MD OF BIGHORN – A proposed change to amend the land use bylaw for the Rafter Six Tourist and Recreation District is meeting opposition in the MD.
The bylaw proposal states after considering factors such as topographic limitations, MD administration proposed reducing the district’s front, rear and side yard setbacks by 83 per cent from 30 metres to five. The proposal notes the 30-metre setback requirement was a carryover from standard agricultural setbacks.
Fiona Mactaggart, founder of the Star 6 Ranch, said she understands the need to modernize land use bylaws (LUBs), but that the change in setbacks is not the way to go about it.
“What they are proposing, is an adjustment to an existing setback,” Mactaggart said. “One of the main reasons I disagree with it, is there already exists a provision in the MD to relax setbacks in the entire MD based on a case-by-case basis. The Star 6 Ranch has already taken advantage of this provision within the last five years.”
Mactaggart said if a business owner wants to build something and encroach on a setback, there is an opportunity to present the argument to the MD as to why the setback should be relaxed.
“With this provision that already exists, that to me is very useable and more than what is necessary.”
According to Mactaggart, the issue of non-compliance to setback requirements is a much bigger issue that should be dealt with.
“Rather than dealing with a pretty significant issue of non-compliance, the MD is choosing to change a very good law.”
Municipal administration brought first reading at council’s January meeting. Bighorn staff said the recommendation was to pass a new bylaw that would see the Rafter Six Resort and Recreation District area structure plan be updated to include the 2018 land use bylaw.
The area structure plan (ASP) has the 1996 land use bylaw, which was replaced in 2010, but remains in the Rafter Six ASP.
At the January meeting, Peter Scholz, the director of planning for the MD, said it was brought forward to avoid having sections of one bylaw in a different bylaw to prevent duplication and confusion.
Coun. Joss Elford raised potential legal issues at the council meeting for the MD if residents were impacted and was the lone vote against the reading.
Minimizing the impact on the surrounding landscape is important to Mactaggart, who said she and her husband spent eight years researching and planning to develop their property to minimize their impact on the environment and to respect their neighbours.
“The Star 6 Ranch is entirely surrounded by vastly important land and a river,” Mactaggart said. “It is surrounded entirely by Bow Valley Provincial Park, Kananaskis Wildland District, the Kananaskis River and a critical wildlife corridor, which is evidenced by the wildlife overpass that is being built just to our west.
“Now is not the time to put even more pressure on our wild places when we already have good laws in place that are doing their best to protect our wild places,” Mactaggart said. “Especially when a provision already exists to relax setbacks on a case-by-case basis.”
Mactaggart added she understands dealing with discrepancies may exist between LUBs and ASPs and the need to fix that, but added a vast change is “completely ridiculous and unwise.”
Looking ahead to second and possible third readings of the bylaw, Mactaggart hopes instead of dealing with changing the setback, council focuses on non-compliance.
“This is a brand new council. I was very happy we were going to get a fresh council of new people who were keen and wanted to learn,” Mactaggart said. “For me, this is a tremendous opportunity for this council to learn from this and to say that if something is non-compliant, if it is illegal, we should deal with that rather than making a sweeping change to a perfectly good law.”
Mactaggart also wants council to look farther down the road when making these changes.
“What council needs to be very aware of, is that when you are making laws, you are making laws that could be in place for a very long time,” Mactaggart said. “Be very cautious of the laws that you are making and make sure they are wise and well thought out.”
