2020 10 Municipal Development Plan Bylaw with Schedule A
Empress, Alberta
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VILLAGE OF EMPRESS
BYLAW NO. 2020-10
BEING A BYLAW OF THE VILLAGE OF EMPRESS IN THE PROVINCE OF ALBERTA TO
ADOPT A MUNICIPAL DEVELOPMENT PLAN
WHEREAS the Municipal Government Act, R.S.A. 2000, c M-26 and any amendments thereto,
mandates the Council of a municipality to adopt a municipal development plan.
WHEREAS a Public Hearing as required by section 692 of the Municipal Government Act
R.S.A. 2000, c M-26 will be held prior to second reading of this Bylaw;
NOW THEREFORE the Municipal Council of the Village of Empress, duly assembled, hereby
enacts as follows:
1. BYLAW TITLE
1.1 That this bylaw is called the "Village of Empress Municipal Development Plan Bylaw".
2. MUNICIPAL DEVELOPMENT PLAN
2.1. The document entitled "Village of Empress - Municipal Development Plan
dated August 20, 2020 attached hereto as Schedule "A" to this
bylaw, is hereby adopted as the Municipal Development Plan for the Village of Empress.
3. EFFECTIVE DATE
3.1. This Bylaw takes effect on the date of the third and final reading.
READ A FIRST TIME this 20th day of August, 2020.
READ A SECOND TIME this 22nd day of October, 2020.
READ A THIRD TIME AND FINALLY PASSED this 22nd day of October, 2020.
Carmen Cooper
MAYOR
Debbie Ross
CHIEF ADMINISTRATIVE OFFICER
Village of Empress
Bylaw 10-2020 Schedule "A"
Village of Empress MDP 2020
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1.0 Introduction
1.1 Statutory Requirements of the Plan
1.2 Interpretation
2.0 Context
2.1 History of the Community
2.2 Population Trends
2.3 Regional Context
2.4 Land Base
2.5 Existing Infrastructure and Capacity
3.0 Future Development
3.1 Municipal, Environmental & School Reserve
3.2 Sour Gas Facilities
3.3 Residential
3.4 Commercial
3.5 Industrial
3.6 Parks and Open Space
3.7 Agriculture, Undeveloped & Urban Reserve
3.8 Environment
3.9 Infrastructure & Utilities
4.0 Phasing of Development
4.1 Residential Growth
4.2 Commercial & Industrial Growth
5.0 Implementation
Table of Contents
4
5
7
9
9
9
9
12
13
14
14
15
16
18
18
21
24
24
25
31
31
32
33
Village of Empress MDP 2020
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Figure 1: Hierarchy of Plans
Figure 2: Regional Context
Figure 3: 2018 Census Data
Figure 4: ERCB Setbacks
Figure 5: Future Land Use
Figure 6: Parks & Open Space
Figure 7: Water Distribution System
Figure 8: Sanitary Distribution System
Figure 9: Road Network
Figure 10: Undeveloped Land
List of Figures
7
12
16
Village of Empress MDP 2020
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1:0 INTRODUCTION
The Municipal Development Plan (MDP) is a statutory document identifying the long term
goals and policy objectives for the purpose of guiding the physical, social and cultural
growth in the Village of Empress. It is a statement of intent for the future of the
community and will serve as a document to guide Council, the public, developers, and
others in making future land use decisions. Further, the Plan identifies desired goals
against which all current subdivision and development proposals may be evaluated. It is
the community's intent to evolve in a manner which is logical, environmentally
responsible and economically feasible for the long term benefit of its residents and
investors and most importantly, for future generations who will inherit the results of the
decisions made today.
Village of Empress MDP 2020
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T
1.1 Statutory Requirements of the Plan
Section 632(1) of the Municipal Government Act (R.S.A., 2000, Ch M-26) provides that
every council of a municipality must by bylaw adopt a Municipal Development Plan.
Section 632 (3) of the MGA states:
The MDP must address:
I.
the future land use within the municipality,
II.
the manner of and the proposals for future development in the municipality,
III.
the coordination of land use, future growth patterns and other infrastructure
with adjacent municipalities if there is no intermunicipal development plan
with respect to those municipalities,
IV.
the provision of required transportation systems either generally or
specifically within the municipality and in relation to adjacent municipalities,
and
V.
the provision of municipal services and facilities either generally or
specifically,
The MDP must contain:
I.
policies compatible with the subdivision and development regulations to
provide guidance on the type and location of land uses adjacent to sour
gas facilities,
II.
policies respecting the provision of municipal, school or municipal and
school reserves, including but not limited to the need for, amount of land
allocation of those reserves and the identification of school requirements in
consultation with affected school boards,
III.
policies respecting the protection of agricultural operations.
