RESORT VILLAGE OF MISTUSINNE

 

OFFICIAL COMMUNITY PLAN

BYLAW NO. 04-09

 

(Third Reading and Adoption on May 23, 2009)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE RESORT VILLAGE OF MISTUSINNE

BYLAW NO. 04-09

 

A bylaw of The Resort Village of Mistusinne to adopt an Official Community Plan in accordance with Part IV, Division 1 of The Planning and Development Act, 2007.

 

Whereas the Council of The Resort Village of Mistusinne has authorized the preparation of an official community plan for the resort Village in consultation with Mr. Joe Jozsa MCIP, PPS, a professional community planner, pursuant to Section 29 of The Planning and Development Act, 2007 (the Act); and

 

Whereas Section 35 of The Planning and Development Act, 2007 provides that an Official Community Plan must be adopted by bylaw, in accordance with the public participation requirements of Part X of the Act; and

Whereas The Saskatchewan Watershed Authority Act, 2005 provides in Section 46 that Council may pass bylaws respecting use and control of land;

 

Whereas, in accordance with Section 207 of The Planning and Development Act, 2007, the Council of The Resort Village of Mistusinne the Council has complied with Part X of The Planning and Development Act, 2007 in providing for public participation in adoption of this bylaw in 2009;

Therefore, the Council for The Resort Village of Mistusinne in the Province of Saskatchewan, in open meeting hereby enacts as follows:

1.  This bylaw may be cited as ÒThe Resort Village of Mistusinne Official Community Plan Bylaw".

 

2.  The Official Community Plan of The Resort Village of Mistusinne is adopted to provide a framework guide and evaluate future development within the Municipality, as shown on Schedule A, attached to and forming part of this bylaw.

 

3.  This bylaw shall come into force on the date of final approval by the Minister.

________________________

                                                             MAYOR

           (SEAL)

 

________________________

                                                           ADMINISTRATOR

 

Certified a True Copy of

Bylaw No. 04-09 adopted by Council

on the 23rd day of May, 2009.

 

_______________________________

Administrator

 

 

 

SCHEDULE ÒAÓ to

Bylaw No. 04-09

THE RESORT VILLAGE OF MISTUSINNE

OFFICIAL COMMUNITY PLAN

 

 

 

 


 

 

 

 

        

 

 

 

 

 

 

 

 

 

 

 

 

Prepared March, 2009

Joe Jozsa, MCIP, PPS

Planning Consultant

CanQuest Consulting Ltd.

63 Empress Drive

Regina, Saskatchewan

S4T 6M7

306)347-0588

jjozsa@accesscomm.ca

 
 

 

 


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This is Schedule A as attached to and forms

part of Bylaw No. 04-09, The Resort Village of Mistusinne Official Community Plan.


 

 

 

 

 

TABLE OF CONTENTS

PART ONE Ð BACKGROUND                                                                                                                    

1.1       INTRODUCTION          .           .           .           .           .           .           .           .            .           page 3             1.1.1    Authority, Purpose and Content

            1.1.2   Plan Preparation and Community Involvement

            1.1.3   Scope

            1.1.4   Applicable Land Use Policies and Interests

           

1.2       THE RESORT VILLAGE AND REGIONAL CONTEXT    .           .           .           .            .           page 5 1.2.1   Development History

            1.2.2   Location

            1.2.3   Access to Commercial Services

            1.2.4   The Natural Environment

            1.2.5   Climate

            1.2.6   Hydrology

            1.2.7   Storm Water Management

            1.2.8   Landscape Cover

            1.2.9   Tree Plantations

            1.2.10 Lake Diefenbaker

            1.2.11 Safe building elevations and setbacks

            1.2.12 Development Opportunities and Constraints

1.3       RESIDENTS AND EXPANSION.           .           .           .           .           .           .            .           page 8

1.4       GENERAL DEVELOPMENT POLICIES             .           .           .           .           .            .           page 9


            1.4.1   A Long Term Vision for the Resort Village of Mistusinne

            1.4.2   Community Goals

            1.4.3   Guiding Principles

PART TWO Ð DEVELOPMENT POLICIES FOR LAND USE DISTRICTS

2.1       POLICIES FOR DEVELOPMENT IN THE RESIDENTIAL DISTRICT (R1)        .            .           page 11

            2.1.1   Background

            2.1.2   Objectives

            2.1.3   Policies

2.2       POLICIES FOR DEVELOPMENT IN THE GREEN SPACE DISTRICT (GS)        .            .           page 14

2.2.1   Background

            2.2.2   Objectives

            2.2.3   Policies

2.3       POLICIES FOR DEVELOPMENT IN THE MISTUSINNE COMMONS DISTRICT (MC)            .           page 16

2.3.1   Background

            2.3.2   Objectives                 

            2.3.3   Policies

2.4       POLICIES FOR DEVELOPMENT IN THE COMMUNITY SERVICE DISTRICT (CS)            .           page 19      

2.4.1   Background


á       Services past and present

á       Fire and Police Protection

á       Roads

á       Garbage

á       Water and Sewage

á       Critical Issues


            2.4.2   Objectives

            2.4.3   Policies

2.5       POLICIES FOR DEVELOPMENT IN THE ENVIRONMENTAL RESERVE (ENV) .                  page 24

2.5.1   Background

            2.5.2   Objectives

            2.5.3   Policies

2.6       POLICIES FOR THE FUTURE RESIDENTIAL DEVELOPMENT DISTRICT (FD)            .           page 25  

2.6.1   Background

            2.6.2   Objectives

            2.6.3   Policies

PART THREE Ð OTHER POLICY CONSIDERATIONS

3.1       POLICIES REGARDING BUSINESS OR COMMERCIAL DEVELOPMENT         .            .           page 26

3.1.1   Background

á       Rental Accommodations

á       Home-Based Businesses

á       Bed and Breakfast Operations

            3.1.2   Objectives

            3.1.3   Policies

3.2       POLICIES REGARDING HERITAGE RESOURCES       .           .           .           .            .           page 28

3.2.1   Background

            3.2.2   Objectives

            3.2.3   Policies

3.3       POLICIES REGARDING OPEN SPACE MANAGEMENT           .           .           .            .           page 29

            3.3.1   Background

            3.3.2   Objectives

            3.3.3   Policies

● Hazard lands

                        ● Control and prohibition of use of open space areas

                        ● Vegetation management

                        ● Groundwater and source water protection

                        ● Storm water management

                        ● Shoreline modification

                        ● Interagency cooperation

                        ● Zoning bylaws

PART FOUR - IMPLEMENTATION      .           .           .           .           .           .           .            .           page 33

 

4.1      Effect of Plan

            4.2      Zoning Bylaw

            4.3      Amendment to the Zoning bylaw

            4.4      Use of the Symbol ÒHÓ

            4.5      Overlay Districts

            4.6      Minor Variances of the Zoning Bylaw

            4.7      Subdivision Concept Plans and Phasing of Development

            4.8      Service Agreements

            4.9      Development Levy Bylaw

            4.10    Building Bylaw

4.11    Land Acquisition, Purchase and Lease

4.12    Inter-municipal and Inter-jurisdictional Cooperation

4.13    Village Works Program

4.14    Further Studies

4.15    Monitoring

4.16    Boundaries of Zoning Districts

            4.20    Severability of Provisions of Official Community Plan and Zoning Bylaw

            4.21    Ministerial Approval

            4.22    Council Reading and Adoption

APPENDICES               .           .           .           .           .           .           .           .           .            .           page 38          

Appendix A: Figures

Figure 1 - Land Use Districts and Reservoir Development Area

Figure 2 - Land Forms

Figure 3 - Existing Land Use

Figure 4 - Land Use Concept

Appendix B: Leisure/Recreation Survey Results, January 2008  

Appendix C: Feedback on Recreation Related Bylaws, January 2008

Acknowledgments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART ONE - BACKGROUND

1.1         INTRODUCTION

This Official Community Plan (OCP) is adopted under The Planning and Development Act, 2007, to provide goals, objectives and policies to guide the development and use of land within the resort Village. This Official Community Plan and the Zoning Bylaw will be passed under The Saskatchewan Watershed Authority Act, 2005 respecting the use and control of land for lands within the Lake Diefenbaker Reservoir Development Area.

