Public Hearing

2016 – 08 – 14 Public Hearing Minutes

Bylaw 106-2016 – Land Use Bylaw of the Summer Village of West Baptiste

August 14th, 2016 10:00am

Summer Village of West Baptiste

Baptiste Lake Firehall

Public Hearing Minutes

 

Mayor Keith Wilson called the meeting to order at 10:05 am.   Mayor Wilson noted that all Members of Council were in attendance today, Myn Hursin and Ed Tomaszyk. Vivian Driver, Administrator and Secretary of the Hearing.

Planning advise will be provided by Jane Dauphinee of Municipal Planning Services who has been working with the Summer Village on this project.

 

All persons wishing to be heard at this hearing were asked to sign in on the sign-up sheet.

Persons who did not sign in could speak after those who signed in had given their testimony.

Only one person may speak at a time. This is the time for presentation of testimony. No debate is allowed.

The Mayor announced that the public hearing for the proposed Land Use Bylaw, Bylaw No. 106/2016 was open.

The ground rules of the hearing and the order of speaking will be:

 

Jane Dauphinee presented a report on the Bylaw. The report is attached as Schedule A.

Council was asked if there are any questions or points of clarification. There were none.

 

Received written materials were submitted and are attached to the Minutes. Written submissions were provided by:

  • G. and S. Grosland
  • T. Husel

 

At this time persons in attendance were asked by the Chair if they wished to speak in favor or against the proposed Bylaw.

 

Joy Husel, Sunset Beach

  • Ms. Husel expressed her concerns with the LUB as it presently stands.
  • She was concerned of future development in RSH, such as a trailer court.
  • Also had sewage concerns. Recommended that the Summer Village consider revising the wording in Section 8.16(7).
  • Ms. Husel thanked the Summer Village for providing clarification regarding the amendment, for the additional information and the open process.
  • Ms. Husel does not support the amendment the LUB that was approved prior to 1st reading. She indicated that she is concerned that increasing the density on RSH lots by 35% could have a negative impact on the Summer Village’s FireSmart Emergency Preparedness Plan.
  • Ms. Husel supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Morris Nesdole, Sunset Beach

  • Mr. Nesdole supports the amendments proposed in the planner’s report presented by J. Dauphinee
  • He recommended that a “lake assessment plan” be included as an application requirements

 

Rick Cargill

  • Mr. Cargill supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Gord Sharek,

  • Provided a bit of history on the subdivisions around Baptiste Lake. Baptiste Lake has the highest population density per square foot of water in Alberta.
  • Stated he has a problem with the July 9 motion but supports the amendment.

 

 

Susan Mitchell?

  • Opposed to the July 7 2016 motion
  • Supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Richard Marceau

  • Mr. Marceau supported Gord Sharek’s comments.
  • Opposed to the July 7 2016 motion
  • Supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Cammy Peden

  • Asked how the Village would make the bylaw ‘stick’? She indicated that she is concerned about current enforcement capacity of the Summer Village and whether the new LUB will be enforceable by the Summer Village.

The Chair reiterated that the meeting was about the LUB. The Chair also stated that if a complaint (re: enforcement concern) is made it must be submitted to Council in writing.

 

Kendra Gilbert

  • Ms. Gilbert spoke of the Water Land Act and encouraged it be included in bylaws. She commended that the LUB include strong regulations regarding limiting environmental impacts associated with development
  • Indicated that she is concerned bout the numerous existing encroachments in the Environmental Reserve Lands area adjacent to the Lake

 

Mike Schouten

  • Opposed to the July 7 2016 motion
  • Supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Tom Rumpel

  • Tom said he would like to hear from the two Councillors regarding the purpose behind the July 7, 2016 motion.
  1. Dauphinee asked the chair if she could address the question?

