A dispute over the rezoning of a parcel of Saanich farmland has neighbours raising a stink over 23 resident cows and the imminent arrival of 77 more.
The longtime owners of the land, the Alberg family, want to rezone a 1.64-hectare lot at 1516 Mount Douglas Cross Rd. to allow a higher density and create a subdivision similar to those on neighbouring properties.
But the land is in the Agricultural Land Reserve, and Saanich council has said it cannot approve a rezoning application while land remains in the reserve. Council wants the Agricultural Land Commission to approve removal of the land from the reserve before it is rezoned to a higher density.
The Albergs have so far refused to do it Saanich’s way, saying they want Saanich to rezone the land while it’s still in the ALR. The Albergs recently brought cattle onto the land and say they intend to establish a feed lot. With recent rains, parts of the property have turned into a quagmire.
Their lawyer, John Alexander, said council has no legal basis to ask it first be removed from the land reserve.
“There’s absolutely nothing that stops council from deciding on the appropriate zoning for this land,” Alexander said.
“It makes no difference if it’s in the ALR and that, as far as I’ve been able to tell, has been confirmed by the land commission.”
The basic issue is what kind of density is appropriate for the land, he said.
Despite the legal to and fro, some neighbours say they want the matter resolved.
“It’s a muck hole,” said neighbour Janet Stark, who has lived next door to the Alberg property for seven years. “Honestly, what is currently happening is serving no one. … It’s certainly not helping the neighbourhood,” Stark said of the feed lot. “Nobody is benefiting, including the cows.”
The Albergs don’t want to ask for the land to be removed from the ALR only to have Saanich council deny the rezoning application.
Don Alberg said the family “is in a bit of quandary. The mayor is saying one thing and everybody else is saying other things.”
Alberg and his brother Gordon spent Thursday putting up fencing to accommodate more cattle.
He said the family no longer has much confidence in Saanich council allowing them to subdivide.
The situation has evolved into “a mucky mess,” Alberg said.
Mayor Frank Leonard said he has met with neighbours, reiterating the process to rezone means the Albergs first have to remove the land from the ALR.
“I’ve tried to be of assistance to the Alberg family … but they’re certainly testing everyone’s patience,” Leonard said.
The suggestion that Saanich can rezone the land while it’s in the ALR is misguided, he said.
“I’ve made it quite clear to the neighbours that we cannot rezone land to a use that’s prohibited by the ALR, that putting more houses [on the land] is a prohibited use — so that’s a no go, right there,” Leonard said.
But having cattle roam the property “is serving no one,” Stark said.
“It’s not moving the Albergs primary goal forward. It’s certainly not helping the neighbourhood.”
The cattle are eroding a Garry oak grove, she added.
“I understand the Albergs are frustrated … and Saanich has mismanaged this, but that does not give the Albergs licence to do what they’ve done,” Stark said. Putting cattle on the land “is starting to look a bit like a tantrum.”
