CANMORE – A proposed development adjacent to Policeman's Creek and a trail that runs along it is being questioned by Canmore residents concerned it will negatively alter valued community green space.
In order for the development to proceed, however, it requires council to pass a road closure bylaw to sell land to the owner of three nearby parcels. The road closure bylaw requires three readings by council, a public hearing and approval from the Minister of Transportation.
Development planner Tracy Woitenko said the proposed development is not being driven by the municipality, but the owner of three lots on Railway Court behind the Fairholme Estates.
"The direction of this bylaw is subject to an offer to purchase, which was executed by the Town and the adjacent landowner," Woitenko said.
- RELATED: Town of Canmore selling small parcel of land adjacent to Policeman’s Creek for redevelopment
Council voted to approve the land sale in January after the offer to purchase a 738-square metre parcel of unused road allowance at 12th Street and Third Avenue for $587,000 was made.
Woitenko said if the road closure bylaw needed to sell the land were to be approved by council, the lots would be subdivided to allow for three single family homes to be built.
Adjacent resident Gian-Duri Giger spoke against the bylaw at the online public hearing on June 2.
He said nearby homeowners were not informed about the proposed land sale in a timely manner, or asked for feedback on a decision that would affect their quality of life.
Giger said the area currently is being used as a green space and trail connection that has greater value to the community than the money that can be made selling the road closure.
"Short-term financial gain for the Town and developer should not be prioritized over the loss of green space," he said.
Lisa Jackson, who also lives in the nearby Fairholme Estates condos, opposed the development proposal.
"Personally I have no issue with someone trying to develop the land they own – that is their right," Jackson said. "But where I do have an issue is with this bylaw, which is to increase the square footage of [developable space]."
She said to provide land that is currently being used as a public amenity, the creekside trail, to increase developable space benefits that one property owner at the expense of the rest of the community.
"This just decreases [green space] again and I feel like the Town has an onus on them to look out for the benefit of the whole community," Jackson said, adding she would like to see an environmental impact assessment on the proposed change.
Several written submissions expressed support for road closure and subsequent redevelopment of the site.
"I know this area well," wrote Richard Belzil. "It appears that this proposal will allow the Town of Canmore to realize value from a municipal asset (road allowance) that for the most part is not currently used and will never be fully used in the future.
"And so, closing the subject portion of the road allowance and selling it for fair value is sound public policy."
Speaking in opposition, Jeff Mah questioned placing greater priority on the land's financial and development value for an adjacent property owner, versus what it provides the community as a whole.
"It is a beautiful path and I think there is significant environmental value to that spot," Mah said. "If it were to be developed, I think it needs to be weighed against that concern."
He said the proposed development would push the existing trail up against the back fences of the adjacent condo development, placing the burden of that public infrastructure on them.
"I think a little bit more consultation on this and an environmental assessment on what is happening there would be helpful," Mah said.
Brandy Dahrouge expressed concern that local artist Don Gardner, who's workshop is located on the site being proposed for development, would be displaced.
"I am curious if that is actually a heritage building," Dahrouge added. "My main concern is really around the social enterprise that is happening on that land at the moment and that is the shed and work of Don Gardner."
Gardner's artwork creates replicas of artifacts from human civilization's past, specializing in traditional Indigenous, Inuit and European methods and tools. He is known for his birch bark canoes, skin kayaks, bows and harpoons – all of which he creates in his workshop located in the wooded area under consideration for development.
Dahrouge said his workshop is a community hub for those who want to learn these techniques and is important for the community with respect to reconciliation with First Nations.
"If you have been into that building, it is a living museum and the history of civilization," she said.
The property owner Glen Scott spoke to the configuration of the three lots he owns, which were created 110 years ago.
He said the workshop Gardner uses is partially located on the road allowance, and he proposed the closure of it and sale, instead of seeking an encroachment agreement with the municipality.
The other house on the site may date back to the 1960s, given some markings he has found.
"At the end of the day, I would suggest most of the land I am acquiring appears to be my driveway," Scott said. "If you look at the map that is what it is right now, it functions as a driveway to my house."
Woitenko said as part of the subdivision process there would be requirements to design the trail connection adjacent to the property that provides safe pedestrian access through the area.
"Various landowners have come forward to council, I believe two times in the past ... to present an offer like this, but none of those have gone through," Woitenko added.
Should the proposal move forward, Woitenko said there would be upgrades to the utilities servicing the lots required. That includes new services or water and wastewater, road rehabilitation, as well as installing a fire hydrant.
In January, administration recommended council accept the offer to purchase as there would be benefits to the municipality, including upgrades to municipal services without expense to taxpayers, removal of a septic field next to the creek and revenue from the sale of the land.
At the time, council expressed concerns around protecting the setbacks to the creek. The Land Use Bylaw requires a 20 metre setback, although there are conditions under which a five metre variance can be granted.
Because the landowner intends to consolidate and subdivide the lots to create new boundaries for development, Woitenko said it would not be eligible for that variance. However, she said council can require an environmental reserve dedication at subdivision of a minimum of six metres from the creek bank.
"That would designate the land as environmental reserve, which the Town would own," she said.