The MDP may address:
I.
proposals for the financing and programming of municipal infrastructure,
II.
the coordination of municipal programs relating to the physical, social and
economic development of the municipality,
III.
environmental matters within the municipality,
IV.
the financial resources of the municipality,
V.
the economic development of the municipality, and
VI.
any other matters relating to the physical, social or economic development
of the municipality.
Village of Empress MDP 2020
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The MDP may contain:
I.
statements regarding the municipality's development constraints, including
the results of any development studies and impact analysis, and goals,
objectives, targets, planning policies and corporate strategies, and
II.
policies respecting the protection of conservation reserve in accordance
with section 664.2(1)(a) to (d).
Section 632(4) of the MGA states:
I. A municipal development plan must be consistent with any intermunicipal
development plan in respect of land that is identified in both the municipal
development plan and the intermunicipal development plan.
The Municipal Development Plan shall become a statutory document
of the Village of Empress on the day it is adopted by Council. This
plan shall not relieve a person from compliance with the Land Use
Bylaw nor any other document established pursuant to the
Municipal Government Act. It is intended to provide the
framework that will guide and inform more detailed plans and
policies. In particular, the Land Use Bylaw will be an important tool
for implementing the policies of this plan.
Village of Empress MDP 2020
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T
Figure 1: Hierarchy of Plans
1.2
Interpretation
This MDP uses specific language to ensure clear and concise policies that are to
be used to guide decision making. Further, it is important to ensure these policies
are communicated in the proper context. The following words are to be
interpreted throughout the plan as follows:
Shall, require, must, or will: mean that the policy is mandatory; exceptions would
require an amendment to the Pan.
Should: always applies to the situation unless it can clearly be identified to the
agreement of Council or the Approving Authority that in the given situation, the
policy is not reasonable, practical or feasible.
May: acknowledges support in principle and indicates that Council or the
Approving Authority has the discretion to determine the level of compliance that is
required.
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Unless otherwise required by the context, words used in the present tense include the
future tense; words used in the singular include the plural; and the word person includes
a corporation as well as an individual. Unless otherwise stipulated, the Interpretation Act,
Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this bylaw.
Words have the same meaning whether they are capitalized or not.
All references to a specific agency, body, or department were accurate at the time of
writing. It is understood that agency, body and department names change from time to
time. All references throughout the Plan shall therefore be considered to be applicable to
the current relevant agency, body or department.
The geographical or relative boundaries or any variable presented on the maps
contained in this Plan, shall be interpreted as a rough approximation and not an accurate
depiction of its actual or full extension.
illage of Empress MDP 2020
2.1
History of the Community
Empress was named in 1913, for Queen Victoria, who was also Empress of India. In the
past it was known as the "Hub of the West, connecting major cities together by the
Canadian Pacific Railway. It is located at the confluence of Red Deer River and South
Saskatchewan River, at an elevation of 650 metres (2,130 ft.).
2.2
Population Trends
In
the 2013 Census of
Population conducted by
the Village of Empress, a
population
of
126
was
recorded.
In
the
2018
Municipal
Census
the
population had grown to
155 people living in 71 of its
109 total private dwellings,
a 23% increase. Along with
our full time residents we
have a significant number
of seasonal dwellers who
use
Empress
as
their
summer home.
2.3
Regional Context
The Village of Empress is in
southeastern Alberta along
the
Alberta/Saskatchewan
border, connected to
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2.0 CONTEXT
Village of Empress MDP 2020
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Buffalo Trail by Highway 899, and Highway 562. The corporate limits encompass 7.07
square kilometres. The region contains prime agricultural land with a flat to rolling
topography, which supports a wide variety of extensive grain and cattle operations as
well as industrial/commercial projects. Empress is also widely known for its Artisan
community, housing a number of Artisans in many genres from writers to painters, potters
to jewelers, etc.
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Figure 2, Regional Context
Village of Empress MDP 2020
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2.4
Land Base
The Village of Empress has a land base of approximately 399.37 acres within the Village
Boundaries and 242.83 Acres in Special areas along the Red Deer River. Currently,
approximately 247 lots or 54% of the lands within the Village boundary are undeveloped.