 

The OCP was shaped   through an extensive consultation of ratepayers and residents to guide future decision-making regarding future land use, development, services, and amenities for the benefit of ratepayers.

The general development policies, objectives and policies in the OCP reflect the values of the ratepayers and residents. All new bylaws, programs and works undertaken must be consistent with the implementation of the OCP in accordance with The Planning and Development Act, 2007. However the OCP does not require Council of the Resort Village or any other organization to undertake or approve any project or program identified in the OCP. Council may consider carrying out project or program when financial resources have been allocated during the annual budgetary process and ratepayers have been consulted.

                 

Implementation of OCP policies requires the adoption of zoning bylaws and other tools of implementation. The policies and land use designations (land use districts) in the OCP may be changed. These changes require public consultation of ratepayers in accordance with The Planning and development Act, 2007.

 

1.1.1  Authority, Purpose and Content

The Council of the Resort Village of Mistusinne has authorized the preparation and adoption of this Official Community Plan in accordance with Sections 29 and 32 of The Planning and Development Act 2007.  

 
The purpose of the Official Community Plan is to provide guidance to the Resort Village Council, the Development Officer, and the citizens of the Resort Village in making decisions on land use, development and environmental management affecting the Resort Village for up to 15 years. The Official Community Plan should be reviewed at regular intervals of 5 Ð 10 years to ascertain progress towards achieving the propose, goals and objectives (or earlier if the majority of citizens request such a review).  Reviews may also occur at an earlier date in the case of a request made by the majority of citizens. 
 
Content of an official community Plan, in accordance with section 32(1) of The Act, must incorporate, insofar as is practical, any applicable provincial land use policies and statements of provincial interest. 
 

1.1.2  Plan Preparation and Community Engagement

Section 29 (1) of The Planning and Development Act, 2007 authorizes the Council to prepare and adopt an official community plan. The planning process included public participation in accordance with requirements of section 35 of the Act:

á       As a result of a Council survey to ratepayers in the summer of 2006, a number of concerns were identified.

á       On September 8, 2006, Council authorized the preparation of a Basic Planning Statement (Official Community Plan) and Zoning Bylaw for the Resort Village of Mistusinne. 

á       Council invited community members to volunteer for a Reference Committee on Community Planning, resulting in 27 households being represented (See: Acknowledgements).  The Reference Committee on Community Planning was endorsed by Council to address all aspects of the functioning of the Resort Village. 

á       Other committees were established around pressing issues to provide input to Council and to feed information to the Reference Committee. These were the five ad-hoc committees (Water Committee, Beach and Waterfront Committee, Golf Committee, Maintenance Committee, Non-licensed Motorized Vehicles Committee) and three standing committees (Emergency Response Committee, Recreation and Social Committee, and Friends of Trees Committee).  All these committees provided input that was forwarded to the Reference Committee.

á       The Reference Committee, reporting to Council, held a series of eleven meetings from October 2006 to February 2009.  Meetings were advertised in community newsletters.  Membership in the Reference Committee and attendance at its meetings were kept open to all ratepayers.

á       On May 17, 2008, the Reference Committee held a community forum on the proposed interim plan recommendations to Council with over 60 community members in attendance. Members of the reference group led the workshop sessions. Community input was incorporated into the plan recommendations to Council.

á       During the spring of 2009 Council conducted public hearings regarding the Official Community Plan and the Zoning Bylaw.

 

As required, this official community plan was prepared in consultation with Mr. Joe Jozsa MCIP, PPS, a professional community planner, pursuant to Section 29 (2) of The Planning and Development Act, 2007.

1.1.3  Scope

The objectives and policies of this Official Community Plan shall apply to lands within the incorporated area of the Resort Village.  Policies aimed at future development of areas outside the Resort Village will only apply if such areas are annexed to the Village. With regards to policies on areas of mutual interest beyond the current limits of the Resort Village, Council will work with neighboring rural municipalities and villages and particularly Saskatchewan Environment, the Saskatchewan Watershed Authority and other appropriate Government of Saskatchewan Departments.

The legal description of the boundaries of the Resort Village of Mistusinne is as follows:

All that portion of Section 20 and Section 29, in township 24, in range 4, west of the 3rd meridian, lying between north bank of Lake Diefenbaker and south of the Canadian Pacific Railway right-of-way as shown on registered Plan No. 67-MJ-11017 and south-west of the south-western boundary of the surveyed road (Provincial Highway No. 19) as shown on a plan of survey of record in the Land Titles Office for the Moose Jaw Land Registration District as No. 61 MJ 05158.

1.1.4  Applicable Land Use Policies and Interests

The resort Village is within the Lake Diefenbaker Reservoir Development Area (Appendix A: Figure 1 Ð Land Use Districts and Reservoir Development Area).  Section 46 of The Saskatchewan Watershed Authority Act, 2005 describes the ability of a municipality to pass bylaws respecting development within a Reservoir Development Area of Lake Diefenbaker.  Applications under The Planning and Development Act, for subdivision of land and for development permits within the reservoir development area require the approval of the Saskatchewan Watershed Authority (Section 31 of The Reservoir Development Area Regulations).

The Resort Village (except for the private cottage lots) is on Crown land administered by Saskatchewan Environment.  This OCP plan designates Crown lands for future use. Before use of these lands is made, the Resort Village is required to make application to Saskatchewan Environment. As a condition of a 20-year Crown land lease from Saskatchewan Environment, the Resort Village must abide by the provisions of 15 provincial acts (examples: The Provincial Lands Act, The Fire Prevention Act, The Prairie and Forest Fires Act, The Wildlife Act, The Water Users Act, The Public Health Act and so on) and their regulations.

 

1.2      THE RESORT VILLAGE AND REGIONAL CONTEXT

1.2.1  Development History

In 1967 the Department of Natural Resources surveyed the Mistusinne Townsite into 250 lots (238 cottage and 12 commercial lots).  The Department leased and then sold the cottage lots and administered the townsite with advisory input from a Cottager OwnersÕ Committee until August 1, 1980 when the townsite became a resort village under the Rural Municipalities Act.  The new Council agreed to discontinue the intended commercial use of the 12 lots in return for joint fire protection from the Village of Elbow, retaining 5 of the 12 lots for village use. By the mid 80Õs all available lots had been purchased.  In 2007, Council sold two of the five village lots.

As of 2008, the Village land use consisted of 247 private residential lots, 3 lots used by the Village, asphalts streets and green space among clusters of cottage lot.  Also, outside the surveyed ÔtownsiteÕ area the Village manages other non-legal access roads to beaches and boat launch, leased space north of the village (boat launch, maintenance area, golf course, and future growth area), communications and utility easements and a portion of the Trans Canada Trail.

A detailed description of land use is available in Appendix A: Figure 3 - Existing Land Use.

1.2.2  Location

The Resort Village of Mistusinne is on the east shore of Lake Diefenbaker (Gordon McKenzie Arm), eight kilometres southeast of the Village of Elbow on Highway No.19, within the RM of Maple Bush No. 224.

1.2.3  Access to Commercial Services

Mistusinne ratepayers have access to retail trade, accommodations, commercial services and a deep water boat harbour resort complex in neighbouring communities and in Douglas Provincial Park.

1.2.4  The Natural Environment

Most of the village topography is gently rolling land between 1835 ft and 1865 ft above sea level (559.3 to 568.45 m) and is well suited for development (Appendix A: Figure 2 Ð Land Forms).

Soils in the Resort Village are sandy and light and particularly susceptible to erosion and damage by human activity.  There is a need for sustainable soil management practices. 

Wildlife in the Village includes mule deer, white tail deer, elk, coyote and, of late, moose.  Other notable species are beavers, mink, porcupine (in tree plantations of Scots pine and willows), and jack rabbit.  Of particular note is the piping plover along the shorelines of Lake Diefenbaker home to up to five percent of the global piping plover population. This lake is one of Saskatchewan's important nesting areas for this species. Plovers face threats such as rising waters and human disturbance. Residents and guests of the Resort Village can help by refraining from driving vehicles on the beaches to prevent harm to plover eggs and disturbance of their habitat.

