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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.

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A few housekeeping items, please ensure that all cell phones are on silent.

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

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For the benefit of all parties, please state your name before you start speaking.

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All questions and comments must be directed through me, the chair.

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Presentations are to be respectful of all parties.

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Will the clerk please introduce the appeal?

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Through the chair, today's appeal is the continuation of the appeal against the development

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authorities decision to refuse a development permit application for a home-based business

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type 2 for a concrete pre-cast staircase manufacturing business.

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Okay to add 280 60 Township Road 254, lot to Block 1, Plan 0311727, Southeast 252528 West of

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the Fourth.

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Thank you.

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Members of this board are appointed by Rockyview County's Council and not are not employees

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of the county.

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The Board functions as an independent tribunal.

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The Board's mandate is to ensure that all parties receive a fair and impartial hearing.

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Well, Board members please introduce themselves beginning on my right.

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I'm under a penny, member at large.

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Pip Farrah, member at large.

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Dustin Bunny, member at large.

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Boy, we done member at large.

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Thank you.

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Does any Board member have a conflict of interest to disclose?

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

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

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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.

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To the clerk, can you please list the materials?

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Through the chair, the materials are as follows.

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Exhibit 1 is the Notice of Appeal.

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Exhibit 2 is the Notice of Hearing for August 6,

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2026. Exhibit 3 is the Appellan Adjerman request.

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Exhibit 4 are submissions in opposition to the Appellan Adjerman request.

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Exhibit 5 is the Notice of Hearing for August 27,

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2026. Exhibit 6 is the Development Authority's Report.

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Exhibit 7 is the development authority presentation. Exhibit 8 are submissions in opposition to the appeal.

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Subit 9 are additional submissions in opposition to the appeal, and Exhibit 10 is the appellant submission.

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Thank you. Materials marked as exhibits are used by the Board to help make its decision.

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Are there any objections to the Board accepting these materials as exhibits?

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See no objections, the board will mark these materials as a-

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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.

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Through the chair, the clerks have received additional exhibits, additional submissions in opposition to the appeal.

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Thank you, do you have copies of this available?

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Yes.

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Could we please circulate those to all affected parties and we'll have a review of them?

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Is it one individual exhibit or is there more than one?

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Through the chair, there is more than one submission as part of this exhibit.

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Okay, thank you.

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Given the extent of the exhibit package that's been presented here,

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The board will now take a quick 10 minute recess to allow everyone to have an opportunity

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to review this document before we carry on further.

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So we'll reconvene that roughly 20 minutes past 9.

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Thank you.

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I call this subdivision in development field board hearing back to order.

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Does anyone intendons have any objections to the board accepting these materials as exhibits?

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In seeing no objections, the board has reviewed the documents and has decided to accept them.

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Will the clerk please mark this last presentation as exhibit 11?

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Thank

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

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First we will hear from the development authority. Next from the appellant, who is the applicant for this file,

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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.

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The appellant will have the opportunity to provide a rebuttal if one is so desired.

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The board will ask questions throughout the hearing, following all presentations the board

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will recess to consider the evidence in private, due to determine if the board has enough

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information to close the hearing.

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Does anyone in attendance have any objections to the outline process?

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In seeing none may I please have the development authority present?

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Good

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morning subdivision development appeal board, Archie Akari, presenting item B1 on behalf

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of planning services.

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The subject side is located with the Division 5 approximately 0.41 kilometers west.

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If I could just maybe get the mic a little bit closer so we can add a little bit better

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volume.

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So Perna?

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Yeah, thank you.

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The subject side is located with the Division 5, approximately 0.41 kilometers west

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of Highway 791 or Range Road 280 and directly north of Highway 564 or Township Road 254.

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The site is also located directly across the Hamlet of Delacore, the parcels currently

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zone does agriculture general and is surrounded by agricultural general parcels to the north,

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south and west, and to the east across Range Road 280.

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There are country residential parcels with Delacore, of course located directly southeast.

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The application was the result of an enforcement complaint received in January of 2026.

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A Home Business Business Type II application was subsequently submitted on February 2026.

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

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The business would operate from an existing access rebuilding, which was originally constructed as an indoor writing arena.

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The building has a footprint of approximately 757.86 square meters and would be used for manufacturing

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process, including mixing and pouring concrete into molds to produce precast concrete

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staircases and other related concrete products.

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The proposed business area would also include approximately 400 square meters of outside storage

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area, located just east of the accessory building. This area would have a gravel base and would

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be used to store business related equipment, vehicles, materials, and trucks.

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It's a

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parade parking area is also been proposed for employee parking and other business related

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parking with five parking stalls identified on the side plan right next to the accessory building.

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The proposed operation includes one commercial vehicle store on site, six employees in total,

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including four residents and two non-residents, and approximately eight business related

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with its per day as per the application package.

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The business is proposed to operate Monday to Friday 9 to 5 p.m.

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Exciting inspection was conducted on May 22, 2026, and the photographs on the slide provided

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overview of the existing conditions of the site.

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The site is accessed from Highway 564 through an existing approach,

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which leads to an internal driveway extending towards the rear of the parcel.

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The accessory building and proposed outside storage area

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located at the very end of the driveway.

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The application was reviewed against all applicable policy framework,

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including the Municipal Development Plan,

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90s by law, a Delacore area structure plan and Delacore Country Village Conceptual scheme.

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The intent of the Agriculture General District is to support and preserve agricultural activities

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while allowing for compatible residential and andcillary uses.

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Although a home business type 2 is a...

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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.

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

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while the application generally meets the line-use value requirements related to hours of operation,

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vehicle visits, and employee limits as mentioned in the application form. The nature of the proposed

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use involves a dedicated manufacturing area, outside storage, material handling, and commercial

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activity that associated with the manufacturing business, and collectively these elements represent

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level of intensity that is greater than what is typically anticipated for a home business

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type 2 in an agriculture district. Under the ASP, the site is located within agriculture

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transition area, which is intended to support development that respects these surrounding agriculture

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and rural character of Delcor. It is administration's opinion that the proposed business does

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not align with this intent.

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It does not directly support agricultural activities

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or provide a local service to the community of Delta Core.

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The proposed users, the proposed business

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may make sure using packs such as increased

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commercial activity, dust noise that may not be compatible

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with the low-intensity rural character

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envisioned for this area.

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The scale, the nature, the area of the business

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are more consistent with the manufacturing use that would typically be accommodated with the

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business commercial or industrial and use district. Therefore, administration has refused

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the application.

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During the application review process, administration received two letters

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of objection. The first letter was signed by about 15 surrounding landowners, and the second

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letter was sent separately by the canological of course. The total number of properties at that time

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at that stage of applications remains of 15.

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And this map shows the location of the landowners that were opposed within the 1600 meter radius and around it.

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And here it shows that at as a much larger scale outside of the 1600 meter radius.

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The application was also circulated to various internal and external departments for review.

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The comments received have been incorporated where applicable within attachment A, which outlines

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the alternative conditions of approval should the board determine that the application be supported.

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That concludes with our presentation and we are available for any questions you may have. Thank you.

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Thank you, Ms. Carrey, for your presentation. If we could just pot back quickly to that map

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showing the letters of opposition,

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you mentioned in your presentation that you have 15 letters in

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opposition. Your map only lists 13 there. If I am counting correctly.

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Just wondering where

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the other two might have been located.

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So I would have to check that on the letter. Okay, we can come back to that. Yeah,

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we can come back to that at a later date. Does the board have any questions for the

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development authority at this time?

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You did mention in your presentation that this file has

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and administered through an enforcement complaint.

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Can you tell us anything about the nature

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of the enforcement complaint and what we're dealing with here?

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To the board, if I may differ that to enforcement services?

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Absolutely.

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Good morning, Chair, and board members.

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My name is Kristen Tafe.

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I am representing enforcement services.

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The original complaint for this matter was about trucks

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coming to and from the lands.

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There's concerned that there was a business operating.

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

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It was not associated with the business at that time.

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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.

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And then through their discussions with the officer, they discussed that they were intending

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to use it for a business, and at that time the officer directed the Aland owner to discuss

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the matter with finding an environment.

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Thank you.

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So just for clarity, Ms. Tufts, the concrete trucks that were on site were pouring a foundation

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or something related to a building.

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Through the chair that is correct, it was for the building itself and not for an active

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business on the property.

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Thank you. Was there a building permit associated with this particular

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floor? To which are not recently, there were previous building permits as

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associated with the writing arena or accessory buildings but not for this

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business. Can you clarify for what was actually being built back

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to enforcement

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services, I believe. Through the chair, yes. So there was an existing structure and the concrete

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was to pour a foundation for the structure. So the structure existed and it was simply to pour

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the foundation for that structure. Okay, thank you. Thank you very much. Any further questions from

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the board? Member Farrah. Thank you. Thank you. Through the chair, Delico Community has an area structure

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plan on my correct and that was reviewed. Can you tell me what that structure plan says about water

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for buildings and businesses and is there any, any, you know, where do they get their water from?

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To share the, there is a class within the agricultural transition area that does talk about water

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services and which is through wells and these objects I does have a, have a well I believe it is

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commission though but nothing in detail for how the business needs to be

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service for in terms of water. That would apply at the land use redesignation on

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those kind of applications to each other. Okay so it doesn't have to have pipe

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water or anything like that just a well. It doesn't specifically state that it

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is a very old area structure plan so definitely the standards have been changed

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and update and provide.

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Which we depend at the time of application, when it is being reviewed.

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Okay, thank you.

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Member Permie.

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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.

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

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through memory, dirty, to memory-premise.

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As Ms. Karis said, Homeby's business is a discretionary use

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in the land use by law, so first and foremost,

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we do take into account the purpose and intent of the district.

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As was described, this is an agricultural district

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with the primary intent for agricultural purposes.

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Any discretionary uses, then, are on evaluation

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in terms of how it is ancillary to the primary intent of the district and the primary operation

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on the parcel. So, it's administration's position that are industrial nature business, such

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as a free-cut concrete for stairs is not ancillary to the agricultural use. It does not meet the

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intent of the agricultural district, and it is not a secondary to the activities on the parcel.

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Based upon the application, the numbers and the visits that were outlined, we believe most likely

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will be more, based upon some of our experiences of this business and some of the existing

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complaints already in the area.

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So just taking to account the entire nature of the business, the intent of the district,

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what a home-based business as a discretionary use is intended to serve in an agricultural

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district.

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this type of business is not appropriate in an agricultural area.

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Thank you. Just to follow up to Mr. Revello,

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you didn't mention in the presentation that the application

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meets the land use by law requirements.

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So does that mean is it the number of visits that you look at?

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I'm just trying to understand what exactly that you guys look at

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that you said that it meets the requirement,

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but now you say it's not appropriate business for a

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

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differences between a permitted and a discretionary use. So a upmitted use in the land use

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by law is that if it meets the rules of regulations, we as the criminal authority are obligated to

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

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regulations of the land use pile-o while there are still some doubts that the application

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00:32:55,720 --> 00:33:03,780
as proposed will operate as it will. It's our role in responsibility to review the context and

230
00:33:03,780 --> 00:33:09,340
to get the compatibility of that business. So the county's land use pile-o as you know is

231
00:33:09,340 --> 00:33:14,560
very large. It serves over a million acres of land and so we do have a home-based business use

232
00:33:14,560 --> 00:33:20,540
but we do need to then ensure that that proposed home-based business use and the intent and the

233
00:33:20,540 --> 00:33:25,980
operations are compatible and complementary to the area that it is being actually proposed

234
00:33:25,980 --> 00:33:32,040
in and the district. So we do use that discretionary lens to evaluate the nature of the

235
00:33:32,040 --> 00:33:37,360
application with the area that it has been proposed. And it is like our position that not

236
00:33:37,360 --> 00:33:42,780
good standing the application on paper meets the rules and regulations of a home base business,

237
00:33:43,140 --> 00:33:48,540
the intent of the district and the nature of the operation is not compatible and not complementary

238
00:33:48,540 --> 00:33:50,560
with the area. Thank you for that.

239
00:33:53,260 --> 00:33:56,220
Thank you any further questions from the board at this time.

240
00:33:59,640 --> 00:34:00,500
Remember done.

241
00:34:02,530 --> 00:34:08,610
Thank you through the chair. Just to confirm there is a well but it's been decommissioned

242
00:34:08,610 --> 00:34:15,130
so there's no water. Is there anybody living there and is there any business operating right now?

243
00:34:16,730 --> 00:34:22,470
Through the chair, that information was not providing the application. The application

244
00:34:22,470 --> 00:34:29,290
mentioned that there are four resident employees who would be living on this site. However,

245
00:34:29,510 --> 00:34:36,030
no information was provided on how the water would be from where the water would be used for the proposed business.

246
00:34:37,710 --> 00:34:42,190
So at the moment we think that four people are living there and there is no well.

247
00:34:42,710 --> 00:34:49,850
There is a well situated on the parcel, the status shows as decommissioned. So we're not sure if it is active

248
00:34:49,850 --> 00:34:55,590
or not, but yes, there is residential occupancy as per the application package.

249
00:34:56,930 --> 00:34:57,970
Thank you.

250
00:35:02,240 --> 00:35:04,340
Any further questions from the board?

251
00:35:05,580 --> 00:35:07,740
Seeing none, thank you very much for your presentation.

252
00:35:12,060 --> 00:35:14,520
May I please have the appellant present?

253
00:35:58,410 --> 00:35:59,890
Good morning, Chair, members of the board.

254
00:36:00,330 --> 00:36:01,410
My name is Andrew Ulmer.

255
00:36:01,570 --> 00:36:02,670
I'm a third on consultants.

256
00:36:03,150 --> 00:36:07,030
We are the applicant and the appellant on the file representing the landowners.

257
00:36:07,990 --> 00:36:13,770
For a home-based business application for a pre-cast concrete manufacturing company,

258
00:36:19,420 --> 00:36:21,640
our presentation should be pretty straightforward today.

259
00:36:22,100 --> 00:36:25,860
What we'd like to do is give you a little bit of context on the property itself.

260
00:36:26,600 --> 00:36:29,760
Go through the business that is being proposed.

261
00:36:30,280 --> 00:36:36,360
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.

262
00:36:36,360 --> 00:36:41,580
And then I'd like to go through the development authorities' reasons for refusal.

263
00:36:41,660 --> 00:36:44,980
It's really centered on three made items that we just heard.

264
00:36:45,600 --> 00:36:48,220
And then respond to each one of those reasons.

265
00:36:49,060 --> 00:36:51,660
And we'll do that by looking at the land use bylaws,

266
00:36:51,840 --> 00:36:53,060
or relates to home-based businesses.

267
00:36:53,900 --> 00:36:56,300
Look at some comparable approved businesses.

268
00:36:57,560 --> 00:37:00,320
And then look at the characteristics of the business itself.

269
00:37:01,980 --> 00:37:05,400
At the end of this presentation, our ask to the board would be that

270
00:37:05,400 --> 00:37:11,020
this is refused or sorry this the refusal is overturned the development permit is approved

271
00:37:11,840 --> 00:37:17,740
based on on three main central ideas that we have and that's that this business is in alignment

272
00:37:17,740 --> 00:37:23,200
with a type two home base business framework as outlined by Rockyview County this is compatible

273
00:37:23,200 --> 00:37:28,440
in an agricultural area when you look at again the care characteristics of the business

274
00:37:30,660 --> 00:37:40,560
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.

275
00:37:44,700 --> 00:37:58,000
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.

276
00:37:58,000 --> 00:38:04,120
the fact that an industrial, commercial, and district would be more suitable as a location.

277
00:38:05,800 --> 00:38:10,260
And administration also suggests that there's undue interference and material interference

278
00:38:10,260 --> 00:38:11,700
with the surrounding community.

279
00:38:13,820 --> 00:38:16,920
How I'd like to address each of those points is with a question.

280
00:38:17,260 --> 00:38:21,380
If we can answer this question throughout this presentation, I think that satisfies this

281
00:38:21,380 --> 00:38:21,820
refusal.

282
00:38:21,820 --> 00:38:25,500
So the first question is, is this proposed operation

283
00:38:25,500 --> 00:38:29,440
doesn't match what a home-based business type 2

284
00:38:29,440 --> 00:38:31,300
is required to be in an agricultural district?

285
00:38:32,040 --> 00:38:34,660
Is a business commercial industrial district

286
00:38:34,660 --> 00:38:36,440
more suitable for this?

287
00:38:36,780 --> 00:38:38,920
And will it cause undue or material interference

288
00:38:38,920 --> 00:38:40,220
with neighboring properties?

289
00:38:41,160 --> 00:38:42,960
Before we start answering those questions,

290
00:38:43,080 --> 00:38:45,040
so as I mentioned, I want to give a little bit of contact

291
00:38:45,040 --> 00:38:46,220
to the property itself.

292
00:38:47,300 --> 00:38:50,860
This subject parcel is just outside the area of Delicore.

293
00:38:50,860 --> 00:38:58,260
It is just on the north side of Highway 564, Township Road 254, it is 13 acres in size, it is

294
00:38:58,260 --> 00:39:01,340
an agricultural general land use.

295
00:39:01,640 --> 00:39:03,960
It does have an existing residence on it.

296
00:39:04,020 --> 00:39:08,200
It is serviced by two different wells, one is decommissioned, one is fully operational.

297
00:39:09,380 --> 00:39:14,780
There are several accessory buildings mostly agricultural in nature that exist on this

298
00:39:14,780 --> 00:39:15,880
parcel as well.

299
00:39:18,720 --> 00:39:21,900
These are just a couple of aerial folders I wanted to show you to give some more context.

300
00:39:21,900 --> 00:39:29,140
This is looking south from the north end, you can see Highway 5-64 running across the photo there.

301
00:39:29,560 --> 00:39:33,400
The main building you can see is going to be the building of discussion today.

