Target Marine could get second chance

Target Marine Hatcheries may be allowed to process sturgeon for caviar in Sechelt after all.

The company will have another chance to have their zoning bylaw amendment considered after a defeated motion was rescinded by council May 4.

At the April 20 council meeting, a motion to amend the zoning bylaw to allow processing of sturgeon for caviar was defeated in a tie vote. Councillors Warren Allan, Alice Janisch and Keith Thirkell voted against it, while Mayor Darren Inkster and councillors Ann Kershaw and Alice Lutes voted in favour. Coun. Fred Taylor was not in attendance at the meeting.

But Wednesday night Thirkell brought the defeated bylaw amendment forward again, suggesting it be rescinded after receiving a conceptual drawing of the building to be constructed for caviar processing.

Thirkell said the reason he voted against allowing the zoning bylaw to go forward at the April 20 meeting, was that he was not given assurances the building to be constructed for caviar processing would not exceed 2,000 sq. feet (180 sq. metres) in size.

"Since last week I have received information from the proponent, and it's basically a one-storey building that's being drawn up that is 350 sq. feet (32 sq. metres). I wish this had come forward a lot sooner," Thirkell said.

A question was called as to the legality of rescinding a previously defeated motion based on what was considered to be new information.

Director of corporate services Joanne Frank assured council the move was legal.

"It's appropriate. We've actually checked with the solicitor on this. In terms of how council moves forward, now is the opportunity to make further amendments to the zoning bylaw," she said.

Thirkell noted that as long as the density does not increase, the move is allowable.

He made the motion to rescind the previously defeated motion, but Taylor objected, saying it was not appropriate Target was talking to councillors and staff following the public hearing and that the public was not made aware of the building design, signalling a need to go back to public hearing on the issue.

But staff disagreed.

"I would more characterize it as staff working with the proponent than actually in negotiation," Frank said. "It's quite appropriate, and as a matter of fact, the legislation acknowledges this and says that if council chooses to make amendments to a rezoning bylaw or official community plan bylaw that does not increase density or change the use, then that can take place subject to approval of the proponent or applicant."

When the vote was called to rescind the previous motion, it passed with Inkster, Kershaw, Lutes and Thirkell in favour and Allan, Janisch and Taylor opposed.

At that point Allan raised another procedural question as to the need for a two-third majority vote. After a short recess, staff came back saying a simple majority was enough.

Council asked staff to come to the next committee of the whole meeting with a report for discussion, but Allan questioned that as well, saying it should come to the planning committee, which he chairs. Staff said it should stay in committee of the whole because that's where the issue was first heard.

It is expected that Target's application will be thoroughly discussed at the next committee of the whole meeting May 11 at 1 p.m.