1.2.5  Climate

The Resort Village has a semi-arid climate, well suited for seasonal outdoor recreation in an oasis like lakeshore setting. The average annual precipitation is 14 inches.  Periods of drought are common.   The impact of climate change is a potential concern for maintaining landscape cover and for fire prevention in the resort village.  Projected climate change could bring increased risk of drought, requiring additional adoptive environmental policies in soil and water conservation, the choice of drought hardy planting material, vegetation management, and the provision of standby water for fire protection.


1.2.6  Hydrogeology

Residents of the Resort Village obtain their potable water from a near surface aquifer in the sand deposits of the Elbow Sand Hill area. Most of the aquifer recharge area is outside the Village area. Consecutive drought years in the region have resulted in a decline in the level of groundwater. During prolonged drought, some residents have built cisterns and relied on hauling in drinking water. 

Information is lacking on the movement and availability of sustainable groundwater supply for present and future needs of Village residents.  There is a need to identify alternatives for a dependable water supply for the Resort Village.

1.2.7  Storm Water Management

Due to the near level topography, sparse vegetation cover, and extremely porous sandy soils on uplands of the Village, rain and snowmelt water infiltrates these soils so that there is no runoff from the townsite area and upland open spaces into the lake. Roadway ditches along surfaced roads in the subdivision act as catchment basins for storm water, which infiltrates into the subsoil (aquifer recharge). Filling in these ditches reduces absorption capacities in the residential areas. In the residential area, large open spaces (green spaces) among surveyed lots provide for storm water infiltration.

1.2.8  Landscape Cover

The Resort Village is located within the Mixed Ecoregion of the Prairie Eco-Zone characterized by semi-arid moisture conditions, dry grasslands where speargrass, wheatgrass, and blue gamma grass, along with bluffs of shrubs and trees.  

Grassland meadows on the uplands and bluffs of native trees and shrubs along the upper valley wall, along with planted tree groves dominate the landscape cover of the Village. These native and planted trees provide wildlife habitat, conserve soil, capture snow, provide shelter and recreation opportunities, and act as effective buffers on the green spaces among the clusters of cottage lots. These landscape covers, developed on droughty sandy soils under semiarid climate, are particularly sensitive to incompatible uses, to unsuitable cultural practices such deep tilling, severe tree pruning and close mowing and to surface disturbance.

Physical disturbances to vegetation cover and to wildlife habitat are a concern. Dry grassland meadows and eroding backshore lands are highly sensitive to off-road vehicle (ATVÕs and dirt bikes) uses, resulting in the loss of landscape cover, exposed sandy soils, and wind erosion. Indiscriminate travel and use of ATVÕs and snowmobiles can result in damage to the area landscape followed by accelerated erosion, disturbance to wildlife and diminished public enjoyment due to noise and damaged aesthetics.

The dryland environment poses an ever-present risk of fire from unattended outdoor fire pits, idling cars parked on grass, beach fires, and fireworks.

1.2.9  Tree Plantations

The uplands areas of the Resort Village (golf course, green spaces, and north of the golf course) were treeless at the time of townsite survey in 1967. Tree plantations have been established on green spaces and the golf course since the late 1960's.  The Village and volunteers place a high priority on managing these plantations.     

An assessment report prepared for the Council in 2007 identified that these plantations appear to be nearing their life span earlier than the expected years due to drought and inappropriate management practices.  The Resort Village with their volunteer Friends of Trees Committee started an ambitious tree-planting program in 2007.

1.2.10            Lake Diefenbaker

Lake Diefenbaker, the inundated portion of South Saskatchewan River, is a 225-kilometre long multi-purpose reservoir that serves many varied interests from agriculture, municipal water supply, recreation, hydropower generation fisheries and wildlife, and flood control.  The Lake and neighboring area offers a wide range of water based outdoor recreation opportunities.

Lake Diefenbaker is designed to reach Full Supply Level of 1,827 ft (557) during the peak summer recreation months (July-August). It has a yearly operating range of about 36 ft (11 m) in response to variable inflows and to multipurpose demands. Lake levels begin to drop after September and reach minimum levels in March-April. Depending on inflows into Lake Diefenbaker, spring summer lake levels can vary considerably. During spring-summer recharge (April to August) rising water levels are highly variable.

Prevailing westerly winds push lake water up on its leeward shore of the lake at Mistusinne, resulting in challenges associated with the erosion of the lakeshore and the movement of sand

1.2.11            Safe Building Elevations and Setbacks

Saskatchewan Watershed Authority has estimated a range of elevations for habitable buildings at Mistusinne for a range of shoreline slopes by adding a safety margin of 0.50 m to the adjusted flood line. Safe building elevations range from 1834 ft to 1830 ft. (558.9 m to 558.0 m).  Existing cottage lots close to the lake appear to be 10 ft (2.83 m) above the lowest estimated safe building elevation.

Extreme storm action has resulted in 2 to 3 meter high banks (bluffs) and narrow beaches during high water periods. The influence of storms on bluff recession and loss of sand along the lakebed, illustrating that erosion hazards will be present until shoreline evolution will have reached equilibrium. Reaching equilibrium will take a long time for this 40 year old reservoir. The top of the receding backshore has already reached 1830 ft (558.0 m) in an area south of the VillageÕs South Beach. Attempts at sustained shoreline stabilization and construction of a sheltered marina along shores repeatedly exposed to high energy waves will be ineffective without geotechnical determinations and high capital costs. First, environmental screening, review and governmental approvals would be required for any shoreline alterations.

This lakeside setback area provides a key attraction for outdoor recreation. The area also serves as a wildlife habitat corridor, guarantees public access to the lakeshore (beach and boat launch) for cottagers from all lots in the Resort Village, and provides unobstructed views of the lake from the backshore.

1.2.12              Development Opportunities and Constraints

Opportunities for residential and other development (and associated lakeshore activities) of the land are good for four main reasons. First, the entire shoreline inside the Resort Village is mostly sandy and fronted by underwater inclines suitable for bathing and swimming during the seasonal variation in lake levels.  Second, all the shoreline and immediate backshore is considered lakeshore reserve for unencumbered (no private structures and platforms jutting into the lake) access to the beach and lake.  Third, developable backshore lands above the historical minimum building elevation are gently sloping and rolling with well-drained sandy soils. Fourth, only about 50% of the developable backshore land has been subdivided.     

Constraints to potential development within the Resort Village that have already been described include the shoreland instability due to receding shoreline and sand blowout, and the environmentally sensitive areas along the lake.  Another constraint might include the need for minimum setback requirements (for public health reasons) if the Resort Village were to develop a landfill or a sewage lagoon facility. The minimum setback distance from the shore for a landfill and sewage lagoon from any residential development is 1500 ft and 985 ft respectively (457 m / 300 m).

1.3      RESIDENTS AND EXPANSION   

During a typical year about 10% of village residents are fulltime residents and 90% are seasonal occupants. Of the seasonal residents, 68% use their cottage for up to two months, 28% for 2 to 4 months, and 9% over 4 months (See: Appendix B: Leisure/Recreation Survey, January 2008). 

 

Permanent residents who have chosen to make their retirement home in the Village included were 56 persons (Statistics Canada Census 2006) in 31 private dwellings that comprised 12.6% of the VillageÕs 247 dwellings.  The 2006 census indicates that the ÔpermanentÕ population of the Resort Village has an older population with 30% of the residents over 65 years, 70% between the age of 50 and 60, and none below age 50 (no school age children).  During a typical year seasonal residents are comprised of 67% adults, 22% children and 11% youth.  About a third of the permanent residents are Ôsnow birdsÕ.

 

RatepayersÕ principal residences are the cities of Moose Jaw (119 km), Saskatoon (136 km) and Regina (180 km) and neighboring locations.  In recent years residents of Alberta and B.C. have also purchased cottages in Mistusinne.

 

It is anticipated that many of seasonal users will remain homeowners in their base community while others may retire to the Resort Village.  It is further expected that social and cultural development will be increasingly more important as more residents and their friends spend more of their leisure time at the village.  Given the age related health care service dependency factor, it is expected that some older Mistusinne residents may establish permanent residency in locations with more readily available medical and health services.