302
00:39:33,840 --> 00:39:37,280
That is where is being proposed for most of the business operations.

303
00:39:39,220 --> 00:39:40,440
This is looking north.

304
00:39:41,220 --> 00:39:44,280
5-64 is cut off from the photo down down below.

305
00:39:45,120 --> 00:39:48,940
The residence is right up there front in the front of the property.

306
00:39:50,180 --> 00:39:52,680
And it is right off 564.

307
00:39:55,950 --> 00:39:56,750
Sorry about that.

308
00:39:57,770 --> 00:40:01,570
This is a site plan that was submitted as part of the application.

309
00:40:02,750 --> 00:40:07,010
What I want to sort of point out here is the defined business areas

310
00:40:07,590 --> 00:40:09,250
that were applied for here.

311
00:40:09,690 --> 00:40:12,290
Again, it's the writing arena that was discussed.

312
00:40:12,730 --> 00:40:14,530
That is up in the northern portion.

313
00:40:15,010 --> 00:40:16,830
That's been there for some time.

314
00:40:16,830 --> 00:40:24,830
There was, quickly I'll just address there was mention of compliance issue, that was for a slab,

315
00:40:24,990 --> 00:40:28,250
just a floating slab that was poured for that writing arena.

316
00:40:29,150 --> 00:40:33,630
The owners didn't go through the process of applying getting a building permit just based on,

317
00:40:33,690 --> 00:40:38,870
not knowing the process, but that is what the country trucks coming in and out were doing.

318
00:40:39,350 --> 00:40:40,550
That's how it's completed now.

319
00:40:41,470 --> 00:40:46,290
That is the writing arena and then just to the east of it, you can see sort of that gray black square.

320
00:40:46,290 --> 00:40:53,330
that is the defined and proposed outdoor storage area. It's 20 meters by 20 meters, the rest

321
00:40:53,330 --> 00:40:58,290
of the site is going to continue to operate as it is. It uses its existing use the remaining

322
00:40:58,290 --> 00:41:05,370
13 acres. That is residential in nature and small agricultural. There's cultural buildings,

323
00:41:05,650 --> 00:41:11,530
there's fence areas, pens, that type of thing. The site is, does host large amount of trees,

324
00:41:11,530 --> 00:41:18,150
shrubs, there's a fence surrounding the proposed business areas as well that provides a good

325
00:41:18,150 --> 00:41:23,690
amount of screening. The residential home is not part of this business, we'll not be used for

326
00:41:23,690 --> 00:41:24,150
the business.

327
00:41:26,370 --> 00:41:33,110
Here is a photo of inside the writing arena with that freshly poured slab. This is

328
00:41:33,110 --> 00:41:39,670
where the majority of the business operations are going to take place. This is where the raw materials

329
00:41:39,670 --> 00:41:44,790
will be stored, the aggregate, the sand, the cement. This is where the actual mixing and the

330
00:41:44,790 --> 00:41:49,330
pouring will happen. It will get poured into forms for those staircases. It will be set

331
00:41:49,330 --> 00:41:53,950
there. It will appear and then it will be moved out into the outdoor storage area where it

332
00:41:53,950 --> 00:42:03,070
will be stored and then staged for pick up from trucks. I want to be clear that outdoor storage area,

333
00:42:03,130 --> 00:42:08,250
that is the only intended use for it. It is for that final product to be placed there,

334
00:42:08,250 --> 00:42:14,030
stage ready for pickup. The interior of this writing greener there is we're not talking

335
00:42:14,030 --> 00:42:19,390
about a concrete plant, we're not talking about crushing concrete, it's not a batching plant,

336
00:42:19,530 --> 00:42:27,090
it's not a cement plant, this is a facility to support producing one set of staircases a day

337
00:42:27,090 --> 00:42:34,390
or four to five a week and to be brought out one a day out to a job site. There's a stationary

338
00:42:34,390 --> 00:42:39,050
mixing barrel that gets used for the concrete. That's how it's mixed. Everything is indoors and

339
00:42:39,050 --> 00:42:47,000
contained here. Some of the actual details of the business. Again, it's within that writing arena.

340
00:42:47,420 --> 00:42:54,960
It's during weekday, weekday is only week, and daytime hours from 9 a.m. to 5 p.m. We've applied for

341
00:42:54,960 --> 00:43:01,960
6 to 8 total site visits. Within those only one of those is actually supposed to be a commercial

342
00:43:01,960 --> 00:43:09,140
vehicle visit, the rest are employees coming going or various business type of trips.

343
00:43:10,160 --> 00:43:16,500
The one commercial vehicle, again, is a flat deck, probably with a boom to pick up those

344
00:43:16,500 --> 00:43:21,580
staircase that place them in transport. There's no cement mixers coming on. There's not

345
00:43:21,580 --> 00:43:25,560
eight cement mixers coming going every single day to mix the concrete in place anywhere.

346
00:43:26,260 --> 00:43:31,420
The mixing happens inside the arena. The one commercial vehicle is simply to transport the

347
00:43:31,420 --> 00:43:33,280
completed product to a job site.

348
00:43:36,530 --> 00:43:38,430
Ultimately, this is what you get at the end of it

349
00:43:38,430 --> 00:43:40,330
is a set of precast steps.

350
00:43:41,270 --> 00:43:42,650
This is what the business is.

351
00:43:43,130 --> 00:43:45,090
There was other concrete products mentioned.

352
00:43:45,390 --> 00:43:46,770
The only other thing they really produce

353
00:43:46,770 --> 00:43:48,250
is a window well.

354
00:43:48,750 --> 00:43:50,970
Again, it's smaller than what's shown there.

355
00:43:51,930 --> 00:43:54,410
But this is what comes at the end of the day.

356
00:43:55,470 --> 00:43:57,110
It's limited commercial traffic

357
00:43:57,110 --> 00:43:59,790
as what is being proposed to your one pickup a day.

358
00:43:59,850 --> 00:44:01,670
This is only in the daytime, and everything

359
00:44:01,670 --> 00:44:05,410
is happening for the most part indoors other than the staging and story of material.

360
00:44:07,010 --> 00:44:12,130
This is just a photo of the final home for these pre-gas steps showing up on construction

361
00:44:12,130 --> 00:44:14,450
sites that usually for residential homes.

362
00:44:16,370 --> 00:44:19,450
Now that we've sort of established kind of what the business is, how is operating,

363
00:44:21,570 --> 00:44:22,030
I want

364
00:44:22,030 --> 00:44:29,730
to now look at the question of what we've just outlined and proposed, does that fit within

365
00:44:29,730 --> 00:44:32,130
the home-based business framework.

366
00:44:32,810 --> 00:44:34,230
So the question I posed early is,

367
00:44:34,230 --> 00:44:36,390
is this proposed operation appropriate as a type

368
00:44:36,390 --> 00:44:39,250
to home-based business in the agricultural district?

369
00:44:39,690 --> 00:44:41,510
So we talked about some of those,

370
00:44:41,550 --> 00:44:43,210
date, those business operations.

371
00:44:44,470 --> 00:44:48,130
When we compare that to what the actual land use by law says,

372
00:44:48,970 --> 00:44:51,250
this is just a comparison back and forth business

373
00:44:51,250 --> 00:44:53,930
related visits up to eight to eight

374
00:44:53,930 --> 00:44:55,870
specifically for agriculture districts.

375
00:44:55,910 --> 00:44:58,230
You're allowed more in an agricultural district

376
00:44:58,230 --> 00:44:58,790
then you would enough.

377
00:45:00,000 --> 00:45:17,020
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.

378
00:45:18,280 --> 00:45:28,920
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.

379
00:45:28,920 --> 00:45:31,920
If the existing one isn't, you know,

380
00:45:33,000 --> 00:45:35,960
isn't aesthetically enough pleasing, then the landowners

381
00:45:35,960 --> 00:45:39,900
are more than happy to support reasonable conditions to upgrade.

382
00:45:40,320 --> 00:45:42,860
Fencing or other measures for screening on the property.

383
00:45:43,760 --> 00:45:46,760
Location of operations, yet this utilizes a dwelling,

384
00:45:47,400 --> 00:45:48,520
or sorry, an accessory building.

385
00:45:49,020 --> 00:45:51,220
Again, this building is existing on the site already.

386
00:45:51,660 --> 00:45:54,580
Nothing new is being constructed for this business.

387
00:45:56,460 --> 00:46:02,140
Just to touch as well, as it was mentioned in administration's presentation there, this

388
00:46:02,140 --> 00:46:10,080
home-based business is, as it's defined in the land use file, it's not accessory to the district to agriculture of general.

389
00:46:10,140 --> 00:46:16,960
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.

390
00:46:17,180 --> 00:46:20,680
It's not related to the actual land use of the property.

391
00:46:21,860 --> 00:46:26,620
So we've established that this does fit squarely within the home-based business framework.

392
00:46:27,440 --> 00:46:34,680
The next part of that question that I posed was that is it compatible with an agricultural

393
00:46:34,680 --> 00:46:35,400
area?

394
00:46:36,800 --> 00:46:42,340
We're not here to suggest or tell the board that this is an agricultural business, it's not.

395
00:46:43,140 --> 00:46:46,020
But that doesn't mean it doesn't have to be compatible with an area.

396
00:46:46,020 --> 00:46:54,960
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.

397
00:46:55,620 --> 00:47:06,940
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.

398
00:47:07,520 --> 00:47:14,150
They can function the same way, and without this business impacting it.

399
00:47:16,950 --> 00:47:27,930
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.

400
00:47:29,770 --> 00:47:42,630
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.

401
00:47:42,630 --> 00:47:48,190
I know it's quite kind of small but that yellow dot is our proposed application the red dots are

402
00:47:48,190 --> 00:47:57,130
other recently approved. This is a list. This is the list that correlates with that map. I

403
00:47:57,130 --> 00:48:02,770
know so it's quite small up on the screen there but these are all home-based businesses again the majority

404
00:48:02,770 --> 00:48:08,090
of them are on agricultural parcels. The one highlight in yellow in fact is specifically a

405
00:48:08,090 --> 00:48:10,610
concrete and would instair manufacturing business.

406
00:48:12,270 --> 00:48:18,350
We're not here to suggest that we are identical to all of these businesses, but what

407
00:48:18,350 --> 00:48:22,110
we're trying to demonstrate here is that there's a broad range of different businesses

408
00:48:22,110 --> 00:48:28,230
of varying levels of intensity that county has reviewed and deemed fit within an agricultural

409
00:48:28,230 --> 00:48:28,750
area.

410
00:48:29,350 --> 00:48:35,070
These are a few comparables that we pulled up just to have a closer look at, plumbing the

411
00:48:35,070 --> 00:48:38,130
meeting company that has seven non-residents employees.

412
00:48:38,450 --> 00:48:41,170
That's a large relaxation to the two that's allowed.

413
00:48:41,370 --> 00:48:43,890
Max at eight visits a day, and again,

414
00:48:43,970 --> 00:48:44,730
those could be commercial.

415
00:48:45,010 --> 00:48:45,830
Those could be smaller vehicles.

416
00:48:46,010 --> 00:48:48,270
We don't know the limits in business.

417
00:48:48,850 --> 00:48:50,410
Again, four non-residential employees.

418
00:48:50,630 --> 00:48:51,970
There's a relaxation there.

419
00:48:52,290 --> 00:48:55,950
Max out at eight visits a day, 400 meters screened.

420
00:48:55,970 --> 00:48:57,350
Just within these few that we pulled.

421
00:48:57,650 --> 00:49:00,070
Again, there's three different concrete-style companies.

422
00:49:01,150 --> 00:49:03,450
And again, that concrete-steer manufacturing company

423
00:49:03,450 --> 00:49:04,370
that's also been approved.

424
00:49:04,370 --> 00:49:09,330
Again, this isn't a case of just because they've been approved, this application should be approved.

425
00:49:09,990 --> 00:49:15,290
But again, it's identifying that, you know, this isn't the first time this has happened.

426
00:49:15,530 --> 00:49:22,170
And in other cases, county has decided that these businesses do fit within an agricultural area,

427
00:49:22,170 --> 00:49:25,890
or they can be compatible and work together.

428
00:49:29,760 --> 00:49:36,160
So moving on to the next question is, is this business commercial industrial district a more suitable area?

429
00:49:36,160 --> 00:49:44,800
So, I think the question here as well is just because this might work in an industrial district

430
00:49:44,800 --> 00:49:50,340
doesn't mean that it's not appropriate for a home-based business as well.

431
00:49:51,380 --> 00:50:00,000
The land use by law for these home-based businesses specifically speaks to an accessory used

432
00:50:00,000 --> 00:50:05,880
to a dwelling or an accessory building, which is what's being applied for here and what

433
00:50:05,880 --> 00:50:12,200
trying to get approval for. This allows somebody to live on the property, utilize their property,

434
00:50:12,340 --> 00:50:19,060
use existing buildings on the land to make a living. And that's what's being applied for here today.

435
00:50:19,940 --> 00:50:26,060
Again, it's using an existing building. There's no retail or customer component to this.

436
00:50:26,160 --> 00:50:30,500
They don't need to be in an in a commercial district. They don't need that kind of size of space.

437
00:50:30,560 --> 00:50:35,380
They don't need those type of facilities that those districts allow. There's very little traffic

438
00:50:35,380 --> 00:50:36,000
employees.

439
00:50:38,940 --> 00:50:43,440
So if we kind of have established here that fits with the home-based business framework,

440
00:50:44,220 --> 00:50:48,880
it can be compatible with an agricultural area based on what's precedent that's been set

441
00:50:48,880 --> 00:50:55,790
and the low nature of impact, the next question in our final question would be, you know,

442
00:50:56,820 --> 00:51:00,940
does this business, whether it fits in that or not, that's not enough just to approve

443
00:51:00,940 --> 00:51:06,000
if it fits in a framework, but is the nature of the business creating enough impact that is

444
00:51:06,000 --> 00:51:15,040
creating material interference or or displacing the the the community there are many impacts

445
00:51:15,040 --> 00:51:21,120
listed when you look at the the different opposition submittals and they mostly or they all

446
00:51:21,120 --> 00:51:29,000
relate to some form of sorry lost here again to these impacts here which is traffic, noise,

447
00:51:29,400 --> 00:51:35,800
visual appearance, outdoor storage, dust and emissions and hours of operation. Again we're not

448
00:51:35,800 --> 00:51:39,720
to tell the board that there's no impact from this business. I think when you introduce a business

449
00:51:39,720 --> 00:51:45,420
into any, any area, there's always going to be an impact, but what we suggest is that we've

450
00:51:45,420 --> 00:51:52,100
identified the impacts and we're very clearly stating them and to find them and they can be

451
00:51:52,100 --> 00:51:57,680
there of low enough scale that it doesn't create a material interference to do this surrounding

452
00:51:57,680 --> 00:52:04,100
area. Again, our traffic visits are low, 6 to 8 with one commercial vehicle as a as a comparable

453
00:52:04,100 --> 00:52:10,780
So when you look at how Alberta transportation and economic quarters have a sign daily trips

454
00:52:10,780 --> 00:52:16,120
to residential homes, a residential home generates nine and a half trips a day.

455
00:52:16,420 --> 00:52:22,180
The noise from this operation is limited into a riding arena, completely enclosed indoors.

456
00:52:22,620 --> 00:52:27,120
Again, we're not crushing concrete, we're not batching concrete in a massive plant.

457
00:52:27,120 --> 00:52:28,820
This is a single...

458
00:52:32,980 --> 00:52:46,440
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.

459
00:52:46,940 --> 00:52:55,800
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.

460
00:53:01,510 --> 00:53:07,710
So understanding that these impacts are mitigated to the best of their degree and that they are minimal.

461
00:53:09,210 --> 00:53:13,550
There's still an opportunity here to add conditions of approval to this permit.

462
00:53:14,850 --> 00:53:25,150
There's defined metrics that we can impose here, employ numbers, hours of operation that defined areas, storage markers, screened areas.

463
00:53:25,150 --> 00:53:32,450
If we're not asking the board to either unconditionally approve this or refuse it, there's

464
00:53:32,450 --> 00:53:37,110
a third middle ground and administration has already come up with that alternative of reasonable

465
00:53:37,110 --> 00:53:43,530
and enforceable conditions on this business that make sure everybody is going home happy here.

466
00:53:46,570 --> 00:53:47,350
Community support.

467
00:53:48,210 --> 00:53:53,270
We did have, after we submitted the appeal, we did have 16 letters of support come to us.

468
00:53:53,270 --> 00:53:58,550
We know as well there has been been opposition, obviously, as we see with people here today.

469
00:53:59,310 --> 00:54:15,070
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.

470
00:54:17,570 --> 00:54:27,010
We understand the opposition's sentiment, you know, there's a desire to obviously maintain the

471
00:54:27,010 --> 00:54:31,390
role aspects of Delicor, there's a lot of beautiful amenities there that want to be maintained.

472
00:54:32,450 --> 00:54:35,610
And we're not trying to take away from that.

473
00:54:36,270 --> 00:54:42,010
But we're here today from the board to ask, you know, do you believe that the business here

474
00:54:42,010 --> 00:54:48,210
is creating an impact that is worthy of a refusal of the application and based on what we've

475
00:54:48,210 --> 00:54:52,030
provided here today, we take a position that it does not.

476
00:54:54,220 --> 00:54:57,880
So in conclusion, again, this fits

477
00:54:57,880 --> 00:55:04,020
within the home-based business type 2 framework. It is aligned. We'd say that it is compatible

478
00:55:04,020 --> 00:55:11,720
with an agricultural setting based on the low-intensity scale of the business. There are options

479
00:55:11,720 --> 00:55:18,880
We can have for reasonable conditions to be in place to ensure that those impacts are mitigated as well.

