Fernie council has rejected a proposed sidewalk variance for the next phases of The Cedars development following debate over pedestrian safety and unfinished infrastructure in the neighbourhood.
The application sought to remove the requirement for a concrete sidewalk on the east side of Sunset Lane, south of Single Track Way. Under Fernie’s Subdivision and Development Servicing Bylaw, the road standard would otherwise require sidewalks on both sides.
Staff supported a continuous 1.9-metre sidewalk on the west side instead, saying it would reduce conflicts between pedestrians and vehicles at driveways and create a more consistent pedestrian route through the neighbourhood.
The proposed variance would also have required the developer to pave an existing pathway near Nordic Boulevard and complete the wider sidewalk through Phase 5.
However, much of council’s discussion focused on infrastructure that residents have been waiting to see completed.
Coun. Kyle Nixon raised concerns about pedestrian safety in the development.
“There’s lots of children in this area. There’s people walking on the roads,” said Nixon. “There’s no sidewalks in any of these Phase 1 through Phase 5.”
Staff later clarified that not every earlier phase was required to have sidewalks. The original neighbourhood design concentrated pedestrian infrastructure along the main route through the development, while smaller cul-de-sacs were approved without separate sidewalks.
Coun. Tracey Kelly said she was concerned the city was being asked to approve another variance partly to secure work that should already have been completed.
“They haven’t done what they were already supposed to do and then we’re going to grant further variances and on the condition that they do what they were supposed to do in the first place,” Kelly said. “It’s almost like we have to give them more to get what we should have had from square one.”
Kelly also raised concerns about lighting and pedestrian safety, saying residents have been walking through areas with little infrastructure in place.
Coun. Kevin McIsaac was more direct in his criticism.
“Fool me once, shame on you. Fool me twice, shame on me,” McIsaac said. “There are five existing portions to this development. Not one person has a sidewalk. Point out any other place in town where that would be okay.”
He said he wanted servicing completed before more homes are built, adding that he has “very little time for this kind of foot-dragging.”
Mayor Nic Milligan said council has also heard from residents frustrated by infrastructure that was expected but has not been completed. He said it is important for the city to use the tools available to ensure future work is completed.
Staff told council future servicing would be secured through a development servicing agreement. The city can require security equal to 125 per cent of the estimated cost of the work and could potentially use that money to complete the infrastructure if the developer misses the servicing deadline.
Staff said the proposed variance would create a more continuous pedestrian route and better separate pedestrians from vehicle traffic.
Council rejected the variance.
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