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PUBLIC HEARING NOTICE – BYLAWS 3213 & 3214 – Bylaw Amendments – Galloway Lands

The Regional District of East Kootenay (RDEK) Board of Directors is considering an application by C.H. Nelson Holdings Ltd. to amend the OCP and zoning designations of approximately 185 ha of land within 4 subject properties. The amendments will facilitate subdivision of approximately 90 residential acreages and creation of a large conservation/recreation lot.
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The Regional District of East Kootenay (RDEK) Board of Directors is considering an application by C.H. Nelson Holdings Ltd. to amend the OCP and zoning designations of approximately 185 ha of land within 4 subject properties. The amendments will facilitate subdivision of approximately 90 residential acreages and creation of a large conservation/recreation lot. The OCP bylaw amendments also propose to add development permit area requirements to the subject land, one for environmental protection and one for wildfire hazard mitigation. The subject properties are located near Highway 3, between The Cedars development (City of Fernie), Mount Fernie Provincial Park and Fernie Alpine Resort as shown on the attached map.

Map 1

Bylaw No. 3213 cited as “Regional District of East Kootenay – Elk Valley Official Community Plan Bylaw No. 2532, 2014 – Amendment Bylaw No. 16, 2023 (Lizard Creek/C.H. Nelson Holdings Ltd – Galloway Lands)” will amend the OCP designation of The East 1/2 of District Lot 4129, The North 1/2 of District Lot 4126, the Remainder of District Lot 8900, and part of the Remainder of District Lot 4130, from RR, Rural Resource and RE, Resort Expansion to SH, Small Holdings and OSRT, Open Space, Recreation and Trails. This amending bylaw will also add development permit area requirements for the properties for environmental protection and wildfire hazard mitigation.

Bylaw No. 3214 cited as “Regional District of East Kootenay – Elk Valley Zoning Bylaw No. 829, 1990 – Amendment Bylaw No. 106, 2023 (Lizard Creek/C.H. Nelson Holdings Ltd – Galloway Lands)” will amend the zone designation of The East 1/2 of District Lot 4129, The North 1/2 of District Lot 4126, the Remainder of District Lot 8900, and part of the Remainder of District Lot 4130 from RR-60, Rural Resource Zone and RR-8, Rural Residential (Country) Zone to RS-4, Single Residential (Extensive) Zone and PG-4, Resort Open Space and Trails Zone. This amending bylaw will also add ‘Park’ as a permitted use in the PG-4, Resort Open Space and Trails Zone.

A public hearing will be held over two nights. Those interested only need to attend one day of the hearing.

The first day will be in-person at:

Fernie Family Centre 521 – 4th Avenue Fernie, BC Wednesday, May 3, 2023 at 7:00 pm

Registration is not required to attend the in-person portion of the hearing but you must arrive between 6:30 and 6:45 pm to sign up at the door if you wish to speak.

The second day will be held online via:

Zoom Webinar Thursday, May 4, 2023 at 7:00 pm

Link for the Zoom Webinar livestream: https://us02web.zoom.us/webinar/register/WN_A5sYT_nHS-Svp9eLNlWbkg

Registration is not required. However, if you wish to speak you must request to be added to a speakers list by emailing tvandewiel@rdek.bc.ca by Monday, May 1, 2023 at 4:30 pm. Email requests must include the name of the speaker and the address of your property that you feel is affected by the proposed bylaws. Please note that only those who are on the speaker list will be able to make a verbal presentation.

The speaker list capacity will be limited to ensure those registered have an opportunity to speak. If an additional date is required, it will be organized in accordance with the Local Government Act. Additional date(s) will be added and the information made available on the RDEK website at www.rdek.bc.ca click Meetings/Minutes, Public Hearings and Meetings.

The Board has delegated the holding of this hearing to the Directors for Electoral Area A, Electoral Area C, and the City of Fernie. If you believe that your interest in property is affected by the proposed Bylaws, you may prior to the hearing:

  • inspect the Bylaws and supporting information by requesting that an information package be emailed to you by contacting tvandewiel@rdek.bc.ca. Information packages may be requested up until Monday, May 1, 2023 at 4:30 pm;
  • mail or email written submissions to the addresses shown below before Monday, May 1, 2023 at 4:30 pm;
  • present verbal submissions at either portion of the public hearing.

Please note that a question and answer period will not occur during the public hearing. You must address any questions related to the bylaws to the Planning Technician prior to the public hearing.

Due to the anticipated volume of interest in the bylaws, public hearing procedures have been determined in advance. Each speaker will have two minutes to speak. Written submissions provide an opportunity to submit longer comments. Written comments may be referenced in the verbal presentations but should not be read verbatim as they already form part of the public record. Attendees will have one additional opportunity to speak after everyone else has spoken. Technical support will not be provided at the public hearing so attendees at the Zoom portion of the hearing should ensure that their audio works prior to attending. It is recommended attendees be familiar with the mute/unmute and raise hand functions in Zoom.

SUBMISSIONS CANNOT BE ACCEPTED AFTER THE PUBLIC HEARING.

All submissions will form part of the public record and will be published in a meeting agenda posted online. Personal contact information such as phone and email will be removed from written submissions. Questions about the disclosure of your personal information may be referred to the Corporate Officer at 250-489-2791 or 1-888-478-7335.

This notice is not an interpretation of the Bylaws. For more information, contact Tracy Van de Wiel, Planning Technician, at 250-489-0311, or toll free at 1-888-478-7335, or email tvandewiel@rdek.bc.ca.