The Chair directed J. Dauphinee to provide clarification

Jane Dauphinee

  • Ms. Dauphinee indicated that her understanding of the purpose of the motion to revised the draft LUB to enable the 2 properties in the Summer Village with 2 existing dwellings to be able to rebuild those dwellings or to substantially renovate the 2nd dwellings in the future. Without inserting a provision into the LUB to allow the additional dwellings the two effected properties would not be able to rebuild or substantially renovate the additional dwelling. However, the wording that was proposed opened the door to the possibility of more than two dwellings on lots in the RSH district and new additional dwellings on lots in the RSH’s district and Jane did not believe that when the motion had been proposed that had been Council’s intent. The wording in the approved motion is problematic.

 

Councillor Tomaszyk

  • Councillor Tomaszyk added that the amendment attempted to recognize the Osman property which is R1. Perhaps the wording requires revision? Council will look very carefully at the revisions proposed in the MPS report and consider making those amendments.

 

Councillor Hursin

  • Councillor Hursin said that a variance had been needed but that the Village can’t keep doing variances to have a second dwelling.

 

Councillor Tomaszyk

  • Councillor Tomaszyk clarified that the amendment was absolutely not proposed in order to enable the development of another RV park or a multi-lot subdivision.

 

Gerry Johannsson

  • Asked for clarification on 8.2.2 – how many RVs on one lot and maximum number of days?

Chair directed J. Dauphinee to provide clarification

 

Jane Dauphinee

  • RVs, in addition to the maximum number of RVs allowed on a lot on a permanent basis, may be temporarily located on a lot for up to 8 days. After that time they must be removed.
  • The LUB does not state how many days in a calendar year that “temporary” RV’s can be located on a lot. This may make it difficult to enforce the “temporary” RV provisions.

 

Rick Cargill

  • Mr. Cargill strongly objected to the wording in the written submission received from Tim Husel.

The Chair stated that this objection would be noted in the minutes.

 

Gord Sharek

  • Asked for clarification regarding how many lots in the RSH District have 2 dwellings? He thought there were 3 lots with 2 dwellings.

Mayor Wilson

 

  • Clarified that there were three lots in the Summer Village with two dwellings but, one of the lots is in the R1 District. As a result, the developer of that lot was required to remove the cooking facilities from the building so the building is now considered a guest house rather than a single detached dwelling.

 

 

Richard Marceau

  • Asked why revised the amendment to allow an additional dwelling to the R1 district?

Mayor Wilson

The intention of the amendment was not to double the potential residential density in the Summer Village.

 

Tom Rumpel

  • Asked if he was to purchase an acre lot would rental of a residential be allowed?

Mayor Wilson

  • Suggested it probably would not and may be for the higher courts to decide.

Jane Dauphinee

  • 8.9.1 stated that the maximum number of dwelling units allowed on a parcel of land is one. However, Council does have the ability to make an amendment after a Bylaw is passed.
  • Regarding rental properties, the Summer Village does not have the enforcement capacity at this time to regulate whether or not houses are being rented. This is a very difficult land use to regulate even in larger municipalities with dedicated full time bylaw enforcement officers.

 

Norm Rolheiser

  • Opposed to the July 7 2016 motion
  • Supports the amendments proposed in the planner’s report presented by J. Dauphinee

 

Jim Steele, Sunset Beach

  • Identified an error on Page 46 and 47 8.1.6.7 which could create a conflict with the Private Sewage Code of Practice.

Chair directed J. Dauphinee to add the correction to the amending motion to discuss with Council at the next Council meeting.

 

Ron Wasel – South Baptiste

  • Suggested that an Development Authority should be someone outside the Summer Village.

 

Debbie Johannasson

  • Questioned why LUBs are required?

Chair directed Jane Dauphinee to provide clarification: Jane responded that every municipality in Alberta is required to have LUB.

 

Ron Wasel

  • Asked for an explanation of what is a Development Officer and what is a bylaw officer.

Keith Wilson

  • Noted that discussions have taken place with other Summer Villages and Athabasca County to the possibility of sharing a Peace Officer. Summer Villages would pay a certain percentage.

 

The next Council meeting of the SV of West Baptiste will be held October 20th, 2016, 3pm at the Executive Royal Hotel, 10010 178 St, Edmonton.

 

The meeting closed at 11:16 am.

 

Mayor

 

Administrator