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OCP and zoning amendments approved for Galloway Lands
The Regional District of East Kootenay (RDEK) board of directors this morning (May 12) passed the third reading of official community plan (OCP) and Elk Valley zoning amendment bylaws covering the Galloway lands in Electoral Area A, west of Fernie.
Nine directors voted in favour of moving forward with Bylaw Nos. 3213 and 3214 (Lizard Creek / CH Nelson Holdings Ltd – Galloway Lands), while six voted in opposition, following an 85-minute debate.
The bylaws will be forwarded to the Ministry of Transportation and Infrastructure for approval under section 52 of the Transportation Act. If Ministry approval is granted, the Development Agreement proposed by the applicant must then be registered on the title of the lands subject to the bylaws.
Once confirmation of the registration of the Development Agreement has been received, both bylaws will come back before the RDEK Board for adoption.
Bylaw Nos. 3213 and 3214 cover the CH Nelson Holdings Ltd. application to amend the Elk Valley OCP and zoning bylaw for four subject properties (185 ha total) to accommodate development of an access road, approximately 90 residential acreages and the creation of a 94-ha conservation / recreation parcel.
Electoral Area A Director Thomas McDonald, who chaired a packed public hearing May 3, told the board he supports the OCP and zoning amendments because RDEK planning staff recommend approval (see below).
“As an area director I am committed to informed and balanced solutions that will benefit our community. I believe that the Galloway land use application strikes the balance we are looking for,” he said.
The Galloway lands proposal meets “many environment concerns,” McDonald said, by protecting the Lizard Creek corridor with greater setbacks from the creek and once approved having to complete an environmental assessment and assess environmentally sensitive areas.
Additionally, the traditional use of the land by the public (hiking, biking etc.) will be allowed to continue, he said.
A secondary egress from Fernie Alpine Resort will also be a benefit from the proposed development, McDonald said.
“This is vital to the resort community as currently there is only one access and noted as a concern by the board in prior meetings.”
He added the development will also be a benefit in terms of jobs and tax revenue.
“The Galloway lands decision is an important decision for all of us. As the area director for this application I have engaged in the consultation process with my fellow directors, RDEK staff, community members and community groups. I believe that this proposal balances environmental concerns, public access and economic growth.”
City of Fernie Mayor and Director Nic Milligan spoke against the amendment and rezoning, which will abut Fernie.
“This is a very, very important decision we are about to make. Make no mistake, we’re at an important crossroads and the decision we make today will shape the future trajectory of our entire region going forward. This is not an Elk Valley decision. This is a decision that will have ramifications for the entire East Kootenay. This decision will impact for generations,” he told the board.
“Are we working to sustain our liveable, friendly, authentic communities into the future or are we setting ourselves on a trajectory that squanders our natural assets? The very thing that draws people here – this in favour of short-term economic gain,” he said, warning the board about the creation of exclusive communities that squeeze locals “to the margins and erode the values we hold dear. Just as it erodes the services we enjoy every day. Authenticity is not an esoteric idea, it is a very real thing.
“It is the soul of our communities and it is supported by our natural surroundings and by the variety of people and a variety of income levels who are able to enjoy the natural environment.”
Milligan said he fears Fernie losing its authenticity. “The mix of service workers, nurses, teachers, trades people, coal miners, small businesses, young families and individuals and single people is being lost in favour of exclusive playgrounds for the wealthy. We cannot do the same thing over and over and expect different results.
“I suggest this is our opportunity to set a different path and change the development pattern.”
Mayor Milligan also noted the May 3 public hearing was illuminating as “many, many speakers were very careful to say they were not opposed to development. They want thoughtful and good development that’s centred under the umbrella of social, economic and particularly environmental values; something that updated OCPs can deliver.”
Milligan warned the board that if it disregards the feedback from the hearing, it will create more cynicism among residents toward the regional government. “We may not recover from the depth of cynicism and mistrust. Do not minimize the value of the public hearing.”
The regional board continued the debate on Bylaw 3213 and Bylaw 3214 for another 70 minutes before voting.
Voting in favour of passing third reading of the bylaws: Area A Director Thomas McDonald, District of Sparwood Mayor David Wilks, Area C Director and Board Chair Rob Gay, Area E Director Jane Walter, Area F Director Susan Clovechok, Area G Director Roberta Schnider, City of Kimberley Mayor Don McCormick, Village of Radium Hot Springs Mayor Michael Gray and Village of Canal Flats Mayor Mark Doherty.
Voting opposed: City of Fernie Mayor Nic Milligan, Area B Director Stan Doehle, City of Cranbrook Mayor Wayne Price, Cranbrook Coun. Norma Blissett, District of Elkford Mayor Steve Fairbairn and District of Invermere Mayor Al Miller.
“I want to acknowledge and thank everyone who participated in the process, whether it was in conversations with Directors, through written submissions or participation in the two nights of public hearing earlier this month,” said RDEK Board Chair Rob Gay.
“It was clear from the thoughtful discussion during Friday’s board meeting that Directors have spent considerable time listening, going through information and considering all points of view in helping inform their position. And, while there were a range of opinions around the table, it was good to see our board demonstrate such respect for one another in spite of differing views.”
The RDEK planning staff report states, “The majority of the lands have been designated for resort expansion. As the resort developer is not proposing to acquire the lands and is instead expanding the resort in a southerly direction, a change in OCP designation is appropriate.
“The subject land is a large, high-profile property containing many environmentally sensitive areas and important wildlife attributes, in addition to supporting significant year-round public recreation use. There is presently no permanent mechanism in place for this privately-owned property to prevent clear cut logging, protect environmentally sensitive areas or ensure public access to the property. The application proposes to change this by: a) introducing parcel specific development permit requirements to help protect environmental sensitivities, b) including a no build covenant over the portion of each residential lot outside the building envelope, c) proposing to register statutory right of ways (SRW) to permit public recreational use including an SRW over a future trail corridor connecting Mount Fernie Provincial Park to Fernie Alpine Resort, and d) offering to transfer approximately half of the land area to a conservation group for ongoing conservation and recreation management, including conservation of the entire Lizard Creek corridor within the subject properties.
“The OCP policies generally favour more compact development with opportunities for more efficient use of land; however, this proposal balances these OCP conservation objectives with rural residential development policies and accommodates continued public access to the lands for non-motorized recreation.
“The proposal is also improved by the provision of community servicing and by offering use of the main access road (proposed as a private road) as an emergency egress route under SRW with the RDEK for emergency responders, residents and public users of Fernie Alpine Resort,” the staff report said.
See the Public Hearing Report.
Lead image: A map showing the Galloway lands property. Maps from RDEK board agenda
Ian Cobb/e-KNOW