480
00:55:23,660 --> 00:55:32,780
And, yeah, reasonable conditions that we can apply to this permit to lessen some of the concerns of this property.

481
00:55:34,220 --> 00:55:36,060
With that, we'll wrap up.

482
00:55:36,060 --> 00:55:43,820
We respectfully ask that the board overturned this refusal for this development permit and we'll

483
00:55:43,820 --> 00:55:45,780
be here to answer any questions if you have them.

484
00:55:45,900 --> 00:55:47,100
Thank you for your time and your attention.

485
00:55:48,140 --> 00:55:50,280
Thank you, sir, for your presentation.

486
00:55:51,400 --> 00:55:55,520
Just to give you the same opportunity that we gave development authority, if we can go back

487
00:55:55,520 --> 00:55:57,480
to your community support map,

488
00:56:00,040 --> 00:56:03,880
you mentioned that you have 16 letters of support and you

489
00:56:03,880 --> 00:56:05,840
we have 15 highlighted,

490
00:56:08,940 --> 00:56:11,300
just wondering where the 16th.

491
00:56:13,450 --> 00:56:14,510
Through the chair.

492
00:56:15,470 --> 00:56:16,230
Yep, good counting.

493
00:56:16,450 --> 00:56:20,390
Maybe we're worse at counting, but we do have, I guess, additional.

494
00:56:20,570 --> 00:56:25,810
I will say, additional, a lot of support that came in after the fact as well.

495
00:56:26,510 --> 00:56:30,890
I'm thus concerned about, I guess, the exact number of letters of support.

496
00:56:31,150 --> 00:56:36,750
I think it's more clear that we've established that there's people who support it, a good number,

497
00:56:36,750 --> 00:56:41,570
and there's a good number of people that also oppose it, and it's more that this is less

498
00:56:41,570 --> 00:56:48,210
of a question about a vote, which one has more numbers, and it's more does, is are we matching

499
00:56:48,210 --> 00:56:54,550
the land use by law? Is there evidence to say that there is undo material interference

500
00:56:54,550 --> 00:57:02,270
to the area? From our perspective, sir, we do look at the accuracy of the presentation.

501
00:57:03,230 --> 00:57:04,450
That's important to us.

502
00:57:10,940 --> 00:57:16,120
Michael Omar from Tehran Consultants. Sorry, I'll give some clarification. I did a graphic on this.

503
00:57:16,740 --> 00:57:23,300
The reason there's 16 letters and 15s on the map is I can read the handwriting on the actual letter itself.

504
00:57:23,500 --> 00:57:27,520
So I didn't put a dot on the map and then just for clarification in your package.

505
00:57:28,080 --> 00:57:34,940
We received additional six letters that are included in your package that aren't represented on this map as well.

506
00:57:34,940 --> 00:57:37,020
Thank you, sir.

507
00:57:38,840 --> 00:57:43,920
Does the board have any questions for the Appellan member, Primi?

508
00:57:46,450 --> 00:57:49,970
Through the chair to the Appellan, you mentioned that you're

509
00:57:49,970 --> 00:57:54,070
producing four to five stairs a week.

510
00:57:55,630 --> 00:57:56,550
Through the chair, that's correct.

511
00:57:57,210 --> 00:58:01,170
So how much concrete is required to produce one staircase?

512
00:58:03,230 --> 00:58:05,610
Like cubic meters or through the chair?

513
00:58:05,610 --> 00:58:10,810
I'm not the concrete expert. If give me a second I'll refer to the landowner here

514
00:58:15,680 --> 00:58:18,220
through the chair through the chair half a meter.

515
00:58:18,480 --> 00:58:25,580
So it'll be about 2.5 meters to 3 meters of concrete that'll be mixed on site.

516
00:58:56,440 --> 00:58:58,140
Through the chair one cubic meter.

517
00:59:00,360 --> 00:59:03,680
Will it be mixed on site or will you be bringing it in from third party?

518
00:59:04,780 --> 00:59:06,680
Through the chair it gets mixed on site.

519
00:59:07,540 --> 00:59:09,980
Another question is about the arena.

520
00:59:09,980 --> 00:59:21,100
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.

521
00:59:21,620 --> 00:59:28,520
Through the chair, corrected as existing, I do believe it is insulated just let me confirm again.

522
00:59:29,260 --> 00:59:29,940
Thank you.

523
00:59:33,980 --> 00:59:35,760
Through the chair, that's corrected, it's insulated.

524
00:59:36,800 --> 00:59:37,560
Thank you.

525
00:59:40,890 --> 00:59:42,730
member for her.

526
00:59:49,200 --> 00:59:53,560
Thank you through the chair. I have a few questions to about the actual

527
00:59:53,560 --> 00:59:58,780
making of the stairs, so I'm sorry I don't know what a cubic meter is. How many

528
01:00:00,000 --> 01:00:10,140
Assuming that the concrete powder comes at is delivered in bags and then gets mixed with water and then poured into a frame, etc.

529
01:00:11,360 --> 01:00:20,550
So, in each day case, how many bags of concrete and how much water and follow-up, what does the wealth support?

530
01:00:23,930 --> 01:00:27,090
Through the chair, I can answer some of those well. Well, we get some information,

531
01:00:29,530 --> 01:00:29,530
but

532
01:00:29,530 --> 01:00:36,890
For water, I know they use, depending on the stairs, it could be 25, 40 liters in a set of stairs.

533
01:00:38,130 --> 01:00:43,310
The water is not, the wells aren't utilized for the business operations.

534
01:00:43,850 --> 01:00:49,250
They'll be using holding tank systems within the wide-riding arena, so that the wells aren't impacted.

535
01:00:49,850 --> 01:00:52,850
The wells are just for the residential home.

536
01:00:52,850 --> 01:00:57,510
Okay, thank you, some follow-up questions to that.

537
01:00:58,150 --> 01:01:03,990
So how often is water delivered to the property and how is it delivered?

538
01:01:05,190 --> 01:01:08,090
Through the chair, the water will be trucked there.

539
01:01:08,870 --> 01:01:12,950
It's done every three to four weeks as needed.

540
01:01:14,350 --> 01:01:17,050
And yes, sorry, held in those systems and the holding tanks in the arena.

541
01:01:17,050 --> 01:01:26,230
Okay. And how often are the concrete bags delivered and how did they come?

542
01:01:26,630 --> 01:01:30,450
Through the chair. Let me confirm with the landowners here.

543
01:01:59,860 --> 01:02:00,440
Through the chair.

544
01:02:00,800 --> 01:02:05,020
So four pallets a month are delivered for bags of concrete.

545
01:02:05,780 --> 01:02:11,120
Right. Okay. And I have one more question. Well, two more questions.

546
01:02:11,120 --> 01:02:28,000
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.

547
01:02:31,710 --> 01:02:38,330
Through the chair, I don't have specific, I guess, answers on what that mitigation looks like.

548
01:02:38,330 --> 01:02:45,530
it is indoors. There's options for fanning and filters that can be introduced. I don't have

549
01:02:45,530 --> 01:02:50,410
specifics and I don't know if it's been detailed yet. I can ask. Yeah.

550
01:02:50,750 --> 01:02:56,470
Because presumably it's heated so there would be humidity issues perhaps.

551
01:02:58,770 --> 01:03:05,430
Through the chair corrected is heated. Let me just confirm with them on any mitigation there.

552
01:03:05,630 --> 01:03:06,470
Thank you.

553
01:03:11,410 --> 01:03:13,690
Through the chair there's an HVAC system. They're

554
01:03:13,690 --> 01:03:20,310
to introduce it's not part of this application. No doubt to be a follow-up introduction through

555
01:03:20,310 --> 01:03:26,990
building services. Okay. And the other, my last question is about the growth of the business,

556
01:03:28,150 --> 01:03:33,270
because it seems quite a small business right now. How did they see it increasing?

557
01:03:43,380 --> 01:03:49,120
Through the chair, they don't have any plans to increase the scale of the production right now.

558
01:03:49,120 --> 01:03:54,340
they've been operating not at this property, but operating this business for some time at this level,

559
01:03:54,940 --> 01:03:57,060
and then what would like to continue to do so.

560
01:03:57,500 --> 01:03:58,580
Okay. Thank you very much.

561
01:04:02,640 --> 01:04:09,060
You mentioned that the business has been operating at a different site. Can you tell us where?

562
01:04:29,480 --> 01:04:32,700
Through the Jared's location in Calgary, Southeast.

563
01:04:33,580 --> 01:04:35,020
In an industrial area?

564
01:04:38,570 --> 01:04:40,650
Yeah, yeah. In an industrial area.

565
01:04:41,150 --> 01:04:41,830
Thank you.

566
01:04:45,020 --> 01:04:48,000
Any further questions from the board at this time?

567
01:04:51,080 --> 01:04:52,720
member done.

568
01:04:54,890 --> 01:04:59,390
Thank you. Through the chair on one of your slides the options for conditions of approval

569
01:04:59,390 --> 01:05:06,170
it does say expansion subject to additional development permits. So that would tend to imply there

570
01:05:06,170 --> 01:05:14,350
was expansion plan. Through the chair. I'm sorry I would disagree it's not implying that

571
01:05:14,350 --> 01:05:22,730
the intended expand it's more that this is often a concern that comes up with with these types of

572
01:05:22,730 --> 01:05:24,850
open the floodgates and you think it happened.

573
01:05:25,630 --> 01:05:29,610
We're not asking for this to be approved for full-blown industrial use

574
01:05:29,610 --> 01:05:34,570
because this is a specific home-based business to find by that land use.

575
01:05:34,950 --> 01:05:39,170
If they want to do more, then it's subject to they have to go through the process of the

576
01:05:39,170 --> 01:05:42,310
additional applications to expand the operation.

577
01:05:43,370 --> 01:05:45,410
So that would mean, okay, thank you.

578
01:05:47,650 --> 01:05:52,810
You do mention that you have four resident employees of the business on site.

579
01:05:52,810 --> 01:05:56,710
Can you tell us how many residents there are in total on site

580
01:05:59,370 --> 01:06:00,590
through the chair?

581
01:06:01,030 --> 01:06:08,210
Yes, sorry, four residents living there who also work two non-resident employees total

582
01:06:08,210 --> 01:06:12,070
residents for the home is four four.

583
01:06:19,740 --> 01:06:22,160
Any further questions from the board?

584
01:06:24,390 --> 01:06:27,410
Seeing none, thank you very much for your presentation, sir. You can be seated.

585
01:06:36,930 --> 01:06:41,450
Is there anyone in the audience who wishes to speak in support of the appeal?

586
01:06:46,700 --> 01:06:52,140
In seeing no one, that's my first call. I am obligated to call this three times.

587
01:06:52,920 --> 01:06:58,200
For a second call, is there anyone in the audience who wishes to speak in support of the appeal?

588
01:07:03,630 --> 01:07:09,310
And for a third call, is there anyone in the audience who wishes to speak in support of the appeal?

589
01:07:13,340 --> 01:07:14,820
Seeing none, thank you very much.

590
01:07:19,930 --> 01:07:25,530
I do have a list of speakers who wish to speak in opposition of the appeal.

591
01:07:25,530 --> 01:07:28,790
The first one being...

592
01:07:30,000 --> 01:07:40,700
Ush, riker fox, and I believe Mr. fox is online. Yes, hello, good morning. Can you hear me okay?

593
01:07:41,260 --> 01:07:47,320
Can very much so sir. Great. I'm just going to pull up slides here and share screen.

594
01:07:47,980 --> 01:07:53,800
Just for the record, I will need you to state your name. Oh, sorry about that.

595
01:07:53,800 --> 01:07:58,060
Joshua or Raker Fox, maybe such a kind introduction. I didn't think I needed to.

596
01:08:00,780 --> 01:08:01,120
I'm going to share

597
01:08:01,120 --> 01:08:08,060
screen and hoping that to function correctly if you can just let me know if you're able to see it.

598
01:08:15,840 --> 01:08:24,820
We do have a screen of houses, golf course. Get a little bit of everything there and so I'm just going to

599
01:08:26,160 --> 01:08:31,880
put it into presentation modes, hopefully it's a little bit tidier. What you see there is

600
01:08:32,940 --> 01:08:35,540
three different shots of the Delacore community.

601
01:08:37,240 --> 01:08:38,480
And am I good to get started?

602
01:08:42,300 --> 01:08:42,320
Yes.

603
01:08:43,300 --> 01:08:44,180
Awesome, thank you.

604
01:08:44,520 --> 01:08:46,040
OK, so good morning and thank you to the field board

605
01:08:46,040 --> 01:08:48,440
for allowing me to join remotely today.

606
01:08:48,860 --> 01:08:50,180
The issue before the board is not

607
01:08:50,180 --> 01:08:51,460
whether the proposed development

608
01:08:51,460 --> 01:08:53,240
can be made somewhat less disrupted

609
01:08:53,920 --> 01:08:55,500
disruptive through mitigation measures,

610
01:08:55,820 --> 01:08:56,920
but whether this needs your development

611
01:08:56,920 --> 01:08:59,840
is appropriate in this rural agricultural location.

612
01:09:00,540 --> 01:09:02,280
The evidence demonstrates that it is not

613
01:09:02,280 --> 01:09:04,420
the proposal introduces line-duce conflicts,

614
01:09:04,420 --> 01:09:08,680
increase pressure on infrastructure and impacts that are inconsistent with a long-term

615
01:09:08,680 --> 01:09:12,620
protection of the surrounding area as described in the county's planning documents.

616
01:09:13,340 --> 01:09:16,420
But these reasons, I respectfully request that the PLB denied.

617
01:09:17,100 --> 01:09:20,720
Protecting agricultural land requires more than preserving individual parcels.

618
01:09:21,340 --> 01:09:26,540
It requires protecting the world conditions that allow agricultural communities to continue to function.

619
01:09:28,620 --> 01:09:31,560
Just have to give me a moment as I move through the slides here.

620
01:09:31,840 --> 01:09:35,540
If the slides aren't tracking along, please let me know on my side that looks okay.

621
01:09:35,540 --> 01:09:40,320
The county provided clear rationale in the technical elements for refusal.

622
01:09:40,940 --> 01:09:44,420
All offer three themes for consideration from the community's perspective.

623
01:09:44,700 --> 01:09:47,800
The first is the veracity of the home base business application.

624
01:09:48,640 --> 01:09:53,260
The second, and what I think is probably most critical, is the guidance of the area structure

625
01:09:53,260 --> 01:09:57,360
plan and the NDP, the municipal development plan, and then last is stewardship.

626
01:09:58,360 --> 01:10:02,200
We've witnessed the home base business which ruined Delacore and the surrounding community

627
01:10:02,200 --> 01:10:06,300
several times and were really conscious of the risk that's associated with such applications.

628
01:10:07,160 --> 01:10:11,860
The community has been clear that the continued erosion of residential and agricultural priorities

629
01:10:11,860 --> 01:10:17,180
is now at a tipping point. As a county's package captures, there are 15 surrounding residents

630
01:10:17,180 --> 01:10:22,620
and over 400 community patrons that have stated their objections to the application that number

631
01:10:22,620 --> 01:10:27,580
is likely higher today. I'd ask everyone to envision a handlet or a community like Bride Creek

632
01:10:27,580 --> 01:10:33,120
lying down 20 years ago and imagine the impact of a facility like this if it was allowed to

633
01:10:33,120 --> 01:10:38,580
proceed. Those communities would have been denied the opportunity to thrive in the years ahead.

634
01:10:45,580 --> 01:10:51,060
The first theme is with regards to the variety of the application. A home is a place for a family,

635
01:10:51,360 --> 01:10:56,700
partners, individuals, live, play and eat. This application doesn't reflect a home. The property

636
01:10:56,700 --> 01:11:03,820
sold for $1.2 million in October 2025. There were no interior photos that were included in the

637
01:11:03,820 --> 01:11:05,760
state of the interior of the house.

638
01:11:06,060 --> 01:11:08,140
And this is simply just out of step with the market.

639
01:11:08,600 --> 01:11:10,780
By every observation, the house sits on occupied.

640
01:11:11,160 --> 01:11:12,820
There's no lights on and off.

641
01:11:12,820 --> 01:11:13,700
There's no activity.

642
01:11:14,340 --> 01:11:16,460
A car only appeared in early August

643
01:11:16,460 --> 01:11:18,280
when the hearing date was rescheduled.

644
01:11:18,740 --> 01:11:20,760
Plate, hidden, and unmoved sense.

645
01:11:21,180 --> 01:11:23,780
Consistent with a stage occupancy, not residency.

646
01:11:30,670 --> 01:11:32,250
Our understanding is the application,

647
01:11:32,790 --> 01:11:34,790
the applicant is YYC precast.

648
01:11:35,470 --> 01:11:38,110
This is a sizable corporation that serves Calgary,

649
01:11:38,110 --> 01:11:42,590
Cochrane, Strathmore, Hyriver, Herodry, and several surrounding communities in the region.

650
01:11:43,250 --> 01:11:44,710
Here's a screen shot from the website.

651
01:11:49,180 --> 01:11:52,520
This is not a quaint moment pop shop as the application may suggest.

652
01:11:53,180 --> 01:11:57,260
Our community's experiences at these operations escalate well past their initial scope.

653
01:11:57,900 --> 01:12:02,400
This reads as an effort to reverse engineer the home-based business process, not an organic

654
01:12:02,400 --> 01:12:04,460
extension of residential use.

