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VULCAN COUNTY SUBDIVISION & DEVELOPMENT APPEAL BOARD November 2, 2020 Hearing No. DP50-2020 Applicant: Bernie Seifert LIST OF EXHIBITS A. Notice of Hearing and Location Sketch Map B. List of Persons Notified C. Notice of Appeal D. Notice of Municipal Planning Commission (MPC) Decision E. Request for Decision including Development Permit & supporting documentation F. Response from Alberta Culture & Tourism G. Response from Alberta Environment and Parks H. Development Officer’s Notes/Email regarding comments from Adjacent Landowners I. Notice of Application J. MPC Minutes (unapproved) K. Excerpts from Vulcan County Land Use Bylaw No. 2010-010 L. Excerpts from Vulcan County Municipal Development Plan Bylaw No. 2012-003 M. Excerpts from McGregor, Travers, Little Bow Reservoirs Area Structure Plan Bylaw No. 97-018 VULCAN COUNTY NOTICE OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING Development Application DP50-2020 THIS IS TO NOTIFY YOU THAT IN ACCORDANCE WITH SECTION 686 OF THE MUNICIPAL GOVERNMENT ACT, REVISED STATUTES OF ALBERTA, 2000, CHAPTER M-26, AS AMENDED, A PANEL OF THE VULCAN COUNTY SUBDIVISION AND DEVELOPMENT APPEAL BOARD WILL HEAR AN APPEAL OF A DECISION BY THE: Municipal Planning Commission of Vulcan County with respect to Development Permit Application DP50-2020 APPLICANT/APPELLANT: Bernie Seifert LEGAL DESCRIPTION: That portion of the Southwest Quarter which lies south west of Reservoir Site on Plan 5099 GX within Section 1-15-22 W4M PROPOSAL: Private Campground DECISION: REFUSED with reasons PLACE OF HEARING: Vulcan County Council Chambers 102 Centre Street, Vulcan, Alberta DATE OF HEARING: November 2, 2020 TIME OF HEARING: 7:00 p.m. PERSONS WHO WISH TO SUBMIT A WRITTEN PRESENTATION MUST SUBMIT BRIEFS TO THE CLERK OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD NO LATER THAN THE 28th DAY OF OCTOBER, 2020. NOTE: Due to the COVID-19 health crisis and the province’s gathering restrictions, specific protocols have been established to deal with these circumstances. This will enable the Board to fulfil its legislative duties and mandate as required in accordance with the Municipal Government Act, while ensuring health and safety issues are adequately addressed in holding a hearing. A1 The Vulcan County Subdivision and Development Appeal Board will be holding the public portion of the appeal hearing in person, but due to the gathering restrictions, it may result in the need for some participation to occur electronically. The Board Clerk will provide further instruction if this is required for the public. PROCEDURES PRIOR TO THE HEARING FOR DP50-2020: 1. Register – Anyone wishing to attend the hearing in person must contact the Board Clerk Diane Horvath at [email protected] or by calling (403) 329-1344 to register prior to 4:00 p.m. October 28, 2020. A name, active email address and phone number must be provided to the Clerk. This is to ensure the number of people in attendance will not exceed the government requirement for people gathering in one indoor location and that the mandated physical distancing of at least 2 metres between attendees can be maintained. If the emergency health order changes before the hearing, those who have registered with the Clerk will be contacted with updated information. 2. Provide written Submissions - The Appeal Board is encouraging all hearing participants to submit presentations, letters, and comments to the Board prior to the hearing. Please contact the Clerk with your written submissions which will be accepted until 4:00 p.m. October 28, 2020. EMAIL: [email protected] MAIL: Diane Horvath, Board Clerk Oldman River Regional Services Commission 3105 – 16th Avenue N., Lethbridge, Alberta T1H 5E8 It is preferred that written material is emailed to the Board Clerk, ideally in a PDF format. If an individual desires to present in person to the Board at the hearing, please ensure all information, written notes, or a summary has been submitted to the Clerk prior to the hearing as due to the unique circumstances of the COVID-19 health situation, the Board would like to limit the contact with additional paperwork at the hearing. If you are bringing information to the hearing, you are required to bring 12 paper copies for distribution. 3. Exhibit viewing - The initial appeal exhibit package will be posted on the ORRSC website at www.orrsc.com. Any additional submissions submitted up to October 28, 2020 will be posted to the website prior to the hearing. DATE: October 15, 2020 ____________________________________ Diane Horvath, Clerk Subdivision & Development Appeal Board A2 VULCAN COUNTY SUBDIVISION AND DEVELOPMENT APPEAL BOARD Appeal Hearing DP50-2020 Vulcan County, Alberta That portion of the Southwest Quarter which lies south west of Reservoir Site on Plan 5099 GX within Section 1-15-22W4M A3 VULCAN COUNTY SUBDIVISION & DEVELOPMENT APPEAL BOARD Development Application DP50-2020 APPLICANT: Bernie Seifert Vulcan County MPC (6) Board Members Applicant/Appellant: Vulcan County CAO – Nels Petersen Jodie Gateman Bernie Seifert Vulcan County Development Officer Lorne Copleston – Anne Erickson Michael