The Westwood Tennis Club earned the advantage in a marathon dispute with neighbours after council agreed Monday that the club has done all it can to reduce noise and traffic concerns.
The city has acted as a mediator between the two sides since October, when the long-standing issue heated up again after conventional zoning was proposed. That zoning would replace an archaic land use contract so the club could increase economic opportunities to keep pace with increasing costs.
To ensure its survival, the tennis club updated its restaurant, hoping to attract people other than members and invited guests, though seating capacity and hours of operation remained the same.
The club has been in its current location since 1978, longer than most of the homes that surround it. It has three indoor courts and four outdoor courts, along with a membership of 200 people and staff of 15.
Opponents say more people will generate more noise and increase traffic on Arbot Road.
Robyn Winkler, who lives next door, said she's disappointed the club withdrew from negotiations to reach further compromise.
"There has not been sufficient face-to-face consultation, and all groups concerned have not actually come together in the same room," Winkler said. "The process has concluded prematurely and the club has shown it is not willing to negotiate further."
Council disagreed, noting the tennis club made 19 key concessions to appease neighbours, including: installing sound attenuation fences; offering to replace the tennis bubble with a permanent structure to reduce noise; limiting the facility to three weddings between April and September; capping restaurant and deck seating; and disallowing a swimming pool or lighted courts.
"The owners of the tennis club are doing everything possible to nurture their business, to feed it and ensure its survival," said Coun. Bill McKay. "On the flip side, I see neighbours and others speaking against it who are being absolutely, in my opinion, totally unreasonable."
Al Kenning, city manager, estimated the dispute has taken up "hundreds and hundreds" of staff hours.
Mayor John Ruttan said the issue needs a conclusion.
"This is a problem that has been going on since the late '70s and at some point we need to get closure on it," he said.
Operators of the Bethlehem Retreat Centre, also located beside the club, expressed concern with increasing activity at the club, saying more noise threatens the peaceful sanctuary of the religious retreat.
Supporters praised owners Cheryl Miller and Gaetan Brousseau for taking all concerns seriously and working to minimize noise and traffic while ensuring their business survives.
"The restaurant is fine dining," said club member Glenys Wall. "The members are all middle-aged. Their days of rowdy behaviour are behind them, if in fact they were ever like that at all."
Council unanimously passed the first two readings of the amendment to the land-use contract. The issue now goes to a public hearing May 3.
Land-use contracts are agreements between a property owner and the local government, regulating site-specific land uses and conditions of development. They were permitted under the provincial Municipal Act during the 1970s and early 1980s.
In Nanaimo, 16 such contracts remain, including the one at Westwood Tennis Club, though the city is seeking to replace them with conventional zoning wherever possible.
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