The lands subject to the Nkwúkwma development application had formerly been managed by the province. In 2017, the Líl̓wat Nation submitted a crown land application to acquire the lands, following the required due diligence + consultation (i.e., archaeology, environment, absorption study, appraisal, etc.)

The land acquisition and the development partnership both align with Section 92 of the Truth and Reconciliation Commission:

“We call upon the corporate sector in Canada to adopt the United Nations Declaration on the Rights of Indigenous Peoples as a reconciliation framework and to apply its principles, norms, and standards to corporate policy and core operational activities involving Indigenous peoples and their lands and resources.”

The Nkwúkwma lands have been identified for a future growth at the time of the Squamish Lillooet Regional Districts Pemberton and Area Land Use Study. Following the identifications of the future growth areas, the Village of Pemberton subsequently initiated a public planning process for the provincially managed lands known as the “Pemberton Benchlands”. The planning process was was completed in 2008 with the Village approval of the Benchlands Neighbourhood Concept Plan (NCP). The Nkwúkwma project in entirety considers Phases 3, 4, 6, 7 and 8 of the NCP’s eight phases. The current rezoning application only considers Phases 3, 4 and 7 as Phases 6 and 8 are within the contaminated lands.

The NCP policy directions have since been incorporated into the current OCP, recognizing this growth area as fundamental in the planning for the community’s mid and long term housing needs. Phase 1 parcels of the NCP were approved for development and built-out during the past decade. The OCP requires a minor amended permit a more diverse range of housing types and to remove the school site, although the unit count remains similar (reduced density as the unit sizes have been reduced). As noted, the development application was submitted in March 2021 yet has been before the Village, as follows:

Pre-Application

• Council (June 2017)
• Staff with planners and engineers many times between 2017-late 2019 (fees paid by the applicant for pre-application review)

Post Application

• Ongoing weekly meetings with the planning staff since 2020.
• July 2021 presentation to Committee of the Whole
• January 18, 2022 application update to Committee of the While
• December 13, 2022 presentation of referral comments by staff to Committee of the Whole
• March 14, 2023 – Introduction of the Nkwúkwma Sub Area Plan

None of these meetings indicated that the proposed update of the OCP would delay this development application. It is also recognized that more recent Village initiatives related to: active transportation, community amenities such as affordable housing and daycare, community energy action, and other policy priorities will be considered in the proposed Nkwúkwma OCP amendment/Sub Area Plan. Any new policy directions considered in the OCP Update (work plan has not yet been approved by Council) can be integrated into the Sub Area Plan, upon direction of the Village.

The applicants have kept the Village aware of the plans for the project, and for the most part the delays in moving forward were the result of the pandemic (early lockdown), the need to better understand the contaminants from the gun and rifle range and the remediation responsibility, and finalizing a complex land purchase. To date the site investigations (contamination, traffic, planning, servicing, environment, etc) to get the application ready for a development application submission have exceeded a million dollars.

The Village is required to refer all development applications to senior government ministries and other agencies. On September 9, 2021 the Village referred the development application to Vancouver Coastal Health.

Vancouver Coastal Health was would also have been notified of this new neighbourhood with the corresponding OCP amendments in 2007 and 2011.

Currently the development proposal includes sidewalks, however, active transportation elements within the road cross sections are still under review and will be subject to approval by the Village. The appropriate connections into the existing neighbourhood’s infrastructure will be considered during detailed design development but commitments secured prior to rezoning adoption.

The Eagle Drive access should be considered both from the geotechnical limitations and the existing (municipally approved) road design. The construction of Eagle Drive was the responsibility of the Phase 1 Benchlands subdivision. The road was accepted by the Village as a public road (2009).

In January 2014, however, Eagle Drive had a significant rock slide which originated from a bedrock cut slope. In July 2014, the Village retained EXP. Services (geotechnical engineers) to provide an assessment of potential instabilities within the bedrock slopes and soil slope. The report recommended certain mitigative works, which the Village has undertaken which allowed the road to safely reopen. It is understood that additional mitigation may be required to further reduce the potential hazard and to remove the no post barriers to provide a greater road width (full shoulder).

As far as the design of the road, it has been engineered meets municipal requirements for the Phase 1 subdivision and although the design speed is lower due to the switchback, the road grades are less than 10%. Nkwúkwma awaits additional direction from the Village related to any further road improvements.

At this time, Nkwúkwma only considers Phases 3, 4 and 7 of the NCP. The NCP indicates a second access to the north, through the properties fronting Collins Road which are incredibly steep and either owned by third parties or within the SLRD (DL 8820). Nkwúkwma, however, will ensure that the potential access to this future route is retained through the proposed development. A looping road is also proposed for Phase 3 of Nkwúkwma, subject to a Village boundary extension and remediation of the contaminated gun and rifle range.

There are many residential developments throughout the Pemberton and the Sea to Sky region that have single access points, due to challenging terrain, land ownership and/or environmental constraints. Consideration will be given to determine if an emergency access can be provided for alternative egress.

The applicant is further reviewing the dual use of multi-use trails and servicing right of ways that could be designed to provide an access, in case of an emergency.

The traffic data collection was undertaken in September 2019 before the pandemic by a qualified professional and in accordance with terms set down by the Village. The timing of the traffic counts was discussed with the Village, including when schools were in session. Available historical data was reviewed as well.

The overall planning for access to the Village is part of the Village’s overall transportation planning. The delay at the crossing caused by train usage is a larger issue that need to be discussed further with the Village. Similar concerns will be raised with the infill development in downtown (which will add a significant number of new residential units).

Cascade has indicated that no “critical habitat for species at risk” have been identified on the subject site.