655
01:12:06,740 --> 01:12:09,740
The second theme that I'd like to touch on, and I think that this is the most critical

656
01:12:09,740 --> 01:12:15,360
is with regards to Delico's ASP and Rocket View's Municipal Development Plan. I've shared the

657
01:12:15,360 --> 01:12:21,400
vision statement for Delico's ASP here for you to just take a read. Your team, Rocket View's

658
01:12:21,400 --> 01:12:25,820
team and our community put so much work into this document and here we stand to reinforce how

659
01:12:25,820 --> 01:12:33,360
important that work is today to ensure its principles remain upheld. The ASP defines the long-term

660
01:12:33,360 --> 01:12:37,620
direction of the Hamlet and surrounding area, providing integrity to the design, the little

661
01:12:37,620 --> 01:12:41,460
the ability, character through a logical layout and sequencing of development.

662
01:12:42,220 --> 01:12:45,920
Such businesses threaten the certainty the ASP is meant to provide.

663
01:12:51,480 --> 01:12:55,120
The applicant property is noted with the purple arrow there.

664
01:12:56,080 --> 01:12:58,720
And it's located within the agricultural transition area.

665
01:12:58,980 --> 01:13:03,780
There's specific language in the ASP that notes the type of progression that can happen

666
01:13:03,780 --> 01:13:08,080
within an agricultural transition area as part of the area structure plan.

667
01:13:08,640 --> 01:13:20,720
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.

668
01:13:21,480 --> 01:13:26,420
Incompatible uses degrade the rural character of Delacore and then invite further encroachment.

669
01:13:32,410 --> 01:13:36,610
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.

670
01:13:36,610 --> 01:13:41,350
The area structure plan is clear, industrial uses are unsupported outside of the

671
01:13:41,350 --> 01:13:46,430
Hamlet expansion areas, commercial use in the agricultural transition area must serve

672
01:13:46,430 --> 01:13:52,990
the local market and be supported by communal or pipe water, and home-based businesses may

673
01:13:52,990 --> 01:13:57,410
only locate in the mixed use policy area and only yet compatible.

674
01:14:00,170 --> 01:14:01,930
The application fails all three tests.

675
01:14:02,230 --> 01:14:07,470
It's industrial, it's not serving the local market, and it's incompatible with the ASP's

676
01:14:07,470 --> 01:14:08,130
character.

677
01:14:13,080 --> 01:14:16,960
Next, I just want to take a quick look at Rocket Views, Municipal Development Plan,

678
01:14:17,060 --> 01:14:23,000
the MDP, which is published in 2025, Section 5 of the MDP directs growth to suitable areas,

679
01:14:23,140 --> 01:14:27,840
to minimize impacts on agricultural land and a regular development. And at points,

680
01:14:28,220 --> 01:14:32,300
uses like pre-pass compute production to designate it employment areas and business hubs.

681
01:14:32,880 --> 01:14:38,320
So both the ASP and the MDP speak to specific location for this type of business.

682
01:14:39,420 --> 01:14:42,320
The final theme is with regards to stewardship.

683
01:14:44,640 --> 01:14:50,680
Delicor was established in 1914 with over a century of history, we're stewarding for the next generation now.

684
01:14:51,260 --> 01:14:53,440
The applicant's conduct raises concern.

685
01:14:54,020 --> 01:14:58,820
The installation of a large and unsightly plywood fence with mismatched posts, so you can see here.

686
01:15:00,000 --> 01:15:06,480
There's refuse piled on the property, and third an attempt to solicit support at the canal golf course under false pretenses.

687
01:15:10,400 --> 01:15:21,380
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.

688
01:15:22,280 --> 01:15:26,060
And I asked everyone here today, how would you feel if your neighbors started this in your community?

689
01:15:27,940 --> 01:15:32,300
We have families, farms, and careers, and we chose Della Core for its rural character.

690
01:15:33,000 --> 01:15:35,140
If we approve this won't be a nice-flated exception,

691
01:15:35,880 --> 01:15:39,080
the integrity of the ASP will come into question for the future.

692
01:15:40,260 --> 01:15:42,560
We're fortunate to have a wonderful haul in writing grounds,

693
01:15:42,880 --> 01:15:44,500
the Law to Canal at Della Core, of course.

694
01:15:45,200 --> 01:15:49,280
The Girl Guides haul in its programs which date back to 1957, which is pretty cool,

695
01:15:49,860 --> 01:15:52,020
and a store that attracts visitors from afar.

696
01:15:52,580 --> 01:15:55,700
This is the nucleus of Della Core, which would be a rapidly harmed

697
01:15:55,700 --> 01:15:58,260
by the allowance of a concrete production operation.

698
01:15:59,040 --> 01:16:01,760
We respectfully request the county's decision to be upheld.

699
01:16:02,080 --> 01:16:02,980
Thank you.

700
01:16:04,970 --> 01:16:05,710
Thank you very much.

701
01:16:05,710 --> 01:16:06,710
I can answer any questions.

702
01:16:07,110 --> 01:16:07,690
Please let me know.

703
01:16:07,910 --> 01:16:09,390
Thank you very much for your presentation.

704
01:16:10,630 --> 01:16:14,690
Does the board have any questions for Mr. Ricker Fox?

705
01:16:17,140 --> 01:16:18,180
Member Dunn.

706
01:16:19,380 --> 01:16:21,440
Through the chair, one question.

707
01:16:21,800 --> 01:16:25,360
The picture that I can't show it to you on the screen.

708
01:16:25,360 --> 01:16:30,140
The picture that you just talked about page 19 of 27, when was that taken?

709
01:16:32,350 --> 01:16:39,850
This would have been taken probably about 10 days ago, and that fence was erected.

710
01:16:39,890 --> 01:16:43,430
I'd have to go back and check specifically, but it's been erected for some time.

711
01:16:43,730 --> 01:16:46,010
It was erected after the purchase of the property.

712
01:16:46,550 --> 01:16:48,330
Did you say 10 years ago?

713
01:16:48,570 --> 01:16:50,250
No, no, no, 10 days ago.

714
01:16:51,190 --> 01:16:52,250
Okay, 10 days ago.

715
01:16:52,430 --> 01:16:55,050
It was erected after the purchase of the property.

716
01:16:55,690 --> 01:16:56,610
But the picture...

717
01:16:56,610 --> 01:16:58,050
And I think you...

718
01:16:58,690 --> 01:16:59,150
Sorry, go ahead.

719
01:16:59,350 --> 01:17:01,450
The picture was taken about 10 days ago.

720
01:17:01,590 --> 01:17:02,190
That's correct.

721
01:17:02,890 --> 01:17:04,010
Okay. Thank you very much.

722
01:17:05,410 --> 01:17:05,650
Welcome.

723
01:17:08,650 --> 01:17:10,370
Any further questions from the board?

724
01:17:10,730 --> 01:17:11,910
Member Primi.

725
01:17:14,730 --> 01:17:15,450
Through the chair.

726
01:17:16,150 --> 01:17:18,190
Is that the picture of the arena?

727
01:17:18,830 --> 01:17:21,370
Could you please specify this another building on the site?

728
01:17:22,690 --> 01:17:24,630
To my knowledge this is another building on the site.

729
01:17:25,430 --> 01:17:27,270
So this is not the picture of the arena.

730
01:17:27,270 --> 01:17:35,390
to my knowledge, but I wouldn't have quite the specifics to know where the arena of the

731
01:17:35,390 --> 01:17:38,750
other different outbuildings, which one's the arena where the concrete was for it. I'm not familiar

732
01:17:38,750 --> 01:17:42,170
with it. That level of detail. Thank you.

733
01:17:42,310 --> 01:17:44,530
Simply because I'm not on the property.

734
01:17:47,600 --> 01:17:49,740
Thank you, any further questions from the board.

735
01:17:52,200 --> 01:17:54,320
Seeing none, thank you very much for your presentation, sir.

736
01:17:55,240 --> 01:17:56,960
Thanks so much for the opportunity to join today.

737
01:17:59,430 --> 01:18:06,430
I do have listed to speak in opposition to the appeal number two, Mr. Bruce McIntosh.

738
01:18:17,190 --> 01:18:20,850
Oh, certainly I just have Bruce written down, so we'll go with Doug.

739
01:18:21,490 --> 01:18:21,970
I apologize.

740
01:18:41,290 --> 01:18:41,950
But good morning, sir.

741
01:18:41,970 --> 01:18:45,890
I just need you to turn the mic on and introduce yourself.

742
01:18:47,780 --> 01:18:48,760
Thank you.

743
01:18:49,960 --> 01:18:51,060
Good morning, ladies and gentlemen.

744
01:18:52,400 --> 01:18:53,920
My name is Doug McIntosh.

745
01:18:53,920 --> 01:19:03,240
I own an operate the Canal of the Delacard Gulf Club where I got approval and started building it in 2003.

746
01:19:04,380 --> 01:19:11,400
It has developed and has been improved over time, where it is now one of the best Gulf courses in Calgary.

747
01:19:12,420 --> 01:19:18,600
I apologize my hearing is not good, I just have new hearing aids on order.

748
01:19:18,600 --> 01:19:30,860
Anyway, the proposed development is Katie Corner that is Southeast Corner is in alignment with the North West Corner of the Gulf Course.

749
01:19:31,540 --> 01:19:36,820
That's sort of the traditional winds come from the Northwest and sounds travel that way too.

750
01:19:37,720 --> 01:19:41,440
There are many reasons why this development shouldn't be approved.

751
01:19:41,440 --> 01:19:45,920
and most importantly is the doesn't comply with

752
01:19:45,920 --> 01:19:51,200
area structure plan as George Riker Fox said.

753
01:19:51,720 --> 01:19:56,020
It doesn't fit in with the surrounding area, which is made up of small

754
01:19:56,020 --> 01:20:01,140
acreages, farms, a golf course, a community hall, and a

755
01:20:01,140 --> 01:20:05,700
Questran Center, a store and historic girl guides building.

756
01:20:07,780 --> 01:20:12,420
They have just recently demonstrated that their intention is not

757
01:20:12,420 --> 01:20:19,470
into the community, then instead chose a path of intimidation.

758
01:20:21,120 --> 01:20:23,380
A few examples are as follows.

759
01:20:24,260 --> 01:20:29,420
Three men that were related to this group purchased a nine-hole tea time,

760
01:20:29,800 --> 01:20:35,180
rented two golf cars, carts, just before the ladies league began.

761
01:20:37,260 --> 01:20:41,120
They only had one set of golf clubs, which had our staff notice,

762
01:20:41,120 --> 01:20:43,060
They wouldn't have been allowed to play.

763
01:20:43,900 --> 01:20:45,680
They were not there to play golf anyway.

764
01:20:46,920 --> 01:20:48,140
They drove through people.

765
01:20:48,840 --> 01:20:52,660
They were playing, and at night the ladies that were playing.

766
01:20:53,440 --> 01:20:56,000
They followed the food and beverage cart,

767
01:20:56,000 --> 01:20:58,540
girl buying drinks at different times from her,

768
01:20:58,900 --> 01:21:01,120
and asking her inappropriate questions.

769
01:21:02,180 --> 01:21:04,660
Like, how old are you? Where do you live?

770
01:21:06,040 --> 01:21:10,080
She was not comfortable with this, and she was rightfully scared.

771
01:21:11,380 --> 01:21:17,920
I was called to the clubhouse where they were following the game. These three men were

772
01:21:17,920 --> 01:21:23,460
cutling up to various lady golfers and trying to buy them drinks with intention of trying

773
01:21:23,460 --> 01:21:30,080
to sell them their concrete prefab business. There were a lot of angry lady golfers there.

774
01:21:31,080 --> 01:21:37,220
I approached the three men as they were attempting to order drinks. I canceled the order and told

775
01:21:37,220 --> 01:21:40,420
They were not welcome and asked them to leave.

776
01:21:42,910 --> 01:21:46,090
I said we would be see them at the appeals hearing.

777
01:21:47,110 --> 01:21:49,830
They commented that their lawyers would be here.

778
01:21:50,150 --> 01:21:51,330
And I said, that's fine.

779
01:21:51,990 --> 01:21:54,910
They said everyone surrounding them supported them,

780
01:21:54,990 --> 01:21:56,710
which was not true at all.

781
01:21:57,090 --> 01:21:59,350
The people south of them are the local store

782
01:21:59,350 --> 01:22:00,550
and girl guide building.

783
01:22:01,410 --> 01:22:05,210
The golf courses on the southeast corner of them

784
01:22:05,210 --> 01:22:14,410
was opposed as well with over 400 signatures on a petition not in favor of this development.

785
01:22:15,870 --> 01:22:19,690
The people of the East Side were not supportive as well.

786
01:22:19,690 --> 01:22:22,390
The balance of the quarter section

787
01:22:24,730 --> 01:22:28,790
closely surrounding on the west, north, and east.

788
01:22:30,050 --> 01:22:48,790
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.

789
01:22:49,910 --> 01:22:56,150
The only other statement they made, I really didn't want to say anything about it as it

790
01:22:56,150 --> 01:23:00,130
may have negative impact on the counselor or staff.

791
01:23:00,630 --> 01:23:09,030
However, I believe the county should be made aware of the other comment, which was,

792
01:23:09,290 --> 01:23:14,050
I quote, the county was bought and paid for, unquote.

793
01:23:14,050 --> 01:23:21,630
That is a serious charge, and these people present themselves as being very disingenuous.

794
01:23:22,470 --> 01:23:27,930
Like I said, I didn't feel it was appropriate, but I just felt committee and the council

795
01:23:27,930 --> 01:23:30,570
should understand what they told me.

796
01:23:35,010 --> 01:23:43,830
The people related to this appeal subsequently offered me an apology and a gift to which

797
01:23:43,830 --> 01:23:47,970
has had no thank you. It's too late for the apology and I can't be bought.

798
01:23:49,950 --> 01:23:55,470
The house located on the property, I expect as the basis for the home-based business.

799
01:23:56,210 --> 01:24:02,570
The building was rented out, but I believe it is now vacant due to a per-suede system,

800
01:24:02,990 --> 01:24:09,430
which was just put into a container. I would also like to know where the dispose of that

801
01:24:11,450 --> 01:24:15,710
There's been approximately 400 feet of plywood sheeting,

802
01:24:15,730 --> 01:24:18,890
seeing some cases double high along the property.

803
01:24:20,010 --> 01:24:22,190
Was there a permit for that?

804
01:24:23,110 --> 01:24:27,710
I would like to know on what basis, if there was.

805
01:24:27,710 --> 01:24:29,870
I would like to know what basis it was approved.

806
01:24:31,170 --> 01:24:33,430
I would suggest that there's overwhelming

807
01:24:33,430 --> 01:24:37,010
evidence of why this project should not be approved.

808
01:24:38,900 --> 01:24:51,600
Yet destroys the social aspect of the community and that's what makes the community a great place to live.

809
01:24:53,040 --> 01:25:04,200
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.

810
01:25:05,920 --> 01:25:18,220
I pay approximately $45,000 a year in taxes for my properties and the golf course.

811
01:25:19,220 --> 01:25:25,780
And I believe this would just not be good for the property in the area.

812
01:25:26,680 --> 01:25:29,580
I respectfully request this committee.

813
01:25:30,080 --> 01:25:31,000
Turn down this development.

814
01:25:32,520 --> 01:25:33,900
Thank you very much for your time.

815
01:25:35,320 --> 01:25:38,080
Thank you, Mr. McIntosh, for your presentation.

816
01:25:38,480 --> 01:25:41,900
Does the board have any questions for Mr. McIntosh?

817
01:25:43,240 --> 01:25:44,200
Member Permie.

818
01:25:45,680 --> 01:25:53,520
Through the chair, Mr. McIntosh, can you please let us know where is the location of the golf course in proximity to the site?

819
01:25:54,240 --> 01:25:55,920
I'm sorry. Can't really hear.

820
01:26:05,180 --> 01:26:06,360
Can we maybe have a map up there?

821
01:26:06,360 --> 01:26:08,480
The location of the golf course you wanted to know?

822
01:26:08,880 --> 01:26:09,320
Yes, please.

823
01:26:09,320 --> 01:26:21,480
It is the north, the northwest corner of the Gulf course, is directly in direction with the southeast corner of the development.

824
01:26:22,860 --> 01:26:28,760
So, again, the winds and the noise are traditionally from the northwest and we would get it all.

825
01:26:29,220 --> 01:26:35,340
Any chance we could pull up a site map that would reflect the properties, locations.

826
01:26:39,770 --> 01:26:41,430
I can share a screen if that helps.

827
01:26:41,430 --> 01:26:42,230
I

828
01:26:46,170 --> 01:26:50,110
think we have it here, Mr. Ricker, Fox, I'm just confirmed with our element of thought.

829
01:26:50,130 --> 01:26:51,210
Didn't hear that question.

830
01:26:52,030 --> 01:26:54,150
We're just trying to pull up a map of the sites.

831
01:26:54,330 --> 01:26:54,890
Oh, okay.

832
01:27:00,060 --> 01:27:02,940
You see the Gulf, of course, where the canal runs through it.

833
01:27:03,800 --> 01:27:06,540
Just south of the Highway 564.

834
01:27:07,700 --> 01:27:12,580
And there you see, just straight to the north west where the applicant is.

835
01:27:13,300 --> 01:27:14,180
Thank you.

836
01:27:14,440 --> 01:27:15,120
Thank you.

837
01:27:19,340 --> 01:27:26,960
To the development authority we did here, Mr. Mackintosh, reference the Fencing that's on site,

838
01:27:27,640 --> 01:27:33,380
is there any requirement under the Landy's Biolotic at a permit for Fencing of this nature?

839
01:27:36,290 --> 01:27:43,570
To the chair, yes, Fencing's over 2m high, do need a development permit in a,

840
01:27:48,820 --> 01:27:50,080
yes, sorry.

841
01:27:51,420 --> 01:27:56,560
Fencing's worth in 2-meter high-do need a development permit to be prior to installation.

842
01:27:57,260 --> 01:27:59,540
So this fence would be subject to that condition.

843
01:28:00,820 --> 01:28:04,880
Is there a permit in place orders that part of the enforcement order as well?