 

All available surveyed lots have been sold for some time.  Demand for lots in this Village has been strong.  Many ratepayers recognize the advantages of expanding the VillageÕs tax base if growth can be accommodated without negative impact on the social, environmental and fiscal capacity of the Resort Village.  Infrastructure and fiscal capability is an issue within a limited tax base.  For example, there is a need to pursue and identify an acceptable sewage disposal system for the future.  Accommodating increasing demands for expanding essential services will be a major challenge.

 

 Consultations with residents yielded the following observations:

á       Both permanent and seasonal residents want to keep/maintain the feel of small community and rural character of the resort village.

á       Nearly all ratepayers rely on nearby commercial services and most ratepayers do not want commercial development in the Resort Village.

á       Ratepayers want a cautious and measured approach to further expansion and expect to be consulted before decisions are made about expansion.

á       Ratepayers want to know more about the impact of growth on village services, on groundwater supply and on existing ratepayers remains to be determined

 

 

 

1.4      GENERAL DEVELOPMENT POLICIES

The following broad policy statements are intended to guide the overall direction of the Official Community Plan as well as to lend predictability to future decisions concerning development, services and open space management.  They should also serve as a benchmark for future plan revisions.

The vision statement, community goals, and guiding principles were developed based on: an inventory and analysis of existing conditions in the Resort Village and ratepayersÕ concerns, public meetings, and the Interim Plan that was presented to Council from the Reference Committee on May 17, 2008, as well as the follow-up recommendations to Council from the CitizensÕ Forum[1], and on surveys of ratepayers (water, leisure/recreation, and user-pay garbage) by Council.

The dominant themes of this plan are: 

á       To promote standards for new development and for upgrades of existing development.

á       To reduce land use conflicts.

á       To provide for the development of essential services.

á       To provide for protection from environmental hazards.

á       To protect and manage the natural assets (example: tree plantations) of the village and the lake.

1.4.1  A Long Term Vision for the Resort Village of Mistusinne

The purpose of this Vision Statement is to provide direction for the sustained development of the community, providing the rationale for community goals and guiding principles for implementation. These statements, while they may change over time, reflect common values of nearly all Village residents and express their expectation for the Ôideal futureÕ the Mistusinne community hopes to achieve.

The future of Mistusinne must be built on its past development as a single

-dwelling recreational community with a rural atmosphere in a park like setting and with an attractive lakeside environment.  In many ways, our Village is an integral part of the surrounding communities.

Future ratepayers will continue to view the Resort Village of Mistusinne, with the sandy beaches and clear water of Lake Diefenbaker as its primary attractions, as a recreational and residential community of single-dwelling for its ratepayer citizens.

Afforested and grass covered open spaces, among clusters of quality private dwellings, linked by pathways to play areas, to the golf course, to the beaches and the shoreline will continue to offer nature-based outdoor recreation opportunities summer and winter.

Ratepayers indicated that as the community pursues the Ôideal futureÕ, they:

¤       Want to preserve the villageÕs rural atmosphere and the single-dwelling residential character.

¤       Want basic services for their convenience, health, and safety at an affordable level.

¤       Want the open space areas (lake shore access) and green spaces (buffer strips) inviolate to demands and protected from unauthorised use outside the Official Community Plan.

¤       Want to determine a pattern and pace of life for peace, health, safety, and social interaction.

¤       Are concerned about losing the quiet of the village and about the impact of unregulated use of off-road vehicles on the area landscape.

¤       See an emerging need for a place where villagers can interact for local government and social functions as more villagers make more use of their properties.

¤       See the availability of a dependable potable groundwater water supply, handling capacity at the boat launch, fragile site conditions and natural environment as key factors in addressing future growth of residential areas.

¤       See the need for continued orderly management of the open spaces of the village that is environmentally and socially acceptable, economically viable and sustainable in the long run.

¤       Care about the environmental quality of the village and environs, its trees, grasses, and the shoreline ecology.

¤       Want the village to continue to support environmentally responsible recreation opportunities for its ratepayers. 

¤       Want to see that the village maintain and improve our relationship with off-site commercial and municipal developments and services in the neighbouring communities.

For the duration of this Official Community Plan (about 15 Ð 20 years, with periodic reviews and updates), according to the feedback from the citizensÕ May 2008 forum on the Interim Plan Recommendations, CouncilÕs actions on the vision statement should reflect the fact that the majority of community residents will continue to be seasonal occupants. These occupants do not want the Resort Village to direct its energy to city type infrastructures such as streetlights, sewer and water systems, natural gas, snow removal, nor see the need for fulltime services or fulltime administration during the off-season.

1.4.2  Community Goals

The goals of the Resort Village of Mistusinne are:

1.    To protect and enhance the environmental quality of the Resort Village of Mistusinne and surrounding area for the primary purpose of developing a recreational and residential community for its citizens.

2.    To provide for the orderly and appropriate development of land, consistent with and complementary to the primary purpose of the community, by reason of appropriate size, quality and proper location of development.

3.    To provide for the appropriate management of open space areas and the natural environment within the Resort Village. 

4.    To enter into cooperative planning with neighbouring jurisdictions and businesses, consistent with and complementary to the primary purpose and needs of the community.

1.4.3  Guiding Principles

These guiding principles, mirroring the vision and goals of the resort Village, are offered as benchmarks for decision-making that increases or at least protects the public good of the Village and property. As carried into the implementation of the OCP, these guiding principles will also lend predictability to future developmental and servicing decisions and to plan revisions.

In working to develop a long-term strategy for the Resort Village, the ratepayers of Mistusinne want their future plans to be:

á       Environmentally acceptable:

              o       To protect the environmental quality of Lake Diefenbaker.

              o       To safeguard the environmental parameters of Lake Diefenbaker (water quality, shoreline, aquatic and terrestrial natural life processes).

              o       To conserve the land base by sustaining the natural landscape cover for recreation and for the aesthetics of the village.

              o       To conserve and add to the treed areas by augmenting limited native tree bluffs.

              o       To preserve and extend the ecological values and integrity of the area including plant, animal, fish and bird life.

              o       To base decisions concerning land use on objective studies of the landÕs capability and limitations for different purposes.

              o       To protect the source ground water for domestic use.


á       Socially acceptable:

              o       To ensure that ratepayers have the available network to have a say in the planning, development and operation of the village.

              o       To provide for residential recreational development acceptable to the ratepayers of the village.

              o       To support cooperative efforts (fire protection, waste management, and use of nearby outdoor recreation and cultural attractions).

              o       To incorporate, insofar as is practical, any applicable provincial and regional land use policies.

á       Economically viable:

o      To ensure that residents have basic services, including a water supply, means of waste disposal, roads, public safety and health, and fire protection in an economically responsible manner.

o      To base decisions concerning the development and operation of the village on planned priorities within the available tax base and the willingness to pay.

o      To adopt creative approaches to developments and services on a user-pay principle (golf course, boat launch, garbage removal).

o      To seek out cooperative planning across jurisdictions and sectors to optimize access to resources, services and for the mutual benefit of participating communities and jurisdictions across the region.

á       Sustainable in the long run:

o      To maintain the rural character of development for present and future ratepayers.

o      To balance the interests of ratepayers to ensure sustainable development and operation of the village. This will involve understanding the implications of decisions on the natural, recreational, social, and fiscal environments of the village.

o      To ensure that decisions on the management and development of the villageÕs resources will be made with consideration to the requirements of present and future ratepayers ensuring responsible fiscal management within the means of the village.

o      To ensure that decisions on the management of the village area landscape will be allowed to follow natural processes of ecological succession of the area (mixed grasslands).

o      To leave opportunity for future decisions to be taken on those land use matters that cannot be anticipated now.

 

PART TWO Ð DEVELOPMENT POLICIES FOR LAND USE DISTRICTS

The OCP Land Use Concept Plan designates land use patterns for the Resort Village and specific policy areas. The future land use map (See: Appendix A: Figure 4 Ð Land Use Concept) reflects the pattern of existing land use, the natural amenities (existing green spaces, proposed recreation areas and environmentally sensitive areas), land use targeted to high capability areas appropriate for that use, and complemented by specific policies for both public (Crown lands) and private (cottage sites/lots) lands. The designation of land uses reflects the Resort VillageÕs perspective on community development and provides a framework for decision making. Any development within these areas will be subject to specific zoning controls and site review.

