For the second time in a year and a half, a residential development proposal for the old J.H. Boyd property has been denied.

Lake Cowichan town council refused to give third reading to bylaw and official community plan amendments that would have allowed 34 homes to be built on about five acres of the property, with another four acres sold to the Lake Cowichan Fellowship Church. The rest of the property would have had protective covenants for streams.

"I'm not surprised," said developer John Kelly. "Disappointed, yes."

Kelly said he doesn't expect he will come forward with another plan of his own for the property.

"I just don't see the point of coming up with ideas that get turned down," he said. "If someone comes to me with an idea that seems to have merit, I'll consider it."

He said he has talked to the Ratepayers and to Don Beldessi of the Founders' Independent Living Society about a possible seniors' care facility on the property, but received no return calls. That's when he and Roler came forward with the residential development plan.

Councillor Bob Day moved that the OCP not be amended. The motion carried unanimously, which effectively killed the bylaw amendment as well.

"My reasons are out of respect for the official community plan," said Day, which a year ago was amended to protect P1 zoning. "Personally, I don't think the application gives the OCP due respect."

He said there was a lot of dialogue given to the issue at the recent Union of BC Municipalities to be forwarded to the provincial government to protect P1 lands. The UBCM endorsed a resolution to protect P1 zoning in municipalities.

"If we allow this to happen, we'll be out of P1s. There are ways to make this work in P1."

Councillor Tim McGonigle said his main concern was the traffic on Oak Lane.

"I would have hoped there would be a second entrance from the highway," he said, adding that he also took to heart many of the opposing comments at the public hearing.

"My feelings are the same," said Councillor Jayne Ingram. "A lot of people before us did a lot of work on the OCP to save properties. Huge efforts to develop the OCP were made. I couldn't bring my heart to change it."

She also expressed concern that there wasn't a fire lane for a development with such high density.

Mayor Ross Forrest said he would welcome the church going on the property, which would fit the P1 zoning, but he couldn't support the development.

"I don't think it was fair to lump the church into this rezoning," said Forrest. "I don't see the connection."

For Rod Peters of the Lake Cowichan Ratepayers' Association, it was a good decision. It was the Ratepayers who spearheaded the lobby to have council protect P1 zones in the OCP.

"Council did the right thing," he said. "They followed the OCP."

Duncan Brown, also of the Ratepayers, said he hopes Kelly and Roler will sell to the church.

Bill Wilkin, who lives on nearby MacDonald Road, said he was happy with the decision based on his concerns about access on Oak Lane.

"That was my biggest concern and I don't think it was properly addressed," he said.