Appeal regarding RV Campground in Hamlin denied

By Irene van der Kloet

In a previous publication, we discussed the appeal filed with Smoky Lake County regarding developing an RV campground near Hamlin. The decision was finalized on January 4 (not on January 19, as previously mentioned, because the 15 days for the decision were calendar days, not business days). The County’s Development Appeal Board’s (DAB) decision is that the appeal is denied, while the decision of the development authority is upheld, with some conditions being varied. Some conditions include the development of a maximum of 200 RV sites instead of the planned 400 sites; the developer needs to provide a stormwater development plan; and a site assessment from a wetland authenticating professional is required. These are the primary conditions attached to the decision by the DAB, among 37 conditions. Appellants and developer Richard Kimmitt were asked for their reactions to this decision. The appellants are pretty happy with the decision. As one appellant says: “We feel it is a start and are probably going to the Ombudsman, as we are looking for accountability from the county. We want the county to start listening to us, and our concerns. We think Mr. Kimmitt manipulated the county and started working on this project beyond the original permit.” Another appellant mentions it as a win:” It was a foregone conclusion that the appellants would be denied in their appeal. It is not a loss. The plan designed for a flat area in southern Alberta does not apply to an area here. The fact that [the allowed number of RV sites] was reduced to 200 sites is realistic. My question is, will the county ensure their decisions are followed up on? The meeting also brought up ethics. We were promised a land use agreement through the correct process. That hasn’t happened. We are also wondering how they will repair the internal operations of the County of Smoky Lake; how will they certify the Development Officer? The CAO was against the project, and two out of five councillors voted against it. If it had happened in the western part of the county, the vote would have been different.” Richard Kimmitt, the developer, shared his side of the story:” We are happy with the decision. We’ve got two decisions that we’re currently dealing with. One is about a possible wetland; a wetland specialist is working on that. The other is to ensure the stormwater drainage plan is done up. I can live with the 200 sites, and as we get bigger, we can apply for another 100 or 200 sites. And 400 sites for this area is not a lot, as there are RV campgrounds with 800 sites in a smaller area. The people complaining are not immediately affected neighbours; technically, they don’t have the right to complain, but the appeal board allowed it and decided to let the neighbourhood have its say. I think the appeal board did an excellent job. They [some people in the neighbourhood] are complaining that the county screwed up and thought they would have more input with an area structure plan, but that is incorrect. I have had three open houses, and the people complaining were here for the open house, so over a year, they had the opportunity to say what they had to say. An area structure plan for one campground would have been too expensive for the county. When it comes to cutting down trees, I have planted more trees back than I have cut down.” The appellants can appeal to the Alberta Court of Appeal on a question of law and jurisdiction within 30 days after the issue of the decision (January 4).