Potential sharp-tailed snake habitat was identified. In 2022, Cascade’s herpetologist installed cover objects to attract the sharp tailed snake (Sunstone observed these snakes with a similar approach). A snake skin was found but both the cover objects and the skin negative in eDNA testing for asharp-tailed snake.

The Village of Pemberton has recently initiated a Stormwater Management Plan (SWMP) model for the catchment area (currently funded by Skénkenam Developments’) that includes Nkwúkwma. The study will evaluate existing infrastructure, flow routes, peak runoff rates, and potential deficiencies in the existing system. In addition, the SWMP will evaluate the proposed development and its impact on existing systems, with the goal of minimizing the impact on existing downstream infrastructure and means of matching pre-development flow rates in the post-development scenario.

The Village of Pemberton has recently initiated a Stormwater Management Plan (SWMP) study for the catchment area that includes the Nkwúkwma which will address the existing and future use of Staehli Park as a detention basin for the uphill lands. If found inadequate for future development, improvements will be made at the discretion of the Village and at a cost to Nkwúkwma.

This stream did not exist at the time of the environmental site visit. In response to neighbourhood concerns this potential watercourse has been re-considered on site and Cascade has confirmed and the appropriate setbacks incorporated into the site plan.

The Riparian Area Protection Regulation (RAPR) Assessment Method was used to determine the setback. The Detailed Assessment methodology was employed to determine the setback and resulting 15m SPEA (Streamside Protection and Enhancement Area) for Pemberton Creek.

To date, the applicant has completed extensive testing and prepared three reports by SLR Consulting (environmental professionals) on the extent of the contamination and approach to remediation. If residential development is to be permitted in or near the contamination, extensive permitting, soil removal and other remediation will be required. Any future use of these lands is subject to extensive review and approval in accordance with provincial legislation. A rezoning application cannot be submitted until there is an approved remediation plan.

A Village of Pemberton OCP policy recognizes that the municipality will introduce lighting standards to preserve Pemberton’s dark sky. These requirements will also be considered in the Nkwúkwma Development Permit Guidelines and Statutory Building Schemes.

It is understood the Village has a Wildfire Management Plan. The applicant will rely on direction from Village professionals with regard to any additional investigations or requirements during site development and/or protection of the neighbourhood. Wildfire Management may also be addressed through Development Permit Area guidelines and approval.

The existing electricity line that runs from Eagle Drive to the Canadian Broadcasting Corporation (CBC) site will be retained until alternative electrical lines (as required for the subdivision) are in place. There is currently a statutory right of way in favour of the CBC securing a electrical line/source. Similar rights of ways also exist in favour of the Village and the SLRD for their service installations.

The two existing water reservoirs will remain in place to service existing residential development. Nkwúkwma will require a new water reservoir at a higher elevation to feed new development that cannot be serviced by the existing two reservoirs (refer to the Master Water Distribution Plan in the Nkwúkwma Development Rezoning Servicing Report by InterCAD Services Ltd.).

The Local Government Act requires new subdivisions provide, without compensation, a 5% park land dedication of either land or equal value of land. The Village’s subdivision bylaw indicates that parkland dedications shall provide lands that the Village recognizes as being usable and consistent with the Parks and Open Spaces Master Plan.

The current development application provides the following parks and open spaces, and have recognized that the community embraces active recreation such as mountain biking and hiking trails within natural areas and trailhead improvements. It will also be important to protect archaeological sites.
Neighbourhood Park: 1.06 ha/2.62 acres – 3%
Nature Park: 10.75 ha /26.56 acres – 34%
Natural Area: 2.99 ha/17.39 acres – 10%
Total: 14.8 ha/45.57 acres – 47%

As well, each of the multifamily developments will have required park space, which will likely cater to younger children. It is the intent to work with both Lil’wat Nation (archaeological sites and cultural recognition), and recreation interests to develop a parks and trail plan.

The public may continue to use the trails as there is a statutory right of way that permits community trail use, this may be re-rerouted once development approvals are in place. The existing trails of Banjo, Shots Fired and Chaos are for the most part outside of the development pods, however, may be re-routed to accommodate the archaeological site buffers. The access to Fat Tug and lower bermed trails on the Nkwúkwma property will need to be rerouted at the time of the Phase 3 development. It is understood through early consultation with trail users, that there is an opportunity to develop a trail system that best reflects the needs of the community and traditional use of the trails. The Pemberton Waterfall Trail could also be improved as a community amenity.

The project includes a wide range of housing types and tenures, which have different affordability levels. The focus has been on smaller units, that will match the needs of the local community. The 2007 NCP (which was adopted before the Community Amenity Contribution policy was implemented) indicated that 5% of the units will be dedicated for community housing (special housing) as defined by factors such as age, disability, or income.

Affordable housing is considered a Community Amenity that is earmarked in the Official Community Plan. The Village has also identified that the implementation of the Affordable Housing Plan as a top strategic action. In March 2020 Council endorsed the 2020-2021 Affordable Housing Work Program, which identifies policy development and other opportunities for the delivery of needed housing.

The applicant is looking for direction from Council on how affordable housing should be addressed within Nkwúkwma, consistent with the Community Amenity Contribution policy.

The municipality is starting to update the OCP, based on affordable housing needs. Nkwúkwma is seeking the Village’s input on how the affordable and/or community housing can best be addressed through community amenity contributions.

The design proposes the following housing types:

• Large, Medium and Compact Single Family Homes;
• Duplex Homes;
• Townhomes, and;
• Apartments.

The Village completed a housing options study in 2021 and also identified other forms that could be accommodated in the proposed Comprehensive Development zoning for Nkwukwma.

• accessory dwelling units/carriage,
• lock off suites in townhomes,
• tiny homes
• duplexes,
• suites in duplexes,
• 3-4 plexes and
• low rise apartments.