844
01:28:05,120 --> 01:28:08,120
To the chair, there is no permit at the time.

845
01:28:09,300 --> 01:28:12,560
So the applicant would need to apply for the development permit.

846
01:28:16,300 --> 01:28:17,800
Thank you very much.

847
01:28:18,460 --> 01:28:20,240
Any further questions from the board?

848
01:28:21,060 --> 01:28:23,420
See you now. You can be seated, sir. Thank you.

849
01:28:24,080 --> 01:28:24,580
Thank you.

850
01:28:31,380 --> 01:28:36,300
Also signed up to speak in opposition to the appeal I have Dana McIntosh.

851
01:28:49,130 --> 01:28:54,730
Welcome Ms. McIntosh, and for the record, I need you to introduce yourself and state how you're affected by this.

852
01:28:54,830 --> 01:28:56,550
Certainly. Thank you. Good morning, Chair.

853
01:28:58,250 --> 01:28:58,390
Board.

854
01:29:00,890 --> 01:29:05,750
Ms. Carrey, Mr. Citu, Joel, and Homer. Good morning.

855
01:29:06,590 --> 01:29:17,630
I'm Dana McIntosh, I am daughter-in-law of Doug McIntosh, a founding member of the Delacore

856
01:29:17,630 --> 01:29:25,470
Canal at Delacore Golf Club, and I'm here in support of the Board's decision to refuse

857
01:29:25,470 --> 01:29:30,070
the development of the Permit application for the home-based business.

858
01:29:30,830 --> 01:29:40,230
I have lived out on the land up until about 10 years ago, but I am an active member stay

859
01:29:40,230 --> 01:29:47,370
at the Gulf Club, and obviously in support of the family who still reside around the

860
01:29:47,370 --> 01:29:49,630
Gulf course itself on the land.

861
01:29:52,050 --> 01:29:58,790
I will thank very much all of you for accepting my late submission of Exhibitor 11, the

862
01:30:00,000 --> 01:30:12,420
You received, and basically, the overarching question or request of that is the question is not

863
01:30:12,420 --> 01:30:16,960
whether this industry matters, it's whether it is in the right location.

864
01:30:19,760 --> 01:30:20,820
A concrete or aggregate

865
01:30:20,820 --> 01:30:27,260
operation should not undermine an established residential and recreational land use pattern as

866
01:30:27,260 --> 01:30:31,080
approved in the area a structure planned by Rockyview County.

867
01:30:32,100 --> 01:30:38,040
The council's choice today is to protect a long-established and successful golf course

868
01:30:38,040 --> 01:30:45,600
and a planned golf course community and its long-term economic value or introduce a permanent

869
01:30:45,600 --> 01:30:52,040
industrial neighbor that changes the area's character and I imagine by successive business

870
01:30:52,040 --> 01:30:55,260
would like to expand over time.

871
01:30:58,340 --> 01:31:03,600
So in presentation just as an aside, I'd like the board

872
01:31:03,600 --> 01:31:09,700
pleased to consider the geography of the land, as has been outlined. Just doing some research

873
01:31:09,700 --> 01:31:15,940
on this, the property in question or the site in question of the affluent resides and rests

874
01:31:15,940 --> 01:31:25,280
98 feet or 30 meters higher than the golf course and the topography slopes directly from

875
01:31:25,280 --> 01:31:35,160
the northwest to the southeast. So obviously any additional water and runoff would be

876
01:31:35,160 --> 01:31:43,580
coming in our direction. And as well as been mentioned, as a regular golfer, we can

877
01:31:43,580 --> 01:31:50,280
tests that the very strong winds out of the North Northwest presented challenge when we're

878
01:31:50,280 --> 01:31:59,040
golfing, so as Mr. McIntosh had indicated, any noise, dust, debris, we typically would

879
01:31:59,040 --> 01:32:06,060
see it coming in our direction to the golf course. Just another aside for consideration,

880
01:32:07,060 --> 01:32:13,560
and this was me Googling at 11 o'clock last night. I was curious to know that how

881
01:32:13,560 --> 01:32:21,640
much water, a small cement operation would require, and I emphasized small, I looked as small

882
01:32:21,640 --> 01:32:33,620
medium and large, and was interested to learn that a small cement concrete batching

883
01:32:33,620 --> 01:32:42,300
or aggregate facility typically requires between 1.5 and 3 million liters or 400,000

884
01:32:42,300 --> 01:32:46,400
to 800,000 gallons of water per year.

885
01:32:47,360 --> 01:32:52,300
Assuming an annual production volume of around 10,000 cubic meters of product,

886
01:32:54,610 --> 01:32:55,230
we're aware

887
01:32:55,230 --> 01:33:01,530
that there is a, I forget the term, but the well that is there that would serve the

888
01:33:01,530 --> 01:33:03,890
residents is not in use.

889
01:33:04,650 --> 01:33:09,870
As also outlined, we believe that the house is not currently occupied presently.

890
01:33:12,790 --> 01:33:24,050
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,

891
01:33:26,630 --> 01:33:27,370
they have mentioned,

892
01:33:27,370 --> 01:33:35,410
system, I'm curious as to system capacity and use, would it be, it would also presumably

893
01:33:35,410 --> 01:33:42,450
be used for dust suppression, washing and cleaning of equipment, mixing, obviously,

894
01:33:42,770 --> 01:33:54,250
of the aggregate and the concrete powder. So my overarching concern or consideration as well

895
01:33:54,250 --> 01:34:01,370
the scope of the business as positioned as a small home business, which to be frank in my

896
01:34:01,370 --> 01:34:10,290
mind would be something along the lines of, as has outlined in your paperwork accounting work

897
01:34:10,290 --> 01:34:16,310
from home, hairdressing, maybe a cottage industry from home, but certainly not a industrial

898
01:34:16,310 --> 01:34:18,650
themed business.

899
01:34:23,340 --> 01:34:33,560
I also researched and primarily have 13 sites of pre-cassament concrete

900
01:34:33,560 --> 01:34:41,740
located in Calgary, all in industrial areas, as is appropriate, I feel. And I have,

901
01:34:41,740 --> 01:34:47,460
I can support it with listed information here. None of them are classified as a home

902
01:34:47,460 --> 01:34:52,540
business type 2, even though they produce precast concrete steps.

903
01:34:54,700 --> 01:35:03,600
And I think in closing my overall concern is if this business is allowed to proceed in

904
01:35:03,600 --> 01:35:11,640
this location, I fear and feel it will be a creep as the business we all want to see a

905
01:35:11,640 --> 01:35:20,100
the succeed and expand. I feel that if the first step is approved, it will there be easier

906
01:35:20,100 --> 01:35:28,120
in time to more than expand thereafter, totally not in keeping with the community, the agricultural,

907
01:35:28,540 --> 01:35:35,840
the recreation, the peace and quiet of living out in Delacore, we see increased truck traffic

908
01:35:35,840 --> 01:35:43,440
currently on Highway 564 traveling East West on that corridor, the ratio that I see as a goal

909
01:35:43,440 --> 01:35:52,360
for there through the month of July of semis and pops, passing the driveway, as a ratio

910
01:35:52,360 --> 01:36:03,120
of about 50% semis and pops, 50% regular car via a particular traffic, as the board knows

911
01:36:03,120 --> 01:36:09,980
that intersection east of us at Highway 9 is a death trap and is being currently reviewed and

912
01:36:09,980 --> 01:36:14,880
we're as residents in Delacore, very grateful to you for looking at that.

913
01:36:16,280 --> 01:36:21,820
So I thank you all for the consideration. I respectfully request of all of you to seriously

914
01:36:21,820 --> 01:36:30,770
consider this and not approve this particular business at this location as a poor fit.

915
01:36:30,770 --> 01:36:33,070
Thank you very much.

916
01:36:33,650 --> 01:36:38,950
Thank you, Ms. McIntosh, for your presentation. Does the board have any questions for the speaker?

917
01:36:41,390 --> 01:36:43,030
See, none, you can be seated, ma'am. Thank you.

918
01:36:43,070 --> 01:36:43,730
Thank you very much indeed.

919
01:36:49,310 --> 01:36:55,690
That does represent the last of the speakers that I have signed up for the opposition to the appeal.

920
01:36:56,230 --> 01:36:58,930
But I am obligated to call this for three times.

921
01:36:58,970 --> 01:37:05,150
So for a second call, is there anyone who wishes to speak in opposition to the appeal?

922
01:37:06,430 --> 01:37:12,890
In seeing no one for a third call is there anyone in the audience who wishes to speak in opposition to the appeal.

923
01:37:13,410 --> 01:37:21,140
I see absolutely come forward sir please state your name and how you're affected by the appeal.

924
01:37:33,340 --> 01:37:56,780
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.

925
01:37:56,780 --> 01:38:05,660
I have a series of questions that concerns that I have for this.

926
01:38:08,500 --> 01:38:13,040
As I said, that they were going to mix the concrete on site.

927
01:38:14,460 --> 01:38:23,720
While if you're bringing in four pallets of pre-mix bagged cement to mix,

928
01:38:23,720 --> 01:38:30,380
you still have to have water. There's a lot of waste, the bags, the pellets, everything that are

929
01:38:31,580 --> 01:38:35,960
associated with bringing it in pallet. If they're mixing it from the components,

930
01:38:36,860 --> 01:38:41,920
you've got sand trucks, gravel trucks, cement trucks, steel trucks, because all this

931
01:38:41,920 --> 01:38:49,840
precast is full of steel and mesh. You have garbage trucks coming in and out to haul the debris away.

932
01:38:50,840 --> 01:38:53,720
You're going to have forklifts or a crane truck.

933
01:38:54,720 --> 01:38:57,780
No, you probably have to have a loader of some sorts.

934
01:38:58,860 --> 01:39:04,100
If you've got a sand truck coming in with a dump of sand, you've got to pick it up

935
01:39:04,100 --> 01:39:05,420
and move it inside the building.

936
01:39:05,680 --> 01:39:13,720
So you've got some kind of a skid steer or whatever moving that sand and gravel and the cement

937
01:39:13,720 --> 01:39:14,380
everything.

938
01:39:14,380 --> 01:39:25,400
All has to be moved into the building, then you're mixing it on site with water to create the mix itself.

939
01:39:26,500 --> 01:39:33,380
Once that's done, all that equipment has to be washed out and cleaned because you can't leave cement in there,

940
01:39:33,500 --> 01:39:39,560
or it's just going to harden, then you're jack hammering it loose, and you've got the waste associated with that.

941
01:39:39,560 --> 01:39:51,900
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.

942
01:39:53,200 --> 01:40:02,120
You've got the delivery trucks that are bringing the materials in and the finished product taking it out.

943
01:40:02,120 --> 01:40:10,340
None of it will actually be conducive to agricultural or local business.

944
01:40:11,140 --> 01:40:12,660
It's all exterior.

945
01:40:14,840 --> 01:40:21,900
These trucks all come in by highway either through on 5-6-4 through from the east, from

946
01:40:21,900 --> 01:40:28,880
highway 9, which is stated before is a nasty intersection, are coming from the west from

947
01:40:28,880 --> 01:40:29,740
city area.

948
01:40:29,740 --> 01:40:35,120
And the access driveway to the property is just over the crest of a hill.

949
01:40:36,380 --> 01:40:39,920
So, as you come into that, it is a 70-kilometer zone,

950
01:40:40,240 --> 01:40:45,420
and it's not typically enforced to the point where speeds are 70.

951
01:40:45,920 --> 01:40:48,180
We've lived there for over 30 years,

952
01:40:48,880 --> 01:40:53,560
and the speed of the vehicle is going through there is not always 70.

953
01:40:55,120 --> 01:41:02,020
The building that they're proposing to use is on the north side of the property, right

954
01:41:02,020 --> 01:41:10,740
across the fence line from what's designated in the area structure plant as future developments.

955
01:41:11,000 --> 01:41:17,600
There's already been two subdivisions proposed for that area that have been turned out based

956
01:41:17,600 --> 01:41:25,620
on the area structure plan as being that as a future area that I believe it was the fourth

957
01:41:26,160 --> 01:41:31,640
section of the area structure plan to be developed, not the first.

958
01:41:32,640 --> 01:41:39,080
I was on the committee that created that area structure plan many years ago, so I kind

959
01:41:39,080 --> 01:41:41,040
partial to keep in it intact.

960
01:41:45,080 --> 01:41:51,440
When you work with concrete and pouring concrete, I've done a little bit of it more

961
01:41:51,440 --> 01:41:57,280
for personal use than professional, but the forms all have to be sprayed down with

962
01:41:57,280 --> 01:42:03,880
some type of a release agent to get the concrete out of it once it sets up.

963
01:42:04,920 --> 01:42:12,660
typically concrete is I believe 27 to 29 days to cure. So it's not something you can

964
01:42:12,660 --> 01:42:18,200
pour today, leave it set for a day, put it out in storage and haul it away. It needs

965
01:42:18,200 --> 01:42:26,080
curing time for the concrete to set out. And when you make concrete and to pour in a

966
01:42:26,080 --> 01:42:32,040
mold, you might need a cubic meter. You're going to mix a little more because if you

967
01:42:32,040 --> 01:42:40,800
short that creates big problems and structural integrity of the mix. So the access that you

968
01:42:40,800 --> 01:42:49,190
create so that you don't run short usually just get stumped. Concrete facilities where they're

969
01:42:50,720 --> 01:42:57,940
building this precast. I've been in them worked around them for years. They're very dirty, dusty

970
01:42:57,940 --> 01:43:08,380
And they're not sanitary environments, so the indoors, yeah, it'll be better, it'll be good, no.

971
01:43:10,140 --> 01:43:18,980
So myself and most of my neighbors that I'm aware of are not in support of this business at all.

972
01:43:19,420 --> 01:43:20,880
Thank you.

973
01:43:21,100 --> 01:43:26,600
Thank you, Mr. Gillespie, for your presentation. Does the board have any questions for Mr. Gillespie?

974
01:43:27,940 --> 01:43:30,080
Seeing none, thank you very much so you can be seated.

975
01:43:34,890 --> 01:43:37,090
And when last time, as a third call,

976
01:43:37,310 --> 01:43:39,210
is there anyone in the audience who wishes

977
01:43:39,210 --> 01:43:41,370
to speak in opposition to the appeal?

978
01:43:44,050 --> 01:43:46,030
Seeing no one, thank you very much.

979
01:43:47,250 --> 01:43:49,030
The board will now have a quick recess

980
01:43:49,030 --> 01:43:52,590
to review submissions and determine if the board has any further questions.

981
01:43:53,330 --> 01:43:55,710
The recess will also give the appellant time

982
01:43:55,710 --> 01:43:57,550
to put together a rebuttal.

983
01:43:58,490 --> 01:44:01,410
As a reminder, a rebuttal can only be in direct response

984
01:44:01,410 --> 01:44:03,310
to the submissions made as part of the hearing

985
01:44:03,310 --> 01:44:05,590
and cannot introduce any new evidence.

986
01:44:06,810 --> 01:44:12,790
Is 10 minutes sufficient time to prepare a rebuttal in seeing an acknowledgement?

987
01:44:13,370 --> 01:44:20,410
The board will now take a quick 10-minute recess and reconvene at 5 minutes past.

988
01:44:20,410 --> 01:44:24,770
No, five minutes to 11. Thank you.

989
01:56:47,940 --> 01:56:53,300
I call this development and subdivision board hearing back to order.

990
01:56:58,790 --> 01:57:00,850
Before we get to the

991
01:57:00,850 --> 01:57:05,830
reply to all the board does have a couple clarifying questions to ask.

992
01:57:08,340 --> 01:57:09,300
Member Primney.

993
01:57:11,540 --> 01:57:16,840
Through the chair to the development authority. I just have a question about the ASP. There was talked about

994
01:57:16,840 --> 01:57:20,900
few times here in this hearing, the transitional area.

995
01:57:21,100 --> 01:57:25,060
So this property is in the transitional area of ESP.

996
01:57:25,440 --> 01:57:30,020
So what that exactly means, what kind of users can come there

997
01:57:30,020 --> 01:57:32,360
and what is it intended for?

998
01:57:40,630 --> 01:57:41,530
Through the chair.

999
01:57:42,770 --> 01:57:47,010
So the ESP gives different line-used districts

1000
01:57:47,010 --> 01:57:50,670
to the plan area that's to the parcel

1001
01:57:50,670 --> 01:57:52,410
located within the plan area boundary.

1002
01:57:52,410 --> 01:58:03,310
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.

1003
01:58:04,490 --> 01:58:08,250
It doesn't specifically say what uses or which kind of uses.

1004
01:58:09,150 --> 01:58:22,270
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.

1005
01:58:22,270 --> 01:58:27,650
commercial area or agriculture transition area on site specific basis. So they would still

1006
01:58:27,650 --> 01:58:33,350
have to be compatible with ages inside in the context of the area.

1007
01:58:33,610 --> 01:58:34,890
Thanks for that.

1008
01:58:38,090 --> 01:58:39,230
Members for our.

1009
01:58:39,850 --> 01:58:43,710
Thank you. My question is actually to the appellant, please.

1010
01:58:49,090 --> 01:58:49,850
Thank you.

1011
01:58:50,850 --> 01:58:57,710
I just have a few more questions about the materials involved in making these stairs

1012
01:58:57,710 --> 01:59:05,190
and window wells. So there's concrete involved, and I understand that's a mixture of what comes

1013
01:59:05,190 --> 01:59:15,630
in bags plus water. What else is involved? There must be some steel or mesh or other things.

1014
01:59:22,340 --> 01:59:28,680
Through the chair, Andrew Elmer with paradigm consultants, there's aggregate, there's sand,

1015
01:59:29,160 --> 01:59:34,880
there can be some steel mesh. Like you said. Okay, and how are they delivered?

