Well I thought we should have this because letts face it.... Merrit doesnt belong in Kamloops and neither does Salmon Arm. Vernon and Penticton doesnt belong in Kelowna.

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West Beach does not contravene bylaw, CSRD told
Kamloops – SALMON ARM — A controversial proposal to develop a motel and RV village near the mouth of the Adams River meets the strict wording of area zoning bylaws, CSRD directors heard Thursday.

Jay Simons, manager of development services for the Columbia Shuswap Regional District, reviewed for the CSRD board a one-page summary of a lengthy brief prepared by legal counsel.

The lawyer’s full report is considered confidential and will not be publicly disclosed, he said.

Simons said the legal opinion was sought after a complaint was filed by 126 residents who are upset by Kamloops developer Mike Rink’s plans to build an RV park at the former Cottonwoods campground, a property adjacent to the outflow of the Adams River near Roderick Haig-Brown provincial park.

Rink’s West Beach Village is in the early stages of construction. His plan calls for a motel, four cabins, 139 RV spots and a restaurant. The project follows Rink’s failed attempt last year to get zoning amendments that would have allowed him to build condominiums at the site.

The opposed residents obtained an opinion from a retired lawyer suggesting Rink’s development contravenes the bylaw. That material, along with a letter calling on the CSRD to enforce its bylaw, was forwarded to the CSRD in late June.

Simons’ summary says the CSRD lawyer concluded that “in almost every material respect,” Rink’s development meets the strict wording of the zoning bylaw. The lawyer also indicates any enforcement action is “likely to have only a limited chance of success.”

The residents suggested Rink had breached a covenant attached to the motel’s building permit. The CSRD lawyer, however, concluded the covenant was put in place to regulate safe use of the land with respect to flooding — not the size or nature of the building itself.

“The CSRD would not succeed on an argument in court that the covenant intends to limit the permitted uses of the land only to motel use,” Simons’ summary states.

Saying the legal battle would be expensive and time-consuming and uncertain in the result, the lawyer does not recommend litigation, Simons said.

Denis Delisle, the area’s director, said it’s unfortunate the current bylaw does not reflect the wishes of the area’s residents. He said he does not believe planners expected there would be such commercial pressure on the area when they drafted the bylaw.

“We’re sort of stuck with it,” he said.

Director Ted Bacigalupo wasn’t so certain, however, saying he thinks it’s time the CSRD test these bylaws in court.

“When are we ever going to take it to the courts and see how good the bylaws are,” he said. “On a (lawyer’s) best hunch, we are saying let’s do nothing.

“If (West Beach) falls through the cracks, the consequences are enormous.”

Chief administrative officer Charles Hamilton said he sees little benefit in shopping for second legal opinions when this report considered all the issues thoroughly.

At this stage, he said it’s more important to fix the bylaw’s wording to prevent future issues on other properties around the Shuswap.

Staff were directed to investigate amendments to the bylaw to prevent future similar issues.

Hamilton also said it’s possible the CSRD could revisit the zoning in the area and downgrade it if it’s deemed densities are getting too high.

“The board is entitled to downzone the (area), if it is not done in bad faith and done across the board,” Hamilton said. “It is an option . . . available to local government.”

Jim Cooperman, a local environmentalist and one of the lead opponents against the West Beach development, is angry a poorly worded bylaw will allow Rink’s development to proceed unchallenged.

“We’d hoped for better news but admittedly, it was a long shot,” he said.

He said he’s dismayed long-term leases like the kind being offered by West Beach are considered “camping” as permitted by the bylaw.

“I’m not sure where these lawyers are coming from,” he said


http://www.westbeachvillage.com/
* So, it sounds like WEST BEACH will be built after all. YEAH!!!!!
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Anyone can see why this is a fought over piece of property. One of the nicest beaches on the lake.

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Company dumps Merritt racetrack plan but moves forwards with housing project

Combining a roadrace track with a housing development seemed like an oddity when it was proposed for the country music festival grounds in Merritt.

A decade later, the market has proven the idea was a non-starter.

Active Mountain Entertainment Corp., the company that produces the Merritt Mountain Music Festival, has red-flagged its plans for motor racing in the Nicola Valley.

"I can't find investors for that," said Claude Lilievre, who led the music festival for 15 years until it ceased in 2010. The company has scheduled a renewed country music festival next month after skipping 2010.

"I waited long enough and talked long enough about it."

Plans for a 4.2-kilometre track designed and constructed to Formula One standards were unveiled in 2001. Four years later, in concert with B.C. Liberal politicians running for re-election, promoters re-announced the project as part of a made-in-B.C. boom.

But the track never got out of the pits. Also headed to the concept junkyard is a theme park proposed along with the track.

"There were all kinds of things we tried to do - so did General Motors," he said. "Plans die and so did the economy."

Now Lilievre's firm is focused on reviving the music festival, July 7-10, along with the housing development.

The only amenity left from the original plans is a golf course, with an undetermined schedule for construction.

Herb Graham, who represents the area at the TNRD board, called scrapping the race track and theme park "a disappointment."

But he said many were sceptical from the onset, given the cost of the project, while others wondered about putting housing and motor racing in the same vicinity.

"We'd have heard it downtown."

Lilievre said the area that was set aside for a racetrack will now to be dedicated for one-hectare ranchette lots that will start at about $200,000, with water and sewer service from the City of Merritt.

Another 200 condominiums are planned along with 460 city-size lots for the entire development. Property to hold concerts on will continue to be set aside.

Rezoning to allow the ranchette lots is expected to be brought before the board of the Thompson-Nicola Regional District in September. Lilievre said he expects support from planning staff because the development is backed by the City of Merritt, which has applied to include the property inside its boundaries.

Graham said many in the Nicola Valley are hoping the music festival becomes a renewed success.

"It really opened doors for the community. People found out where Merritt was."