 

2.1      POLICIES FOR DEVELOPMENT IN THE RESIDENTIAL DISTRICT (R1)

The Residential Designation refers to existing areas of residential development and to land subdivided for residential development.

2.1.1  Background

For existing cottage owners, much of the attraction to this lakeside resort village is its rural character and its park-like environment.  It is also reasonable to expect that the occupancy pattern will remain mostly seasonal.

The residential character of development in the Resort Village has evolved to relatively good quality.  Earlier construction included summer cabins, mobile homes, and renovated buildings moved into the village.  More recent all-season upgrades and extensions to cabins and newer dwellings are comparable to the construction, size and quality found in permanent residences.

Several issues have emerged from ratepayers and Council:

¤       The need to preserve  the residential character of the Village by:

¤       Retaining the rural park-like setting and the quiet relaxing small town feeling of a community of single detached dwellings,

¤       Not allowing multiple dwelling units such as condominium developments or multiple self-contained additional dwelling units,

¤       Not allowing the intrusion of commercial development, and

¤       Assessing the advisability of home based businesses.

¤       The need to clarify suitable standards for residential development by including:

¤       Minimum and maximum principal building area including maximum site coverage by dwellings and the extent of site coverage by accessory building,

¤       Building setbacks for fire safety,

¤       Risk of fire in residential areas,

¤       Drainage/groundwater protection.

¤       Service access to septic tanks,

¤       Guidelines on filling in ditches for approach to lots,

¤       The use of green space for regular access to garages from back of the surveyed lots, and

¤       The storage of recreation vehicles, campers, and construction material on green space. 

¤       The need to stop further intrusion of private facilities and uses onto public lands such as:

¤       The occupation of green space by private gardens and extension of landscaped yards,

¤       Tree house structures nailed to live trees on green spaces,

¤       The unauthorized uses of the green spaces interfering with the establishment and maintenance of tree plantations, and

¤       The spillover of tents and trailers onto green space and roadways.

¤       The need to upgrade community standards to promote compatible uses and developments, along with appearance and nuisance factors such as:

¤       Residential areas becoming unsightly due to inappropriate storage of materials, equipment, and vehicles,

¤       Dogs at large,

¤       Light pollution,

¤       Alternate energy Ð wind turbines, geothermal facilities solar cells,

¤       Lack of upkeep in the residential areas,

¤       Appropriate storage for commercial type large vehicles, large boats, sailboats, motor homes, campers and other recreation vehicles, and

¤       Camper trailers and motor homes that are used as guesthouses accessory to a dwelling (as opposed to permanent additions that bring in additional tax revenue).

Council recognizes that the primary purpose of the resort Village is to provide for recreational and single-dwelling residential community for its citizens. Council will set out objectives and policies for the orderly and appropriate development of land for the safety, health and enjoyment of ratepayers and their guests.

2.1.2  Objectives

CouncilÕs objectives are to:

1.    Maintain and enhance the quality and character of development within the Resort Village.

2.    Provide for single-dwelling (family use) of cottage lots and allow accessory buildings and structures.

3.    Avoid and minimize potential land use conflicts.  

4.    Avoid residential development on hazard lands.

5.    Establish standards of building construction and property maintenance in residential areas throughout the Resort Village.

6.    Avoid additional mobile homes in residential areas [existing ones will be provided for].

7.    Decrease the risk of fire in residential development.

8.    Avoid the intrusion of industrial and commercial use and development in residential areas.

9.    Disallow camping on green space other than for a short time for Special Occasions and as accessory to an existing residence.

10.       Not allow the development of campgrounds or mobile home areas. 

11.       Provide off-site storage for recreational vehicles for a fee to residents in an area set aside by the Resort Village.

12.       Provide for the possibility of some future residential development in the area of the Resort Village.

2.1.3  Policies

Council will:

a)   Retain the rural park-like setting and small town feeling of a community of single detached dwellings.

b)   Not support the development of any public campground and mobile home areas within the Resort Village.

c)    Maintain the physical and natural environment of the Resort Village for the safety, health and enjoinment of ratepayers and their guests.

d)   Regarding hazard lands and sensitive areas, ensure that new cottage lot developments are least 250m (820ft) or greater from the shoreline unless a lesser distance is determined by a geotechnical study and land use designations.

e)   Decrease the risk of fire in residential development through effective use of zoning and building bylaws. Council will investigate ways of improving fire protection.

f)     Disallow intrusion of industrial and commercial development within the Resort Village.

g)   Not allow land uses which are incompatible, or which could result in unacceptable conflicts with adjacent residential areas.

h)   Enact bylaws to control or prohibit nuisance, health and safety risks to residents.

i)     Regulate the distances of buildings or structures from property lines, the minimum space to be allowed between buildings and the lines of the lots on which they are constructed, along with the bulk of buildings, the location of and size of other accessory structures.

j)     Regulate residential building construction with the Resort VillageÕs building bylaw, the Provincial Building Code, and the applicable National Building Code to ensure standards of construction compatible with health and safety standards.

k)   Encourage, through its bylaws, the use of new construction for dwellings of a size larger or comparable to existing development in the neighbourhood.

l)     Ensure that all repairs and new construction is in accordance with CSA housing standards.

m) Promote, whenever possible, environmentally positive design practices to conserve potable water, reduce waste matter generation, and utilize energy efficient designs.

n)   Limit permanent vehicular and service access to the front of the lot in subdivisions surveyed for access restricted to the front of the lot from the street.

o)   Provide for the protection of groundwater by use of septic tanks, regulating hot tubs and disallowing swimming pools and prohibiting disposal of harmful substances in the resort village.

p)   Ensure that all septic tank meet CSA standards and comply with appropriate setbacks stipulated by health authorities. Ensure that new development septic tanks are located at the front of the residential lots to allow street side servicing and those replacement septic tanks are also located at the front of the lot.

q)   Not allow non-residential development except for public service and institutional uses compatible with residential areas.

r)     Limit camping uses to non-paying guests of parked and set up on ratepayersÕ property.

s)    Provide for other facilities for recreational use in a residential district that are consistent with and complementary to the overall residential district and recreational us of the district.

t)     Make provision for landscaping, preservation of trees and the removal of dangerous trees.

u)   Explore and amend as necessary, environmental initiatives that motivate property owners to maintain a respectable and safe appearance.

v)    Encourage the owners of existing residential developments to voluntarily adopt water-wise landscaping practices and required residents of new developments to adopt water-wise landscaping practices.

w)   Encouraged all residents to maintain their onsite landscapes and to reduce hazards such as dangerous trees.

x)   Include the following residential zoning district in its zoning bylaw:

( ) R1 Ð Residential, single-dwelling

The intent of the R1 district is to provide for residential development comprised primarily of single detached dwellings along with compatible community service and public work uses.

2.2       POLICIES FOR DEVELOPMENT IN THE GREEN SPACES DISTRICT (GS)

2.2.1  Background

This designation refers to open spaces (Crown land public reserves) among surveyed clusters of cottage lots and between other use areas so as to maintain the rural character of the Village, to hold tree plantations, and to provide area residents with pedestrian access corridors from back row lots to the open spaces, shore lands and to the lake.  These spaces, as with the Recreation Area, the Environmental Reserve, and the Future Development Areas, also perform valuable storm water retention functions.

Green Spaces are the lands that set the village shape and add to a sense of rural character and an aesthetic appeal to the resort Village.  Green Space lands refer to existing network of surveyed parcels (Buffer Strip PB, in Dedicated Lands Regulations, with title held by the Crown) and to roadways, set among clusters of cottage lots.  Green Spaces also include the transition between other land use areas in the townsite portion of the Resort Village. While the primary focus of the section on Open Space Management in Part Three is the broad-based environmental management of all open space areas throughout the Resort Village, this section concentrates on how the community intends to regulate the use and the landscape practices that occur on Green Space areas set amongst residential areas in the present and a possible future townsite (north of the golf course).