Land Use District
Code
# of Parcels
Total Acres
Privately
Owned
Municipally
Owned
Vacant
Private
Vacant
Municipal
Commercial
C
46
28
18
10
5
Industrial
I
34
9
25
2
25
Residential
R
191
167
24
40
21
Manufactured
Home Park
MH
29
2
27
1
27
General
G
155
86
69
64
52
Parks & Open
Space
Peter
Fidler
242
Total
455
242
292
163
177
130
Figure 3, 2018 Census Data
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2.5
Existing Infrastructure and Capacity
The Village of Empress completed a new water treatment facility in 2013, and in 2019 the
Water pump station will be completed. The municipal water and wastewater systems
have adequate capacity to service a population of approximately 300 to 350 people. In
2016 water and sewer mains were extended to service an additional 27 lots on the north
end of the Village.
It should be noted that currently all 399 acres in the Village of
Empress are zoned, but some parcels are vacant to be developed.
Village of Empress MDP 2020
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3.1
Municipal, Environmental and School Reserve
The Municipal Government Act (MGA), stipulates that a Municipal Development
Plan must address the provision of municipal and school reserve.
a)
Objectives
I.
To establish guidelines for the allocation of municipal and school reserve.
II.
To ensure that any applicable municipal and/or school reserves are
addressed or acquired at the time of subdivision.
b)
Policies
I.
Municipal and/or school reserve will be provided in accordance with
section 666 of the Municipal Government Act.
II.
Where the reserve requirement is to be satisfied as money in place of land,
it shall be done so in accordance with the provisions of section 667 of the
Municipal Government Act.
III.
Municipal and/or school reserve will not be required to be provided subject
to situations under section 663 of the Municipal Government Act.
IV.
In the opinion of the Municipal Planning Commission, environmental
reserve may be provided at the time of subdivision, in accordance with
section 664(3) of the Municipal Government Act, but environmental
easements may also be considered.
V.
Where the provision of land for municipal, school or environmental reserve
has been required, such lands shall be designated on a final instrument
and registered for those purposes at Land Titles Office in accordance with
section 665 of the Municipal Government Act.
VI.
Where the municipality is of the opinion that certain lands may be
resubdivided in the future, the Subdivision and Development Authority may
require that municipal or school reserves be deferred by caveat pursuant to
section 669 of the Municipal Government Act.
VII.
The municipality may also acquire lands for municipal reserve purposes
pursuant to section 665 of the Municipal Government Act.
3.0 Future Development
Village of Empress MDP 2020
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VIII.
The Village of Empress will receive all municipal reserve funds paid and,
should a school authority in the future require land for a school, an
agreement for possible municipal assistance will be discussed at that time.
3.2
Sour Gas Facilities
The Municipal Government Act (MGA), stipulates that a Municipal Development Plan
must address guidance on land use adjacent to sour gas facilities.
a)
Objectives
I.
To meet the legislative requirements of the Municipal Government Act, the
Provincial Land Use Policies and the Subdivision and Development
Regulation.
II.
To identify any sour gas facilities within the corporate limits of the Village of
Empress.
III.
To minimize any adverse land use conflicts for a proposed subdivision or
development in close proximity to a sour gas facility.
b)
Policies
I.
The municipality shall ensure that all subdivision and development
applications that are located within 1.5 kilometres of a sour gas facility are
referred to the Energy Resources Conservation Board (ERCB).
II.
Pursuant to section 619 of the Municipal Government Act, a license, permit,
approval or other authorization granted by the Energy Resources
Conservation Board, Alberta Energy and Utilities Board or Alberta Utilities
Commission shall prevail over any bylaw or land use decision rendered by
the municipality.
III.
Residential subdivision and development shall not be approved if it would
result in development within 100 metres of a gas or oil well unless the
development would be within a lesser distance approved in writing by the
Energy Resources Conservation Board, pursuant to section 11(1) of the
Alberta Subdivision and Development Regulation.
IV. Setback guidelines for sour gas facilities shall be in accordance with the
standards established in Figure 4 - Minimum Setback Distances provided
Village of Empress MDP 2020
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by the Energy Resources Conservation Board or any subsequent standards
should these existing guidelines be revised.
Figure 4, ERCB Setback Guidelines
3.3
Residential
The focus of the Municipal Development Plan is primarily on the development of
new residential areas; however, it is sound planning for the future to advocate the
infill of existing, vacant residential properties first, taking into consideration the
costs associated with the extension of utilities. Whether considering new or infill
development opportunities, it is imperative to ensure that all development
supports the creation of safe, attractive neighbourhoods which provide accessible
housing to a wide range of individuals with a variety of needs.
Village of Empress MDP 2020
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a)
Objectives
I.
To encourage the use of existing, vacant, serviced lots for residential
development.
