A week in June 2016 will be set aside for an inter-municipal dispute over the Dead Man's Flats Area Structure Plan (ASP).
A week in June 2016 will be set aside for an inter-municipal dispute over the Dead Man's Flats Area Structure Plan (ASP).
The Municipal Government Board (MGB) tentatively penciled in a merit hearing to begin June 20 in Calgary for the Town of Canmore's appeal against the Municipal District of Bighorn's ASP.
Five days are scheduled for the process, but it may conclude sooner.
The MGB acts as an unbiased third party during the hearing, then will make a ruling sometime following its conclusion.
Mediation between the parties prior to the hearing will not be required, the MGB ruled, as “mediation is unlikely to result in resolution” after Canmore and the MD stated it wouldn't be successful under the circumstances.
"Throughout the process we have reiterated our willingness to enter into mediation, but recognize that mediation can only succeed if both parties are willing," said Sally Caudill, Canmore's manager of communication, in an email. "At the MGB preliminary hearing on January 28, we agreed that under the circumstances, mediation would likely not be productive and we also agreed to the panel setting a hearing date without mediation. So, the decision did not surprise or disappoint us."
Three of four parties seeking affected party status received a green light.
The Stoney Nation (represented by Rae and Company), Three Sisters Mountain Village and Thunderstone Quarries Limited Partnership (both represented by QuantumPlace Developments Ltd.) received affected party status in the dispute.
Stoney Nakoda Developments Ltd. (Rae and Company) will have to submit additional material to back their affected party status consideration by March 1, after the MD questioned its claim at the preliminary hearing in January.
“The MGB was unclear whether Stoney Developments should have affected party status independent of the Stoney Nakoda Nations, and agreed with the MD that the submission presented at the preliminary hearing was insufficient to make such a determination...the MGB will consider these submissions and provide further direction prior to April 15, 2016,” stated the MGB's notice of decision report.
The MGB was called in following Canmore's appeal in December 2015 regarding the Dead Man's Flats ASP.
MD council passed third reading - final reading - on the controversial ASP in November 2015. The ASP would see development of 29 hectares in the hamlet (recreation and light-commercial), which is anticipated to result in a economic boost for the municipality.
The east area of the ASP, which would see future light-commercial development, borders a wildlife underpass and recognized wildlife regional habitat patch that hugs Dead Man's Flats and the Bow River. However, the wildlife habitat patch has never been recognized as such by the MD.
The MD declined mediation with Canmore over its ASP concerns, which included financial and social and the functionality of the wildlife underpass, prior to approving final reading.
Canmore's appeal halts any MD plans to move forward with the ASP until it's been dealt with.
