CANMORE – Dozens of residents voiced their opposition to a controversial development project in the Peaks of Grassi neighbourhood during a public hearing on Tuesday night (Jan. 29).
For over three hours, 32 residents stood up to express their dismay that council was once again considering a development project that has been mired in controversy and legal challenges since 2014.
The majority of the concerns focused on the development’s impact on wildlife, flood risk, traffic safety and the Town’s 1998 settlement agreement, a non-binding agreement that was supposed to cap development in the subdivision.
Pierre Doyon, one of three proponents of the project, was the first to speak in favour of the proposed development, which envisions building 27 residential units and up to 13 secondary suites on three parcels of land. The plan also includes seven perpetual affordable housing units.
“Peaks Landing is the most studied infill development project ever done in Canmore,” said Doyon, who lives in the neighbourhood along with his two business partners.
“The information in these studies and the proposed mitigation measures will result in a better and safer community.”
As part of the new application, the proponents voluntarily agreed to complete an Environmental Impact Statement (EIS) and allow a third party to review it, which found the development will have a “low impact” on the environment.
The proponents decided to include the study after a judge quashed the Town’s rezoning bylaw last summer on the grounds that it was invalid because an EIS and third party review required by Canmore’s old Municipal Development Plan was not completed as part of the application.
Under the new Municipal Development Plan, an EIS is no longer required.
Mark Gruman, who launched the legal challenge in 2016, urged council to listen to concerns and floated the idea of launching another legal challenge should council approve the development project.
“Justice Gates decided that by failing to follow your own rules the Town’s process was so devoid of procedural fairness as to bring the administration of justice into disrepute,” said Gruman.
“Such a clear rebuke from an independent Justice I truly hope will send a strong message to council to listen carefully to what you hear from your citizens, to give thoughtful and respectful consideration, and do the right thing because you’ve been given a second chance.”
He suggested another legal challenge could be launched on the basis the proposed development is situated in an area of heightened flood risk and the Town has not properly considered and weighed the evidence against the development.
“It’s bad enough that the Town allowed our home in the Peaks to be built within a flood zone. Why would any reasonable council even consider building in this area with the knowledge now available, and to do so, in my reasonable submission, is grossly negligent,” said Gruman.
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.
According to Doyon, their proposal aligns with several policies in the MDP, including the addition of seven perpetually affordable housing units.
Steve Ashton, chairman for Canmore Community Housing Corporation, was one of two residents to speak in favour of the proposal during the public hearing.
“CCHC believes the development will have a positive impact on the community that needs this type of housing and believe we’ll have no problem selling this product to our waitlisted clients,” said Ashton, explaining there are currently 118 people on its waitlist.
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, a group that filed a legal action against the landowners, which was later withdrawn.
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 challenge against council’s rezoning bylaw could be heard.
Justice Gates overturned the bylaw in July 2018, stopping the development in its tracks.
The proponents reapplied in early January with a new application that included an EIS and third party review and council approved the first reading of the bylaw on Jan. 8 by a vote of 6-1 with Coun. Vi Sandford in opposition.
To hear all the submissions shared by residents during the public hearing visit the Town’s website. Council will consider second reading of the rezoning bylaw on Feb. 5 at 9 a.m.
