CANMORE – A controversial development plan in the Peaks of Grassi neighbourhood is once again on the table after council approved first reading of a new re-zoning application on Tuesday (Jan. 8).
Much like the proposal that was quashed by a judge in the summer, the new application envisions building 27 residential units and up to 13 secondary suites on three parcels of land in the already established subdivision.
In a decision issued July 3, Justice M. David Gates deemed a bylaw to rezone the area for development as invalid because an environmental impact statement (EIS) and third party review required by Canmore’s old Municipal Development Plan (MDP) was not completed as part of the application.
Under the new MDP, an EIS is no longer required, however in an effort to be more transparent, the proponents agreed to voluntarily complete an environmental impact statement and the Town agreed to hire an independent environmental consultant to review it.
Municipal development planner Tracy Woitenko said the conclusions of the EIS found the development would have a “low impact” on the environment.
“Even though there is some uncertainly in the mitigations, which you’ll notice the third party reviewer agreed with, that even with this uncertainty that the mitigations as proposed should not result in significant impacts to the habitat patch or the (wildlife) corridor.”
This is the third time that the owners of the land have applied to have the four acres along Lawrence Grassi Ridge rezoned from urban reserve to a direct control district.
Pierre Doyon, one of three owners of the land, said he was confident the proposal will be a benefit to the community.
“We are confident in the merits of our proposal and hope that Town council will approve the application for Peaks Landing,” wrote Doyon.
“All relevant studies have been completed including an Environmental Impact Statement that was reviewed by the Town’s third party reviewer. The SSR (Sustainability Screening Report) shows a score of 64.5 demonstrating the significance and positive value of the project to the community.”
He said the proposal also aligns with several policies in the MDP, including the addition of seven perpetually affordable housing units.
The proponents of the project first applied to rezone the area in 2014, but were denied by council because the plan only included two perpetually affordable housing units. There was also strong opposition to the development in the neighbourhood and throughout the community.
In 2015, the proponents applied again, but this time the proposal included seven perpetually affordable housing units.
The application was approved by council in January 2016, but was strongly opposed by The Friends of Peaks of Grassi, who filed a legal action against the landowners.
In the spring of 2016 the Court of Queen’s Bench granted an interim injunction concerning the development until full legal arguments for a judicial review could be heard.
Peaks resident and lawyer Mark Gruman filed the judicial review on several grounds that procedural fairness was breached, including the lack of an EIS and third party review of the proposal.
In July, Justice Gates ruled council breached its own rules when it approved the rezoning bylaw without conducting an EIS and third party review.
“I am disappointed that a third application to rezone the land has been made in direct violation of the Settlement Agreement, but am happy that Justice Gates decision has been followed in dealing with the Environmental Impact Statement and Third Party Review,” wrote Gruman.
“I have not yet had the opportunity of reviewing the application and will have further response when I have done so.”
Council approved first reading of the bylaw by a vote of 6-1 with Coun. Vi Sandford in opposition. A public hearing will be held on Jan. 29 at 5 p.m. in council chambers.
