District of Squamish (DOS) council did everything it could to "protect" the cherished Brackendale Farmers Institute Park after it came to light that the land, which is now part of the 200 acres in the Cheekye Fan slated by the Province to be sold to the Squamish Nation, was zoned for single residential units.
Provincial officials asked council to "comment about the proposed sale of the Brackendale North Lands and transfer of the reserve regularization lands to the Squamish Nation" - which included several unprecedented changes - on fairly short notice.
Council discussed what its commentary should be at the Committee of the Whole meeting on Tuesday (June 28) and the final letter council sent the Province was likely much stronger than the Squamish Nation might have anticipated after the two signed a friendly and forward-thinking intergovernmental accord three and a half months ago.
"We've built a relationship based on trust, respect and principles," said Mayor Greg Gardner at the signing of the accord on March 8.
The key change was the addition of four parcels of land to Squamish Nation's purchase, including an area the DOS has already applied for to accommodate cemetery expansion, portions of the Ray Peters Trail and portions of road owned by the district, not the province.
Despite the intended integrity and significance of the "historic" intergovernmental accord, the recent changes and information pertaining to the Brackendale Farmers Institute Park forced council to decide just how confident it was with the "good faith" promises in the accord.
"This appears to be a rather rapidly changing negotiation," said Gardner on Tuesday.
The accord is meant to confirm a strong working relationship between the two in light of Squamish Nation's plan to purchase 1,200 acres of land in and around Squamish.
It stipulates the newly acquired lands will be developed in line with the district Official Community Plan (OCP). In exchange, the DOS and Squamish Nation will establish a servicing agreement for the existing reserves in Squamish.
But until that happens, the accord is no more than a promise, and district staff's presentation to council members told them that although the Brackendale Farmers Institute Park, or Lot 8, is designated in the OCP as "open space and greenway corridors," it is zoned RS1, meaning single-family residential.
Squamish Nation is planning to develop and rezone the area and the district is supportive as long Lot 8 remains a public park, but as Coun. Patricia Heintzman pointed out, there's nothing to stop any land purchaser, Squamish Nation or otherwise, from developing it for housing.
She also pointed out that several of the land parcels were already zoned for residential, so there was the possibility that Squamish Nation might not come to council for rezoning in exchange for keeping the park.
"My understanding is that a significant portion of the lands requested are already zoned for residential in zoning and OCP," she said. "That furthers my concern about our ability to make sure that No. 8 remains park."
However, Coun. Doug Race pointed out that the other half of the lands Squamish Nation planned to purchase would require rezoning, and developing the park could jeopardize council co-operation on that front.
"It would be a very risky move from a developer's point of view," he said.
Most members of council were slightly nervous about the process and wished they had more control beyond the ability to submit comments.
"Unfortunately we're not in a position to control what happens," said Coun. Rob Kirkham. "At this point it's a matter of us responding to the Province, but we want everyone whose part of the transaction to realize the vision for this area."
However, Coun. Corinne Lonsdale wasn't certain that sharing the vision was enough.
"The community would crucify us if we lose that park, and so they should," she said.
To ensure more control, Coun. Corinne Lonsdale asked whether it was possible to downzone the area for another use. She said she assumed that if there was a resolution on the books asking staff to look at rezoning the area, any building application would have to come to council before it began.
Cameron Chalmers, community services general manager, confirmed Lonsdale's point, said it could only be rezoned as resource, which permits agriculture, airport, aquaculture, forestry (excluding log sort operations) and others uses.
Lonsdale made a motion to rezone parcels 8 and 7, located directly north of Lot 8, to resource. Council members were torn over the decision.
Lonsdale said although she didn't want to make it seem that council didn't trust Squamish Nation's promises in the intergovernmental accord, she wanted to be prudent.
Kirkham said he wouldn't support the motion.
"I will vote against this motion because it's making a change, but not the direction we want to go with that property," he said. "I don't want to rezone it for someone to go in there and log all trees, or even make a motion that makes it appear we think it's OK."
Heintzman was also hesitant to question the integrity of the accord.
"I agree with the intent, but worry about how this might reflect on our negotiations and agreement under the accord," she said. "I think we have to move forward based on some faith and trust and I'm hoping that obviously Squamish Nation will stick to their guns with the discussions."
Coun. Bryan Raiser was also hesitant.
"It's mostly out of fear of helplessness that we'd be moving forward with the recommendation," he said. "The community wants it as a park and I wish we could do more than cross our fingers."
Lonsdale reiterated her motive -to put the resolution on the books so it would precede any other application that could come forward at any time.
"In my opinion, our only protection that that becomes a park is to put it on the books now," she explained. "I'm nervous, I think we're the masters of our destiny here and I think we should do all the protection we can."
Chalmers also made it clear the rezoning would not be worked on in the near future because of other time commitments.
Race expressed concern about how the rezoning might be perceived by Squamish Nation.
"Right now we've had good-faith discussions with Squamish Nation and a step now to rezone property would not show good faith," he said.
The motion was carried with Gardner, Race and Kirkham opposed.
Thor Froslev, whose home at the Brackendale Art Gallery is next to the park, sat through the discussion and was frustrated at the district's lack of jurisdiction on the matter.
"We need that park. The park was designated to the Farmers Institute in 1957 and it's the heart of Brackendale," he said.
He said the park is "safe haven" for residents in the area and suggested the district purchase the property.
"The only way to control what happens is to own the property," he said.
Gardner said he would explain the rezoning decision to Squamish Nation council, and asked staff to make his displeasure at the district's limited input and unprecedented changes known to the Province.
"I want you to pass on my resentment," he said. "The Province needs to understand how technically complicated these issues are."
Council also unanimously passed a motion to approve a letter prepared by staff that outlines the district's reaction to the proposed sale, amended to include a covenant registered against the land that none of the lands will become reserve and indicating that Lot 12 will become part of the park.
The letter states that DOS does not object to the four additional parcels being added to the area but maintains that the DOS will only support land uses outlined in the OCP. The DOS does not support the transfer of Lot 1 to Squamish Nation as it is designated as Civic/Institutional in the OCP. The DOS has already filed an application for cemetery expansion there. The DOS also stipulates that Lots 7 and 8 only be used for park and recreation.
The changes, approved in the letter, also included transferring an additional 99 acres of land to Squamish Nation for "reserve regularization." There are currently two small reserves separated by non-reserve land and the move would link them to make logical reserve boundaries.
