Title
Consideration of a License of Occupation for Hubbles Lake Resort & RV Park
Proposed Motion(s)
That Parkland County Administration be instructed to prepare a License of Occupation (with costs of $5,000 per year and for an initial period of 3 years) that allows retention of the RV placements without the extension of public access (trails) through the Hubbles Lake Resort and RV Park.
Body
Administration Recommendation(s)
Administration supports the motion.
Summary
In 2011 it came to the attention of Parkland County that Hubbles Lake Resort and RV Park had portions of up to twenty-five (25) lakefront lots (as shown in attachment "A") situated on a County owned "R" parcel on the north shore of Hubbles Lake (shown in Attachment "B"). The photo in Attachment "C" provides an example these RV placements and the photo in Attachment "D" an example of the Reserve parcel. On initial investigation this "R" Reserve parcel it was Administratively determined to be most properly considered as "ER" or Environmental Reserve.
The initial approval for Hubbles Lake Resort and RV Park dates back to June 10, 1957. Since this time the campground has experienced various expansions (some with the approval of Parkland County and some with no apparent approval). The current ownership has been in place since early 2000 - having purchased this business from the original developer. There is no evidence throughout this history or these approvals that approvals were ever given to encroach onto the County's "R" Parcel. As the current encroachment of the RV lots is approximately 50% of the lot depth it is not possible to remove these encroachments without effectively seeing the owner most of the 25 RV lots. The owners continue to request that these encroachments (RV placements) be allowed to remain.
Site Investigation
County Administration (Paul Hanlan and David Cross) were instructed by Council on February 21, 2012 to investigate options regarding these encroachments and alternatives to secure public access to these public lands. These options included:
1. Retention of RV placements (so as not to effect the economic viability of the Campground);
2. Routing of existing trail networks - east/west and north of the Campground; and
3. Investigation of possible need to route existing adjacent trail networks through Campground.
On June 26, 2012 Paul Hanlan, David Cross and the owners of the Hubbles Lake Campground undertook an inspection of the campground - and adjacent County owned "R" Districted properties. Upon completion of this site inspection and based on the options - noted above - Parkland County Administration forwards the following eight (8) observations for Council's consideration at this time:
1. Due to proximity to the lake and grade differential between the encroaching 25 campground placements and Hubbles Lake it would not be possible to route a public (or private) trail through this portion of the campground - and retain any of the encroaching RV placements
2. Any existing trails routed through the County's "R" parcel immediately east of the campground do not connect to/into the campground lands. They redirect from following the lake shore to moving north uphill and away from the shore. There is no evidence of existing trails continuing west into the campground, and the area is significantly overgrown and does not allow ease of hiking.
3. The existing trail circumnavigating portions of Hubbles Lake (to the west of the Campground) must traverse through the back yard of the immediately adjacent private property in order to - potentially - continue into the Campground. It does not appear that this trail is well used and is very wet further to the west.
4. There is no logical - or natural trail connection - through the Campground.
5. There are no obvious or readily available trail connections to either the western or eastern ends of the Hubbles Lake Campground.
6. The owners are exceptionally resistant to the idea of a public trail through "their" property.
7. The owners indicated that they felt they could not legally accommodate a public trail through their lands.
8. The owners expressed concerns about the possible loss of the existing RV sites that may need to be removed from the County's "R" parcel along the lakefront.
Parkland County Administration suggest that a License of Occupation (LOO) for an initial period of 3 years be considered by Council. This LOO would allow the retention of the unauthorized RV placements on County owned "R" lands without extension of greater public access (trails) through the private campground (as such an extension does not appear viable or desirable to the owners). Administration is recommending a $5,000 per year fee in conjunction with the LOO and retention of the up to 25 RV placements. Administration notes that $5,000 is the estimated value of an annual campsite lease for 1 year. An initial three year term for a LOO would allow the County opportunity to further investigate options regarding these encroachments, and also reflects the maximum length of any such agreement (as recommended by the County's Solicitor).
Strategic Plan/Policy/Legal/Staff Implications
This approach is consistent with direction provided by Council to Administration in 2012 to commence soft-enforcement of ER/MR/R Encroachments and address all matters of non-compliance around Hubbles Lake.
Other
1. Council could recommend any other fee, or a shorter length of agreement, associated with a License of Occupation.
2. Council the property owner remove the unauthorized encroachments from the County's "R" parcels by the 2014 season.