[4:04] Good morning, I call this subdivision and development of pure board hearing to order. My name is Bob Dorty and I will preside over the hearing today.

[4:13] A few housekeeping items, please ensure that all cell phones are on silent.

[4:19] This hearing is live, streamed, and video recorded for the public. No recordings may take place except for the clerks recordings.

[4:27] For the benefit of all parties, please state your name before you start speaking.

[4:32] All questions and comments must be directed through me, the chair.

[4:37] Presentations are to be respectful of all parties.

[4:41] Will the clerk please introduce the appeal?

[4:45] Through the chair, today's appeal is the continuation of the appeal against the development

[4:49] authorities decision to refuse a development permit application for a home-based business

[4:54] type 2 for a concrete pre-cast staircase manufacturing business.

[4:59] Okay to add 280 60 Township Road 254, lot to Block 1, Plan 0311727, Southeast 252528 West of

[5:12] the Fourth.

[5:14] Thank you.

[5:16] Members of this board are appointed by Rockyview County's Council and not are not employees

[5:22] of the county.

[5:23] The Board functions as an independent tribunal.

[5:26] The Board's mandate is to ensure that all parties receive a fair and impartial hearing.

[5:31] Well, Board members please introduce themselves beginning on my right.

[5:40] I'm under a penny, member at large.

[5:44] Pip Farrah, member at large.

[5:49] Dustin Bunny, member at large.

[5:52] Boy, we done member at large.

[5:55] Thank you.

[5:57] Does any Board member have a conflict of interest to disclose?

[6:01] In seeing none, to that end, does anyone affected by this appeal object to any of these board members hearing and deciding this appeal?

[6:13] Seeing no objections, we can proceed. Before we proceed, does anyone have any preliminary matters that the board should be aware of?

[6:22] Seeing none, we can proceed. In addition to the verbal submission, the board will hear today, the board is received materials in advance of today's hearing.

[6:30] To the clerk, can you please list the materials?

[6:35] Through the chair, the materials are as follows.

[6:37] Exhibit 1 is the Notice of Appeal.

[6:40] Exhibit 2 is the Notice of Hearing for August 6,

[6:43] 2026. Exhibit 3 is the Appellan Adjerman request.

[6:47] Exhibit 4 are submissions in opposition to the Appellan Adjerman request.

[6:52] Exhibit 5 is the Notice of Hearing for August 27,

[6:55] 2026. Exhibit 6 is the Development Authority's Report.

[6:59] Exhibit 7 is the development authority presentation. Exhibit 8 are submissions in opposition to the appeal.

[7:07] Subit 9 are additional submissions in opposition to the appeal, and Exhibit 10 is the appellant submission.

[7:15] Thank you. Materials marked as exhibits are used by the Board to help make its decision.

[7:20] Are there any objections to the Board accepting these materials as exhibits?

[7:27] See no objections, the board will mark these materials as a-

[7:30] Does anyone in attendance plan to present materials that are not on the exhibit list? If so, please come forward, state your name and identify what materials you plan to introduce.

[7:44] Through the chair, the clerks have received additional exhibits, additional submissions in opposition to the appeal.

[7:53] Thank you, do you have copies of this available?

[7:57] Yes.

[7:57] Could we please circulate those to all affected parties and we'll have a review of them?

[8:04] Is it one individual exhibit or is there more than one?

[8:11] Through the chair, there is more than one submission as part of this exhibit.

[8:16] Okay, thank you.

[9:09] Given the extent of the exhibit package that's been presented here,

[9:13] The board will now take a quick 10 minute recess to allow everyone to have an opportunity

[9:19] to review this document before we carry on further.

[9:22] So we'll reconvene that roughly 20 minutes past 9.

[9:25] Thank you.

[16:02] I call this subdivision in development field board hearing back to order.

[16:14] Does anyone intendons have any objections to the board accepting these materials as exhibits?

[16:23] In seeing no objections, the board has reviewed the documents and has decided to accept them.

[16:31] Will the clerk please mark this last presentation as exhibit 11?

[16:37] Thank

[16:47] you. The board's process for the hearing today is as follows. Presentations will be provided in the following order.

[16:54] First we will hear from the development authority. Next from the appellant, who is the applicant for this file,

[17:00] then from anyone who is affected by the appeal. Those in support of the appeal will present first, followed by those in opposition to the appeal.

[17:09] The appellant will have the opportunity to provide a rebuttal if one is so desired.

[17:17] The board will ask questions throughout the hearing, following all presentations the board

[17:21] will recess to consider the evidence in private, due to determine if the board has enough

[17:25] information to close the hearing.

[17:27] Does anyone in attendance have any objections to the outline process?

[17:34] In seeing none may I please have the development authority present?

[17:37] Good

[18:35] morning subdivision development appeal board, Archie Akari, presenting item B1 on behalf

[18:40] of planning services.

[18:45] The subject side is located with the Division 5 approximately 0.41 kilometers west.

[18:52] If I could just maybe get the mic a little bit closer so we can add a little bit better

[18:56] volume.

[19:01] So Perna?

[19:01] Yeah, thank you.

[19:04] The subject side is located with the Division 5, approximately 0.41 kilometers west

[19:09] of Highway 791 or Range Road 280 and directly north of Highway 564 or Township Road 254.

[19:19] The site is also located directly across the Hamlet of Delacore, the parcels currently

[19:24] zone does agriculture general and is surrounded by agricultural general parcels to the north,

[19:29] south and west, and to the east across Range Road 280.

[19:33] There are country residential parcels with Delacore, of course located directly southeast.

[19:41] The application was the result of an enforcement complaint received in January of 2026.

[19:48] A Home Business Business Type II application was subsequently submitted on February 2026.

[19:55] The application proposes to operate a Home Business Type II for the manufacturing and supply of precast concrete staircase.

[20:03] The business would operate from an existing access rebuilding, which was originally constructed as an indoor writing arena.

[20:11] The building has a footprint of approximately 757.86 square meters and would be used for manufacturing

[20:20] process, including mixing and pouring concrete into molds to produce precast concrete

[20:25] staircases and other related concrete products.

[20:31] The proposed business area would also include approximately 400 square meters of outside storage

[20:37] area, located just east of the accessory building. This area would have a gravel base and would

[20:45] be used to store business related equipment, vehicles, materials, and trucks.

[20:52] It's a

[20:53] parade parking area is also been proposed for employee parking and other business related

[20:59] parking with five parking stalls identified on the side plan right next to the accessory building.

[21:05] The proposed operation includes one commercial vehicle store on site, six employees in total,

[21:11] including four residents and two non-residents, and approximately eight business related

[21:17] with its per day as per the application package.

[21:20] The business is proposed to operate Monday to Friday 9 to 5 p.m.

[21:29] Exciting inspection was conducted on May 22, 2026, and the photographs on the slide provided

[21:36] overview of the existing conditions of the site.

[21:39] The site is accessed from Highway 564 through an existing approach,

[21:45] which leads to an internal driveway extending towards the rear of the parcel.

[21:49] The accessory building and proposed outside storage area

[21:52] located at the very end of the driveway.

[22:02] The application was reviewed against all applicable policy framework,

[22:07] including the Municipal Development Plan,

[22:08] 90s by law, a Delacore area structure plan and Delacore Country Village Conceptual scheme.

[22:15] The intent of the Agriculture General District is to support and preserve agricultural activities

[22:21] while allowing for compatible residential and andcillary uses.

[22:26] Although a home business type 2 is a...

[22:31] In this district, these uses are intended to remain secondary, or to the residential or agricultural use of the parcel and maintain compatibility with the site context.

[22:46] In this case, it is administration's opinion that the proposed business exceeds what is typically contemplated for a home business type 2,

[22:54] while the application generally meets the line-use value requirements related to hours of operation,

[23:00] vehicle visits, and employee limits as mentioned in the application form. The nature of the proposed

[23:06] use involves a dedicated manufacturing area, outside storage, material handling, and commercial

[23:12] activity that associated with the manufacturing business, and collectively these elements represent

[23:20] level of intensity that is greater than what is typically anticipated for a home business

[23:25] type 2 in an agriculture district. Under the ASP, the site is located within agriculture

[23:33] transition area, which is intended to support development that respects these surrounding agriculture

[23:38] and rural character of Delcor. It is administration's opinion that the proposed business does

[23:46] not align with this intent.

[23:48] It does not directly support agricultural activities

[23:51] or provide a local service to the community of Delta Core.

[23:56] The proposed users, the proposed business

[23:59] may make sure using packs such as increased

[24:02] commercial activity, dust noise that may not be compatible

[24:06] with the low-intensity rural character

[24:09] envisioned for this area.

[24:11] The scale, the nature, the area of the business

[24:13] are more consistent with the manufacturing use that would typically be accommodated with the

[24:19] business commercial or industrial and use district. Therefore, administration has refused

[24:24] the application.

[24:28] During the application review process, administration received two letters

[24:33] of objection. The first letter was signed by about 15 surrounding landowners, and the second

[24:38] letter was sent separately by the canological of course. The total number of properties at that time

[24:43] at that stage of applications remains of 15.

[24:47] And this map shows the location of the landowners that were opposed within the 1600 meter radius and around it.

[24:57] And here it shows that at as a much larger scale outside of the 1600 meter radius.

[25:08] The application was also circulated to various internal and external departments for review.

[25:13] The comments received have been incorporated where applicable within attachment A, which outlines

[25:18] the alternative conditions of approval should the board determine that the application be supported.

[25:24] That concludes with our presentation and we are available for any questions you may have. Thank you.

[25:31] Thank you, Ms. Carrey, for your presentation. If we could just pot back quickly to that map

[25:37] showing the letters of opposition,

[25:42] you mentioned in your presentation that you have 15 letters in

[25:47] opposition. Your map only lists 13 there. If I am counting correctly.

[26:03] Just wondering where

[26:04] the other two might have been located.

[26:13] So I would have to check that on the letter. Okay, we can come back to that. Yeah,

[26:18] we can come back to that at a later date. Does the board have any questions for the

[26:23] development authority at this time?

[26:29] You did mention in your presentation that this file has

[26:33] and administered through an enforcement complaint.

[26:38] Can you tell us anything about the nature

[26:40] of the enforcement complaint and what we're dealing with here?

[26:45] To the board, if I may differ that to enforcement services?

[26:48] Absolutely.

[26:52] Good morning, Chair, and board members.

[26:53] My name is Kristen Tafe.

[26:55] I am representing enforcement services.

[26:58] The original complaint for this matter was about trucks

[27:02] coming to and from the lands.

[27:04] There's concerned that there was a business operating.

[27:07] Our officer attended the lens and the trucks were there to assist with the pouring of some concrete for a building.

[27:16] It was not associated with the business at that time.

[27:20] The officer observed and did not see any land use by a lot of issues at that time and directed the land owner to building services to deal with the building.

[27:31] And then through their discussions with the officer, they discussed that they were intending

[27:36] to use it for a business, and at that time the officer directed the Aland owner to discuss

[27:41] the matter with finding an environment.

[27:46] Thank you.

[27:46] So just for clarity, Ms. Tufts, the concrete trucks that were on site were pouring a foundation

[27:54] or something related to a building.

[27:56] Through the chair that is correct, it was for the building itself and not for an active

[28:00] business on the property.

[28:01] Thank you. Was there a building permit associated with this particular

[28:10] floor? To which are not recently, there were previous building permits as

[28:16] associated with the writing arena or accessory buildings but not for this

[28:22] business. Can you clarify for what was actually being built back

[28:33] to enforcement

[28:34] services, I believe. Through the chair, yes. So there was an existing structure and the concrete

[28:39] was to pour a foundation for the structure. So the structure existed and it was simply to pour

[28:44] the foundation for that structure. Okay, thank you. Thank you very much. Any further questions from

[28:51] the board? Member Farrah. Thank you. Thank you. Through the chair, Delico Community has an area structure

[29:01] plan on my correct and that was reviewed. Can you tell me what that structure plan says about water

[29:07] for buildings and businesses and is there any, any, you know, where do they get their water from?

[29:16] To share the, there is a class within the agricultural transition area that does talk about water

[29:23] services and which is through wells and these objects I does have a, have a well I believe it is

[29:30] commission though but nothing in detail for how the business needs to be

[29:36] service for in terms of water. That would apply at the land use redesignation on

[29:42] those kind of applications to each other. Okay so it doesn't have to have pipe

[29:47] water or anything like that just a well. It doesn't specifically state that it

[29:53] is a very old area structure plan so definitely the standards have been changed

[29:58] and update and provide.

[30:00] Which we depend at the time of application, when it is being reviewed.

[30:06] Okay, thank you.

[30:09] Member Permie.

[30:13] Through the chair to the DA, you mentioned in your refusal that the permit was refused based on the intensity and the scale of the operation.

[30:23] Could you please tell us how did you determine what is the scale of operation that was proposed by the applicant?

[30:35] through memory, dirty, to memory-premise.

[30:40] As Ms. Karis said, Homeby's business is a discretionary use

[30:45] in the land use by law, so first and foremost,

[30:49] we do take into account the purpose and intent of the district.

