The developer of Paradise Shores filed an appeal with the Calgary Court of Appeal into Stettler County’s Subdivision Development Appeal Board (SDAB) decision to slash the size of its development.
David Hamm filed the appeal Nov. 30 citing lack of procedural fairness after the SDAB reduced the number from 750 to 168 sites last month.
In his affidavit, Hamm said Paradise Shores “has already invested several million into the acquisition of the lands for the RV park the production of environmental and other reports and site preparation costs” and added that they will lose “half to two-thirds of the expected revenue from the loss of rentals of RV sites as a result of the reduction.”
A merit hearing was held Sept. 18-19 and a hearing was also held Aug. 16 to give opponents of the development one last chance to appeal the development permit application Stettler County approved for Paradise Shores RV in June. Stettler County’s Subdivision Development Appeal Board (SDAB) closed the appeal hearing Oct. 24.
The county’s SDAB heard eight appeals that were filed by those opposed to the development.
Paradise Shores started pre-selling lot leases in Calgary before the development was even presented to council. There were RV’s at the site this past summer because it’s allowed in the county’s rules. The RV campers, however, won’t be able to return until the developer meets the conditions outlined by the SDAB.
In May Stettler County council voted in favour of accepting the minutes of the agreement reached between Buffalo Lake South Shore IDP Committee and the developer to scale down the development from 1,000 RV lots to 750 lots.
The Summer Villages of Rochon and White sands filed objections to the development earlier this year. The villages said the development was a subdivision rather than an RV resort.
In March, about 400 people attended a public hearing in Stettler for the proposed high-density RV development. Twenty people spoke against. Only the developer spoke in favour. The county received 32 letters of support and 121 submissions against.
The proposed development was also opposed by a grassroots group of Buffalo Lake area residents led by Darrel Hicke of Calgary. He started an online petition in February that obtained more than 1,000 signatures.
In addition, both Lacombe and Camrose Counties gave Stettler County letters of concern over the project. They said the proposed development didn’t comply with the environmental requirements of the Buffalo Lake Inter-municipal Development Plan that requires any changes in land use or development avoid environmentally sensitive areas and important wildlife habitat. The opposing counties took issue with the developer not completing requirements of the Environmental Review because, to date, the environmental studies only cover Phase I of the development but the developer asked for approval for all three phases.
The Nov. 30 court document names County of Stettler, the SDAB board of the County of Stettler, Darcy and Judy Peelar, Lance and Maureen Kadatz, Ed and Vivian Bennett, Peter Wood, Bruce and Wendy Olson, Kyle Bruggengate, Ken Vertz and Rochon Sands Heights Community Association.The appeal is set for Dec. 19 in Calgary Court of Appeal.