Board hears appeal on campground, micro-brewery

By Rob Vogt Local Press Writer
The Chinook Intermunicipal Subdivision and Appeal Board has heard an appeal on an application for a campground, recreational vehicle park and micro-brewery west of Claresholm and has 15 days to render a decision.
The board convened its hearing at the Municipal District of Willow Creek council chambers on April 6 where the applicant, municipality, and opponents could make their case.
The application was made by Adham Jaber for the development on 16.58 acres at NE-23-12-28-4 about five miles west of Claresholm.
A variety of concerns were expressed by adjacent landowners including increased noise, traffic and fire risk; campers trespassing on neighbouring lands; negative interactions with livestock; impact on native grasses and wildlife; water access; the impact on the water table; and others.
There was also some question about the process.
Jaber’s application went to the M.D.’s Municipal Planning Commission.
However, according to provisions in the Municipal Government Act, the M.D. had a specified amount of time to respond to his application.
That time passed so Jaber chose to consider the application deemed refused, and take it directly to appeal, without the municipal planning commission having considered it.
Consequently, the appeal board was the first time the development application was considered by an approval body.
The board was chaired by Evert Vandenberg and consisted of Alan Vaughn, Evert Van Essen, Lory Moore, and Howard Paulsen.
Jaber explained his vision is to re-purpose buildings left over from the site which was previously the Town of Claresholm’s water treatment plant on Willow Creek.
He wants to create a family retreat everyone can enjoy.
Jaber also noted that several concerns were raised during the process to re-zone the land.
He has attempted to address those concerns, by reducing the number of RV campsites from 55 to 45; reducing the number of seats in the micro-brewery bistro from 60 to 40; and having no wood-burning fire, just propane or natural gas.
“A number of things have come up and we have been listening,” Jaber said.
Doug Layton of Edge Environmental is the planner for the development.
He noted in his presentation that fencing will be extended and a shelterbelt will be planted that will create some screening between the development and neighbours. That fencing will also protect riparian areas, and Layton added Jaber does not want conflict between livestock ad people.
Van Essen asked at one point why the applicant chose to appeal rather than go through the planning commission.
Layton said it was a matter of timing. Information was requested, Jaber provided it, and more was requested. They believed the questons would continue and continue, so they chose this route instead.
There was also discussion about the source of water for the development.
The applicant’s engineers said the property came with 80 cubic metres per month of potable water provided by the Town of Claresholm. A water licence has been applied for, for additional water needed for the development.
Vaughn asked at one point if the development was
dependent on receiving that water licence.
“We do have a back-up plan,” Jaber said, noting there is storage on site so water could be trucked in.
Derrick Krizsan, the M.D.’s chief administrative officer, counted at least 10 agreements or approvals needed by the development including water licensing; assessments on historical resources, species at risk, wetlands, and traffic; a wastewater disposal agreement and more.
He noted it would be difficult to approve this development with all these conditions of approval dependent on approvals from outside bodies.
Vaughn asked if some of these approvals are post-development, while Layton asked at one point if they could be conditions of approvals.
Krizsan indicated some could and some could not.
Van Essen later asked if the onus was not on the developer to secure these approvals, and Vaughn said if the development was approved it did not give the applicant a bye not to get these approvals. He still had to get them.
Glen Alm, chair of the municipal planning commission, was also present and he observed the application before them that day was substantially different from the one the commission was prepared to consider March 9 just before it was deemed refused.
Several adjacent landowners were also present to express their concerns.
Nina Ewing was concerned about the risk of fires; the impact on livestock and wildlife; increased traffic; and that Rural Crime Watch and emergency services will need to be ramped up.
Andy Hart, of Willabar Ranch, was concerned about the impact of campers on his livestock, including dogs being turned off leash.
“Please don’t saddle us with the ongoing nuisance factor,” he said.
Matt Muldoon represented his in-laws Brenda and Stuart Derochie.
He expressed their concerns about the impact of more people walking along the creek, the damage to livestock and the land, and the increased fire hazard, especially from stray cigarette butts.
Kari Lelek said she worked tirelessly to improve the land, and protect species at risk, and noted the developer had not surveyed wildlife nor species at risk.
She said she was incredulous the application got this far.
John McKee expressed concern about the level of visibility for the Township Road 124 that goes between both sides of the development, as well as a walking trail on the creek bed and shore which is not allowed.
Monica Klaas was also opposed, saying she could not see how this property was conducive to the proposed development. She noted there are other spots for a campground, and was concerned with a development that was on two sides of a road.
Jackie Chalmers said her research showed there isn’t enough water for any of this development.
She was also concerned about fencing, and how the applicant never came to see her to talk about the development.
R. Brunes lives on Township Road 124 and the impact to him he said will be significant.
He also was one of the people who put in the water line and said it is not capable of providing 80 cubic metres. In fact, an engineering report from the time of construction said families were limited to 37 cubic metres.
“It will not put out 80 cubes in a month,” Brunes said.
At the conclusion of the hearing, Jaber thanked everyone.
“I always respected everyone’s opinion,” he said. “The plan will evolve to accommodate the region. It will change with the needs of the region, the neighbours.”
“I’m committed to being a good neighbour,” he later added.
The board now has 15 days to render a decision.