1016
01:59:36,520 --> 01:59:41,900
Through the chair, those will be delivered similarly as we've discussed, it'll be trucks arriving.

1017
01:59:43,160 --> 01:59:48,440
Again, that doesn't necessarily mean it's its own trip. They can coordinate with the trucks coming

1018
01:59:48,440 --> 01:59:51,740
to do pickups and also be delivering materials at the same time.

1019
01:59:51,740 --> 01:59:58,440
And how will they get from the back of the truck into the warehouse?

1020
02:00:00,860 --> 02:00:07,900
Through the chair, depending on the size they can either be backed in and offloaded, or it can be dumped and moved in via

1021
02:00:07,900 --> 02:00:15,420
skid steer. So there'll be a skid steer on site? There'll be a skid steer on site, yes. And where will

1022
02:00:15,420 --> 02:00:23,340
that be parked? That can be parked within the arena. And then we've also heard that the water is going

1023
02:00:23,340 --> 02:00:28,700
be stored on site, what are the size of those holding tanks?

1024
02:00:30,060 --> 02:00:33,520
Through the chair, I don't have specific sizes for those tanks.

1025
02:00:34,620 --> 02:00:37,460
I, for my understanding, they still need to be purchased, so they can set up their operation

1026
02:00:38,400 --> 02:00:44,660
there, but it'll be, you know, enough that will, that can support, you know, trucks showing

1027
02:00:44,660 --> 02:00:49,040
up every few weeks to keep those daily visits low.

1028
02:00:52,100 --> 02:00:57,440
I would actually like to know the size, the capacity of those tanks that they're proposing.

1029
02:01:05,400 --> 02:01:10,820
Through the chair, so it would be two holding tanks, 1,150 gallons.

1030
02:01:13,520 --> 02:01:18,240
Okay, so do we know what that cubic size is?

1031
02:01:18,440 --> 02:01:19,660
No, not to worry.

1032
02:01:19,660 --> 02:01:28,170
a large and and they they would be delivered and moved into the

1033
02:01:30,150 --> 02:01:34,610
warehouse area into the manufacturing area they'd be stored in there or

1034
02:01:34,610 --> 02:01:44,620
correct inside the writing arena mm-hmm okay and um I had another question sorry it's gone

1035
02:01:44,620 --> 02:01:48,560
come back to you. Thank you, Member Permie.

1036
02:01:50,640 --> 02:01:55,080
Through the chair, I have a question regarding the

1037
02:01:55,080 --> 02:02:02,640
waste water or any waste that's produced during the manufacturing process. How's the waste handled

1038
02:02:04,260 --> 02:02:11,420
in the situation? Through the chair, the waste is collected via a pit in the writing arena

1039
02:02:12,380 --> 02:02:16,460
for the wash out, the farms out to be washed, different areas out of things out to be washed.

1040
02:02:16,700 --> 02:02:23,680
We run off collected there and from there it gets cleaned out, scooped out and it will be disposed of offsite.

1041
02:02:24,820 --> 02:02:28,520
So there's no waste getting disposed off on site, disgating offsite.

1042
02:02:29,660 --> 02:02:33,600
Correct, it gets transported to a proper land transfer or dump.

1043
02:02:35,280 --> 02:02:37,800
I know you mentioned four to five stairs.

1044
02:02:37,800 --> 02:02:42,580
I just want to double check, is it per week or per day?

1045
02:02:43,180 --> 02:02:46,920
Four to five sets of staircases per week, or week.

1046
02:02:47,440 --> 02:02:48,720
How big are these staircases?

1047
02:02:50,180 --> 02:02:50,700
Through the chair.

1048
02:02:51,940 --> 02:02:56,040
I can bolt the picture again, but they're typically for a residential home,

1049
02:02:56,700 --> 02:03:00,000
and they are, you know, what was that, three, four or five steps?

1050
02:03:01,520 --> 02:03:03,120
Yeah, we saw the picture. Thank you for that.

1051
02:03:07,500 --> 02:03:08,260
Member for our.

1052
02:03:08,680 --> 02:03:09,300
Thank you.

1053
02:03:09,540 --> 02:03:10,700
Thank you.

1054
02:03:10,700 --> 02:03:18,780
You mentioned that there is a pit folk for waste. Is that built already or are you putting that in?

1055
02:03:20,300 --> 02:03:22,100
Through the chair, no, it does not yet built.

1056
02:03:23,280 --> 02:03:27,260
Okay, I would be looking for a development permit for that.

1057
02:03:27,700 --> 02:03:34,240
Through the chair, so that would be a building services or building permit.

1058
02:03:34,580 --> 02:03:37,080
So similar to the track that was mentioned earlier, that will be the process.

1059
02:03:37,280 --> 02:03:38,520
They have to go through for that.

1060
02:03:40,100 --> 02:03:41,060
Thank you.

1061
02:03:41,300 --> 02:03:44,800
Does the development authority have any knowledge of this pit?

1062
02:03:48,160 --> 02:03:48,920
It's worth a chair.

1063
02:03:48,920 --> 02:03:49,800
No, we do not.

1064
02:03:50,440 --> 02:03:58,720
Is there anything within the land use by laws that permits the use of a pit in this sort of use?

1065
02:04:11,250 --> 02:04:13,190
No, not in the, sorry, through the chair.

1066
02:04:13,350 --> 02:04:16,470
No, not in the land use by law about the pit.

1067
02:04:20,770 --> 02:04:24,690
To the chair, we don't have any knowledge of that right now.

1068
02:04:24,690 --> 02:04:29,810
And we'd have to work with our internal teams to assess whether that would be allowed in what the requirements are.

1069
02:04:30,070 --> 02:04:30,970
Thank you.

1070
02:04:33,660 --> 02:04:34,540
Member Dunn.

1071
02:04:36,060 --> 02:04:37,380
Thank you through the chair.

1072
02:04:37,660 --> 02:04:41,100
Only pardon me my question is for the development authority.

1073
02:04:47,020 --> 02:04:48,320
Really too enforcement.

1074
02:04:49,900 --> 02:04:55,780
I had thought that the reason for the enforcement request complaint was that the business was already running,

1075
02:04:55,960 --> 02:04:57,240
but it sounds like it's not.

1076
02:04:57,980 --> 02:05:01,880
So what was the complaint that brought enforcement out?

1077
02:05:05,530 --> 02:05:11,030
Thank you through the chair to member Dunn, so the concern was that there may be some kind

1078
02:05:11,030 --> 02:05:14,110
of commercial activity occurring on the lands because there was some truck scene, concrete

1079
02:05:14,110 --> 02:05:19,770
trucks, so the officer attended to observe to see if there was commercial activity or a business

1080
02:05:19,770 --> 02:05:26,450
and at that time it was in January. It was explained to him the trucks were for laying the

1081
02:05:26,450 --> 02:05:32,010
concrete pad in that accessory building as the appellant described. And that's all. Correct.

1082
02:05:32,010 --> 02:05:34,970
Okay. Thank you.

1083
02:05:37,160 --> 02:05:43,160
Thank you. Any further questions from the board? Seeing none? Now is the time

1084
02:05:43,160 --> 02:05:47,920
for the Appellants Rebuttal? Please remember that the Rebuttal can only be in direct response

1085
02:05:47,920 --> 02:05:53,120
to submissions made as part of today's hearing and cannot introduce any new evidence.

1086
02:05:58,060 --> 02:06:02,700
Through the chair to the board members. Thank you. Just prior to going on.

1087
02:06:02,700 --> 02:06:05,100
or should I do need you to introduce yourself again?

1088
02:06:05,400 --> 02:06:06,760
Yes, Andrew, I'm over with here.

1089
02:06:06,900 --> 02:06:07,340
I'm consultants.

1090
02:06:07,680 --> 02:06:08,380
Thank you, sir.

1091
02:06:10,060 --> 02:06:12,020
So yeah, I think we'd like to just address

1092
02:06:12,020 --> 02:06:13,420
a couple of things that we heard.

1093
02:06:14,260 --> 02:06:17,920
I think our initial presentation did cover a lot

1094
02:06:17,920 --> 02:06:19,180
of the concerns that were raised.

1095
02:06:20,000 --> 02:06:21,520
But a couple of things that we heard

1096
02:06:21,520 --> 02:06:24,980
again, some photos that were shown regarding tenant issues

1097
02:06:24,980 --> 02:06:27,500
and or sorry, the whole issues

1098
02:06:27,500 --> 02:06:29,060
and seeing a car parked up front.

1099
02:06:29,320 --> 02:06:31,400
Again, this property was purchased back

1100
02:06:31,400 --> 02:06:32,860
in the fall of 2025.

1101
02:06:34,020 --> 02:06:36,340
At that time, when they took possession of it,

1102
02:06:36,440 --> 02:06:37,920
there were tenants living on the property.

1103
02:06:38,780 --> 02:06:40,360
The land owners did have to go through a process

1104
02:06:40,360 --> 02:06:42,040
and through the courts to get that tenant

1105
02:06:42,040 --> 02:06:44,220
convicted that took a lot of time.

1106
02:06:45,020 --> 02:06:47,800
And the home is being used as a residence,

1107
02:06:47,940 --> 02:06:50,720
but there's also significant amount of now work

1108
02:06:50,720 --> 02:06:53,500
and renovations that need to happen in that home

1109
02:06:53,500 --> 02:06:54,960
due to previous tenants.

1110
02:06:56,780 --> 02:06:59,400
The other item that was brought up a couple times

1111
02:06:59,400 --> 02:07:04,340
was in chat, or sorry, discussion around the ASP and the MDP.

1112
02:07:05,320 --> 02:07:10,600
We're not suggesting changing the intention of the area's structure plan, the area's structure

1113
02:07:10,600 --> 02:07:13,920
plan guides planning in the area.

1114
02:07:14,260 --> 02:07:16,480
We're not suggesting changing the land use for this.

1115
02:07:16,480 --> 02:07:18,400
This is an agricultural general parcel.

1116
02:07:19,820 --> 02:07:24,000
We are proposing a home-based business, which is, which is, again, it's an accessory

1117
02:07:24,000 --> 02:07:27,520
use for the dwelling or their accessory buildings on the site.

1118
02:07:27,920 --> 02:07:28,780
We're not changing the...

1119
02:07:30,000 --> 02:07:32,680
For the land you sewn off this property.

1120
02:07:34,740 --> 02:07:39,140
The MDP, as well as brought up, speaking towards dedicated

1121
02:07:39,140 --> 02:07:46,140
growth areas. Again, this isn't a growth area, but we're not proposing growth. This is, again,

1122
02:07:46,220 --> 02:07:52,700
a home-based business. It is a accessory use of the dwelling. I'll mention briefly, there

1123
02:07:52,700 --> 02:07:57,820
was a petition mentioned, 400, some people signed up. I don't really want to get into this too far,

1124
02:07:57,820 --> 02:08:03,320
But obviously, when you look at it, there's people from a lot of different places signing

1125
02:08:03,320 --> 02:08:11,260
on there that don't seem to be incredibly tied to this particular area from Calgary, Toronto,

1126
02:08:12,020 --> 02:08:14,820
there was international areas.

1127
02:08:15,780 --> 02:08:17,800
So we move on from that.

1128
02:08:18,500 --> 02:08:23,980
The other thing that, just again, it's a common theme that there's this idea that with

1129
02:08:23,980 --> 02:08:32,980
approval is this now becomes an industrial parcel and an industrial facility is not wanted

1130
02:08:32,980 --> 02:08:40,520
in this area. This is not an industrial large-scale operation that's being proposed. This is

1131
02:08:40,520 --> 02:08:47,820
defined to a home-based business with very specific parameters that are assigned that are then

1132
02:08:47,820 --> 02:08:53,960
enforced with very reasonable conditions. There are mechanisms in place. There we have

1133
02:08:53,960 --> 02:08:59,260
compliance officers have gone to work with the previous lab here.

1134
02:09:00,400 --> 02:09:03,880
There's reasons and there's mechanisms to keep that in place.

1135
02:09:05,000 --> 02:09:08,620
It's easy to say that because this is concrete, the word,

1136
02:09:09,000 --> 02:09:11,640
that there's a host of impacts and there are some impacts,

1137
02:09:12,280 --> 02:09:16,600
but they're not to the scale that is I think being thrown around here.

1138
02:09:16,660 --> 02:09:19,880
Again, we're talking about a single set of stairs that is being produced

1139
02:09:19,880 --> 02:09:23,480
produced today and the impacts that come along with that.

1140
02:09:25,160 --> 02:09:30,480
That's all we have to say here if if there's any other questions or we're happy to have to stick around.

1141
02:09:31,700 --> 02:09:33,800
Thank you for your presentation, Mr. Omer.

1142
02:09:37,730 --> 02:09:44,890
In seeing no further questions, I do have while you're standing one last question, sir.

1143
02:09:46,190 --> 02:09:51,090
Do you use the appellant feel that you've had a fair opportunity to present your evidence to the board today?

1144
02:09:52,330 --> 02:09:53,410
Through the chair, yes I do.

1145
02:09:53,410 --> 02:10:03,070
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.

1146
02:10:03,650 --> 02:10:06,330
Thank you to everybody for your time and presentations today.

1147
02:10:16,740 --> 02:10:26,440
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.

1148
02:10:26,940 --> 02:10:29,640
And we'll reconvene at quarter after 11. Thank you.

1149
02:20:29,230 --> 02:20:41,090
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.

1150
02:20:42,330 --> 02:20:48,270
This hearing is live streamed in video recorded for the public. No recordings may take place except for the clicks recordings.

1151
02:20:49,370 --> 02:20:56,870
For the benefit of all parties, please state your name before speaking. All questions and comments must be directed through me, the chair.

1152
02:20:57,830 --> 02:21:04,870
presentations are to be respectful of all parties. And just as a pre-warning to all parties,

1153
02:21:05,030 --> 02:21:11,010
given the length of the prior hearing, there is a threat that we may have to have a quick

1154
02:21:11,010 --> 02:21:16,970
lunch break in the middle of this hearing. Depending on the length of the speaking and how

1155
02:21:16,970 --> 02:21:21,190
we're doing, we'll address that with everyone trying to ensure everyone's comfortable.

1156
02:21:21,190 --> 02:21:24,590
Will the clerk please introduce the appeal?

1157
02:21:26,860 --> 02:21:32,180
Through the chair, today's appeal is an appeal against the development permits to

1158
02:21:32,180 --> 02:21:37,240
sit development authorities decision to conditionally approve a development permit application

1159
02:21:37,960 --> 02:21:43,500
for single-lot-regrading and placement of clean fill for construction of a berm commenced

1160
02:21:43,500 --> 02:21:44,500
without permits.

1161
02:21:45,060 --> 02:21:47,560
Located at four, Cody Range Way,

1162
02:21:48,060 --> 02:21:52,060
lot six, block two, plan 95, 11789,

1163
02:21:52,640 --> 02:21:55,780
Southeast 31, 25, to west of the fifth.

1164
02:21:57,440 --> 02:21:58,280
Thank you very much.

1165
02:21:58,740 --> 02:22:00,420
Members of this board are appointed by Rocky

1166
02:22:00,420 --> 02:22:03,300
of you County's Council and are not employees of the county.

1167
02:22:04,040 --> 02:22:06,440
The board functions as an independent tribunal.

1168
02:22:07,080 --> 02:22:08,580
The board's mandate is to ensure

1169
02:22:08,580 --> 02:22:11,460
that all parties receive a fair and impartial hearing.

1170
02:22:11,460 --> 02:22:15,680
Report members, please introduce themselves beginning on my right.

1171
02:22:20,970 --> 02:22:22,610
Terminator per me, member at Lodge.

1172
02:22:25,010 --> 02:22:26,670
Pips the horror member at Lodge.

1173
02:22:33,570 --> 02:22:35,710
Dustin Bunny, member of large.

1174
02:22:39,200 --> 02:22:40,560
Why are we done member at large?

1175
02:22:41,480 --> 02:22:44,920
Thank you. Does any board member have a conflict of interest to disclose?

1176
02:22:46,760 --> 02:22:51,140
In seeing none to that end, does anyone affected by the appeal

1177
02:22:51,140 --> 02:22:54,620
of any of these board members hearing and deciding the appeal?

1178
02:22:56,420 --> 02:23:03,620
In seeing no objections, we can proceed. Before we proceed, does anyone have any preliminary matters the board should be aware of?

1179
02:23:04,900 --> 02:23:08,120
In seeing none, we can carry on.

1180
02:23:08,840 --> 02:23:12,800
In addition to the verbal evidence and submissions the board will hear today, the board

1181
02:23:12,800 --> 02:23:15,340
has received materials in advance of today's hearing.

1182
02:23:16,000 --> 02:23:18,540
To the clerk, can you please list these materials?

1183
02:23:19,840 --> 02:23:23,800
Through the chair, the materials for today's hearing are the notice of appeal, the notice

1184
02:23:23,800 --> 02:23:29,960
of hearing, the development authority report, the development authority presentation, letters

1185
02:23:29,960 --> 02:23:33,060
in opposition of the appeal, and the applicant submission.

1186
02:23:34,440 --> 02:23:39,900
Thank you. Materials marked as exhibits are used by the board to help make its decision.

1187
02:23:40,560 --> 02:23:44,320
Are there any objections to the board accepting these materials as exhibits?

1188
02:23:46,850 --> 02:23:51,550
In seeing no objection, the board will mark these materials as exhibits on the board's record.

1189
02:23:53,350 --> 02:23:58,150
Does anyone in attendance plant present materials that are not on the exhibit list?

1190
02:24:00,270 --> 02:24:03,030
In seeing none, we can proceed.

1191
02:24:04,710 --> 02:24:07,690
The Board's process for the hearing is as follows.