II.
To encourage a diversity of housing types and densities within the Village.
b)
Policies
I.
To promote the development of vacant lots.
II.
Council may offer tax incentives to encourage development of vacant
residential lots in the Village.
Village of Empress MDP 2020
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3.4
Commercial
The Village supports commercial development on undeveloped land in existing
designated commercial areas.
a)
Objectives
I.
To encourage appropriate commercial development to locate in the
Village.
II.
To encourage a diversified range of commercial activities and services.
III.
To encourage the use of vacant commercial lots and buildings in the
Village, prior to developing greenfield lands.
IV.
To encourage commercial development that will promote tourism, retail
sales and employment in the Village.
b)
Policies
I.
To promote development of vacant commercial properties, Council will
provide information that directs prospective commercial operations to
relevant agencies that can provide further assistance.
II.
Council may compile a registrar of commercial uses that the community
considers needed in the Village, to identify current gaps in commercial
services, and actively seek to fill the gaps through such actions as
recruitments and promotions.
III.
Council will ensure that future development will be contiguous with existing
developed areas and shall have regard for the adequacy of existing
services and the feasibility of extending them.
3.5 Industrial
Industrial development will always play an important role in the economic well-being and
financial viability of the Village of Empress. Increasing local employment opportunities,
outside of agriculture related pursuits, will help to diversify and potentially stabilize the
local economy.
Village of Empress MDP 2020
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a)
Objectives
I.
To encourage a diversity of industrial activities in the Village of Empress.
II.
To physically separate industrial land uses from incompatible land uses.
b)
Policies
I.
Council shall promote appropriate land in the Village for industrial purposes
through social media and marketing campaigns with our regional partners.
II.
Industrial development will occur in a logical manner, with utilities being
extended from the boundary of existing development.
III.
Council and/or the Development Authority shall consider the environmental
impacts of any proposed industrial development or subdivision in the
Village.
Village of Empress MDP 2020
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Figure 5, Future Land-Use
Village of Empress MDP 2020
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3.6 Parks and Open Space
Recreational space, whether in the form of open space or a manicured and maintained
park, is a valuable amenity in the Village of Empress and can contribute to a higher
quality of life for its residents. Access to cultural and recreational facilities is also
important in the evolution of the community and can contribute to increased tourism
opportunities.
a)
Objectives:
I.
To preserve and enhance the current natural areas and facilities in the
Village of Empress.
II.
To encourage recreational developments that will promote tourism.
III.
To encourage service clubs in promoting the Village of Empress.
IV.
To encourage volunteer efforts in community facilities, events and
programs.
Village of Empress MDP 2020
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b)
Policies:
I.
Council should ensure that the Village's recreational facilities are promoted
and advertised on a regional basis through social media, marketing with
our regional partners, newsletters and the village of Empress website.
II.
Areas unsuitable for development due to cost, may be retained as low
maintenance, natural park areas to increase the range of recreational
opportunities within the community.
III.
Council should work in conjunction with service clubs, community groups,
volunteer groups, and outside agencies, for the betterment of community
facilities and special events.
Village of Empress MDP 2020
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Figure 6, Parks & Open Space
Village of Empress MDP 2020
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3.7 Agriculture, Undeveloped & Urban Reserve
Lands that are currently being utilized for small scale, agricultural purposes or are
undeveloped are generally identified under the Land Use Bylaw as "General" land for the
time being. It is noted that support for a limited range of agricultural pursuits will not
prejudice the future conversion of the lands to a variety of more intensive, urban
developments.
a)
Objectives:
I.
To support the agricultural community.
II.
To minimize conflict between agricultural operations and other uses.
b)
Policies:
I.
To support new agricultural ventures and continue to allow appropriately
scaled agricultural operations to continue within the urban boundary.
II.
To minimize conflict between agricultural operations and other uses both
within the Village boundaries and outside in the adjacent rural community,
by continuing consultation with potentially affected land owners, municipal
neighbours and Provincial authorities.
3.8 Environment
One of our most significant and enduring resources is the natural environment. The
natural vegetation we see, the air we breathe and the water we drink are important
basics in our everyday lives and we need to effectively limit or reduce our environmental
impact within not only the community, but the region as well. Individual actions can make
positive contributions to regional initiatives focussing on not harming, and in fact
improving, the local environment and the ecological features which sustain our lifestyles.
Village of Empress MDP 2020
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a)
Objectives
I.
To encourage any development in
the Village to minimize its impact on the
air, water, and soil resources of the area.
II.