[30:53] As was described, this is an agricultural district

[30:55] with the primary intent for agricultural purposes.

[30:59] Any discretionary uses, then, are on evaluation

[31:02] in terms of how it is ancillary to the primary intent of the district and the primary operation

[31:09] on the parcel. So, it's administration's position that are industrial nature business, such

[31:17] as a free-cut concrete for stairs is not ancillary to the agricultural use. It does not meet the

[31:23] intent of the agricultural district, and it is not a secondary to the activities on the parcel.

[31:28] Based upon the application, the numbers and the visits that were outlined, we believe most likely

[31:37] will be more, based upon some of our experiences of this business and some of the existing

[31:42] complaints already in the area.

[31:44] So just taking to account the entire nature of the business, the intent of the district,

[31:49] what a home-based business as a discretionary use is intended to serve in an agricultural

[31:53] district.

[31:54] this type of business is not appropriate in an agricultural area.

[32:02] Thank you. Just to follow up to Mr. Revello,

[32:07] you didn't mention in the presentation that the application

[32:10] meets the land use by law requirements.

[32:13] So does that mean is it the number of visits that you look at?

[32:17] I'm just trying to understand what exactly that you guys look at

[32:20] that you said that it meets the requirement,

[32:22] but now you say it's not appropriate business for a

[32:25] business for this area? To the chair to amendment permit. So let's say that goes back to the

[32:32] differences between a permitted and a discretionary use. So a upmitted use in the land use

[32:39] by law is that if it meets the rules of regulations, we as the criminal authority are obligated to

[32:45] then say yes to that and approve it. A discretionary use is that not what's standing, it may meet

[32:51] regulations of the land use pile-o while there are still some doubts that the application

[32:55] as proposed will operate as it will. It's our role in responsibility to review the context and

[33:03] to get the compatibility of that business. So the county's land use pile-o as you know is

[33:09] very large. It serves over a million acres of land and so we do have a home-based business use

[33:14] but we do need to then ensure that that proposed home-based business use and the intent and the

[33:20] operations are compatible and complementary to the area that it is being actually proposed

[33:25] in and the district. So we do use that discretionary lens to evaluate the nature of the

[33:32] application with the area that it has been proposed. And it is like our position that not

[33:37] good standing the application on paper meets the rules and regulations of a home base business,

[33:43] the intent of the district and the nature of the operation is not compatible and not complementary

[33:48] with the area. Thank you for that.

[33:53] Thank you any further questions from the board at this time.

[33:59] Remember done.

[34:02] Thank you through the chair. Just to confirm there is a well but it's been decommissioned

[34:08] so there's no water. Is there anybody living there and is there any business operating right now?

[34:16] Through the chair, that information was not providing the application. The application

[34:22] mentioned that there are four resident employees who would be living on this site. However,

[34:29] no information was provided on how the water would be from where the water would be used for the proposed business.

[34:37] So at the moment we think that four people are living there and there is no well.

[34:42] There is a well situated on the parcel, the status shows as decommissioned. So we're not sure if it is active

[34:49] or not, but yes, there is residential occupancy as per the application package.

[34:56] Thank you.

[35:02] Any further questions from the board?

[35:05] Seeing none, thank you very much for your presentation.

[35:12] May I please have the appellant present?

[35:58] Good morning, Chair, members of the board.

[36:00] My name is Andrew Ulmer.

[36:01] I'm a third on consultants.

[36:03] We are the applicant and the appellant on the file representing the landowners.

[36:07] For a home-based business application for a pre-cast concrete manufacturing company,

[36:19] our presentation should be pretty straightforward today.

[36:22] What we'd like to do is give you a little bit of context on the property itself.

[36:26] Go through the business that is being proposed.

[36:30] Make sure we're all sort of on the same page and have a clear understanding what's actually been applied for and then the nature of the business.

[36:36] And then I'd like to go through the development authorities' reasons for refusal.

[36:41] It's really centered on three made items that we just heard.

[36:45] And then respond to each one of those reasons.

[36:49] And we'll do that by looking at the land use bylaws,

[36:51] or relates to home-based businesses.

[36:53] Look at some comparable approved businesses.

[36:57] And then look at the characteristics of the business itself.

[37:01] At the end of this presentation, our ask to the board would be that

[37:05] this is refused or sorry this the refusal is overturned the development permit is approved

[37:11] based on on three main central ideas that we have and that's that this business is in alignment

[37:17] with a type two home base business framework as outlined by Rockyview County this is compatible

[37:23] in an agricultural area when you look at again the care characteristics of the business

[37:30] And the impacts, it has to the community. And then, look at how reasonable conditions can be introduced to and share those impacts are mitigated.

[37:44] These are the three main ideas that administration proposed for refusal. One is that the nature and the scale of this business is inconsistent with a type 2 home base business, as it relates in the agricultural district.

[37:58] the fact that an industrial, commercial, and district would be more suitable as a location.

[38:05] And administration also suggests that there's undue interference and material interference

[38:10] with the surrounding community.

[38:13] How I'd like to address each of those points is with a question.

[38:17] If we can answer this question throughout this presentation, I think that satisfies this

[38:21] refusal.

[38:21] So the first question is, is this proposed operation

[38:25] doesn't match what a home-based business type 2

[38:29] is required to be in an agricultural district?

[38:32] Is a business commercial industrial district

[38:34] more suitable for this?

[38:36] And will it cause undue or material interference

[38:38] with neighboring properties?

[38:41] Before we start answering those questions,

[38:43] so as I mentioned, I want to give a little bit of contact

[38:45] to the property itself.

[38:47] This subject parcel is just outside the area of Delicore.

[38:50] It is just on the north side of Highway 564, Township Road 254, it is 13 acres in size, it is

[38:58] an agricultural general land use.

[39:01] It does have an existing residence on it.

[39:04] It is serviced by two different wells, one is decommissioned, one is fully operational.

[39:09] There are several accessory buildings mostly agricultural in nature that exist on this

[39:14] parcel as well.

[39:18] These are just a couple of aerial folders I wanted to show you to give some more context.

[39:21] This is looking south from the north end, you can see Highway 5-64 running across the photo there.

[39:29] The main building you can see is going to be the building of discussion today.

[39:33] That is where is being proposed for most of the business operations.

[39:39] This is looking north.

[39:41] 5-64 is cut off from the photo down down below.

[39:45] The residence is right up there front in the front of the property.

[39:50] And it is right off 564.

[39:55] Sorry about that.

[39:57] This is a site plan that was submitted as part of the application.

[40:02] What I want to sort of point out here is the defined business areas

[40:07] that were applied for here.

[40:09] Again, it's the writing arena that was discussed.

[40:12] That is up in the northern portion.

[40:15] That's been there for some time.

[40:16] There was, quickly I'll just address there was mention of compliance issue, that was for a slab,

[40:24] just a floating slab that was poured for that writing arena.

[40:29] The owners didn't go through the process of applying getting a building permit just based on,

[40:33] not knowing the process, but that is what the country trucks coming in and out were doing.

[40:39] That's how it's completed now.

[40:41] That is the writing arena and then just to the east of it, you can see sort of that gray black square.

[40:46] that is the defined and proposed outdoor storage area. It's 20 meters by 20 meters, the rest

[40:53] of the site is going to continue to operate as it is. It uses its existing use the remaining

[40:58] 13 acres. That is residential in nature and small agricultural. There's cultural buildings,

[41:05] there's fence areas, pens, that type of thing. The site is, does host large amount of trees,

[41:11] shrubs, there's a fence surrounding the proposed business areas as well that provides a good

[41:18] amount of screening. The residential home is not part of this business, we'll not be used for

[41:23] the business.

[41:26] Here is a photo of inside the writing arena with that freshly poured slab. This is

[41:33] where the majority of the business operations are going to take place. This is where the raw materials

[41:39] will be stored, the aggregate, the sand, the cement. This is where the actual mixing and the

[41:44] pouring will happen. It will get poured into forms for those staircases. It will be set

[41:49] there. It will appear and then it will be moved out into the outdoor storage area where it

[41:53] will be stored and then staged for pick up from trucks. I want to be clear that outdoor storage area,

[42:03] that is the only intended use for it. It is for that final product to be placed there,

[42:08] stage ready for pickup. The interior of this writing greener there is we're not talking

[42:14] about a concrete plant, we're not talking about crushing concrete, it's not a batching plant,

[42:19] it's not a cement plant, this is a facility to support producing one set of staircases a day

[42:27] or four to five a week and to be brought out one a day out to a job site. There's a stationary

[42:34] mixing barrel that gets used for the concrete. That's how it's mixed. Everything is indoors and

[42:39] contained here. Some of the actual details of the business. Again, it's within that writing arena.

[42:47] It's during weekday, weekday is only week, and daytime hours from 9 a.m. to 5 p.m. We've applied for

[42:54] 6 to 8 total site visits. Within those only one of those is actually supposed to be a commercial

[43:01] vehicle visit, the rest are employees coming going or various business type of trips.

[43:10] The one commercial vehicle, again, is a flat deck, probably with a boom to pick up those

[43:16] staircase that place them in transport. There's no cement mixers coming on. There's not

[43:21] eight cement mixers coming going every single day to mix the concrete in place anywhere.

[43:26] The mixing happens inside the arena. The one commercial vehicle is simply to transport the

[43:31] completed product to a job site.

[43:36] Ultimately, this is what you get at the end of it

[43:38] is a set of precast steps.

[43:41] This is what the business is.

[43:43] There was other concrete products mentioned.

[43:45] The only other thing they really produce

[43:46] is a window well.

[43:48] Again, it's smaller than what's shown there.

[43:51] But this is what comes at the end of the day.

[43:55] It's limited commercial traffic

[43:57] as what is being proposed to your one pickup a day.

[43:59] This is only in the daytime, and everything

[44:01] is happening for the most part indoors other than the staging and story of material.

[44:07] This is just a photo of the final home for these pre-gas steps showing up on construction

[44:12] sites that usually for residential homes.

[44:16] Now that we've sort of established kind of what the business is, how is operating,

[44:21] I want

[44:22] to now look at the question of what we've just outlined and proposed, does that fit within

[44:29] the home-based business framework.

[44:32] So the question I posed early is,

[44:34] is this proposed operation appropriate as a type

[44:36] to home-based business in the agricultural district?

[44:39] So we talked about some of those,

[44:41] date, those business operations.

[44:44] When we compare that to what the actual land use by law says,

[44:48] this is just a comparison back and forth business

[44:51] related visits up to eight to eight

[44:53] specifically for agriculture districts.

[44:55] You're allowed more in an agricultural district

[44:58] then you would enough.

[45:00] More at 6.8. You can have up to two non-resident employees. We are proposing to. You can have up to 400 meters squared. That is what we are proposing. Screening is required for outdoor storage. There is an existing fence. There is many trees and shrubs that provide a great amount of screening.

[45:18] And, administration has also provided an alternate option for the board today if they choose to approve with setting a condition to install another fence.

[45:28] If the existing one isn't, you know,

[45:33] isn't aesthetically enough pleasing, then the landowners

[45:35] are more than happy to support reasonable conditions to upgrade.

[45:40] Fencing or other measures for screening on the property.

[45:43] Location of operations, yet this utilizes a dwelling,

[45:47] or sorry, an accessory building.

[45:49] Again, this building is existing on the site already.

[45:51] Nothing new is being constructed for this business.

[45:56] Just to touch as well, as it was mentioned in administration's presentation there, this

[46:02] home-based business is, as it's defined in the land use file, it's not accessory to the district to agriculture of general.

[46:10] This is accessory, as it's written right in the land but use files, it's accessory to a dwelling or accessory building on the site.

[46:17] It's not related to the actual land use of the property.

[46:21] So we've established that this does fit squarely within the home-based business framework.

[46:27] The next part of that question that I posed was that is it compatible with an agricultural

[46:34] area?

[46:36] We're not here to suggest or tell the board that this is an agricultural business, it's not.

[46:43] But that doesn't mean it doesn't have to be compatible with an area.

[46:46] As we've identified that everything is happening for the most part indoors, it's quite limited what we're doing outside, other than moving those sets of staircases.

[46:55] What's happening in the nature of the business on this property doesn't create a displacement or practical interference with an agricultural business happening outside this property.

[47:07] They can function the same way, and without this business impacting it.

[47:16] Follow-up question I guess to that would be as well, is this an unprecedented situation for the county they haven't encountered this and now it's being refused.

[47:29] This is a map of recently approved home-based businesses, type 2s, of very different intensity on either rural residential or agricultural parcels just in 26 and last 8 months.

[47:42] I know it's quite kind of small but that yellow dot is our proposed application the red dots are

[47:48] other recently approved. This is a list. This is the list that correlates with that map. I

[47:57] know so it's quite small up on the screen there but these are all home-based businesses again the majority

[48:02] of them are on agricultural parcels. The one highlight in yellow in fact is specifically a

[48:08] concrete and would instair manufacturing business.

