Many residents of River Heights Drive are outraged after their appeal regarding the construction of a multi-unit dwelling was recently rejected by Town council.
Earlier this summer, a petition and appeal were submitted by Cochranite Dana Fenech on behalf of Riversong residents who are against the proposed development of an apartment complex at 500 River Heights Drive. The opponents claim the additional dwellings would add to existing traffic issues.
Fenech, residents of Riversong, and legal counsel on behalf of the developer appeared before the Town of Cochrane’s Subdivision and Development Appeal Board (SDAB) on Aug. 15.
Ultimately, the board’s members decided to reject the appeal, citing the Municipal Government Act (MGA) and Land Use Bylaw (LUB).
It’s a decision that’s not sitting well with Fenech and those who signed the petition.
“From this flawed system, we didn’t really have any right to appeal,” Fenech said. “Our rights completely were removed and we had no say in anything.”
According to documents from the appeal board from the hearing, the board acknowledged the concerns made by the residents, but their jurisdiction is limited to the statutory provisions within the MGA.
Although the MGA is provincially mandated, Fenech argues the Town is responsible for the Land Use Bylaw and zoning in River Heights Drive.
“It’s 100 per cent on the Town,” Fenech said. “You can’t blame the MGA on things when the Town is solely responsible for zoning and (it) should have been changed years ago to adapt to the sign of the times.”
According to Fenech, residents have been livid since the hearing. Losing the appeal and not having any say on the development they argue is detrimental to their community has felt like “a kick in the gut.”
After first approaching the Cochrane Eagle about the issue in July, Fenech met with Mayor Jeff Genung, Chief Administrative Officer Mike Derricott, and Executive Director of Planning Drew Hyndman.
“We went over a lot of things, basically [the Town] saying that, ‘We have to let the development happen or we will be sued,’” Fenech said.
Since their meeting in July, Fenech argues that nothing has changed in terms of traffic-calming measures and two new developments have been approved that she fears will create more congestion problems in the community.
“I have been working directly with Drew Hyndman since then on traffic-calming measures. He has been timely and attentive in our discussions and feels there has been due diligence on his part,” Fenech said
Although Fenech and Hyndman have been working toward a solution, she thinks execution on behalf of the municipality has been falling short. Outside of a few peace officers visiting the area, the community has not seen anything substantial.
Measures like speed bumps were rejected by the Town due to safety concerns in winter and applications for photo radar have been placed on hold by the provincial government.
The petition by Fenech has over 500 signatures as of press time, and continues to garner the attention of Riversong residents and people in surrounding communities who want to see more traffic-calming measures implemented.
“I’m calling on the mayor to exercise whatever powers that he has, in which he told me in the meeting the Town has power over some things,” Fenech said.
“You fully addressed this is a problem and you addressed we need to do something about it, so now the residents are calling on you to do something.”
An email from Kristen Huybrecht, manager of inter-governmental relations and corporate communications for the Town, outlined that the SDAB reviewed the application using statutory Town planning documents.
“While the board appreciates the concerns expressed by the local residents, their jurisdiction is limited to ensuring a proposed development upholds the statutory provisions of the Town’s planning documents and the Municipal Government Act,” Huybrect wrote.
“Council appreciates the concerns of the community with regards to roadway safety as it relates to increased traffic, and as a result, area residents can anticipate increased traffic enforcement in the area.”
Fenech believes this is a lesson for every Cochrane resident. She feels that political power largely belongs to the developers and the Land Use Bylaw is flawed.
“Taxpayers should have a say in their own communities. Right now, they don’t. Soon, other communities will be facing this if they aren’t already," Fenech said.
“This appeal process has exposed the cracks in this municipality and things need to change. They can do it now or the next election certainly will."
'We can't stop it'
Although Mayor Genung is working with Fenech to create traffic-calming measures for Riversong, he confirmed that development will continue.
“We can’t stop it. It has been zoned previously and the landowner has the ability and right to develop within the zoning that is in place,” said Genung.
He views the development proposal as something Cochrane desperately needs.
“It has been a gap in our housing-continuum that we have noticed for many years and it is positive that it is being filled by a private industry,” Genung said.
Previous Town councils assumed the development Southbow Landing would have taken place. Phase one included the completion of the James Walker Trail which would alleviate traffic in the area. But due to the project not yet started by the developer, traffic instead flows through Riversong.
Traffic-calming measures, increased enforcement, traffic infrastructure and informing motorists are powers the municipality will continue to use. Additionally, the Town is looking into the development of the James Walker Trail, but the project would cost millions of dollars.
“We are aware that this is an ongoing issue and we would ask for some patience,” said Genung
Mayor Genung says there is a lot of misinformation on the topic and plans to inform the community through an address or via social media soon.
“We’ll work with residents and the community to hopefully find a solution that gets us through to the point where we can get James Walker Trail Completed,” he said.
