The developer behind a Tim Hortons restaurant an A & W outlet, and a gas bar has been given the green light to proceed.
By a vote of 5-2, North Cowichan council approved the development at the intersection of the Trans-Canada Highway and Henry Road. The vote came after a two-hour public hearing on May 21.
The developer is Jerry Doman, owner of Centurion Lumber. The Doman family has owned the parcel of land that includes three residences for several years and has been working on developing the property for more than a decade.
David Longpre, who attempted unsuccessfully to buy the property six years ago, is now working with Doman.
He told the public hearing the project is being developed on “a unique parcel of land that will always be separate from Chemainus.”
Longpre says retailers know the market and how the consumers will respond.
“We have a group of tenants who are excited to make a substantial investment,” he said.
There were two issues before council before the project could proceed: rezoning the property from industrial to commercial and overriding the municipality’s Official Community Plan that does not allow drive through restaurants.
Both issues were addressed by a dozen people who spoke at the public hearing. The overwhelming majority opposed the development. Council also received more than two dozen letters and emails related to the development.
The Chemainus Residents Association voiced its concern and noted that a public meeting held last November resulted in an overwhelming rejection of the concept that will see three residences torn down.
Speaking for the Residents Association, Mark Saunders said it was wrong to ignore the Official Community Plan to create low paying jobs. He also said the increased traffic would create an even more dangerous intersection.
“The Chemainus community sees no benefits” Saunders told council.

Rhonda Alderson, who organized a petition that accumulated more than 1,100 signatures from people opposed to the development, said she opposed the development for several reasons.
“I’m not opposed to development, but it has to be smart development,” she said. “This will kill our downtown. Our downtown is struggling, and businesses cannot find staff.”
Chemainus residents rising to speak in favour of the development included Henry Road homeowner Tim Openshaw and downtown business and property owner Ward Yeager.
“The entrance to Chemainus is awful,” Yeager pointed out. “It is a terrible look for our community. The new development would probably be a plus.”
The five councillors in favour of the development included Tek Manhas, Bruce Findlay, Becky Hogg, Mike Caljouw, and Chemainus business owner Chris Istace.
Coun. Christopher Justice and Mayor Rob Douglas opposed the rezoning and amendment to the Official Community Plan.
Several proponents of the development have described the OCP as merely “a guideline” in explaining how overriding its principles is justified.
Mayor Rob Douglas said that view is flawed.
“The OCP is not just a guideline. It was adopted as a bylaw, so it is a lot more than a guideline,” Douglas said, as he recorded his no vote.
Istace says the Doman family has been a valuable supporter of Chemainus over many years and Jerry Doman continues to play an important role on the economic scene in the municipality.
“If this was a drive through in downtown Chemainus, I would have been the first to oppose it” Istace said. “But it’s not.”
Coun. Tek Manhas noted that Doman has been working on this project for nine years and he believes the increased competition will be good for downtown businesses.
“Entrepreneurs get better with competition,” he argued.
Coun. Christoper Justice expressed several reasons for voting against the development, noting ignoring the Official Community Plan was disrespectful to the people who worked hard to create the Plan that was approved three years ago.
“The OCP is an expression of the overall vision of our residents. The community itself worked very hard on it. We should respect the integrity, principles and goals of the OCP,” Justice said.
“This development will detract from the vitality and character that is Chemainus.”
Justice said the public hearing was a clear indication that Chemainus people do not want to see a Tim Hortons restaurant and an A & W in their community.
“We now know over 1,000 locals signed a petition opposing the proposal. I can only say ‘wow’ and I don’t think a community could speak more clearly.”
Rookie councillor Becky Hogg attended the public hearing remotely from Italy where she is vacationing.
The vacation in Italy was planned and booked long before the by-election that saw her elected in April.