These undeveloped open spaces (parcels) shape the rural village form by acting as buffers between blocks of private cottage lots. These parcels (Parcels: Parcels ÒA Ò, ÒB Ò, ÒC Ò, ÒD Ò, ÒE Ò, ÒF Ò and  ÒGÒ on survey plan No. 67 MJ 13460) cover 99.5 acres (40.27 ha).  The linear tree plantations on native grasslands on these parcels endow the Resort Village with a park like setting.  These green space areas and grassed drainage ditches perform a hydrological function because their highly permeable sandy soils absorb storm water absorb.  They are also a habitat for wild animals and birds and provide for animal movement through the Resort Village.  These Parcels link the back row cottages by interconnecting pedestrian corridors and trails to the lake.

In addition, these green spaces serve recreational needs (examples: tennis court and playground, walking and cross country trails), social, and community functions (Friends of Trees volunteers). These buffers also hold public works development such as linear infrastructures such as power lines, telecommunication lines, and village roads.

The following concerns are recognized by Council:

¤       Conversion proposals to insert residential lots into these parcels were widely opposed by ratepayers during planning information meetings in 2007.

á       Encroachments of private uses (gardens, landscaping and storage) onto these public lands.  These parcels are Crown land.  Unauthorized private use of Crown land is trespass (addressed by Open Space Management policies and Zoning Bylaws).

á       Unauthorized access to gain permanent access to the back of lots (addressed by Open Space Management policies and Zoning Bylaws).

á       Risk of fire from unsupervised open fires on adjacent lots.

á       Annoyances from off-road vehicles, and degradation of landscape cover (addressed by Open Space Management policies and Zoning Bylaws).

á       Invasion of weeds in the heavily mowed areas of the townsite.

á       Conventional landscape management practices are unsuitable under dryland conditions within the Resort Village.  

Council recognizes that conventional landscape management poses a risk for degradation of landscape cover (trees and grasses) and that over the long term conventionally managed landscapes are prone to invasion of weeds (due to close cropped native grasses yielding to invasion of weeds).

Despite the expected benefits of nature-based management of open spaces, lessons learned from elsewhere show that obstacles can be expected from the publicÕs preference for the manicured park landscapes (close cropped grass along roadways and on Ôgreen spacesÕ, and intensely pruned trees) and from public perception that natural landscapes are untidy. Council intends to overcome these obstacles by increasing community involvement, local knowledge and environmental stewardship.

 

These green spaces are appreciated for their aesthetic, recreational, environmental, and utilitarian values by village residents.

2.2.2    Objectives

CouncilÕs objectives are to:

1.    Maintain the rural character of the village.

2.    Provide an aesthetically pleasing environment

3.    Prohibit subdividing into existing green space buffers (dedicated lands).

4.    Provide an integrated system of green spaces in all new subdivision developments.

5.    Provide for general non-motorized recreation uses and park development.

6.    Avoid and minimize incompatible land uses.

7.    Provide for recreation and leisure opportunities.

8.    Investigate the viability of community gardens within the Resort Village.

9.    Provide for placement of aesthetically non-intrusive utility corridors, and telecommunications and public works facilities.

10.         Prevent the deterioration of existing landscape cover (trees and grasses) on green spaces.

11.         Provide for increased fire protection.

12.         Maximize volunteerism, ratepayersÕ participation in the development and maintenance of green space systems.

2.2.3    Policies

Council will:

a)   Prohibit subdividing into existing surveyed parcels (Parcels: Parcels ÒA Ò, ÒB Ò, ÒC Ò, ÒD Ò, ÒE Ò, ÒF Ò and  ÒGÒ on survey plan No. 67 MJ 13460) as these lands are dedicated lands.

b)   Maintain the rural character of the resort Village by providing green space areas among blocks of surveyed cottage lots in existing and new subdivisions.

c)    Maintain and enhance the aesthetic appeal of the Resort Village by providing for the establishment, renewal, and protection of tree plantations as addressed in detail in the Zoning Bylaw.

d)   Keep boulevards in their naturalized state and investigate the viability of landscaping with trees in the ditches.

e)   Provide for general non-motorized recreation uses and development of park and recreation type facilities such as play areas and playgrounds, outdoor court games such as tennis or basketball courts, trails, foot paths, facilities for field sports and other developments as addressed in the Zoning Bylaw.

f)     Allow the placement of public works, village service facilities, and utility and communication easements.

g)   Avoid and minimize incompatible land uses as identified in the Zoning Bylaw. For example, Council will allow motorized access and motorized recreation travel (ATVs, motorcycles, and snow mobiles) only along designated roadways as stated in the Zoning Bylaw.

h)   Will enact appropriate bylaws to reduce the risk of fire from open-air fires, to protect the safety, health, enjoyment of residents and to protect property and trees and grasses within the Resort Village, in accordance with The Saskatchewan Clean Air Act, The Municipalities Act, The Fire Prevention Act and The Prairie and Forest Fires Act.

i)     Investigate the feasibility and ratepayer support for piped lake water to strategically located summer hydrants in Green Space areas and underground supply tanks in the winter (also, see policy section about Services).

j)     Ensure that grounds management efforts be guided by awareness of fragile site conditions such that Green Spaces are managed under dry-land conditions as set out in the Council approved report: A Report on the Afforested Areas and Grasslands of the Resort Village of Mistusinne October 2006.

k)   Council will investigate the viability and feasibility of piped lake water to Green Space areas.

l)     Council will continue promoting community tree planting efforts (Friends of Trees) and environmental stewardship.

m)  Include the following green space zoning district in its zoning bylaws:

(GS) Ð Green Space

The intent of the GS district is to provide lands as buffers between clusters of cottage lots and other use areas or Zoning Districts so as to maintain the rural character of the village and to provide for Village residents with aesthetically pleasing environment, compatible low impact recreational use.

2.3      POLICIES FOR DEVELOPMENT IN THE MISTUSINNE COMMONS DISTRICT (MC)

This designation reflects existing recreational areas (golf course and lake shore access, beach area and boat launch) and areas to be used for recreational purposes. Recreational uses may occur in Green Spaces where such uses are compatible with the primary purpose of the area.

 

2.3.1  Background

Most residents are attracted to the Resort Village because of the lakeside outdoor recreation opportunities and pleasant environment of the community. Recreation is a major part of the social and cultural life of the Resort Village.  Active community involvement is encouraged and supported through community activities (sports days and golf tournaments, fund raising events, use of the Mistusinne Community Centre) and participation on committees (Recreation and Social Committee, Emergency response Committee, and Friends of Trees Committee).

  

Policies of this section are supported by open space management policies (See: OPEN SPACE MANAGEMENT) in such areas as fireworks, control of pets, public safety, pollution (garbage, dumping of waste) and interference with the enjoyment of open space areas.

 

Residents and Council are concerned about:

á       The need for improved beach-related access and sanitary facilities.

á       The advisability of providing uncontrolled vehicular access to beaches and opens spaces.

á       Appropriate use of open fires and fireworks. .

á       The need to restrict motorized vehicles on the beach for safety and environmental reasons.

á       The operation of the boat launch which has proven extremely problematic due to the lack of a natural harbour and its exposure to strong winds.

á       The impact of off-road vehicles on: the peace and quiet of residents, fragile soils, visitor enjoyment, sensitive shoreline habitat, and winter wildlife habitat.

á       Conflicts among different shoreline and lake users.  Off-road vehicles (ATVÕs) on beaches and boating and swimming activity related safety are a concern to the safe and enjoyable use of the reservoir and natural environment. Council has passed bylaws on beach safety (no open fires, no dogs off leash, and no swimming near boat launch) and regulating the use of ATVÕs and quads. In a follow-up survey of ratepayers (See: APPENDIX C: Feedback on Recreation Related Bylaws, January 2008) Council found general support for those bylaws.

á       The increased non-resident use of village-funded recreation facilities has become an expressed concern.  Funding recreation services such as the boat launch and golf course are a combination of property taxes and fees.  Council instituted a two-tier fee system for resident taxpayers and non-residents for the use of boat launch parking and for the sale of annual golf passes. 

 

The main summer recreational activities (See: APPENDIX B: Leisure/Recreation Survey, January 2008) in the Resort Village focus on the lake and include swimming and beach activities, boating and fishing, and exploration along the beach. Other common recreational activities include:

á       Golfing on the villageÕs nine-hole golf course,

á       Hiking and nature walks (Trans Canada Trail),

á       Biking on village streets,

á       Use of motorbikes and ATVÕs (Since 2007, restricted to paved streets, access roads and the area north of the golf course).