[48:12] We're not here to suggest that we are identical to all of these businesses, but what

[48:18] we're trying to demonstrate here is that there's a broad range of different businesses

[48:22] of varying levels of intensity that county has reviewed and deemed fit within an agricultural

[48:28] area.

[48:29] These are a few comparables that we pulled up just to have a closer look at, plumbing the

[48:35] meeting company that has seven non-residents employees.

[48:38] That's a large relaxation to the two that's allowed.

[48:41] Max at eight visits a day, and again,

[48:43] those could be commercial.

[48:45] Those could be smaller vehicles.

[48:46] We don't know the limits in business.

[48:48] Again, four non-residential employees.

[48:50] There's a relaxation there.

[48:52] Max out at eight visits a day, 400 meters screened.

[48:55] Just within these few that we pulled.

[48:57] Again, there's three different concrete-style companies.

[49:01] And again, that concrete-steer manufacturing company

[49:03] that's also been approved.

[49:04] Again, this isn't a case of just because they've been approved, this application should be approved.

[49:09] But again, it's identifying that, you know, this isn't the first time this has happened.

[49:15] And in other cases, county has decided that these businesses do fit within an agricultural area,

[49:22] or they can be compatible and work together.

[49:29] So moving on to the next question is, is this business commercial industrial district a more suitable area?

[49:36] So, I think the question here as well is just because this might work in an industrial district

[49:44] doesn't mean that it's not appropriate for a home-based business as well.

[49:51] The land use by law for these home-based businesses specifically speaks to an accessory used

[50:00] to a dwelling or an accessory building, which is what's being applied for here and what

[50:05] trying to get approval for. This allows somebody to live on the property, utilize their property,

[50:12] use existing buildings on the land to make a living. And that's what's being applied for here today.

[50:19] Again, it's using an existing building. There's no retail or customer component to this.

[50:26] They don't need to be in an in a commercial district. They don't need that kind of size of space.

[50:30] They don't need those type of facilities that those districts allow. There's very little traffic

[50:35] employees.

[50:38] So if we kind of have established here that fits with the home-based business framework,

[50:44] it can be compatible with an agricultural area based on what's precedent that's been set

[50:48] and the low nature of impact, the next question in our final question would be, you know,

[50:56] does this business, whether it fits in that or not, that's not enough just to approve

[51:00] if it fits in a framework, but is the nature of the business creating enough impact that is

[51:06] creating material interference or or displacing the the the community there are many impacts

[51:15] listed when you look at the the different opposition submittals and they mostly or they all

[51:21] relate to some form of sorry lost here again to these impacts here which is traffic, noise,

[51:29] visual appearance, outdoor storage, dust and emissions and hours of operation. Again we're not

[51:35] to tell the board that there's no impact from this business. I think when you introduce a business

[51:39] into any, any area, there's always going to be an impact, but what we suggest is that we've

[51:45] identified the impacts and we're very clearly stating them and to find them and they can be

[51:52] there of low enough scale that it doesn't create a material interference to do this surrounding

[51:57] area. Again, our traffic visits are low, 6 to 8 with one commercial vehicle as a as a comparable

[52:04] So when you look at how Alberta transportation and economic quarters have a sign daily trips

[52:10] to residential homes, a residential home generates nine and a half trips a day.

[52:16] The noise from this operation is limited into a riding arena, completely enclosed indoors.

[52:22] Again, we're not crushing concrete, we're not batching concrete in a massive plant.

[52:27] This is a single...

[52:32] There is screening around the storage area. We've talked about, you know, being more than willing to work it for a more suitable fence of that's wished. Outdoor storage is small, at 400 meters squared.

[52:46] Destined emissions, again, this is a small operation. It's indoors. It's contained. The hour-up operations are related only to do the day.

[53:01] So understanding that these impacts are mitigated to the best of their degree and that they are minimal.

[53:09] There's still an opportunity here to add conditions of approval to this permit.

[53:14] There's defined metrics that we can impose here, employ numbers, hours of operation that defined areas, storage markers, screened areas.

[53:25] If we're not asking the board to either unconditionally approve this or refuse it, there's

[53:32] a third middle ground and administration has already come up with that alternative of reasonable

[53:37] and enforceable conditions on this business that make sure everybody is going home happy here.

[53:46] Community support.

[53:48] We did have, after we submitted the appeal, we did have 16 letters of support come to us.

[53:53] We know as well there has been been opposition, obviously, as we see with people here today.

[53:59] Again, we're not suggesting otherwise, but I think what's clear from both letters of support, and this is a map of where they came from, and from the opposition that this isn't a unanimous perspective from the community, some people support and some people oppose.

[54:17] We understand the opposition's sentiment, you know, there's a desire to obviously maintain the

[54:27] role aspects of Delicor, there's a lot of beautiful amenities there that want to be maintained.

[54:32] And we're not trying to take away from that.

[54:36] But we're here today from the board to ask, you know, do you believe that the business here

[54:42] is creating an impact that is worthy of a refusal of the application and based on what we've

[54:48] provided here today, we take a position that it does not.

[54:54] So in conclusion, again, this fits

[54:57] within the home-based business type 2 framework. It is aligned. We'd say that it is compatible

[55:04] with an agricultural setting based on the low-intensity scale of the business. There are options

[55:11] We can have for reasonable conditions to be in place to ensure that those impacts are mitigated as well.

[55:23] And, yeah, reasonable conditions that we can apply to this permit to lessen some of the concerns of this property.

[55:34] With that, we'll wrap up.

[55:36] We respectfully ask that the board overturned this refusal for this development permit and we'll

[55:43] be here to answer any questions if you have them.

[55:45] Thank you for your time and your attention.

[55:48] Thank you, sir, for your presentation.

[55:51] Just to give you the same opportunity that we gave development authority, if we can go back

[55:55] to your community support map,

[56:00] you mentioned that you have 16 letters of support and you

[56:03] we have 15 highlighted,

[56:08] just wondering where the 16th.

[56:13] Through the chair.

[56:15] Yep, good counting.

[56:16] Maybe we're worse at counting, but we do have, I guess, additional.

[56:20] I will say, additional, a lot of support that came in after the fact as well.

[56:26] I'm thus concerned about, I guess, the exact number of letters of support.

[56:31] I think it's more clear that we've established that there's people who support it, a good number,

[56:36] and there's a good number of people that also oppose it, and it's more that this is less

[56:41] of a question about a vote, which one has more numbers, and it's more does, is are we matching

[56:48] the land use by law? Is there evidence to say that there is undo material interference

[56:54] to the area? From our perspective, sir, we do look at the accuracy of the presentation.

[57:03] That's important to us.

[57:10] Michael Omar from Tehran Consultants. Sorry, I'll give some clarification. I did a graphic on this.

[57:16] The reason there's 16 letters and 15s on the map is I can read the handwriting on the actual letter itself.

[57:23] So I didn't put a dot on the map and then just for clarification in your package.

[57:28] We received additional six letters that are included in your package that aren't represented on this map as well.

[57:34] Thank you, sir.

[57:38] Does the board have any questions for the Appellan member, Primi?

[57:46] Through the chair to the Appellan, you mentioned that you're

[57:49] producing four to five stairs a week.

[57:55] Through the chair, that's correct.

[57:57] So how much concrete is required to produce one staircase?

[58:03] Like cubic meters or through the chair?

[58:05] I'm not the concrete expert. If give me a second I'll refer to the landowner here

[58:15] through the chair through the chair half a meter.

[58:18] So it'll be about 2.5 meters to 3 meters of concrete that'll be mixed on site.

[58:56] Through the chair one cubic meter.

[59:00] Will it be mixed on site or will you be bringing it in from third party?

[59:04] Through the chair it gets mixed on site.

[59:07] Another question is about the arena.

[59:09] It's contained in an arena building, is the arena building insulated to reduce noise or I believe it's an existing arena building right.

[59:21] Through the chair, corrected as existing, I do believe it is insulated just let me confirm again.

[59:29] Thank you.

[59:33] Through the chair, that's corrected, it's insulated.

[59:36] Thank you.

[59:40] member for her.

[59:49] Thank you through the chair. I have a few questions to about the actual

[59:53] making of the stairs, so I'm sorry I don't know what a cubic meter is. How many

[1:00:00] Assuming that the concrete powder comes at is delivered in bags and then gets mixed with water and then poured into a frame, etc.

[1:00:11] So, in each day case, how many bags of concrete and how much water and follow-up, what does the wealth support?

[1:00:23] Through the chair, I can answer some of those well. Well, we get some information,

[1:00:29] but

[1:00:29] For water, I know they use, depending on the stairs, it could be 25, 40 liters in a set of stairs.

[1:00:38] The water is not, the wells aren't utilized for the business operations.

[1:00:43] They'll be using holding tank systems within the wide-riding arena, so that the wells aren't impacted.

[1:00:49] The wells are just for the residential home.

[1:00:52] Okay, thank you, some follow-up questions to that.

[1:00:58] So how often is water delivered to the property and how is it delivered?

[1:01:05] Through the chair, the water will be trucked there.

[1:01:08] It's done every three to four weeks as needed.

[1:01:14] And yes, sorry, held in those systems and the holding tanks in the arena.

[1:01:17] Okay. And how often are the concrete bags delivered and how did they come?

[1:01:26] Through the chair. Let me confirm with the landowners here.

[1:01:59] Through the chair.

[1:02:00] So four pallets a month are delivered for bags of concrete.

[1:02:05] Right. Okay. And I have one more question. Well, two more questions.

[1:02:11] In terms of the building, which was arriving the renown is now a manufacturing area, what's happening about fumes, ventilation, dust control within that building.

[1:02:31] Through the chair, I don't have specific, I guess, answers on what that mitigation looks like.

[1:02:38] it is indoors. There's options for fanning and filters that can be introduced. I don't have

[1:02:45] specifics and I don't know if it's been detailed yet. I can ask. Yeah.

[1:02:50] Because presumably it's heated so there would be humidity issues perhaps.

[1:02:58] Through the chair corrected is heated. Let me just confirm with them on any mitigation there.

[1:03:05] Thank you.

[1:03:11] Through the chair there's an HVAC system. They're

[1:03:13] to introduce it's not part of this application. No doubt to be a follow-up introduction through

[1:03:20] building services. Okay. And the other, my last question is about the growth of the business,

[1:03:28] because it seems quite a small business right now. How did they see it increasing?

[1:03:43] Through the chair, they don't have any plans to increase the scale of the production right now.

[1:03:49] they've been operating not at this property, but operating this business for some time at this level,

[1:03:54] and then what would like to continue to do so.

[1:03:57] Okay. Thank you very much.

[1:04:02] You mentioned that the business has been operating at a different site. Can you tell us where?

[1:04:29] Through the Jared's location in Calgary, Southeast.

[1:04:33] In an industrial area?

[1:04:38] Yeah, yeah. In an industrial area.

[1:04:41] Thank you.

[1:04:45] Any further questions from the board at this time?

[1:04:51] member done.

[1:04:54] Thank you. Through the chair on one of your slides the options for conditions of approval

[1:04:59] it does say expansion subject to additional development permits. So that would tend to imply there

[1:05:06] was expansion plan. Through the chair. I'm sorry I would disagree it's not implying that

[1:05:14] the intended expand it's more that this is often a concern that comes up with with these types of

[1:05:22] open the floodgates and you think it happened.

[1:05:25] We're not asking for this to be approved for full-blown industrial use

[1:05:29] because this is a specific home-based business to find by that land use.

[1:05:34] If they want to do more, then it's subject to they have to go through the process of the

[1:05:39] additional applications to expand the operation.

[1:05:43] So that would mean, okay, thank you.

[1:05:47] You do mention that you have four resident employees of the business on site.

[1:05:52] Can you tell us how many residents there are in total on site

[1:05:59] through the chair?

[1:06:01] Yes, sorry, four residents living there who also work two non-resident employees total

[1:06:08] residents for the home is four four.

[1:06:19] Any further questions from the board?

[1:06:24] Seeing none, thank you very much for your presentation, sir. You can be seated.

[1:06:36] Is there anyone in the audience who wishes to speak in support of the appeal?

[1:06:46] In seeing no one, that's my first call. I am obligated to call this three times.

[1:06:52] For a second call, is there anyone in the audience who wishes to speak in support of the appeal?

[1:07:03] And for a third call, is there anyone in the audience who wishes to speak in support of the appeal?

[1:07:13] Seeing none, thank you very much.

[1:07:19] I do have a list of speakers who wish to speak in opposition of the appeal.

[1:07:25] The first one being...

[1:07:30] Ush, riker fox, and I believe Mr. fox is online. Yes, hello, good morning. Can you hear me okay?

[1:07:41] Can very much so sir. Great. I'm just going to pull up slides here and share screen.

[1:07:47] Just for the record, I will need you to state your name. Oh, sorry about that.

[1:07:53] Joshua or Raker Fox, maybe such a kind introduction. I didn't think I needed to.

[1:08:00] I'm going to share

[1:08:01] screen and hoping that to function correctly if you can just let me know if you're able to see it.