1192
02:24:08,090 --> 02:24:10,490
Presentations will be provided in the following order.

1193
02:24:11,090 --> 02:24:13,010
First, we will hear from the development authority.

1194
02:24:13,730 --> 02:24:15,290
Next, from the Appellants.

1195
02:24:15,950 --> 02:24:18,230
Then, from anyone who is affected by the appeal.

1196
02:24:18,770 --> 02:24:21,230
Those in support of the appeal will speak first.

1197
02:24:21,650 --> 02:24:24,670
Followed by those in opposition of the appeal, starting with the applicant.

1198
02:24:25,750 --> 02:24:30,070
The Appellant will have an opportunity to provide a rebuttal if one is so desired.

1199
02:24:30,070 --> 02:24:36,070
The Board will ask questions throughout the hearing, following all presentations, the Board will

1200
02:24:36,070 --> 02:24:40,110
recess to consider the evidence in private to determine if the board has enough information

1201
02:24:40,110 --> 02:24:45,370
to close the hearing. Does anyone have any objections to the outline process?

1202
02:24:47,310 --> 02:24:50,730
Seeing none may I please have the development authority present?

1203
02:25:00,960 --> 02:25:05,340
Good morning, subdivision development appeal board, Arshiyah Kari, presenting on item B2,

1204
02:25:05,340 --> 02:25:06,560
We have planning services.

1205
02:25:08,360 --> 02:25:26,260
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.

1206
02:25:26,260 --> 02:25:31,880
The subject site is located within Phase 2 of Cori Range Subdivision in Beersfall.

1207
02:25:32,360 --> 02:25:38,540
These surrounding area consists of primarily of similar size country residential parcels as well.

1208
02:25:40,570 --> 02:25:47,650
The development permit application was submitted as a result of an enforcement order and was received by the county on May 21, 2025.

1209
02:25:48,390 --> 02:25:53,790
Stripping and grading activities are considered discretionary use in all land use districts and required development permit.

1210
02:25:53,790 --> 02:25:57,530
under section 157 of the county's land use file law.

1211
02:25:58,250 --> 02:26:05,670
The application proposed single lottery grading for the construction of a firm along the south and west property lines.

1212
02:26:06,710 --> 02:26:11,170
The purpose of the firm was to address safety concerns and provide providing noise

1213
02:26:11,170 --> 02:26:13,510
abatement for the residential parcel.

1214
02:26:15,150 --> 02:26:22,150
At the time the application was submitted, the work had already been completed between April 11 and April

1215
02:26:22,150 --> 02:26:29,650
12 of 2025. As part of the work, the existing top-solid was stripped and stockpiled on the site,

1216
02:26:30,030 --> 02:26:36,050
the existing soil was then redistributed towards the south and west portions of the site to create a

1217
02:26:36,050 --> 02:26:41,130
berm. No additional film material was bought into the site and no hauling activities

1218
02:26:41,130 --> 02:26:46,930
occurred other than the landscape contractor bringing in their equipment to carry the work.

1219
02:26:47,970 --> 02:26:53,210
Once the grading was completed, the stockpile top-solve was then redistributed on the site

1220
02:26:53,210 --> 02:26:57,070
and the disturbed areas and the berm was subsequently hydroceded.

1221
02:27:02,000 --> 02:27:06,600
As the work had already been completed, prior to submission of the development permit application,

1222
02:27:06,940 --> 02:27:13,040
pre and post grading plans were not available for review, historical subdivision grading plans,

1223
02:27:13,460 --> 02:27:17,560
and as bill grading information for the subject site were also not available.

1224
02:27:17,560 --> 02:27:23,360
As a result, administration was unable to establish the original site grades or assess

1225
02:27:23,360 --> 02:27:29,200
restoration to the restoration of the site to its pre-construction condition.

1226
02:27:31,700 --> 02:27:37,340
Given these circumstances, administration's review focus on whether the completed work could

1227
02:27:37,340 --> 02:27:42,080
remain in place without creating adverse impacts to potential to the age-use and properties

1228
02:27:42,760 --> 02:27:44,900
drainage patterns or municipal infrastructure.

1229
02:27:48,710 --> 02:27:53,870
During the review, administration identified that the proposed BIRM encroaches into a registered

1230
02:27:53,870 --> 02:28:01,030
utility right-of-way under instrument number 951172587 for which county is one of the listed

1231
02:28:01,030 --> 02:28:07,030
grantees. To assess the potential impacts of the encroachment, administration requested a site

1232
02:28:07,030 --> 02:28:12,130
specific implementation plan or an SSIP, which confirms that the BIRM would not result in

1233
02:28:12,130 --> 02:28:17,170
adverse drainage impacts to the subject site or ages in parcel, and that the existing drainage

1234
02:28:17,170 --> 02:28:18,390
function would be maintained.

1235
02:28:19,650 --> 02:28:23,690
Administration also conducted multiple site inspections to verify the information provided,

1236
02:28:24,210 --> 02:28:28,550
and no drainage concerns or impacts on adjacent properties, or any infrastructure were observed.

1237
02:28:32,840 --> 02:28:37,320
The site inspections were conducted in October 2025 and in August of 2026.

1238
02:28:38,380 --> 02:28:44,100
The photographs shown demonstrate the completed and vegetative berm, as well as the existing drainage ditch,

1239
02:28:44,120 --> 02:28:46,700
located along the south and west side of the site.

1240
02:28:46,700 --> 02:28:53,620
With the constructed berm located immediately adjacent to the ditch and within the utility right of way.

1241
02:28:59,350 --> 02:29:03,670
The application was circulated to multiple internal and external agencies for review.

1242
02:29:04,070 --> 02:29:07,610
Comments received were considered and conditions were included as applicable.

1243
02:29:08,410 --> 02:29:11,610
The notice of decision was issued on July 14 of 2026,

1244
02:29:12,450 --> 02:29:16,970
and in order for appeals subsequently received on August 4th of 2026.

1245
02:29:17,950 --> 02:29:23,330
I mean, no additional letters of support or opposition were received during the circulation or

1246
02:29:23,330 --> 02:29:25,030
appeal period at that time.

1247
02:29:27,490 --> 02:29:30,930
Administration would also like to know that there is an error relating to the overland

1248
02:29:30,930 --> 02:29:31,890
drainage right of way.

1249
02:29:32,370 --> 02:29:36,650
So the subject property is not conditioned to the physical overland drainage right of way,

1250
02:29:37,010 --> 02:29:40,690
requirements and is only affected by the utility right of way.

1251
02:29:42,270 --> 02:29:45,770
So there is an encroachment to the utility right of way and not the overland drainage right

1252
02:29:45,770 --> 02:29:53,110
And for the clarification, this can be found with a attachment C memorandum on page 51 of xb3.

1253
02:29:56,180 --> 02:29:58,780
This correction is only clerical in nature and does not exist.

1254
02:30:00,000 --> 02:30:06,180
Reveal support for the application. Administration is therefore also presenting a amended condition

1255
02:30:06,180 --> 02:30:14,820
for board's consideration as identified in attachment B on page 11 of Exhibit3. Administration

1256
02:30:14,820 --> 02:30:20,960
would like to request replacement of prior to release condition number 2 and 3, an addition of

1257
02:30:20,960 --> 02:30:24,820
permanent condition number 5, as highlighted in red within attachment.

1258
02:30:33,800 --> 02:30:35,040
Based on the technical review

1259
02:30:35,040 --> 02:30:39,940
completed bad menstruation, the constructed berm is not anticipated to resolve in adverse

1260
02:30:39,940 --> 02:30:44,780
drainage impacts to adjacent properties or municipal infrastructure. Accordingly, administration

1261
02:30:44,780 --> 02:30:49,120
conditionally approved the development permit applications object to completion of all

1262
02:30:49,120 --> 02:30:53,080
prior to release conditions. Should the board choose to approve the application,

1263
02:30:53,700 --> 02:30:57,460
administration would suggest attachment B, amended conditions for approval.

1264
02:30:58,740 --> 02:31:02,020
This concludes my presentation. We are available for any questions the board may have.

1265
02:31:02,020 --> 02:31:07,120
Thank you. Thank you, Ms. Carrey, for your presentation. Does the board have any questions?

1266
02:31:07,360 --> 02:31:08,420
Member Primi.

1267
02:31:10,780 --> 02:31:15,020
So, the chair to you, Ms. Carrey. You mentioned that you don't have the

1268
02:31:16,480 --> 02:31:19,920
original site creeds. There's a house that's on the property.

1269
02:31:21,400 --> 02:31:29,880
Was the county not able to find any RPR's grading plans from the house to determine what the previous

1270
02:31:29,880 --> 02:31:32,980
side crews were and where the current side crews are.

1271
02:31:33,500 --> 02:31:47,280
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.

1272
02:31:48,140 --> 02:31:54,900
And what the localized grading points are, therefore it was not able, we were not able to find those grades.

1273
02:31:55,600 --> 02:31:59,380
do we know the approximate height of the burn from the applicant or

1274
02:32:00,740 --> 02:32:02,160
either by your view?

1275
02:32:02,320 --> 02:32:06,520
Through the chair, yes, it is about 1.5 meters to 2 meters.

1276
02:32:07,240 --> 02:32:11,060
There was an existing burn, and because we did not have any grades,

1277
02:32:13,220 --> 02:32:17,240
as per the, as per the sections provided in the SSIP memo,

1278
02:32:17,600 --> 02:32:21,920
we took the height to be about 1.5 to 2 meters at maximum.

1279
02:32:21,920 --> 02:32:29,260
is it within the range of approved like I mean permitted berm heights?

1280
02:32:29,800 --> 02:32:34,580
Through the chair we do not have permitted berm heights in the land use by law.

1281
02:32:35,260 --> 02:32:39,060
We have fill heights, which restricts maximum of 1 meter,

1282
02:32:41,900 --> 02:32:44,120
which restricts maximum of 1 meter,

1283
02:32:44,300 --> 02:32:48,100
however it is over 1 meter, so a development permit would have anywhere being required.

1284
02:32:48,100 --> 02:32:53,280
So then we consider like higher

1285
02:32:55,780 --> 02:32:59,200
than what's required. So that means that they need a relaxation on this.

1286
02:33:00,120 --> 02:33:03,240
So a chair, no. It wouldn't necessarily trigger relaxation.

1287
02:33:04,140 --> 02:33:09,300
It would just, because stripping and grain is a discretionary use in all the land use districts.

1288
02:33:09,540 --> 02:33:14,020
So it would, it would just, it would just need a development permit.

1289
02:33:14,580 --> 02:33:15,760
Okay. Thank you.

1290
02:33:18,250 --> 02:33:21,830
Thank you through the chair.

1291
02:33:22,510 --> 02:33:28,070
So I might understand, I just want to clarify about the utility right of way, because that

1292
02:33:28,070 --> 02:33:30,690
it remains still encroached upon.

1293
02:33:31,630 --> 02:33:39,210
And if I understand you, you're saying that this prior to release is the real property report

1294
02:33:39,210 --> 02:33:45,130
showing that there is a, the berm encroaches on the register to utility right of way.

1295
02:33:46,190 --> 02:33:55,270
And then that if the utility right of ways required for road ditch maintenance or related municipal works,

1296
02:33:55,670 --> 02:34:00,530
the landowner shall at their sole cost and expense remove the encroachment, et cetera, et cetera.

1297
02:34:00,790 --> 02:34:02,610
Is that, that's what you were saying?

1298
02:34:03,310 --> 02:34:09,710
To the chair, yes, that is exactly what we meant with the, when we introduced those changes.

1299
02:34:09,710 --> 02:34:15,990
So, we would be approving, not approving, it would be subject to administration's review.

1300
02:34:18,350 --> 02:34:25,170
But once the RPR is reviewed by administration, we would approve it with a caveat in the development permit.

1301
02:34:25,250 --> 02:34:34,710
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.

1302
02:34:34,730 --> 02:34:37,170
We have that caveat noted in the development permit.

1303
02:34:37,170 --> 02:34:40,910
Okay, and just a follow up question through the chair if I may.

1304
02:34:41,670 --> 02:34:46,870
So when I think of utilities, I think of water and electricity and all of those things

1305
02:34:46,870 --> 02:34:50,670
is that included in that utility right of way?

1306
02:34:51,630 --> 02:34:55,670
To the chair, yes, there are other grantees listed under that agreement,

1307
02:34:56,230 --> 02:35:03,430
like I believe Rockview Water Co-op and other electrical utility providers.

1308
02:35:04,770 --> 02:35:09,710
and however, and rocky with County as well, because due to the maintenance of the ditch running

1309
02:35:09,710 --> 02:35:16,070
along the road. So yes, that is the utility right of way that is subject, that is for the

1310
02:35:16,070 --> 02:35:22,490
all the utility providers for the subject side. Okay, and just one more. So and all those authorities

1311
02:35:23,350 --> 02:35:30,990
are in agreement with this? Through a chair. So the file was circulated to all external agencies

1312
02:35:30,990 --> 02:35:40,170
And any other, if the county, it was county's position that we did not want to amend the agreement.

1313
02:35:40,930 --> 02:35:49,470
And we would be, we would be including that caveat in the development permit to address this encroachment.

1314
02:35:49,770 --> 02:35:57,670
However, if other utility providers do want to proceed with amendment that would be between the landowner and those utility providers.

1315
02:35:57,670 --> 02:36:03,670
It would need all the parties to sign off, however county did not choose to go that route.

1316
02:36:05,410 --> 02:36:07,670
And why was that?

1317
02:36:10,520 --> 02:36:13,200
Why did they choose to go the route they did?

1318
02:36:17,160 --> 02:36:17,680
That

1319
02:36:21,960 --> 02:36:35,760
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

1320
02:36:37,300 --> 02:36:52,200
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.

1321
02:36:52,740 --> 02:36:55,760
So we chose to just include it as a caveat at the moment.

1322
02:36:56,300 --> 02:36:57,900
Okay. Thank you.

1323
02:36:59,980 --> 02:37:00,660
Remember, primary

1324
02:37:06,200 --> 02:37:08,100
through

1325
02:37:10,460 --> 02:37:20,000
the chair, the SSIP, is it completed already, or is it a condition

1326
02:37:20,000 --> 02:37:24,580
that it has to be submitted, because I do not see in the report here so.

1327
02:37:30,000 --> 02:37:35,140
Through the chair to member Prämie, the SSIP was reviewed and approved by engineering.

1328
02:37:36,200 --> 02:37:36,420
Thanks.

1329
02:37:42,240 --> 02:37:43,440
Member Dunn.

1330
02:37:46,390 --> 02:37:47,370
Through the chair.

1331
02:37:48,630 --> 02:37:54,590
So just to be clear, under what conditions can a landowner normally build over a utility right

1332
02:37:54,590 --> 02:38:01,310
of way? And can you build a berm, but not a building, or how does that work?

1333
02:38:02,650 --> 02:38:09,890
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.

1334
02:38:10,830 --> 02:38:17,730
And not change anything, the grades or any kind of construction, other than just minor work that goes into maintenance.

1335
02:38:18,910 --> 02:38:32,850
However, this work was done prior and there was no information provided for pre, there was no pre-grading plans provided.

1336
02:38:33,670 --> 02:38:39,650
It was just difficult for us to know what the restoration option would look like.

1337
02:38:39,650 --> 02:38:48,050
And even though if somebody does want to build on a utility right of way, they would need to initially

1338
02:38:48,050 --> 02:38:52,530
before starting the work, work would need to get in touch with all the grantees and granterer

1339
02:38:52,530 --> 02:38:57,490
listed in that agreement and get approval and signed off. And once that is done, then they could

1340
02:38:57,490 --> 02:39:03,290
probably proceed with the work. So if there was a problem since that's already passed,

1341
02:39:03,290 --> 02:39:09,410
If there was a problem with any of the utilities, then who repairs and replaces them?

1342
02:39:09,490 --> 02:39:16,710
Who's responsible to go in and find whatever is wrong and go back out again and who pays for that work?

1343
02:39:18,070 --> 02:39:22,210
It would be the landowners, it would be at the landowners expense.

1344
02:39:22,930 --> 02:39:22,990
Sure.

1345
02:39:24,570 --> 02:39:25,510
Okay, thank you.

1346
02:39:31,000 --> 02:39:37,300
If I could go back in exhibit three page nine, if possible.

1347
02:39:42,810 --> 02:39:46,070
permanent condition number four,

1348
02:39:53,500 --> 02:39:58,060
page 9-72 of your presentation, report,

1349
02:40:11,340 --> 02:40:11,940
there we go.

1350
02:40:17,650 --> 02:40:24,530
Yeah, permanent condition number three in this draft, that prior to release conditions

1351
02:40:24,530 --> 02:40:31,930
have to be met by August 31st of this year, have all the conditions of, prior of release

1352
02:40:31,930 --> 02:40:35,510
been met or has an extension agreement been executed.

1353
02:40:36,530 --> 02:40:46,110
today being August 28th, 7th. The board's order won't come out prior to August 31st.

1354
02:40:48,930 --> 02:40:54,110
To let sure that would be August 31st of 2027 next year. Okay, so we still have some time.

1355
02:40:54,250 --> 02:40:59,270
Okay, thank you very much for that clarity. Any further questions from the board?

1356
02:41:01,270 --> 02:41:03,470
In seeing none, you can be seated. Thank you.

1357
02:41:11,060 --> 02:41:13,320
May I please have the appellant present?

1358
02:41:21,070 --> 02:41:25,870
I just needed to turn the mic on, sir, and introduce yourself.

1359
02:41:27,410 --> 02:41:28,130
Good morning.

1360
02:41:28,390 --> 02:41:32,910
Through the chair, my name is George Coots, and I represent the Church Ranch as Homeowners Association.