Monner Vulcan County Planner – Ryan Dyck Christopher Northcott Grant Turner Agencies Notified: Adjacent Landowners Notified: Alberta Health Services William Horne Fortis Alberta Inc. Jean Davey AltaLink Dunham Farms (Vulcan) Ltd. ATCO Gas Double D Farms Inc. Telus Judith Sanderson Little Bow Gas Co-op Ltd. James and Shannon Bird Carmangay Fire Department Donald Dow Alberta Culture & Community Spirit David and Diane Lundgren Alberta Environment & Parks Bradley and Jennifer Gore Alberta Sustainable Resources Barry Lammle Alberta Environment and SRD Ian and Tracey Christie Alberta Parks and Tourism Leo and Diana Kaiser John R. Graham Dr. F.G. Gore-Hickman Patrick and Rosemary Wisener D. Craig and M Brent Nattrass Byron Matlock Gary Cunningham Eleanor Decker & Kathleen Sokvitne Brenda McMorris Doreen Gottenberg Joseph Grebely B1 C1 Reason for Appeal Vulcan County has refused DP Application 50-2020 based on the following: The applicant failed to demonstrate a road construction plan which will meet the needs of the development and Vulcan County specifications. While the applicant stated material for the road would be made available from the applicants own lands, due to the volume of road building material required, this would effectively render the current geotechnical, slope stability, and site plan information provided within the application irrelevant. The applicant failed to provide remedy for this issue. Applicant’s response and reason for appeal: Segment 1 of County’s refusal statement: “The applicant failed to demonstrate a road construction plan which will meet the needs of the development and Vulcan County specifications.” Within the Road Construction Plan provided, it is clearly indicated that the road will be constructed to and in compliance with Vulcan County’s policies for road construction standards. In addition, it is also clearly stated that a formal Engineering Municipal Road and Driveway Design will be procured upon the campground development being approved. This demonstrates that the plan meets the needs of the development and Vulcan County specifications. It appears that clarification and specifics as to what constitutes a road construction plan which will meet the needs of the development and Vulcan County specifications is needed, and was not provided by Vulcan County to the applicant for the preparation of the road construction plan and ensuring it is interpreted to Vulcan County’s satisfaction. Segment 2 of County’s refusal statement: “While the applicant stated material for the road would be made available from the applicants own lands, due to the volume of road building material required, this would effectively render the current geotechnical, slope stability, and site plan information provided within the application irrelevant.” The applicant stated that the first option is to obtain a road work agreement with adjacent land owners. He stated that a meeting was held at the county office with the director of operations and the adjacent land owners, and it was agreed that road work agreements would be possible with a formal Engineering Municipal Road and Driveway Design. The applicant also stated that, in the unlikely event that a road work agreement cannot be reached with adjacent land owners, that an alternate source for additional fill material, should C2 excess material from the road construction not be sufficient, that it could be obtained from the applicant’s property. The volume of additional material, if any, has been guessed, but is unknown. It will be established with the formal engineering design. The applicant did not mention from where within the property the material would be obtained. Hence, it is incorrect to assume that it would effectively render the current geotechnical, slope stability, and site plan information provided within the application irrelevant, as the amount of material available on the property is vast and would not be obtained from within the proposed development area. Segment 3 of County’s refusal statement: “The applicant failed to provide remedy for this issue.” Clarification and specifics as to what is required to meet the needs of the development and Vulcan County specifications was not provided by Vulcan County to the applicant for the preparation of the road construction plan, as such, he was not aware that there was an issue that needed to be remedied. C3 D1 Request for Decision MEETING OF THE MUNICIPAL PLANNING COMMISSION — October 7th, 2020 Development Permit 50-2020, Seifert Private Campground SW 1-15-22 W4 Recommended Action: The Municipal Planning Commission deems Mr. Seifert’s application complete and after considering section, 70 and 71 in Land Use Bylaw 2010-010, agrees to hear Development Permit application 50-2020 for a Private Campground. AND That the Municipal Planning Commission consider approval of Phase One (excluding the Clubhouse), for Development Permit 50-2020, for a Private Campground with the following conditions: 1. No Development authorized by this Development Permit shall commence: a. Until at least 21 days after the issue of the Development Permit, or b.
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