[1:08:15] We do have a screen of houses, golf course. Get a little bit of everything there and so I'm just going to

[1:08:26] put it into presentation modes, hopefully it's a little bit tidier. What you see there is

[1:08:32] three different shots of the Delacore community.

[1:08:37] And am I good to get started?

[1:08:42] Yes.

[1:08:43] Awesome, thank you.

[1:08:44] OK, so good morning and thank you to the field board

[1:08:46] for allowing me to join remotely today.

[1:08:48] The issue before the board is not

[1:08:50] whether the proposed development

[1:08:51] can be made somewhat less disrupted

[1:08:53] disruptive through mitigation measures,

[1:08:55] but whether this needs your development

[1:08:56] is appropriate in this rural agricultural location.

[1:09:00] The evidence demonstrates that it is not

[1:09:02] the proposal introduces line-duce conflicts,

[1:09:04] increase pressure on infrastructure and impacts that are inconsistent with a long-term

[1:09:08] protection of the surrounding area as described in the county's planning documents.

[1:09:13] But these reasons, I respectfully request that the PLB denied.

[1:09:17] Protecting agricultural land requires more than preserving individual parcels.

[1:09:21] It requires protecting the world conditions that allow agricultural communities to continue to function.

[1:09:28] Just have to give me a moment as I move through the slides here.

[1:09:31] If the slides aren't tracking along, please let me know on my side that looks okay.

[1:09:35] The county provided clear rationale in the technical elements for refusal.

[1:09:40] All offer three themes for consideration from the community's perspective.

[1:09:44] The first is the veracity of the home base business application.

[1:09:48] The second, and what I think is probably most critical, is the guidance of the area structure

[1:09:53] plan and the NDP, the municipal development plan, and then last is stewardship.

[1:09:58] We've witnessed the home base business which ruined Delacore and the surrounding community

[1:10:02] several times and were really conscious of the risk that's associated with such applications.

[1:10:07] The community has been clear that the continued erosion of residential and agricultural priorities

[1:10:11] is now at a tipping point. As a county's package captures, there are 15 surrounding residents

[1:10:17] and over 400 community patrons that have stated their objections to the application that number

[1:10:22] is likely higher today. I'd ask everyone to envision a handlet or a community like Bride Creek

[1:10:27] lying down 20 years ago and imagine the impact of a facility like this if it was allowed to

[1:10:33] proceed. Those communities would have been denied the opportunity to thrive in the years ahead.

[1:10:45] The first theme is with regards to the variety of the application. A home is a place for a family,

[1:10:51] partners, individuals, live, play and eat. This application doesn't reflect a home. The property

[1:10:56] sold for $1.2 million in October 2025. There were no interior photos that were included in the

[1:11:03] state of the interior of the house.

[1:11:06] And this is simply just out of step with the market.

[1:11:08] By every observation, the house sits on occupied.

[1:11:11] There's no lights on and off.

[1:11:12] There's no activity.

[1:11:14] A car only appeared in early August

[1:11:16] when the hearing date was rescheduled.

[1:11:18] Plate, hidden, and unmoved sense.

[1:11:21] Consistent with a stage occupancy, not residency.

[1:11:30] Our understanding is the application,

[1:11:32] the applicant is YYC precast.

[1:11:35] This is a sizable corporation that serves Calgary,

[1:11:38] Cochrane, Strathmore, Hyriver, Herodry, and several surrounding communities in the region.

[1:11:43] Here's a screen shot from the website.

[1:11:49] This is not a quaint moment pop shop as the application may suggest.

[1:11:53] Our community's experiences at these operations escalate well past their initial scope.

[1:11:57] This reads as an effort to reverse engineer the home-based business process, not an organic

[1:12:02] extension of residential use.

[1:12:06] The second theme that I'd like to touch on, and I think that this is the most critical

[1:12:09] is with regards to Delico's ASP and Rocket View's Municipal Development Plan. I've shared the

[1:12:15] vision statement for Delico's ASP here for you to just take a read. Your team, Rocket View's

[1:12:21] team and our community put so much work into this document and here we stand to reinforce how

[1:12:25] important that work is today to ensure its principles remain upheld. The ASP defines the long-term

[1:12:33] direction of the Hamlet and surrounding area, providing integrity to the design, the little

[1:12:37] the ability, character through a logical layout and sequencing of development.

[1:12:42] Such businesses threaten the certainty the ASP is meant to provide.

[1:12:51] The applicant property is noted with the purple arrow there.

[1:12:56] And it's located within the agricultural transition area.

[1:12:58] There's specific language in the ASP that notes the type of progression that can happen

[1:13:03] within an agricultural transition area as part of the area structure plan.

[1:13:08] Future conversion requires this area, be residential or local commercial in nature, and I think we can agree and as we heard this product is not local commercial because there isn't a market for it in the Delacore area.

[1:13:21] Incompatible uses degrade the rural character of Delacore and then invite further encroachment.

[1:13:32] There's a lot of text here and I hope you have a moment that you can flip through it. I'll just provide some highlights.

[1:13:36] The area structure plan is clear, industrial uses are unsupported outside of the

[1:13:41] Hamlet expansion areas, commercial use in the agricultural transition area must serve

[1:13:46] the local market and be supported by communal or pipe water, and home-based businesses may

[1:13:52] only locate in the mixed use policy area and only yet compatible.

[1:14:00] The application fails all three tests.

[1:14:02] It's industrial, it's not serving the local market, and it's incompatible with the ASP's

[1:14:07] character.

[1:14:13] Next, I just want to take a quick look at Rocket Views, Municipal Development Plan,

[1:14:17] the MDP, which is published in 2025, Section 5 of the MDP directs growth to suitable areas,

[1:14:23] to minimize impacts on agricultural land and a regular development. And at points,

[1:14:28] uses like pre-pass compute production to designate it employment areas and business hubs.

[1:14:32] So both the ASP and the MDP speak to specific location for this type of business.

[1:14:39] The final theme is with regards to stewardship.

[1:14:44] Delicor was established in 1914 with over a century of history, we're stewarding for the next generation now.

[1:14:51] The applicant's conduct raises concern.

[1:14:54] The installation of a large and unsightly plywood fence with mismatched posts, so you can see here.

[1:15:00] There's refuse piled on the property, and third an attempt to solicit support at the canal golf course under false pretenses.

[1:15:10] It's become normal for applicants to hire consultants. There's a real imbalance between industrial money and residents defending their community against concrete producers, auto-reckers, and trucking businesses.

[1:15:22] And I asked everyone here today, how would you feel if your neighbors started this in your community?

[1:15:27] We have families, farms, and careers, and we chose Della Core for its rural character.

[1:15:33] If we approve this won't be a nice-flated exception,

[1:15:35] the integrity of the ASP will come into question for the future.

[1:15:40] We're fortunate to have a wonderful haul in writing grounds,

[1:15:42] the Law to Canal at Della Core, of course.

[1:15:45] The Girl Guides haul in its programs which date back to 1957, which is pretty cool,

[1:15:49] and a store that attracts visitors from afar.

[1:15:52] This is the nucleus of Della Core, which would be a rapidly harmed

[1:15:55] by the allowance of a concrete production operation.

[1:15:59] We respectfully request the county's decision to be upheld.

[1:16:02] Thank you.

[1:16:04] Thank you very much.

[1:16:05] I can answer any questions.

[1:16:07] Please let me know.

[1:16:07] Thank you very much for your presentation.

[1:16:10] Does the board have any questions for Mr. Ricker Fox?

[1:16:17] Member Dunn.

[1:16:19] Through the chair, one question.

[1:16:21] The picture that I can't show it to you on the screen.

[1:16:25] The picture that you just talked about page 19 of 27, when was that taken?

[1:16:32] This would have been taken probably about 10 days ago, and that fence was erected.

[1:16:39] I'd have to go back and check specifically, but it's been erected for some time.

[1:16:43] It was erected after the purchase of the property.

[1:16:46] Did you say 10 years ago?

[1:16:48] No, no, no, 10 days ago.

[1:16:51] Okay, 10 days ago.

[1:16:52] It was erected after the purchase of the property.

[1:16:55] But the picture...

[1:16:56] And I think you...

[1:16:58] Sorry, go ahead.

[1:16:59] The picture was taken about 10 days ago.

[1:17:01] That's correct.

[1:17:02] Okay. Thank you very much.

[1:17:05] Welcome.

[1:17:08] Any further questions from the board?

[1:17:10] Member Primi.

[1:17:14] Through the chair.

[1:17:16] Is that the picture of the arena?

[1:17:18] Could you please specify this another building on the site?

[1:17:22] To my knowledge this is another building on the site.

[1:17:25] So this is not the picture of the arena.

[1:17:27] to my knowledge, but I wouldn't have quite the specifics to know where the arena of the

[1:17:35] other different outbuildings, which one's the arena where the concrete was for it. I'm not familiar

[1:17:38] with it. That level of detail. Thank you.

[1:17:42] Simply because I'm not on the property.

[1:17:47] Thank you, any further questions from the board.

[1:17:52] Seeing none, thank you very much for your presentation, sir.

[1:17:55] Thanks so much for the opportunity to join today.

[1:17:59] I do have listed to speak in opposition to the appeal number two, Mr. Bruce McIntosh.

[1:18:17] Oh, certainly I just have Bruce written down, so we'll go with Doug.

[1:18:21] I apologize.

[1:18:41] But good morning, sir.

[1:18:41] I just need you to turn the mic on and introduce yourself.

[1:18:47] Thank you.

[1:18:49] Good morning, ladies and gentlemen.

[1:18:52] My name is Doug McIntosh.

[1:18:53] I own an operate the Canal of the Delacard Gulf Club where I got approval and started building it in 2003.

[1:19:04] It has developed and has been improved over time, where it is now one of the best Gulf courses in Calgary.

[1:19:12] I apologize my hearing is not good, I just have new hearing aids on order.

[1:19:18] Anyway, the proposed development is Katie Corner that is Southeast Corner is in alignment with the North West Corner of the Gulf Course.

[1:19:31] That's sort of the traditional winds come from the Northwest and sounds travel that way too.

[1:19:37] There are many reasons why this development shouldn't be approved.

[1:19:41] and most importantly is the doesn't comply with

[1:19:45] area structure plan as George Riker Fox said.

[1:19:51] It doesn't fit in with the surrounding area, which is made up of small

[1:19:56] acreages, farms, a golf course, a community hall, and a

[1:20:01] Questran Center, a store and historic girl guides building.

[1:20:07] They have just recently demonstrated that their intention is not

[1:20:12] into the community, then instead chose a path of intimidation.

[1:20:21] A few examples are as follows.

[1:20:24] Three men that were related to this group purchased a nine-hole tea time,

[1:20:29] rented two golf cars, carts, just before the ladies league began.

[1:20:37] They only had one set of golf clubs, which had our staff notice,

[1:20:41] They wouldn't have been allowed to play.

[1:20:43] They were not there to play golf anyway.

[1:20:46] They drove through people.

[1:20:48] They were playing, and at night the ladies that were playing.

[1:20:53] They followed the food and beverage cart,

[1:20:56] girl buying drinks at different times from her,

[1:20:58] and asking her inappropriate questions.

[1:21:02] Like, how old are you? Where do you live?

[1:21:06] She was not comfortable with this, and she was rightfully scared.

[1:21:11] I was called to the clubhouse where they were following the game. These three men were

[1:21:17] cutling up to various lady golfers and trying to buy them drinks with intention of trying

[1:21:23] to sell them their concrete prefab business. There were a lot of angry lady golfers there.

[1:21:31] I approached the three men as they were attempting to order drinks. I canceled the order and told

[1:21:37] They were not welcome and asked them to leave.

[1:21:42] I said we would be see them at the appeals hearing.

[1:21:47] They commented that their lawyers would be here.

[1:21:50] And I said, that's fine.

[1:21:51] They said everyone surrounding them supported them,

[1:21:54] which was not true at all.

[1:21:57] The people south of them are the local store

[1:21:59] and girl guide building.

[1:22:01] The golf courses on the southeast corner of them

[1:22:05] was opposed as well with over 400 signatures on a petition not in favor of this development.

[1:22:15] The people of the East Side were not supportive as well.

[1:22:19] The balance of the quarter section

[1:22:24] closely surrounding on the west, north, and east.

[1:22:30] Was recently sold to a person in Saskatchewan. I believe this person is no one, and associated with the applicants, and I also believe that if this application is approved, the whole quarter section would eventually become industrial property.

[1:22:49] The only other statement they made, I really didn't want to say anything about it as it

[1:22:56] may have negative impact on the counselor or staff.

[1:23:00] However, I believe the county should be made aware of the other comment, which was,

[1:23:09] I quote, the county was bought and paid for, unquote.

[1:23:14] That is a serious charge, and these people present themselves as being very disingenuous.

[1:23:22] Like I said, I didn't feel it was appropriate, but I just felt committee and the council

[1:23:27] should understand what they told me.