1361
02:41:35,750 --> 02:41:44,350
The construction of this berm was brought to the homeowner's attention on 9 April, 2025.

1362
02:41:44,350 --> 02:41:52,510
And our main concern, our restrictive governance, where the individual homeowners are responsible,

1363
02:41:52,670 --> 02:42:01,630
because it's on their title of the property that numbers 25, 26 and 29, state that,

1364
02:42:02,370 --> 02:42:06,390
no boundary of all walls, no elevation of the lot shall be changed.

1365
02:42:06,730 --> 02:42:09,270
No surface drainage system should be changed.

1366
02:42:09,270 --> 02:42:18,330
So, on the 9th of April, 2025, the homeowner, Mr. Cadair, advised the homeowner's association,

1367
02:42:19,190 --> 02:42:21,010
the burn was going to be erected.

1368
02:42:21,490 --> 02:42:28,770
That same evening, I advised the homeowner that this needs to be approval of the homeowner's

1369
02:42:28,770 --> 02:42:33,430
association and referenced the restrictive covenants.

1370
02:42:35,570 --> 02:42:42,050
The homeowner advised that the earth-moving equipment would not affect trees, water, or animal

1371
02:42:42,050 --> 02:42:42,810
traffic,

1372
02:42:44,900 --> 02:42:48,360
requested to meet in the morning and apologize for not getting the approval.

1373
02:42:50,460 --> 02:42:59,000
So, on the 16th of April, the homeowner advised that the earth works, I advise, sorry, I advise

1374
02:42:59,000 --> 02:43:03,600
the homeowner that the earth works is not acceptable and it has not been approved.

1375
02:43:07,190 --> 02:43:11,370
And we advised the homeowner that we would meet him that evening at 7pm.

1376
02:43:17,190 --> 02:43:21,890
On the 10th of April, the homeowner advised that only a small portion of the earth would

1377
02:43:21,890 --> 02:43:22,410
be removed.

1378
02:43:22,610 --> 02:43:27,630
He advised that the neighbors are aware of it and said they are supportive of this firm.

1379
02:43:29,030 --> 02:43:33,390
On the 11th of April, the homeowner advised that he had spoken to all the homeowner's

1380
02:43:33,390 --> 02:43:34,510
except for two.

1381
02:43:38,290 --> 02:43:47,890
And he would ask the homeowners association to send an email requesting that we ask them to confirm this, the homeowners.

1382
02:43:49,830 --> 02:43:51,210
On the 12th of April,

1383
02:43:53,810 --> 02:44:02,290
the committee, the homeowners committee, advised John that he needed to reread the restrictive covenants and understand them.

1384
02:44:04,750 --> 02:44:11,810
And it's not the homeowner's responsibility to get the neighbors approval, it's the homeowner's responsibility.

1385
02:44:13,290 --> 02:44:19,470
On the 14th of April of the same year, John advised that the topsoil would be added and he would prepare,

1386
02:44:20,250 --> 02:44:25,430
he would propose trees to be planted, and he said that once the grass was grown, it would be natural,

1387
02:44:27,130 --> 02:44:31,750
and he advised that his son Michael would collect the signatures of the homeowner's.

1388
02:44:37,420 --> 02:44:46,460
On the 16th April, the berm was completed, and the homeowner Mr. Guerrero said that 29

1389
02:44:47,300 --> 02:44:56,300
screws trees would be planted from 6 feet to 20 feet in length. On the 7th of May, I myself

1390
02:44:56,300 --> 02:44:58,560
Thank the homeowner for the trees schematic.

1391
02:45:00,000 --> 02:45:11,720
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.

1392
02:45:14,060 --> 02:45:24,820
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.

1393
02:45:26,260 --> 02:45:36,180
So, on the 20 second of April and 2026, I sent a letter to Mr. Cadair's son, the resident

1394
02:45:36,180 --> 02:45:41,060
of the home, requesting that the signatures and be returned.

1395
02:45:42,380 --> 02:45:48,220
And Mr. Cadair has said a formal esthetation at that station regarding the berm would

1396
02:45:48,220 --> 02:45:48,900
be sent.

1397
02:45:50,690 --> 02:46:01,610
and Mr. Kaderra sent an attestation stating that the homeowners had agreed no signatures and that's the conclusion of the presentation.

1398
02:46:02,470 --> 02:46:06,070
But I would like to just add one thing.

1399
02:46:07,030 --> 02:46:17,210
Quite often we get requests for developments within church branches and lots of times these requests go to Rockyview County prior to the homeowners.

1400
02:46:17,210 --> 02:46:24,850
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

1401
02:46:24,850 --> 02:46:33,750
You put in there in their in their project approval to ask the question when these are submitted have the homeowners approve this

1402
02:46:36,050 --> 02:46:37,010
This request

1403
02:46:38,190 --> 02:46:39,150
Thank you

1404
02:46:39,150 --> 02:46:46,250
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

1405
02:46:46,930 --> 02:46:49,570
You'd have to direct that through your area counselor.

1406
02:46:51,150 --> 02:46:51,450
Thank you.

1407
02:46:51,950 --> 02:46:54,870
Does the board have any questions for the presenter?

1408
02:46:55,310 --> 02:46:56,530
Member Prämie.

1409
02:46:58,510 --> 02:47:00,650
Through the chair.

1410
02:47:01,270 --> 02:47:02,690
Mr. George, I just have a question.

1411
02:47:02,910 --> 02:47:08,990
How does homeowner association enforcees if there's any changes like this that occurred in your neighborhood?

1412
02:47:10,290 --> 02:47:15,570
And if the homeowner gets signatures, does that means the HOA is acceptable to that change?

1413
02:47:15,570 --> 02:47:20,750
like I'm just trying to understand if the HOA follows any process in this regard.

1414
02:47:21,350 --> 02:47:27,090
Yeah, through the chair, if the homeowner would have come to the homeowner's association

1415
02:47:27,710 --> 02:47:35,610
first, we would have asked him to get the residents that are affected by this firm to get

1416
02:47:35,610 --> 02:47:36,390
their approval.

1417
02:47:36,810 --> 02:47:43,630
And if we received that approval in writing from the homeowner's, we would have then met

1418
02:47:43,630 --> 02:47:51,170
with the homeowner and disgusted and possibly this berm would have been approved without any

1419
02:47:52,130 --> 02:47:52,650
issue.

1420
02:47:53,630 --> 02:47:54,250
Thank you.

1421
02:47:54,850 --> 02:47:54,970
Thank you.

1422
02:47:54,970 --> 02:47:55,970
Well, that answers the question.

1423
02:47:56,190 --> 02:47:57,830
Thank you.

1424
02:47:58,190 --> 02:48:00,670
Any further questions from the board?

1425
02:48:02,150 --> 02:48:03,490
Seeing none, you can be seated, sir.

1426
02:48:03,750 --> 02:48:04,470
Thank you.

1427
02:48:04,610 --> 02:48:05,250
Thank you.

1428
02:48:09,650 --> 02:48:14,510
At this time is there anyone in the audience who wishes to speak in support of the appeal?

1429
02:48:16,080 --> 02:48:23,560
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?

1430
02:48:25,720 --> 02:48:30,740
And for a third call, is there anyone in the audience who wishes to speak in support of the appeal?

1431
02:48:31,840 --> 02:48:37,200
In seeing none, we can continue. May I please have the applicant present?

1432
02:48:45,450 --> 02:48:49,510
Good morning, Chair and Board members. Good morning, Cordara.

1433
02:48:51,070 --> 02:48:55,150
I appreciate the presentation by Mr. George Coots.

1434
02:48:56,670 --> 02:49:00,550
I don't have too much to say and I'm aware of the time as well.

1435
02:49:01,210 --> 02:49:09,630
I just want to give you a little bit of context as to kind of how this evolved my wife and I live in

1436
02:49:09,630 --> 02:49:16,150
trenches approximately two minutes, five minute walk from this

1437
02:49:16,150 --> 02:49:16,810
residents.

1438
02:49:19,290 --> 02:49:23,290
And the residents had been unoccupied for a couple of

1439
02:49:23,290 --> 02:49:30,790
years. We drive past it every day to get to our house. And if you're

1440
02:49:30,790 --> 02:49:39,610
familiar with church transit, it's two to four acre parcels homes. And

1441
02:49:39,610 --> 02:49:44,390
And this was always an eye sore, this house and a home depot bucket in the backyard.

1442
02:49:44,390 --> 02:49:46,230
You could see everything exposed.

1443
02:49:47,330 --> 02:49:51,190
And we thought wouldn't it be nice if someday somebody planted trees or did something?

1444
02:49:52,050 --> 02:49:58,570
Anyway, the day came when it was actually put up for sale and a foreclosure type of estate sale

1445
02:49:58,570 --> 02:50:06,450
and 48 hours to submit bids and our son, his wife and their three little kids were living

1446
02:50:06,450 --> 02:50:07,170
in this small house.

1447
02:50:07,170 --> 02:50:14,310
thought when this wonderful we have some means and so we purchased the house and the first thing

1448
02:50:14,310 --> 02:50:20,910
we did was to we said you know if we can just increase the burn by about three feet and just to give

1449
02:50:20,910 --> 02:50:28,690
you context we're not talking about a 20 foot burn we realized if we just increased it by about

1450
02:50:28,690 --> 02:50:35,470
three feet then it actually blocks when you're driving on the road it blocks the view of the of the

1451
02:50:35,470 --> 02:50:37,990
out of the backyard of the whole thing.

1452
02:50:38,270 --> 02:50:39,850
And for security, for the children,

1453
02:50:40,130 --> 02:50:41,750
because they're young children.

1454
02:50:42,770 --> 02:50:45,550
And just aesthetics for people driving by.

1455
02:50:46,310 --> 02:50:51,990
So the first thing we did, we contacted a depth landscaping.

1456
02:50:52,210 --> 02:50:53,930
They came, and they said, yeah, what we can do,

1457
02:50:54,090 --> 02:50:55,410
because you have a high point in the middle.

1458
02:50:55,930 --> 02:50:59,670
We can push all the existing dirt and put it

1459
02:50:59,670 --> 02:51:03,550
toward the inside of your property line by about three,

1460
02:51:03,550 --> 02:51:04,650
about three feet.

1461
02:51:06,250 --> 02:51:29,190
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?

1462
02:51:32,010 --> 02:51:37,630
The answer was kind of an answer, which now I understand, but I took that to mean we're okay.

1463
02:51:38,170 --> 02:51:45,290
And the contractor said, you know, we'll be fine, so we did it.

1464
02:51:45,950 --> 02:51:52,330
And then everything kind of happened from there, a law enforcement, a by-law officer,

1465
02:51:53,510 --> 02:52:00,250
stopped by and asked if we had a permit, and I said, no, we don't have a permit.

1466
02:52:01,130 --> 02:52:02,310
And that's where it is started.

1467
02:52:04,670 --> 02:52:09,190
The only other thing I don't want to take the time to read, I prepared a letter, but I'm

1468
02:52:09,190 --> 02:52:11,450
sure you've read it.

1469
02:52:14,050 --> 02:52:20,730
The only other thing I would like to just read, because we've had a lot of, oh, sorry, contacting

1470
02:52:20,730 --> 02:52:22,190
the neighbors.

1471
02:52:22,970 --> 02:52:28,830
So I personally, I don't know any of the people there, but I personally contact.

1472
02:52:30,560 --> 02:52:59,720
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.

1473
02:52:59,720 --> 02:53:06,680
this and that'd be great if you can create that berm. So everything seemed perfectly fine.

1474
02:53:07,380 --> 02:53:14,400
I made the huge mistake of not notifying the church rancher's home or association. I apologize

1475
02:53:14,400 --> 02:53:20,260
for that. I'm terrible at that. I've done that before when we put in our front gates in our

1476
02:53:20,260 --> 02:53:27,740
own house. I didn't notify them and I then I learned I should have. Anyway, so then I said,

1477
02:53:27,740 --> 02:53:33,880
Okay, well, they said, well, we want a signature from each of these eight, but my letter

1478
02:53:33,880 --> 02:53:39,880
by the way says 11 neighbors, there's eight that I talked to.

1479
02:53:39,960 --> 02:53:45,440
I think 11 is because 11 code your intro was one of the addresses, but I said, well,

1480
02:53:45,780 --> 02:53:50,660
okay, I'll try and go back to them because if you want written signatures, I didn't think

1481
02:53:50,660 --> 02:53:51,820
that that was required.

1482
02:53:53,160 --> 02:53:56,940
I started to, and it was the first one, it was very uncomfortable.

1483
02:53:56,940 --> 02:54:01,640
I had to again kind of go through until the gate was open, knock on their door.

1484
02:54:02,440 --> 02:54:10,040
People in true trenches are kind of private oriented, so I said, I'm really sorry, but I'm supposed

1485
02:54:10,040 --> 02:54:15,640
to get a signature, they were not like comfortable signing, I had a form that the HOA had

1486
02:54:15,640 --> 02:54:22,200
given me, because we just typically don't like to just sign things and so I said, you know,

1487
02:54:22,200 --> 02:54:26,840
I'm sorry, I don't want to disturb you. I'll take care of it.

1488
02:54:26,960 --> 02:54:29,720
So then I learned that I could just do in that

1489
02:54:29,720 --> 02:54:34,460
to the station where I swear that I have met with each of them.

1490
02:54:34,780 --> 02:54:39,000
And I suggested to the HOA, if you send them a letter, just an email,

1491
02:54:39,440 --> 02:54:41,580
because we get emails from the HOA all the time,

1492
02:54:41,740 --> 02:54:43,140
lost keys, lost cat.

1493
02:54:44,280 --> 02:54:46,660
If you can just send these 11, then the game, the addresses,

1494
02:54:47,240 --> 02:54:50,820
just send these 11 individuals an email, just to confirm that I did meet with them,

1495
02:54:50,820 --> 02:54:55,380
that they're okay with the burn and that would be a lot less intrusive and that's the story

1496
02:54:55,380 --> 02:54:56,500
with that.

1497
02:54:58,640 --> 02:55:03,380
That's all I got. Thank you. Thank you very much for your presentation, sir.

1498
02:55:03,540 --> 02:55:06,700
Does the board have any questions for the presenter?

1499
02:55:08,910 --> 02:55:11,450
In seeing none, you can be seated, sir. Thank you.

1500
02:55:18,790 --> 02:55:23,770
At this time, is there anyone in the audience who wishes to speak in opposition to the appeal?

1501
02:55:26,350 --> 02:55:31,730
Again, I am obligated to call this three times. For a second call, is there anyone in the audience who

1502
02:55:31,730 --> 02:55:38,110
to speak in opposition to the appeal. And fourth, third call is there anyone in the audience who

1503
02:55:38,110 --> 02:55:45,870
wishes to speak in opposition to the appeal. Seeing none, the board will now take a quick five minute

1504
02:55:45,870 --> 02:55:51,330
recess to review submissions and determine if the board has any further questions. This recess will

1505
02:55:51,330 --> 02:55:56,610
also give the appellant time to put together a rebuttal. A rebuttal can only be in direct response

1506
02:55:56,610 --> 02:56:06,120
to the submissions made as part of today's hearing is five minutes sufficient time to prepare

1507
02:56:06,120 --> 02:56:12,000
a rebuttal. The Board will now take a quick five minute recess and reconvening that roughly

1508
02:56:12,000 --> 02:56:15,140
five minutes past 12. Thank you.

1509
03:03:40,080 --> 03:03:44,700
The Board does not have any further questions at this time, and we will proceed to the

1510
03:03:44,700 --> 03:03:50,680
rebuttal. Now is the time for the Appellan s rebuttal. Please remember that the rebuttal can only

1511
03:03:50,680 --> 03:03:56,020
be in direct response to submissions made as part of the hearing and cannot introduce any new evidence.

1512
03:04:04,180 --> 03:04:09,680
Through the chair, I just want to put on record. Again, my name is George Coots. I just want to put on record

1513
03:04:09,680 --> 03:04:13,960
that the homeowner's association is not against his firm.

1514
03:04:14,700 --> 03:04:20,140
What we're against is not following the restrictive governance that are on the title

1515
03:04:21,380 --> 03:04:28,500
of the property, and also that the homeowner has stated that he would plant trees and maintain

1516
03:04:28,500 --> 03:04:30,740
the firm and we request that be done.

1517
03:04:31,340 --> 03:04:32,080
That's all I have.

1518
03:04:32,340 --> 03:04:32,940
Thank you.

1519
03:04:33,040 --> 03:04:34,000
Thank you, sir.

1520
03:04:35,820 --> 03:04:38,040
Any further questions from the board?

1521
03:04:39,610 --> 03:04:42,970
In seeing none, can I please have the

1522
03:04:42,970 --> 03:04:45,310
appellant come forward for one last question?

1523
03:04:50,500 --> 03:04:51,140
Thank you, sir.

1524
03:04:51,420 --> 03:04:53,580
Do you as the appellant feel that you have had a fair

1525
03:04:53,580 --> 03:04:56,320
opportunity to present your evidence to the board today?

1526
03:04:56,400 --> 03:04:57,120
Yes, sir.

1527
03:04:57,440 --> 03:04:59,760
Just need the mic to be turned on.

1528
03:05:00,580 --> 03:05:01,600
Through the gerious, sir.

1529
03:05:01,860 --> 03:05:02,980
Thank you very much, sir.

1530
03:05:04,300 --> 03:05:05,980
The board feels it has sufficient evidence

1531
03:05:05,980 --> 03:05:07,040
to close this hearing.

1532
03:05:07,120 --> 03:05:08,980
The hearing is now close and a written decision

1533
03:05:08,980 --> 03:05:10,780
will be issued within 15 days.

1534
03:05:10,980 --> 03:05:12,580
Thank you to everyone for your time.

1535
03:05:12,580 --> 03:05:14,080
and patients.