á       Village residents also make use of the Elbow marina and golf course, and TuftÕs Bay in Elbow for swimming lessons.

 

Winter recreation includes ice fishing, cross-country skiing, tobogganing (on the newly establish hill to the north of the village), and snowmobile riding (since 2007, restricted to ditches and the area north of the golf course).

 

Opportunities for socializing in the Resort Village occur when cottage owners meet at the Community Centre, on the golf course, during evening strolls or bike rides along the paved streets and are promoted by community-organized events such as golf tournaments or fun-days for families. 

 

Although the survey found that the range of opportunities offered are considered adequate based on the general survey, the management of those opportunities should be improved in terms of the quality of development (beach access, boat launch parking and mooring), services (cleanliness of bathrooms) and operations (removal of sand from the boat ramp). A few of the responses (2 out of 134 returns) would have liked to reintroduce ball diamond (abandoned several years ago) and horse shoe pits (banned from green space by Council several years ago). Both of these would be well attended during community sports events.

 

Land capacity for expansion of recreation land use is present on green spaces, the building setback area (backshore lands), and future expansion area and along the beach. There is sufficient space for the expansion of the existing 9-hole golf course to 18 holes and for the expansion of a system of interconnecting trails with the Trans Canada Trail. 

 


Cottage owners have the opportunity to influence the planning, development and operation of leisure opportunities through committees:

á       The Beach and Water Front Committee,

á       The Golf Committee, and

á       The Recreation and Social Committee.

 

It is anticipated that many of summer users will remain as homeowners for the term of this Plan.  It is further expected that social and cultural development will be increasingly more important as more residents and their friends spend more of their leisure time at the village. As the original cottage owners from 1970Õs and 80Õs continue to divest their cottages, leisure and recreation interests of new residents will require monitoring.

 

Council considers the provision of land and opportunities, facilities and programs, and open spaces an important part of creating a sense of community for the citizens to the extent possible given the primarily seasonal occupancy and fiscal resources of the Resort Village of Mistusinne. Council recognizes that recreation and social development can play an important role in nurturing community mindedness.

2.3.2    Objectives

CouncilÕs objectives are to:

1.    Provide for public access to the lake.

2.    Provide land for recreation.

3.    Promote safe, healthy and enjoyable recreation use of open space environments.

4.    Avoid and minimize potential recreation land use conflicts.

5.    Provide for recreational development and use compatible with area resources.

6.    To provide for recreation developments the ratepayers desire and are willing to support.

2.3.3    Policies

Council will:

a)   Set aside land for future recreational development.

b)   Periodically monitor the leisure and recreation interests of the community to ensure that developments and bylaws are responsive to the wellbeing of the community.

c)    Continue to involve residents in the planning, design and implementation of recreational and social opportunities in the Village.

d)   Give preference to providing recreational opportunities with the greatest number of compatible recreational purposes and the least impact on the environment.

e)   Develop a cost recovery policy with the view to determining the level of support required from the property tax base and the amount resident and non-resident users should pay toward the cost of using certain recreation facilities in the Resort Village.

f)     Not need to undertake, during the time frame of this Plan, major new recreation developments are required. However, improvements to existing recreation developments will be required for the safety, health and wellbeing of residents.

g)   Undertake major facilities developed only after opportunity for public comment has been give to the electorate of the Resort Village.

h)   Work toward achieving a trail network, consisting of paths along village roads, and trails that link subdivision blocks and provide pedestrian access and bike paths to the lakeshore and the Trans Canada Trail.

i)     Enact bylaws to control litter.

j)     Cooperate with neighbouring parks, municipalities and service clubs regarding recreational and social activities for the benefit of residents.

k)   Review the experiences of other resort communities in dealing with boat launches and floating docks in other deep draw down reservoirs to address concerns with boating facilities in the Resort Village.

l)     Investigate ways to promote safe, healthy and enjoyable use of the beach and water areas. Beach and boating activities and offshore fishing activities will only be permitted with sufficient separation of activities for reasons of safety.

m) Work with federal authorities to provide for a night-time navigational beacon at the boat launch.

n)   Control or prohibit the use of open space areas for camping and other similar private use.

o)   Control or prohibit, through its bylaws, the use of all terrain, snowmobile and other recreation vehicles within the resort Village. (Note: Although all terrain vehicles and snowmobiles are allowed to enter and travel along the beach during the winter months, noise from these travels has a stressful effect on the winter wildlife habitat along the shore land corridor. Sand blowout from the beach zone on to the backshore intensifies as these vehicles traverse the backshore lands. As more information becomes available about the environmental and cultural values of these areas, the compatibility of these motorized uses may require review; for example, the entire beach zone in the resort village is considered important shorebird habitat and a peaceful setting for beach walks).

p)   Restrict uses of environmental reserves to environmentally compatible recreation uses.

q)   Restrict the use of the Green Spaces (parcels between private cottage lots) to non-motorized recreational uses and access to the lake.

r)     Encourage community volunteerism.

s)    Include the following recreational zoning district in its zoning bylaw:

( ) MC - Mistusinne Commons District (Recreation)

The intent of the MC district is to provide land for and regulate recreation access to the open spaces, shorelands and the lake, along with related recreational developments for the residents of the Resort Village of Mistusinne.

2.4      POLICIES FOR DEVELOPMENT IN THE COMMUNITY SERVICES DISTRICT (CS)

This designation reflects facilities and areas that deliver services to the community.  This designation is reserved primarily for Village facilities on surveyed (lots 100 to 103 in Block 1) and un-surveyed Crown lands.

2.4.1  Background

Background

Critical to the well-being and quality of life of residents of the Resort Village is the provision, maintenance and renewal of basic municipal services in the following key areas: potable water, waste disposal, groundwater protection, and fire protection. The type and level of current services is relatively basic and considered acceptable by the majority of residents.  An overview of current services, by type and level, and financial responsibility is found in the following table:

Community Services, Past and Present

Service

Initial basic (circa 1980)

Current basic

(2008)

Responsibility

Water, potable

Two Community (hand pumps) and private wells

Private wells only

(community wells would require certified operation for public use)

Individual

Non-potable water well

 

By the fire hall, for golf course and private use

Coin operated for private use

Power

Sask Power

Sask Power

Individual billed for use of electricity

Streets

Gravel, graded

Paved

Property tax

Sewer

Septic tank and field spraying by service provider

Septic tank, cottages

  Community Centre,

  Maintenance Building,

  Golf course

Individual

Property Tax

Property Tax

Property Tax

Collection

 

Service provider

Individual hires service provider

Disposal

Field spraying by service provider

Dumping into sewage lagoon

And field spraying in 2007

Access fee  from

property tax

 

Back to lagoon in 2008

Two tier access fee

Garbage          

House-

hold

garbage

 

Individual ratepayer home or to Elbow

 

Service provider contracted hauls to central location

 

Property Tax

Construction waste

Individual ratepayer home or to Elbow

Individual ratepayer to Elbow transfer site

Individual pays Elbow

Branches,

leaves

Individual hauls to burn pile north of boat launch

Property Tax for pile maintenance

Recycling

 

Implemented in 2007

Property Tax

Green space maintenance

Tree plantations and grass cutting, and fire guards (tree planting mostly  by volunteers)

Property Tax

Golf course

By Village maintenance

Greens keeper added in 2005

Fees, volunteers

Boat launch

Upgraded in 2000

Property Tax

Boat launch Parking fee bylaw in 2007

Fee and tax

Snow clearance

 

Snow clearance on village roads, by contract.

Property tax

 

Snow clearance on private lots

Individual

Storm drainage

Natural permeability of open space areas and grass lined swales/open ditches

 

Fire protection

Village contracts with the Village of Elbow

Property Tax

Pump and water truck

Fire hall and  water truck to haul water to ElbowÕs fire truck

Volunteer fund raising at golf tournament

Fund raising

Policing and bylaw enforcement

Annual fee to RCMP

Bylaw enforcement officer used summer 0f 2007 only

Property tax

Library

 

Library membership fee

Property tax

School

School tax on property goes to School Board in Rosetown

Fire and police protection

The Resort Village contracts Fire Protection from the Village of Elbow.  The Village also maintains a water truck that is kept filled and ready in a heated building.  The Emergency Response Committee is a standing committee of the village with an operational budget for the purchase of firefighting equipment.  The historical co-operative arrangement between Mistusinne and Elbow regarding fire protection has been effective. 