[1:23:35] The people related to this appeal subsequently offered me an apology and a gift to which

[1:23:43] has had no thank you. It's too late for the apology and I can't be bought.

[1:23:49] The house located on the property, I expect as the basis for the home-based business.

[1:23:56] The building was rented out, but I believe it is now vacant due to a per-suede system,

[1:24:02] which was just put into a container. I would also like to know where the dispose of that

[1:24:11] There's been approximately 400 feet of plywood sheeting,

[1:24:15] seeing some cases double high along the property.

[1:24:20] Was there a permit for that?

[1:24:23] I would like to know on what basis, if there was.

[1:24:27] I would like to know what basis it was approved.

[1:24:31] I would suggest that there's overwhelming

[1:24:33] evidence of why this project should not be approved.

[1:24:38] Yet destroys the social aspect of the community and that's what makes the community a great place to live.

[1:24:53] I believe the development would have an impact on the profitability and the sale of the golf course as well as the sales values of the properties in the area and subsequent last taxes.

[1:25:05] I pay approximately $45,000 a year in taxes for my properties and the golf course.

[1:25:19] And I believe this would just not be good for the property in the area.

[1:25:26] I respectfully request this committee.

[1:25:30] Turn down this development.

[1:25:32] Thank you very much for your time.

[1:25:35] Thank you, Mr. McIntosh, for your presentation.

[1:25:38] Does the board have any questions for Mr. McIntosh?

[1:25:43] Member Permie.

[1:25:45] Through the chair, Mr. McIntosh, can you please let us know where is the location of the golf course in proximity to the site?

[1:25:54] I'm sorry. Can't really hear.

[1:26:05] Can we maybe have a map up there?

[1:26:06] The location of the golf course you wanted to know?

[1:26:08] Yes, please.

[1:26:09] It is the north, the northwest corner of the Gulf course, is directly in direction with the southeast corner of the development.

[1:26:22] So, again, the winds and the noise are traditionally from the northwest and we would get it all.

[1:26:29] Any chance we could pull up a site map that would reflect the properties, locations.

[1:26:39] I can share a screen if that helps.

[1:26:41] I

[1:26:46] think we have it here, Mr. Ricker, Fox, I'm just confirmed with our element of thought.

[1:26:50] Didn't hear that question.

[1:26:52] We're just trying to pull up a map of the sites.

[1:26:54] Oh, okay.

[1:27:00] You see the Gulf, of course, where the canal runs through it.

[1:27:03] Just south of the Highway 564.

[1:27:07] And there you see, just straight to the north west where the applicant is.

[1:27:13] Thank you.

[1:27:14] Thank you.

[1:27:19] To the development authority we did here, Mr. Mackintosh, reference the Fencing that's on site,

[1:27:27] is there any requirement under the Landy's Biolotic at a permit for Fencing of this nature?

[1:27:36] To the chair, yes, Fencing's over 2m high, do need a development permit in a,

[1:27:48] yes, sorry.

[1:27:51] Fencing's worth in 2-meter high-do need a development permit to be prior to installation.

[1:27:57] So this fence would be subject to that condition.

[1:28:00] Is there a permit in place orders that part of the enforcement order as well?

[1:28:05] To the chair, there is no permit at the time.

[1:28:09] So the applicant would need to apply for the development permit.

[1:28:16] Thank you very much.

[1:28:18] Any further questions from the board?

[1:28:21] See you now. You can be seated, sir. Thank you.

[1:28:24] Thank you.

[1:28:31] Also signed up to speak in opposition to the appeal I have Dana McIntosh.

[1:28:49] Welcome Ms. McIntosh, and for the record, I need you to introduce yourself and state how you're affected by this.

[1:28:54] Certainly. Thank you. Good morning, Chair.

[1:28:58] Board.

[1:29:00] Ms. Carrey, Mr. Citu, Joel, and Homer. Good morning.

[1:29:06] I'm Dana McIntosh, I am daughter-in-law of Doug McIntosh, a founding member of the Delacore

[1:29:17] Canal at Delacore Golf Club, and I'm here in support of the Board's decision to refuse

[1:29:25] the development of the Permit application for the home-based business.

[1:29:30] I have lived out on the land up until about 10 years ago, but I am an active member stay

[1:29:40] at the Gulf Club, and obviously in support of the family who still reside around the

[1:29:47] Gulf course itself on the land.

[1:29:52] I will thank very much all of you for accepting my late submission of Exhibitor 11, the

[1:30:00] You received, and basically, the overarching question or request of that is the question is not

[1:30:12] whether this industry matters, it's whether it is in the right location.

[1:30:19] A concrete or aggregate

[1:30:20] operation should not undermine an established residential and recreational land use pattern as

[1:30:27] approved in the area a structure planned by Rockyview County.

[1:30:32] The council's choice today is to protect a long-established and successful golf course

[1:30:38] and a planned golf course community and its long-term economic value or introduce a permanent

[1:30:45] industrial neighbor that changes the area's character and I imagine by successive business

[1:30:52] would like to expand over time.

[1:30:58] So in presentation just as an aside, I'd like the board

[1:31:03] pleased to consider the geography of the land, as has been outlined. Just doing some research

[1:31:09] on this, the property in question or the site in question of the affluent resides and rests

[1:31:15] 98 feet or 30 meters higher than the golf course and the topography slopes directly from

[1:31:25] the northwest to the southeast. So obviously any additional water and runoff would be

[1:31:35] coming in our direction. And as well as been mentioned, as a regular golfer, we can

[1:31:43] tests that the very strong winds out of the North Northwest presented challenge when we're

[1:31:50] golfing, so as Mr. McIntosh had indicated, any noise, dust, debris, we typically would

[1:31:59] see it coming in our direction to the golf course. Just another aside for consideration,

[1:32:07] and this was me Googling at 11 o'clock last night. I was curious to know that how

[1:32:13] much water, a small cement operation would require, and I emphasized small, I looked as small

[1:32:21] medium and large, and was interested to learn that a small cement concrete batching

[1:32:33] or aggregate facility typically requires between 1.5 and 3 million liters or 400,000

[1:32:42] to 800,000 gallons of water per year.

[1:32:47] Assuming an annual production volume of around 10,000 cubic meters of product,

[1:32:54] we're aware

[1:32:55] that there is a, I forget the term, but the well that is there that would serve the

[1:33:01] residents is not in use.

[1:33:04] As also outlined, we believe that the house is not currently occupied presently.

[1:33:12] The question would be, in my mind, and as a community on behalf of the community, how much water would be required for this operation,

[1:33:26] they have mentioned,

[1:33:27] system, I'm curious as to system capacity and use, would it be, it would also presumably

[1:33:35] be used for dust suppression, washing and cleaning of equipment, mixing, obviously,

[1:33:42] of the aggregate and the concrete powder. So my overarching concern or consideration as well

[1:33:54] the scope of the business as positioned as a small home business, which to be frank in my

[1:34:01] mind would be something along the lines of, as has outlined in your paperwork accounting work

[1:34:10] from home, hairdressing, maybe a cottage industry from home, but certainly not a industrial

[1:34:16] themed business.

[1:34:23] I also researched and primarily have 13 sites of pre-cassament concrete

[1:34:33] located in Calgary, all in industrial areas, as is appropriate, I feel. And I have,

[1:34:41] I can support it with listed information here. None of them are classified as a home

[1:34:47] business type 2, even though they produce precast concrete steps.

[1:34:54] And I think in closing my overall concern is if this business is allowed to proceed in

[1:35:03] this location, I fear and feel it will be a creep as the business we all want to see a

[1:35:11] the succeed and expand. I feel that if the first step is approved, it will there be easier

[1:35:20] in time to more than expand thereafter, totally not in keeping with the community, the agricultural,

[1:35:28] the recreation, the peace and quiet of living out in Delacore, we see increased truck traffic

[1:35:35] currently on Highway 564 traveling East West on that corridor, the ratio that I see as a goal

[1:35:43] for there through the month of July of semis and pops, passing the driveway, as a ratio

[1:35:52] of about 50% semis and pops, 50% regular car via a particular traffic, as the board knows

[1:36:03] that intersection east of us at Highway 9 is a death trap and is being currently reviewed and

[1:36:09] we're as residents in Delacore, very grateful to you for looking at that.

[1:36:16] So I thank you all for the consideration. I respectfully request of all of you to seriously

[1:36:21] consider this and not approve this particular business at this location as a poor fit.

[1:36:30] Thank you very much.

[1:36:33] Thank you, Ms. McIntosh, for your presentation. Does the board have any questions for the speaker?

[1:36:41] See, none, you can be seated, ma'am. Thank you.

[1:36:43] Thank you very much indeed.

[1:36:49] That does represent the last of the speakers that I have signed up for the opposition to the appeal.

[1:36:56] But I am obligated to call this for three times.

[1:36:58] So for a second call, is there anyone who wishes to speak in opposition to the appeal?

[1:37:06] In seeing no one for a third call is there anyone in the audience who wishes to speak in opposition to the appeal.

[1:37:13] I see absolutely come forward sir please state your name and how you're affected by the appeal.

[1:37:33] Good morning. My name is Patrick Glesby. We live just north east of where the facility is proposed. We live at 254-108, Range Road to EGN, we can see the facility, the writing arena that is proposed for this.

[1:37:56] I have a series of questions that concerns that I have for this.

[1:38:08] As I said, that they were going to mix the concrete on site.

[1:38:14] While if you're bringing in four pallets of pre-mix bagged cement to mix,

[1:38:23] you still have to have water. There's a lot of waste, the bags, the pellets, everything that are

[1:38:31] associated with bringing it in pallet. If they're mixing it from the components,

[1:38:36] you've got sand trucks, gravel trucks, cement trucks, steel trucks, because all this

[1:38:41] precast is full of steel and mesh. You have garbage trucks coming in and out to haul the debris away.

[1:38:50] You're going to have forklifts or a crane truck.

[1:38:54] No, you probably have to have a loader of some sorts.

[1:38:58] If you've got a sand truck coming in with a dump of sand, you've got to pick it up

[1:39:04] and move it inside the building.

[1:39:05] So you've got some kind of a skid steer or whatever moving that sand and gravel and the cement

[1:39:13] everything.

[1:39:14] All has to be moved into the building, then you're mixing it on site with water to create the mix itself.

[1:39:26] Once that's done, all that equipment has to be washed out and cleaned because you can't leave cement in there,

[1:39:33] or it's just going to harden, then you're jack hammering it loose, and you've got the waste associated with that.

[1:39:39] If you wash it out, when you wash your truck, you get water everywhere, all of that water is full of debris from mixed in the concrete and cleaning the equipment afterwards.

[1:39:53] You've got the delivery trucks that are bringing the materials in and the finished product taking it out.

[1:40:02] None of it will actually be conducive to agricultural or local business.

[1:40:11] It's all exterior.

[1:40:14] These trucks all come in by highway either through on 5-6-4 through from the east, from

[1:40:21] highway 9, which is stated before is a nasty intersection, are coming from the west from

[1:40:28] city area.

[1:40:29] And the access driveway to the property is just over the crest of a hill.

[1:40:36] So, as you come into that, it is a 70-kilometer zone,

[1:40:40] and it's not typically enforced to the point where speeds are 70.

[1:40:45] We've lived there for over 30 years,

[1:40:48] and the speed of the vehicle is going through there is not always 70.

[1:40:55] The building that they're proposing to use is on the north side of the property, right

[1:41:02] across the fence line from what's designated in the area structure plant as future developments.

[1:41:11] There's already been two subdivisions proposed for that area that have been turned out based

[1:41:17] on the area structure plan as being that as a future area that I believe it was the fourth

[1:41:26] section of the area structure plan to be developed, not the first.

[1:41:32] I was on the committee that created that area structure plan many years ago, so I kind

[1:41:39] partial to keep in it intact.

[1:41:45] When you work with concrete and pouring concrete, I've done a little bit of it more

[1:41:51] for personal use than professional, but the forms all have to be sprayed down with

[1:41:57] some type of a release agent to get the concrete out of it once it sets up.

[1:42:04] typically concrete is I believe 27 to 29 days to cure. So it's not something you can

[1:42:12] pour today, leave it set for a day, put it out in storage and haul it away. It needs

[1:42:18] curing time for the concrete to set out. And when you make concrete and to pour in a

[1:42:26] mold, you might need a cubic meter. You're going to mix a little more because if you

[1:42:32] short that creates big problems and structural integrity of the mix. So the access that you

[1:42:40] create so that you don't run short usually just get stumped. Concrete facilities where they're

[1:42:50] building this precast. I've been in them worked around them for years. They're very dirty, dusty

[1:42:57] And they're not sanitary environments, so the indoors, yeah, it'll be better, it'll be good, no.

[1:43:10] So myself and most of my neighbors that I'm aware of are not in support of this business at all.

[1:43:19] Thank you.

[1:43:21] Thank you, Mr. Gillespie, for your presentation. Does the board have any questions for Mr. Gillespie?

[1:43:27] Seeing none, thank you very much so you can be seated.

