CANMORE – An appeal by Stone Creek Resorts against Canmore’s Subdivision and Development Appeal Board (SDAB) will move forward after it was granted by Alberta’s Court of Appeal.
Justice Thomas Wakeling allowed Stone Creek Resorts – the company that owns Silvertip – to appeal SDAB’s decision on five specific grounds in what was a battle over a Basecamp Nordic spa at the entrance to Silvertip.
“A judge of this court may grant an application for permission to appeal if ‘of the opinion that the appeal involves a question of law of sufficient importance to merit a further appeal and has a reasonable chance of success,’” stated Wakeling’s decision.
Wakeling wrote in his Oct. 18 decision that Stone Creek can argue whether the closing of one lane at Silvertip Trail can count as a closure under the Municipal Government Act (MGA); if it has, if the Town complied with the necessary provisions and if SDAB made a legal error in not asking Basecamp if they met a specific section in the Town’s land use bylaw when it came to fencing and landscaping.
The final two grounds are if SDAB complied with Section 643 of the MGA – which focuses on non-conforming use and non-conforming buildings – and if SDAB made a legal error on four approval conditions for Basecamp’s development permit.
The application to apply for the appeal was made Sept. 26 in Calgary.
The decision stems from multiple SDAB meetings in April and May that culminated with a lengthy hearing resulting in an SDAB decision in favour of Basecamp.
The disagreement between Stone Creek Resorts and Basecamp was at the site of the new MTN House Hotel with Rhythm and Howl restaurant where the former 99-unit Holiday Inn was.
The Town had provided Basecamp with a development permit to construct new buildings as part of a Nordic spa after approval from the Canmore Planning Commission (CPC). While Stone Creek emphasized they had no issue with the Nordic spa, it highlighted issues with parking, traffic, infrastructure cost-sharing, landscaping and access to Silvertip Resort.
CPC’s approval allowed for four accessory buildings and multiple outdoor hot and cold pools with outdoor seating. The area is under construction.
In March, Stone Creek filed its appeal to go to SDAB since it felt the development permit didn’t follow council’s directions in the direct control district, land use bylaw, the Municipal Development Plan and the MGA.
It also highlighted concerns of removing a vehicle lane for a bike lane and the Town didn’t follow the MGA.
“The Town provided no evidence that the closure will maintain the current level of safety for the Silvertip community, particularly during construction under the Silvertip [area structure plan],” Stone Creek’s appeal to SDAB stated.
Town staff stressed the development permit had no requirements to close the road, which could only happen through a council-approved bylaw.
Riley Welden, a planner with the Town, told the board at the May hearing the Town was not closing the road right-of-way.
Stone Creek’s appeal to SDAB also noted under the direct control district, it didn’t allow eating and drinking establishments.
“The Municipal Government Act says if you have a non-conforming use, you can’t build any additional buildings on the property,” Churyl Elgart, the legal representative for Stone Creek, said.
The immediate site is part of the Silvertip Trail direct control district, but is within the Silvertip ASP.
The plans for the development permit will also have extra landscaping, the fence being behind the AltaLink electrical poles and having emergency access as needed by emergency personnel.
Stone Creek also has its own future development plans for a spa, but Basecamp previously stated it believes it will not be impacted by its own Nordic spa development.
Canmore’s quasi-judicial board ruled for Basecamp to build or pay for a pathway as part of its off-site levy requirements as well as provide an access easement for the pathway, a fence screened by landscaping along Silvertip Trail and the emergency access only permitted for emergency vehicles.
The board outlined the Nordic spa would only be for hotel guests, with an additional development permit being needed for the general public to use.
“The board acknowledges that accessory use is discretionary. The board finds that a spa in this location is appropriate and is consistent with the neighbourhood,” stated the board’s May decision. “In particular, a spa is a typical use with a hotel and fits with the existing hotel use.”
Birol Fisekci, president of real estate for Basecamp, told the Outlook in May they were happy with the outcome and are eager to move forward with construction. He said they aim to have the Nordic spa – which will be the first in Canmore – open in late summer or early fall 2025.
“I think all those conditions lend themselves nicely to creating a great experience for Canmore and that’s a key is ultimately we all want the same thing,” he said. “We want to create special places for Canmore. I think we’re able to accomplish that.”
The appeal to SDAB was heard in May, with its decision being released in the same month.