when the games open in just over a month, Tokyo organizing committee officials and the IOC said on Monday. (Rodrigo Reyes Marin/Pool Photo via AP)
Tokyo Olympics to allow Japanese fans only, with strict limits

Organizers set a limit of 50% capacity — up to a maximum of 10,000 fans

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

A portion of the George Road wildfire burns near Lytton, B.C. in this Friday, June 18, 2021 handout photo. THE CANADIAN PRESS/HO, BC Wildfire Service *MANDATORY CREDIT*
Blaze near Lytton spread across steep terrain, says BC Wildfire Service

Fire began Wednesday and is suspected to be human-caused, but remains under investigation

Blair Lebsack, owner of RGE RD restaurant, poses for a portrait in the dining room, in Edmonton, Friday, June 18, 2021. Canadian restaurants are having to find ways to deal with the rising cost of food. THE CANADIAN PRESS/Jason Franson
Canadian restaurateurs grapple with rising food costs, menu prices expected to rise

Restaurants are a low margin industry, so there’s not a lot of room to work in additional costs

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

A Lotto 6/49 ticket purchased in Parksville for the June 19, 2021 draw is a $3M winner. (Submitted photo)
Winning Lotto 6/49 ticket worth $3M purchased on Vancouver Island

Lottery prize winners have 52 weeks to claim jackpot

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

Most Read