[1:43:34] And when last time, as a third call,

[1:43:37] is there anyone in the audience who wishes

[1:43:39] to speak in opposition to the appeal?

[1:43:44] Seeing no one, thank you very much.

[1:43:47] The board will now have a quick recess

[1:43:49] to review submissions and determine if the board has any further questions.

[1:43:53] The recess will also give the appellant time

[1:43:55] to put together a rebuttal.

[1:43:58] As a reminder, a rebuttal can only be in direct response

[1:44:01] to the submissions made as part of the hearing

[1:44:03] and cannot introduce any new evidence.

[1:44:06] Is 10 minutes sufficient time to prepare a rebuttal in seeing an acknowledgement?

[1:44:13] The board will now take a quick 10-minute recess and reconvene at 5 minutes past.

[1:44:20] No, five minutes to 11. Thank you.

[1:56:47] I call this development and subdivision board hearing back to order.

[1:56:58] Before we get to the

[1:57:00] reply to all the board does have a couple clarifying questions to ask.

[1:57:08] Member Primney.

[1:57:11] Through the chair to the development authority. I just have a question about the ASP. There was talked about

[1:57:16] few times here in this hearing, the transitional area.

[1:57:21] So this property is in the transitional area of ESP.

[1:57:25] So what that exactly means, what kind of users can come there

[1:57:30] and what is it intended for?

[1:57:40] Through the chair.

[1:57:42] So the ESP gives different line-used districts

[1:57:47] to the plan area that's to the parcel

[1:57:50] located within the plan area boundary.

[1:57:52] And I've got a transition area is one of the land use district that's been assigned to this quarter section in the quarter section north of the subject site.

[1:58:04] It doesn't specifically say what uses or which kind of uses.

[1:58:09] However, there is a section 5.1B which does say that local commercial uses and golf court related commercial uses will be permitted either within the golf course commission.

[1:58:22] commercial area or agriculture transition area on site specific basis. So they would still

[1:58:27] have to be compatible with ages inside in the context of the area.

[1:58:33] Thanks for that.

[1:58:38] Members for our.

[1:58:39] Thank you. My question is actually to the appellant, please.

[1:58:49] Thank you.

[1:58:50] I just have a few more questions about the materials involved in making these stairs

[1:58:57] and window wells. So there's concrete involved, and I understand that's a mixture of what comes

[1:59:05] in bags plus water. What else is involved? There must be some steel or mesh or other things.

[1:59:22] Through the chair, Andrew Elmer with paradigm consultants, there's aggregate, there's sand,

[1:59:29] there can be some steel mesh. Like you said. Okay, and how are they delivered?

[1:59:36] Through the chair, those will be delivered similarly as we've discussed, it'll be trucks arriving.

[1:59:43] Again, that doesn't necessarily mean it's its own trip. They can coordinate with the trucks coming

[1:59:48] to do pickups and also be delivering materials at the same time.

[1:59:51] And how will they get from the back of the truck into the warehouse?

[2:00:00] Through the chair, depending on the size they can either be backed in and offloaded, or it can be dumped and moved in via

[2:00:07] skid steer. So there'll be a skid steer on site? There'll be a skid steer on site, yes. And where will

[2:00:15] that be parked? That can be parked within the arena. And then we've also heard that the water is going

[2:00:23] be stored on site, what are the size of those holding tanks?

[2:00:30] Through the chair, I don't have specific sizes for those tanks.

[2:00:34] I, for my understanding, they still need to be purchased, so they can set up their operation

[2:00:38] there, but it'll be, you know, enough that will, that can support, you know, trucks showing

[2:00:44] up every few weeks to keep those daily visits low.

[2:00:52] I would actually like to know the size, the capacity of those tanks that they're proposing.

[2:01:05] Through the chair, so it would be two holding tanks, 1,150 gallons.

[2:01:13] Okay, so do we know what that cubic size is?

[2:01:18] No, not to worry.

[2:01:19] a large and and they they would be delivered and moved into the

[2:01:30] warehouse area into the manufacturing area they'd be stored in there or

[2:01:34] correct inside the writing arena mm-hmm okay and um I had another question sorry it's gone

[2:01:44] come back to you. Thank you, Member Permie.

[2:01:50] Through the chair, I have a question regarding the

[2:01:55] waste water or any waste that's produced during the manufacturing process. How's the waste handled

[2:02:04] in the situation? Through the chair, the waste is collected via a pit in the writing arena

[2:02:12] for the wash out, the farms out to be washed, different areas out of things out to be washed.

[2:02:16] We run off collected there and from there it gets cleaned out, scooped out and it will be disposed of offsite.

[2:02:24] So there's no waste getting disposed off on site, disgating offsite.

[2:02:29] Correct, it gets transported to a proper land transfer or dump.

[2:02:35] I know you mentioned four to five stairs.

[2:02:37] I just want to double check, is it per week or per day?

[2:02:43] Four to five sets of staircases per week, or week.

[2:02:47] How big are these staircases?

[2:02:50] Through the chair.

[2:02:51] I can bolt the picture again, but they're typically for a residential home,

[2:02:56] and they are, you know, what was that, three, four or five steps?

[2:03:01] Yeah, we saw the picture. Thank you for that.

[2:03:07] Member for our.

[2:03:08] Thank you.

[2:03:09] Thank you.

[2:03:10] You mentioned that there is a pit folk for waste. Is that built already or are you putting that in?

[2:03:20] Through the chair, no, it does not yet built.

[2:03:23] Okay, I would be looking for a development permit for that.

[2:03:27] Through the chair, so that would be a building services or building permit.

[2:03:34] So similar to the track that was mentioned earlier, that will be the process.

[2:03:37] They have to go through for that.

[2:03:40] Thank you.

[2:03:41] Does the development authority have any knowledge of this pit?

[2:03:48] It's worth a chair.

[2:03:48] No, we do not.

[2:03:50] Is there anything within the land use by laws that permits the use of a pit in this sort of use?

[2:04:11] No, not in the, sorry, through the chair.

[2:04:13] No, not in the land use by law about the pit.

[2:04:20] To the chair, we don't have any knowledge of that right now.

[2:04:24] And we'd have to work with our internal teams to assess whether that would be allowed in what the requirements are.

[2:04:30] Thank you.

[2:04:33] Member Dunn.

[2:04:36] Thank you through the chair.

[2:04:37] Only pardon me my question is for the development authority.

[2:04:47] Really too enforcement.

[2:04:49] I had thought that the reason for the enforcement request complaint was that the business was already running,

[2:04:55] but it sounds like it's not.

[2:04:57] So what was the complaint that brought enforcement out?

[2:05:05] Thank you through the chair to member Dunn, so the concern was that there may be some kind

[2:05:11] of commercial activity occurring on the lands because there was some truck scene, concrete

[2:05:14] trucks, so the officer attended to observe to see if there was commercial activity or a business

[2:05:19] and at that time it was in January. It was explained to him the trucks were for laying the

[2:05:26] concrete pad in that accessory building as the appellant described. And that's all. Correct.

[2:05:32] Okay. Thank you.

[2:05:37] Thank you. Any further questions from the board? Seeing none? Now is the time

[2:05:43] for the Appellants Rebuttal? Please remember that the Rebuttal can only be in direct response

[2:05:47] to submissions made as part of today's hearing and cannot introduce any new evidence.

[2:05:58] Through the chair to the board members. Thank you. Just prior to going on.

[2:06:02] or should I do need you to introduce yourself again?

[2:06:05] Yes, Andrew, I'm over with here.

[2:06:06] I'm consultants.

[2:06:07] Thank you, sir.

[2:06:10] So yeah, I think we'd like to just address

[2:06:12] a couple of things that we heard.

[2:06:14] I think our initial presentation did cover a lot

[2:06:17] of the concerns that were raised.

[2:06:20] But a couple of things that we heard

[2:06:21] again, some photos that were shown regarding tenant issues

[2:06:24] and or sorry, the whole issues

[2:06:27] and seeing a car parked up front.

[2:06:29] Again, this property was purchased back

[2:06:31] in the fall of 2025.

[2:06:34] At that time, when they took possession of it,

[2:06:36] there were tenants living on the property.

[2:06:38] The land owners did have to go through a process

[2:06:40] and through the courts to get that tenant

[2:06:42] convicted that took a lot of time.

[2:06:45] And the home is being used as a residence,

[2:06:47] but there's also significant amount of now work

[2:06:50] and renovations that need to happen in that home

[2:06:53] due to previous tenants.

[2:06:56] The other item that was brought up a couple times

[2:06:59] was in chat, or sorry, discussion around the ASP and the MDP.

[2:07:05] We're not suggesting changing the intention of the area's structure plan, the area's structure

[2:07:10] plan guides planning in the area.

[2:07:14] We're not suggesting changing the land use for this.

[2:07:16] This is an agricultural general parcel.

[2:07:19] We are proposing a home-based business, which is, which is, again, it's an accessory

[2:07:24] use for the dwelling or their accessory buildings on the site.

[2:07:27] We're not changing the...

[2:07:30] For the land you sewn off this property.

[2:07:34] The MDP, as well as brought up, speaking towards dedicated

[2:07:39] growth areas. Again, this isn't a growth area, but we're not proposing growth. This is, again,

[2:07:46] a home-based business. It is a accessory use of the dwelling. I'll mention briefly, there

[2:07:52] was a petition mentioned, 400, some people signed up. I don't really want to get into this too far,

[2:07:57] But obviously, when you look at it, there's people from a lot of different places signing

[2:08:03] on there that don't seem to be incredibly tied to this particular area from Calgary, Toronto,

[2:08:12] there was international areas.

[2:08:15] So we move on from that.

[2:08:18] The other thing that, just again, it's a common theme that there's this idea that with

[2:08:23] approval is this now becomes an industrial parcel and an industrial facility is not wanted

[2:08:32] in this area. This is not an industrial large-scale operation that's being proposed. This is

[2:08:40] defined to a home-based business with very specific parameters that are assigned that are then

[2:08:47] enforced with very reasonable conditions. There are mechanisms in place. There we have

[2:08:53] compliance officers have gone to work with the previous lab here.

[2:09:00] There's reasons and there's mechanisms to keep that in place.

[2:09:05] It's easy to say that because this is concrete, the word,

[2:09:09] that there's a host of impacts and there are some impacts,

[2:09:12] but they're not to the scale that is I think being thrown around here.

[2:09:16] Again, we're talking about a single set of stairs that is being produced

[2:09:19] produced today and the impacts that come along with that.

[2:09:25] That's all we have to say here if if there's any other questions or we're happy to have to stick around.

[2:09:31] Thank you for your presentation, Mr. Omer.

[2:09:37] In seeing no further questions, I do have while you're standing one last question, sir.

[2:09:46] Do you use the appellant feel that you've had a fair opportunity to present your evidence to the board today?

[2:09:52] Through the chair, yes I do.

[2:09:53] Thank you sir. The board feels it has sufficient evidence to close this hearing. This hearing is now close and a written decision will be issued by email within 15 days.

[2:10:03] Thank you to everybody for your time and presentations today.

[2:10:16] With the hearing number one being closed, the board will now take a quick adjournment of roughly five minutes just to get administrative matters in order.

[2:10:26] And we'll reconvene at quarter after 11. Thank you.

[2:20:29] Subdivision and Development Peel Board hearing to order. My name is Bob Dorty and I will be presiding over today's hearing. Few housekeeping items. Please ensure that all phones are on silent.

[2:20:42] This hearing is live streamed in video recorded for the public. No recordings may take place except for the clicks recordings.

[2:20:49] For the benefit of all parties, please state your name before speaking. All questions and comments must be directed through me, the chair.

[2:20:57] presentations are to be respectful of all parties. And just as a pre-warning to all parties,

[2:21:05] given the length of the prior hearing, there is a threat that we may have to have a quick

[2:21:11] lunch break in the middle of this hearing. Depending on the length of the speaking and how

[2:21:16] we're doing, we'll address that with everyone trying to ensure everyone's comfortable.

[2:21:21] Will the clerk please introduce the appeal?

[2:21:26] Through the chair, today's appeal is an appeal against the development permits to

[2:21:32] sit development authorities decision to conditionally approve a development permit application

[2:21:37] for single-lot-regrading and placement of clean fill for construction of a berm commenced

[2:21:43] without permits.

[2:21:45] Located at four, Cody Range Way,

[2:21:48] lot six, block two, plan 95, 11789,

[2:21:52] Southeast 31, 25, to west of the fifth.

[2:21:57] Thank you very much.

[2:21:58] Members of this board are appointed by Rocky

[2:22:00] of you County's Council and are not employees of the county.

[2:22:04] The board functions as an independent tribunal.

[2:22:07] The board's mandate is to ensure

[2:22:08] that all parties receive a fair and impartial hearing.

[2:22:11] Report members, please introduce themselves beginning on my right.

[2:22:20] Terminator per me, member at Lodge.

[2:22:25] Pips the horror member at Lodge.

[2:22:33] Dustin Bunny, member of large.

[2:22:39] Why are we done member at large?

[2:22:41] Thank you. Does any board member have a conflict of interest to disclose?