To encourage recycling of waste
materials in the Village of Empress, both
by
individuals
and
by
service
organizations.
b)
Policies
I.
Council
may
develop
and
implement
a
tree
planting
and
replacement program for the community.
3.9 Infrastructure and Utilities
The maintenance and operation of viable, affordable and sustainable community
infrastructure is extremely important to residents. Road maintenance, for example, is one
of the community`s largest budgetary expenses. A strong system of community
infrastructure is an important component for encouraging new investment in Empress.
Village of Empress MDP 2020
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Water & Wastewater
a)
Objectives
I.
To encourage extensions to the municipal water and wastewater systems
to proceed in an orderly, efficient and cost conscious manner.
II.
To encourage the use of water conservation practices in the Village of
Empress.
III.
To maintain an up-to-date asset management program.
b)
Policies
I.
Water and wastewater systems will need to be upgraded to accommodate
full build-out of the community and will be completed in contiguous
extensions when financially viable.
II.
Water and wastewater systems shall be regularly monitored and
maintained.
III.
Whenever feasible, utility upgrades will be undertaken at the time of
system repairs.
IV.
Where opportunities exist for regional cooperation with other municipalities
and service providers, Council will endeavour to achieve economically
sensible solutions.
Village of Empress MDP 2020
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Figure 7, Water Distribution System
Village of Empress MDP 2020
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Figure 8, Sanitary Distribution System
Village of Empress MDP 2020
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Transportation
a)
Objectives
I.
To maintain a safe and efficient transportation system.
II.
To ensure the Village maintains all-weather, passable roads.
III.
To encourage the use of appropriately located truck routes within the
Village.
b) Policies
I.
Council may develop and implement a maintenance, dust control, and/or
paving program.
II.
Based on demonstrated demand and feasibility, the Village may install
sidewalks along existing roads.
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Figure 9, Road Network
Village of Empress MDP 2020
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4.1 Residential Growth
The sequence of residential development in the future is based mainly upon the cost and
ease by which utilities can be extended and the existing capacity of the infrastructure
within the community. Development of existing, vacant lots and the ability to extend
services to the adjacent lands owned by the Village will meet the growth needs of the
community in the near to midterm horizons. Water and wastewater utility servicing and
roads can be logically extended into this area. Full infilling of vacant lots will
accommodate 61 new residences and the development of the mobile home park could
accommodate 28 mobile homes. Thus, using an average of two persons per residency,
there is the potential to increase the Village's population by 178.
The longer term residential development envisioned by the Plan identifies the west
portion of the community for long term development which may include a wide variety of
4.0 PHASING OF DEVELOPMENT
Village of Empress MDP 2020
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housing forms and densities. The completion of this phase of development could
provide for an additional population of 220, as a low estimate. In order to proceed with
development in this portion of the community, the water reservoir and the sewage
lagoon must both be upgraded.
4.2 Commercial & Industrial Growth
The current inventory of existing vacant commercial lands consists of 10 privately held
lots and 5 municipally owned lots. It is expected that for further commercial growth to
occur, the residential expansion to the west would include a commercial district next to
the highway consistent with the current zoning.
The inventory of lands available for industrial development includes 2 privately owned
and 25 municipally owned lots. 20 of the Village owned lots are small and will probably
require some amalgamations to accommodate industrial activity. The proposed
expansion to the west would also include some Industrial lots that align with the current
land use districts.
Village of Empress MDP 2020
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The success of a Municipal Development Plan depends on the commitment of Council,
residents and the development community to implement the vision contained within the
document over the long term. As this is a high level document, more detailed studies will
be required in support of development proposals in order for Council to determine if the
objectives of this document are being met in the most logical and economical manner.
a) Objectives
I.
Keep the Municipal Development Plan relevant and in line with the needs
of the community. As the MDP is a statutory document, it must be
consistent with the higher level plans above it, including the Province's
Municipal Government Act, the Alberta Land Stewardship Act and any
Intermunicipal Development Plan which is adopted with the adjacent
municipality.
II.
Ensure that adequate information is provided in order to render decisions
on subdivision applications and development proposals.
b)
Policies
I.
The MDP shall be reviewed by Council every five (5) to ten (10) years to
ensure that the Plan remains consistent with provincial legislation; the long
term development goals of the community; and the economic factors
influencing the Village and the region.
II.
All applications for subdivision and development, including redistricting
(rezoning), should be consistent with the direction and future land use
provided by this Municipal Development Plan.
5.0 IMPLEMENTATION
Village of Empress MDP 2020
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Figure 10, Undeveloped Land