 

The Resort Village also pays an annual fee to the RCMP for their services in policing the village. 


Roads

In 2007 the streets were resurfaced with new pavement and new measures were introduced to protect paved streets.  The Resort Village has been doing some limited maintenance of roads and parking. The Village contracts snow clearance on the roads.

Garbage

The Resort Village currently contracts for hauling the garbage from the village to Saskatoon. The Resort Village operates an unsupervised garbage drop-off with garbage bins in a central location and a supervised recycling drop-off in a nearby building.  The Resort Village also contracts the hauling of recyclables to a regional processing facility in Outlook. Residents also have access, on scheduled days at a fee, to the Elbow transfer site for non-domestic waste such as furniture or construction debris.  The Resort Village has a bylaw on domestic and non-domestic waste disposal.

 

In response to the rising costs of garbage disposal, in 2008 Council conducted a survey of ratepayersÕ interest in supporting a user-pay approach to garbage removal by covering the cost of garbage removal by the consumer/ratepayer rather than by the general tax base of the Resort Village. Each taxpayer would pay directly for the cost of garbage removal based on the volume of garbage generated.

Water

Each cottage owner is responsible for their own water supply.  Most cottagers have a reliable source of groundwater on their properties (wells or sand points).  A water survey in early 2007 was answered by 147 of the cottage owners (60%) and revealed that: 54% had wells or sand points to meet their water needs; 40% had merely adequate supply, and 6% had inadequate supply or no water, and were forced to rely on hauling water.

  

When asked about interest in a seasonal non-potable irrigation system using lake water, from the 93 ratepayer responses, 56 % were interested in such a project; 21% were opposed; 10% wanted a potable water system; 13% wanted more information about costs.

 

During 2006-2007, the Village Water Committee investigated the feasibility of future potable water line from Elbow and the construction of an irrigation water system using water from the Lake. The CommitteeÕs recommendation to Council was:

á       Discontinue the pursuit of a potable water system as the costs of installation and monthly water rates were out of reach for most residents and

á       Explore the feasibility of a non-potable water system from the reservoir for irrigation water, fire standby capacity, and for lessening the demand on low yielding wells in the resort Village.

 

Protecting the quality of groundwater is extremely important to the residents of the Resort Village. Water supply would also be an issue as additional lots were considered. Council is concerned about the sustainability and safety of the groundwater supply in the Resort Village of Mistusinne.

Sewage

Wastewater disposal from cottage lots has been the responsibility of the cottage owner.  A septic removal company (service provider) dumps sewage from individual septic tanks into the Elbow sewage lagoon. Information from the service provider showed that 40% of the sewage pump-outs were from Ôall yearÕ (10.8 average pump outs per lot) and 60% from ÔsummerÕ 2.6 average pump outs) and Ôrare useÕ (one pump out or less) pump-out services in 2006.

 

In early 2008 Council negotiated yearly temporary lagoon usage agreement with the Village of Elbow and stopped field spaying (2007) of raw sewage. This 2008 agreement is not based on number of pump-outs but rather, is an access fee. The Resort Village collects the access fees and turns them over to the Village of Elbow ($84 per year for year round access and $42 per year for six month access, mid April to mid-October). Residences in Elbow not connected to the sewage are charged the same fees.  These fees occur in addition to the cost of private hauling.

 

Since then, the Resort Village was also invited to participate in planning for a joint expansion to the Elbow lagoon. Should Council find this the least costly solution, the Mistusinne consumer ratepayers will be required to pay its share of the lagoon costs.

 

Critical issues

Council considers that the most critical municipal service issues facing the Resort Village during the duration of this Official Community Plan include:

á       The potential impact of drought on nearly all shallow wells in the resort Village, barely adequate sources of groundwater for potable water for about 40% of the cottages and the need for ÔcertifiedÕ communal well(s) as back-up solution;

á       The threat of groundwater contamination and uncertainty about the sustainability and safety of groundwater supply of the Resort Village;

á       Fire protection of property and village trees and grasses;

á       Dealing with sewage and waste disposal in an environmentally and economically sustainable way;

á       The need for a reliable sewage disposal solution for the Resort Village;

á       The anticipated impact of possible subdivision expansion on available groundwater source for use of present residents and on sewage and waste disposal;

á       The need to continue with seeking out beneficial municipal service partnerships (sewage, fire protection, source water protection) for the Resort Village; 

á       The need for a cost recovery policy to finance the provision and renewal of municipal services.

2.4.2    Objectives

CouncilÕs objectives are to:

1.    Maintain services at existing levels.

2.    Provide land for municipal service requirements and facilities.

3.    Protect groundwater supply.

4.    Assess the sustainability and safety of groundwater supply for present and future uses in the Resort Village.

5.    Investigate the feasibility of communal wells as a back-up solution for cottagers who have little or no water on site.

6.    Investigate the feasibility and affordability of using lake water to augment non-potable water supply to the Resort Village.

7.    Provide an acceptable level of solid collection and disposal that is economical and environmentally safe.

8.    Protect roads and roadways from unauthorized land uses.

9.    Ensure costs of servicing new subdivision developments will not create an undue burden on the ratepayers of the Resort Village as a whole.

10.          Develop cost recovery objectives for the provision and renewal of services in the resort Village.

11.          Review ÔrateÕ structures for sustainable financing of municipal services in an equitable way.

12.          Pursue community/regional/provincial partnerships that will increase the feasibility of municipal service capabilities (fire protection, waste management, and use of recreation and cultural facilities) for the benefit of Village residents.


2.4.3  Policies

Council will:

a)   Maintain services to provide at least existing levels of service.

b)   Update the Crown land lease agreement to provide land for municipal service requirements and facilities.

c)    Maintain a fire protection service agreement with the Village of Elbow.

d)   Investigate ways of improving fire protection.

e)   Engage the services of the RCMP for policing the Resort Village and may, on occasion, engage the services of bylaw enforcement officers for promoting education and compliance with village bylaws.

f)     Protect the groundwater.

g)   With the help of provincial authorities, will investigate alternatives for approved sewage dumping/disposal.

h)   On behalf of the consumer ratepayers, will seek a fair agreement with the Village of Elbow on sewage dumping/disposal.

i)     Provide for garbage removal that is economical while minimizing abuses to the system.

j)     Promote recycling of waste.

k)   Because of concerns over accelerated deterioration of paved roads, enact bylaws to provide for the protection of streets from unauthorized land uses.

l)     Develop a drainage protection plan along village roadways.

m) Explore ways to assess the sustainability of the supply of groundwater underneath and beyond the Resort Village.  In facing the need to assure long-term sustainability of a water supply for the Resort Village, at least the following issues/needs must be considered:

i.      Information about the sustainability of groundwater.

ii.    Information about the quality of ground water.

iii.   Information about the effect of village expansion on groundwater supply for the use of existing and future residents.

n)   Investigate the feasibility and affordability of a seasonal irrigation system using lake water to take the pressure off village wells for watering trees and golf greens and providing assured water source for fire standby during high use season.

o)   Protect the safety of the natural water supply for present and future growth and to ensure that the groundwater water supply is safe from potential threats, such as use of pesticides, fertilizers, outside showers, leaking fuel tanks and septic tanks.

p)   Periodically require ratepayers to test their water wells and septic tanks as stated by resolution of Council

q)   In light of the need for a self-funded municipal operation and capital renewal fund, Research a cost recovery policy on the level of subsidy (if any) required from the property tax base and the amount that ratepayers/residents/visitors should pay towards using village and regional services or facilities.

r)     Through researched proposals and public consultation, develop and establish a rate structure for use of municipal services that will ensure ongoing operating, maintenance and capital replacement costs that will be recovered from the resident and non-resident users based on consumption patterns.

s)    Promote increased resident awareness of water conservation, recycling, and reduction of waste through various means of communication with the residents and visitors of the Resort Village.

t)     Council Pursue community/regional/provincial partnerships that will increase the feasibility of infrastructure/service capacities (fire protection, waste management, health services and use of recreation and cultural facilities) for the benefit