[2:22:46] In seeing none to that end, does anyone affected by the appeal

[2:22:51] of any of these board members hearing and deciding the appeal?

[2:22:56] In seeing no objections, we can proceed. Before we proceed, does anyone have any preliminary matters the board should be aware of?

[2:23:04] In seeing none, we can carry on.

[2:23:08] In addition to the verbal evidence and submissions the board will hear today, the board

[2:23:12] has received materials in advance of today's hearing.

[2:23:16] To the clerk, can you please list these materials?

[2:23:19] Through the chair, the materials for today's hearing are the notice of appeal, the notice

[2:23:23] of hearing, the development authority report, the development authority presentation, letters

[2:23:29] in opposition of the appeal, and the applicant submission.

[2:23:34] Thank you. Materials marked as exhibits are used by the board to help make its decision.

[2:23:40] Are there any objections to the board accepting these materials as exhibits?

[2:23:46] In seeing no objection, the board will mark these materials as exhibits on the board's record.

[2:23:53] Does anyone in attendance plant present materials that are not on the exhibit list?

[2:24:00] In seeing none, we can proceed.

[2:24:04] The Board's process for the hearing is as follows.

[2:24:08] Presentations will be provided in the following order.

[2:24:11] First, we will hear from the development authority.

[2:24:13] Next, from the Appellants.

[2:24:15] Then, from anyone who is affected by the appeal.

[2:24:18] Those in support of the appeal will speak first.

[2:24:21] Followed by those in opposition of the appeal, starting with the applicant.

[2:24:25] The Appellant will have an opportunity to provide a rebuttal if one is so desired.

[2:24:30] The Board will ask questions throughout the hearing, following all presentations, the Board will

[2:24:36] recess to consider the evidence in private to determine if the board has enough information

[2:24:40] to close the hearing. Does anyone have any objections to the outline process?

[2:24:47] Seeing none may I please have the development authority present?

[2:25:00] Good morning, subdivision development appeal board, Arshiyah Kari, presenting on item B2,

[2:25:05] We have planning services.

[2:25:08] The subject site is located within Division 4, approximately 1.21 km south of Burma Road and 0.41 km west of 12 Malkuli Road, or also situated at the intersection of Cori Range way to the west and church ranches forward to the south.

[2:25:26] The subject site is located within Phase 2 of Cori Range Subdivision in Beersfall.

[2:25:32] These surrounding area consists of primarily of similar size country residential parcels as well.

[2:25:40] The development permit application was submitted as a result of an enforcement order and was received by the county on May 21, 2025.

[2:25:48] Stripping and grading activities are considered discretionary use in all land use districts and required development permit.

[2:25:53] under section 157 of the county's land use file law.

[2:25:58] The application proposed single lottery grading for the construction of a firm along the south and west property lines.

[2:26:06] The purpose of the firm was to address safety concerns and provide providing noise

[2:26:11] abatement for the residential parcel.

[2:26:15] At the time the application was submitted, the work had already been completed between April 11 and April

[2:26:22] 12 of 2025. As part of the work, the existing top-solid was stripped and stockpiled on the site,

[2:26:30] the existing soil was then redistributed towards the south and west portions of the site to create a

[2:26:36] berm. No additional film material was bought into the site and no hauling activities

[2:26:41] occurred other than the landscape contractor bringing in their equipment to carry the work.

[2:26:47] Once the grading was completed, the stockpile top-solve was then redistributed on the site

[2:26:53] and the disturbed areas and the berm was subsequently hydroceded.

[2:27:02] As the work had already been completed, prior to submission of the development permit application,

[2:27:06] pre and post grading plans were not available for review, historical subdivision grading plans,

[2:27:13] and as bill grading information for the subject site were also not available.

[2:27:17] As a result, administration was unable to establish the original site grades or assess

[2:27:23] restoration to the restoration of the site to its pre-construction condition.

[2:27:31] Given these circumstances, administration's review focus on whether the completed work could

[2:27:37] remain in place without creating adverse impacts to potential to the age-use and properties

[2:27:42] drainage patterns or municipal infrastructure.

[2:27:48] During the review, administration identified that the proposed BIRM encroaches into a registered

[2:27:53] utility right-of-way under instrument number 951172587 for which county is one of the listed

[2:28:01] grantees. To assess the potential impacts of the encroachment, administration requested a site

[2:28:07] specific implementation plan or an SSIP, which confirms that the BIRM would not result in

[2:28:12] adverse drainage impacts to the subject site or ages in parcel, and that the existing drainage

[2:28:17] function would be maintained.

[2:28:19] Administration also conducted multiple site inspections to verify the information provided,

[2:28:24] and no drainage concerns or impacts on adjacent properties, or any infrastructure were observed.

[2:28:32] The site inspections were conducted in October 2025 and in August of 2026.

[2:28:38] The photographs shown demonstrate the completed and vegetative berm, as well as the existing drainage ditch,

[2:28:44] located along the south and west side of the site.

[2:28:46] With the constructed berm located immediately adjacent to the ditch and within the utility right of way.

[2:28:59] The application was circulated to multiple internal and external agencies for review.

[2:29:04] Comments received were considered and conditions were included as applicable.

[2:29:08] The notice of decision was issued on July 14 of 2026,

[2:29:12] and in order for appeals subsequently received on August 4th of 2026.

[2:29:17] I mean, no additional letters of support or opposition were received during the circulation or

[2:29:23] appeal period at that time.

[2:29:27] Administration would also like to know that there is an error relating to the overland

[2:29:30] drainage right of way.

[2:29:32] So the subject property is not conditioned to the physical overland drainage right of way,

[2:29:37] requirements and is only affected by the utility right of way.

[2:29:42] So there is an encroachment to the utility right of way and not the overland drainage right

[2:29:45] And for the clarification, this can be found with a attachment C memorandum on page 51 of xb3.

[2:29:56] This correction is only clerical in nature and does not exist.

[2:30:00] Reveal support for the application. Administration is therefore also presenting a amended condition

[2:30:06] for board's consideration as identified in attachment B on page 11 of Exhibit3. Administration

[2:30:14] would like to request replacement of prior to release condition number 2 and 3, an addition of

[2:30:20] permanent condition number 5, as highlighted in red within attachment.

[2:30:33] Based on the technical review

[2:30:35] completed bad menstruation, the constructed berm is not anticipated to resolve in adverse

[2:30:39] drainage impacts to adjacent properties or municipal infrastructure. Accordingly, administration

[2:30:44] conditionally approved the development permit applications object to completion of all

[2:30:49] prior to release conditions. Should the board choose to approve the application,

[2:30:53] administration would suggest attachment B, amended conditions for approval.

[2:30:58] This concludes my presentation. We are available for any questions the board may have.

[2:31:02] Thank you. Thank you, Ms. Carrey, for your presentation. Does the board have any questions?

[2:31:07] Member Primi.

[2:31:10] So, the chair to you, Ms. Carrey. You mentioned that you don't have the

[2:31:16] original site creeds. There's a house that's on the property.

[2:31:21] Was the county not able to find any RPR's grading plans from the house to determine what the previous

[2:31:29] side crews were and where the current side crews are.

[2:31:33] Through the chair, there was a previous RPR for the House available. However, it did not have enough grades on the RPR for us to assess what the grades would have been where this program is situated and located.

[2:31:48] And what the localized grading points are, therefore it was not able, we were not able to find those grades.

[2:31:55] do we know the approximate height of the burn from the applicant or

[2:32:00] either by your view?

[2:32:02] Through the chair, yes, it is about 1.5 meters to 2 meters.

[2:32:07] There was an existing burn, and because we did not have any grades,

[2:32:13] as per the, as per the sections provided in the SSIP memo,

[2:32:17] we took the height to be about 1.5 to 2 meters at maximum.

[2:32:21] is it within the range of approved like I mean permitted berm heights?

[2:32:29] Through the chair we do not have permitted berm heights in the land use by law.

[2:32:35] We have fill heights, which restricts maximum of 1 meter,

[2:32:41] which restricts maximum of 1 meter,

[2:32:44] however it is over 1 meter, so a development permit would have anywhere being required.

[2:32:48] So then we consider like higher

[2:32:55] than what's required. So that means that they need a relaxation on this.

[2:33:00] So a chair, no. It wouldn't necessarily trigger relaxation.

[2:33:04] It would just, because stripping and grain is a discretionary use in all the land use districts.

[2:33:09] So it would, it would just, it would just need a development permit.

[2:33:14] Okay. Thank you.

[2:33:18] Thank you through the chair.

[2:33:22] So I might understand, I just want to clarify about the utility right of way, because that

[2:33:28] it remains still encroached upon.

[2:33:31] And if I understand you, you're saying that this prior to release is the real property report

[2:33:39] showing that there is a, the berm encroaches on the register to utility right of way.

[2:33:46] And then that if the utility right of ways required for road ditch maintenance or related municipal works,

[2:33:55] the landowner shall at their sole cost and expense remove the encroachment, et cetera, et cetera.

[2:34:00] Is that, that's what you were saying?

[2:34:03] To the chair, yes, that is exactly what we meant with the, when we introduced those changes.

[2:34:09] So, we would be approving, not approving, it would be subject to administration's review.

[2:34:18] But once the RPR is reviewed by administration, we would approve it with a caveat in the development permit.

[2:34:25] So, it runs with the land. So, at any time, it comes that the road is required for the expansion maintains over any other reasons.

[2:34:34] We have that caveat noted in the development permit.

[2:34:37] Okay, and just a follow up question through the chair if I may.

[2:34:41] So when I think of utilities, I think of water and electricity and all of those things

[2:34:46] is that included in that utility right of way?

[2:34:51] To the chair, yes, there are other grantees listed under that agreement,

[2:34:56] like I believe Rockview Water Co-op and other electrical utility providers.

[2:35:04] and however, and rocky with County as well, because due to the maintenance of the ditch running

[2:35:09] along the road. So yes, that is the utility right of way that is subject, that is for the

[2:35:16] all the utility providers for the subject side. Okay, and just one more. So and all those authorities

[2:35:23] are in agreement with this? Through a chair. So the file was circulated to all external agencies

[2:35:30] And any other, if the county, it was county's position that we did not want to amend the agreement.

[2:35:40] And we would be, we would be including that caveat in the development permit to address this encroachment.

[2:35:49] However, if other utility providers do want to proceed with amendment that would be between the landowner and those utility providers.

[2:35:57] It would need all the parties to sign off, however county did not choose to go that route.

[2:36:05] And why was that?

[2:36:10] Why did they choose to go the route they did?

[2:36:17] That

[2:36:21] would be a question for, I believe, we would have to look into it because it would just be if the other parties do choose to

[2:36:37] And then county could potentially take the position and include themselves in that agreement, however, that was the direction to receive from like other departments within the county as well.

[2:36:52] So we chose to just include it as a caveat at the moment.

[2:36:56] Okay. Thank you.

[2:36:59] Remember, primary

[2:37:06] through

[2:37:10] the chair, the SSIP, is it completed already, or is it a condition

[2:37:20] that it has to be submitted, because I do not see in the report here so.

[2:37:30] Through the chair to member Prämie, the SSIP was reviewed and approved by engineering.

[2:37:36] Thanks.

[2:37:42] Member Dunn.

[2:37:46] Through the chair.

[2:37:48] So just to be clear, under what conditions can a landowner normally build over a utility right

[2:37:54] of way? And can you build a berm, but not a building, or how does that work?

[2:38:02] To the chair, so usually our recommendations through our landowners as to stay away from any kind of vital ways or utility right of ways.

[2:38:10] And not change anything, the grades or any kind of construction, other than just minor work that goes into maintenance.

[2:38:18] However, this work was done prior and there was no information provided for pre, there was no pre-grading plans provided.

[2:38:33] It was just difficult for us to know what the restoration option would look like.

[2:38:39] And even though if somebody does want to build on a utility right of way, they would need to initially

[2:38:48] before starting the work, work would need to get in touch with all the grantees and granterer

[2:38:52] listed in that agreement and get approval and signed off. And once that is done, then they could

[2:38:57] probably proceed with the work. So if there was a problem since that's already passed,

[2:39:03] If there was a problem with any of the utilities, then who repairs and replaces them?

[2:39:09] Who's responsible to go in and find whatever is wrong and go back out again and who pays for that work?

[2:39:18] It would be the landowners, it would be at the landowners expense.

[2:39:22] Sure.

[2:39:24] Okay, thank you.

[2:39:31] If I could go back in exhibit three page nine, if possible.

[2:39:42] permanent condition number four,

[2:39:53] page 9-72 of your presentation, report,

[2:40:11] there we go.

[2:40:17] Yeah, permanent condition number three in this draft, that prior to release conditions

[2:40:24] have to be met by August 31st of this year, have all the conditions of, prior of release

[2:40:31] been met or has an extension agreement been executed.

[2:40:36] today being August 28th, 7th. The board's order won't come out prior to August 31st.

[2:40:48] To let sure that would be August 31st of 2027 next year. Okay, so we still have some time.

