FORMERLY THE ROCKY VIEW FIVE VILLAGE WEEKLY
Volume 35, Number 28	OFFICIAL NEWSPAPER FOR THE MD OF ROCKY VIEW #44	Tuesday, July 8, 2008
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Bragg Creek area rancher obtains subdivision
Enrique Massot

The MD of Rocky View council was torn on an application to subdivide a local ranch south of the Bragg Creek Provincial Park.

The application to subdivide the 106-acre Boyce Ranch into two parcels was approved in a close 4-3 vote in spite of a recommendation for refusal issued by Rocky View’s planning department.

"They are trying to achieve the continuation of their operation," said area Coun. Harvey Buckley, who spearheaded approval of the proposal. "I do not see another option for these people."

Buckley added council could exercise discretion to estimate whether the subdivision would interfere with the activities of the neighbourhood.

Buckley’s motion, however, did not sit well with councillors who have supported non-conforming applications in the past.

"I am sitting on the fence on this one," said Coun. Paul McLean. "Are you going against our policies?"

Since being elected, Buckley has expressed support for MD policies protecting the integrity of agricultural land.

A previous application to redesign Boyce’s land to allow for subdivision had been rejected in January.

At the time, landowner Don Boyce told council during a public hearing that the rezoning was intended to allow for subdivision of his land into two parcels. The proposed parcels were intended to facilitate transferring land to family members, who would then continue practicing, on their own, existing agricultural activities. However, Boyce did not provide a plan for a new and enhanced agricultural operation, which is a requirement of Rocky View’s municipal development plan when subdivision of an agricultural parcel is proposed. As a result, his application was turned down.

The application presented to council on June 24, however, did not attempt to rezone the land but requested a non-conforming approval for the subdivision of a 44-acre parcel and a 62-acre parcel. The land, however, remained under its original ranch and farm district after council approved the subdivision.

Reeve Lois Habberfield voted against the proposal saying it contradicted the MD’s policy.

"I sat here and heard how we have to support policy," she said. "I am sorry for the Boyces."

Coun. Earl Solberg, on the other hand, supported Buckley’s motion and said a section of the Municipal Government Act allows municipal councils some discretion to approve non-compliant subdivisions when they consider the proposal to conform to the use prescribed for that land, and does not unduly interfere with the use, enjoyment and value of the neighbouring parcels.

"It’s a judgment call here," said Buckley.

Several letters in support of the application were also submitted from area landowners.

"The fact is, (the Boyces) have community support for what they are attempting to do."

The subdivision was approved with the opposing vote of Habberfield and councillors Gordon Branson and Mitch Yurchak.