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
seal
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
1.2.12 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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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 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.
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.
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.
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.
The Residential Designation refers
to existing areas of residential development and to land subdivided for
residential development.
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.
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.
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.
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.
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
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 |
||
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.
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.
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.
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.
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.
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
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