[2:40:54] Okay, thank you very much for that clarity. Any further questions from the board?

[2:41:01] In seeing none, you can be seated. Thank you.

[2:41:11] May I please have the appellant present?

[2:41:21] I just needed to turn the mic on, sir, and introduce yourself.

[2:41:27] Good morning.

[2:41:28] Through the chair, my name is George Coots, and I represent the Church Ranch as Homeowners Association.

[2:41:35] The construction of this berm was brought to the homeowner's attention on 9 April, 2025.

[2:41:44] And our main concern, our restrictive governance, where the individual homeowners are responsible,

[2:41:52] because it's on their title of the property that numbers 25, 26 and 29, state that,

[2:42:02] no boundary of all walls, no elevation of the lot shall be changed.

[2:42:06] No surface drainage system should be changed.

[2:42:09] So, on the 9th of April, 2025, the homeowner, Mr. Cadair, advised the homeowner's association,

[2:42:19] the burn was going to be erected.

[2:42:21] That same evening, I advised the homeowner that this needs to be approval of the homeowner's

[2:42:28] association and referenced the restrictive covenants.

[2:42:35] The homeowner advised that the earth-moving equipment would not affect trees, water, or animal

[2:42:42] traffic,

[2:42:44] requested to meet in the morning and apologize for not getting the approval.

[2:42:50] So, on the 16th of April, the homeowner advised that the earth works, I advise, sorry, I advise

[2:42:59] the homeowner that the earth works is not acceptable and it has not been approved.

[2:43:07] And we advised the homeowner that we would meet him that evening at 7pm.

[2:43:17] On the 10th of April, the homeowner advised that only a small portion of the earth would

[2:43:21] be removed.

[2:43:22] He advised that the neighbors are aware of it and said they are supportive of this firm.

[2:43:29] On the 11th of April, the homeowner advised that he had spoken to all the homeowner's

[2:43:33] except for two.

[2:43:38] And he would ask the homeowners association to send an email requesting that we ask them to confirm this, the homeowners.

[2:43:49] On the 12th of April,

[2:43:53] the committee, the homeowners committee, advised John that he needed to reread the restrictive covenants and understand them.

[2:44:04] And it's not the homeowner's responsibility to get the neighbors approval, it's the homeowner's responsibility.

[2:44:13] On the 14th of April of the same year, John advised that the topsoil would be added and he would prepare,

[2:44:20] he would propose trees to be planted, and he said that once the grass was grown, it would be natural,

[2:44:27] and he advised that his son Michael would collect the signatures of the homeowner's.

[2:44:37] On the 16th April, the berm was completed, and the homeowner Mr. Guerrero said that 29

[2:44:47] screws trees would be planted from 6 feet to 20 feet in length. On the 7th of May, I myself

[2:44:56] Thank the homeowner for the trees schematic.

[2:45:00] The signatures from the surrounding homeowners. On that same day, the homeowner Mr. Cadera said that he would try to get the signatures in 14 days.

[2:45:14] So on the 21st of May, I asked him about the signatures. And Mr. Cadera said that he had not heard anything about the signatures. He was relying on his son to do this.

[2:45:26] So, on the 20 second of April and 2026, I sent a letter to Mr. Cadair's son, the resident

[2:45:36] of the home, requesting that the signatures and be returned.

[2:45:42] And Mr. Cadair has said a formal esthetation at that station regarding the berm would

[2:45:48] be sent.

[2:45:50] and Mr. Kaderra sent an attestation stating that the homeowners had agreed no signatures and that's the conclusion of the presentation.

[2:46:02] But I would like to just add one thing.

[2:46:07] Quite often we get requests for developments within church branches and lots of times these requests go to Rockyview County prior to the homeowners.

[2:46:17] And we don't know if if if Rock of Yucca into your proof these are not so could we request that Rock of Yucca

[2:46:24] You put in there in their in their project approval to ask the question when these are submitted have the homeowners approve this

[2:46:36] This request

[2:46:38] Thank you

[2:46:39] Thank you sir. Thank you for your presentation just as a comment on your last point. It's not the board's position to write policy for Rock of Yucca

[2:46:46] You'd have to direct that through your area counselor.

[2:46:51] Thank you.

[2:46:51] Does the board have any questions for the presenter?

[2:46:55] Member Prämie.

[2:46:58] Through the chair.

[2:47:01] Mr. George, I just have a question.

[2:47:02] How does homeowner association enforcees if there's any changes like this that occurred in your neighborhood?

[2:47:10] And if the homeowner gets signatures, does that means the HOA is acceptable to that change?

[2:47:15] like I'm just trying to understand if the HOA follows any process in this regard.

[2:47:21] Yeah, through the chair, if the homeowner would have come to the homeowner's association

[2:47:27] first, we would have asked him to get the residents that are affected by this firm to get

[2:47:35] their approval.

[2:47:36] And if we received that approval in writing from the homeowner's, we would have then met

[2:47:43] with the homeowner and disgusted and possibly this berm would have been approved without any

[2:47:52] issue.

[2:47:53] Thank you.

[2:47:54] Thank you.

[2:47:54] Well, that answers the question.

[2:47:56] Thank you.

[2:47:58] Any further questions from the board?

[2:48:02] Seeing none, you can be seated, sir.

[2:48:03] Thank you.

[2:48:04] Thank you.

[2:48:09] At this time is there anyone in the audience who wishes to speak in support of the appeal?

[2:48:16] I am obligated to call this three times for a second call. Is there anyone in the audience who wishes to speak in support of the appeal?

[2:48:25] And for a third call, is there anyone in the audience who wishes to speak in support of the appeal?

[2:48:31] In seeing none, we can continue. May I please have the applicant present?

[2:48:45] Good morning, Chair and Board members. Good morning, Cordara.

[2:48:51] I appreciate the presentation by Mr. George Coots.

[2:48:56] I don't have too much to say and I'm aware of the time as well.

[2:49:01] I just want to give you a little bit of context as to kind of how this evolved my wife and I live in

[2:49:09] trenches approximately two minutes, five minute walk from this

[2:49:16] residents.

[2:49:19] And the residents had been unoccupied for a couple of

[2:49:23] years. We drive past it every day to get to our house. And if you're

[2:49:30] familiar with church transit, it's two to four acre parcels homes. And

[2:49:39] And this was always an eye sore, this house and a home depot bucket in the backyard.

[2:49:44] You could see everything exposed.

[2:49:47] And we thought wouldn't it be nice if someday somebody planted trees or did something?

[2:49:52] Anyway, the day came when it was actually put up for sale and a foreclosure type of estate sale

[2:49:58] and 48 hours to submit bids and our son, his wife and their three little kids were living

[2:50:06] in this small house.

[2:50:07] thought when this wonderful we have some means and so we purchased the house and the first thing

[2:50:14] we did was to we said you know if we can just increase the burn by about three feet and just to give

[2:50:20] you context we're not talking about a 20 foot burn we realized if we just increased it by about

[2:50:28] three feet then it actually blocks when you're driving on the road it blocks the view of the of the

[2:50:35] out of the backyard of the whole thing.

[2:50:38] And for security, for the children,

[2:50:40] because they're young children.

[2:50:42] And just aesthetics for people driving by.

[2:50:46] So the first thing we did, we contacted a depth landscaping.

[2:50:52] They came, and they said, yeah, what we can do,

[2:50:54] because you have a high point in the middle.

[2:50:55] We can push all the existing dirt and put it

[2:50:59] toward the inside of your property line by about three,

[2:51:03] about three feet.

[2:51:06] And, um, great. Let's do it. Um, I did call. Now, this is my complete mistake. I did call the planning department spoke someone I said I'm reading here that there's a meter. We've heard the meter thing mentioned. If we stay within like the meter, do we need a permit to push this dirt?

[2:51:32] The answer was kind of an answer, which now I understand, but I took that to mean we're okay.

[2:51:38] And the contractor said, you know, we'll be fine, so we did it.

[2:51:45] And then everything kind of happened from there, a law enforcement, a by-law officer,

[2:51:53] stopped by and asked if we had a permit, and I said, no, we don't have a permit.

[2:52:01] And that's where it is started.

[2:52:04] The only other thing I don't want to take the time to read, I prepared a letter, but I'm

[2:52:09] sure you've read it.

[2:52:14] The only other thing I would like to just read, because we've had a lot of, oh, sorry, contacting

[2:52:20] the neighbors.

[2:52:22] So I personally, I don't know any of the people there, but I personally contact.

[2:52:30] And it's two acre parcels, so it covers quite an area. The eight neighboring homes, which took quite a while, because they have gates, and, you know, like, people walking through the gates, so I had to drive by and wait until the gates were open. I had to walk in, knock on the door. Eventually, I managed to talk to all eight of them in person, myself. Wonderful people, and told them what was happening in case they were worried that it might be construction, and they were all in favor.

[2:52:59] this and that'd be great if you can create that berm. So everything seemed perfectly fine.

[2:53:07] I made the huge mistake of not notifying the church rancher's home or association. I apologize

[2:53:14] for that. I'm terrible at that. I've done that before when we put in our front gates in our

[2:53:20] own house. I didn't notify them and I then I learned I should have. Anyway, so then I said,

[2:53:27] Okay, well, they said, well, we want a signature from each of these eight, but my letter

[2:53:33] by the way says 11 neighbors, there's eight that I talked to.

[2:53:39] I think 11 is because 11 code your intro was one of the addresses, but I said, well,

[2:53:45] okay, I'll try and go back to them because if you want written signatures, I didn't think

[2:53:50] that that was required.

[2:53:53] I started to, and it was the first one, it was very uncomfortable.

[2:53:56] I had to again kind of go through until the gate was open, knock on their door.

[2:54:02] People in true trenches are kind of private oriented, so I said, I'm really sorry, but I'm supposed

[2:54:10] to get a signature, they were not like comfortable signing, I had a form that the HOA had

[2:54:15] given me, because we just typically don't like to just sign things and so I said, you know,

[2:54:22] I'm sorry, I don't want to disturb you. I'll take care of it.

[2:54:26] So then I learned that I could just do in that

[2:54:29] to the station where I swear that I have met with each of them.

[2:54:34] And I suggested to the HOA, if you send them a letter, just an email,

[2:54:39] because we get emails from the HOA all the time,

[2:54:41] lost keys, lost cat.

[2:54:44] If you can just send these 11, then the game, the addresses,

[2:54:47] just send these 11 individuals an email, just to confirm that I did meet with them,

[2:54:50] that they're okay with the burn and that would be a lot less intrusive and that's the story

[2:54:55] with that.

[2:54:58] That's all I got. Thank you. Thank you very much for your presentation, sir.

[2:55:03] Does the board have any questions for the presenter?

[2:55:08] In seeing none, you can be seated, sir. Thank you.

[2:55:18] At this time, is there anyone in the audience who wishes to speak in opposition to the appeal?

[2:55:26] Again, I am obligated to call this three times. For a second call, is there anyone in the audience who

[2:55:31] to speak in opposition to the appeal. And fourth, third call is there anyone in the audience who

[2:55:38] wishes to speak in opposition to the appeal. Seeing none, the board will now take a quick five minute

[2:55:45] recess to review submissions and determine if the board has any further questions. This recess will

[2:55:51] also give the appellant time to put together a rebuttal. A rebuttal can only be in direct response

[2:55:56] to the submissions made as part of today's hearing is five minutes sufficient time to prepare

[2:56:06] a rebuttal. The Board will now take a quick five minute recess and reconvening that roughly

[2:56:12] five minutes past 12. Thank you.

[3:03:40] The Board does not have any further questions at this time, and we will proceed to the

[3:03:44] rebuttal. Now is the time for the Appellan s rebuttal. Please remember that the rebuttal can only

[3:03:50] be in direct response to submissions made as part of the hearing and cannot introduce any new evidence.

[3:04:04] Through the chair, I just want to put on record. Again, my name is George Coots. I just want to put on record

[3:04:09] that the homeowner's association is not against his firm.

[3:04:14] What we're against is not following the restrictive governance that are on the title

[3:04:21] of the property, and also that the homeowner has stated that he would plant trees and maintain

[3:04:28] the firm and we request that be done.

[3:04:31] That's all I have.

[3:04:32] Thank you.

[3:04:33] Thank you, sir.

[3:04:35] Any further questions from the board?

[3:04:39] In seeing none, can I please have the

[3:04:42] appellant come forward for one last question?

[3:04:50] Thank you, sir.

[3:04:51] Do you as the appellant feel that you have had a fair

[3:04:53] opportunity to present your evidence to the board today?

[3:04:56] Yes, sir.

[3:04:57] Just need the mic to be turned on.

[3:05:00] Through the gerious, sir.

[3:05:01] Thank you very much, sir.

[3:05:04] The board feels it has sufficient evidence

[3:05:05] to close this hearing.

[3:05:07] The hearing is now close and a written decision

[3:05:08] will be issued within 15 days.

[3:05:10] Thank you to everyone for your time.

[3:05:12] and patients.

Rocky View County, AB (Canada) meeting

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