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BYLAW NO. 01-2020
VILLAGE OF KITSCOTY
INCORPORATED IN THE PROVINCE OF ALBERTA
A
BYLAW
OF
THE
VILLAGE
OF
KITSCOTY
TO
ADOPT
AN
INTERMUNICIPAL
DEVELOPMENT PLAN WITH THE COUNTY OF VERMILION RIVER
WHEREAS, pursuant to Section 631(1) of the Municipal Government Act, Revised Statutes
of Alberta 2000, Chapter M-26, as amended (hereinafter referred to as "the Act"), provides
that two or more Councils of municipalities that have common boundaries must, by each
passing a bylaw, adopt an intermunicipal development plan to include those areas of land
lying within the boundaries of the municipalities as they consider necessary.
AND WHEREAS, the Village of Kitscoty and the County of Vermilion River have not
previously adopted an Intermunicipal Development Plan;
AND WHEREAS, all municipalities are required to pass the Intermunicipal Development
Plan as a result of amendments to Section 631 of the Municipal Government Act under Bill
21;
NOW THEREFORE the Council of the Village of Kitscoty, duly assembled, hereby enacts
as follows:
That the Intermunicipal Development Plan between the Village of Kitscoty and the
County of Vermilion River, attached as Schedule A and forming part of this Bylaw,
be hereby adopted.
Bylaw Title
7) This Bylaw may be referred to as the "lntermunicipal Development Plan Bylaw" or "IDP
Bylaw".
Rules of Interpretation
2) The headings in this Bylaw are for guidance purposes and convenience only.
3)
Any reference to the provisions of a statute of Alberta is a reference to that statute as
amended, from time to time.
Severability
4)
Every provision of this Bylaw is independent of all other provisions and if any provision of this
Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other
provisions of this Bylaw shall remain valid and enforceable.
Bylaw No. 01-2020
Page 7 of 2
Enactment
5) This Bylaw shall come into force and effect when it has received third reading and has been
duly signed by the Mayor and Chief Administrative Officer.
READ A FIRST TIME IN COUNCIL THIS O
DAY OFJ
t?f?/
, 2020.
I LôAL
rI'ayor 1'
Chief Administrative Officer
ADVERTISED in the /l1i/Di/1is) O--
on the
day of rE,L
2020
and the
/3
day of ,jcLtF1'2020.
PUBLIC HEARING held on this
day of 63iZ"' Y
, 2020.
READ A SECOND TIME IN COUNCIL THIS 1t-
DAY OF MAeCH
2020.
READ
A THIRD
TIME
IN
COUNCIL AND
FINALLY PASSED THIS
t17
DAY OF
SIGNED AND PASSED this t''
day of
2020.
Bylaw No. 01-2020
Page 2 of 2
"A sustainable, vibrant, and diversified community with opportunities for all".
Prepared by:
County of Vermilion River -- Village of Kitscoty
Bylaw 01-2020 "Schedule A"
This Page Intentionally Left Blank
PUBLISHING INFORMATION
TITLE:
COUNTY OF VERMILION RIVER -- VILLAGE OF
KITSCOTY INTERMUNICIPAL DEVELOPMENT PLAN
AUTHORS:
COUNTY OF VERMILION RIVER PLANNING &
DEVELOPMENT DEPARTMENT VILLAGE OF KITSCOTY
STATUS:
ADOPTED BY VILLAGE OF KITSCOTY COUNCIL
MARCH 16, 2020 BYLAW 01-2020
ADOPTED BY COUNTY OF VERMILION RIVER COUNCIL
MARCH 10, 2020 BYLAW 20-04
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
i
TABLE OF CONTENTS
PART 1.0 INTRODUCTION .......................................................................................................................... 2
1.1
ENABLING LEGISLATION ................................................................................................................... 2
1.2
GUIDING PRINCIPLES OF THE INTERMUNICIPAL DEVELOPMENT PLAN .................................................. 5
1.3
REFERENCING ................................................................................................................................. 6
1.4
DEFINITIONS .................................................................................................................................... 6
1.5
BACKGROUND ............................................................................................................................... 11
1.6
PUBLIC ENGAGEMENT .................................................................................................................... 12
1.7
COMMUNITY PROFILE .................................................................................................................... 12
1.8
INTERMUNICIPAL DEVELOPMENT PLAN FRAMEWORK ....................................................................... 14
1.9
LAND USE FRAMEWORK AND REGIONAL PLANNING ......................................................................... 14
1.10
INTERMUNICIPAL DEVELOPMENT PLAN PURPOSE ............................................................................ 17
1.11
GOALS OF THE INTERMUNICIPAL DEVELOPMENT PLAN ..................................................................... 18
1.12
ENACTMENT .................................................................................................................................. 18
PART 2.0 PLAN CONTEXT ....................................................................................................................... 19
2.1
AREA CHARACTERISTICS ............................................................................................................... 19
2.2
EXISTING HUMAN FEATURES .......................................................................................................... 25
2.3
SITE ASSESSMENT ........................................................................................................................ 30
PART 3.0 FUTURE LAND USE CONCEPT ............................................................................................... 33
3.1
HOW TO USE THIS SECTION ........................................................................................................... 33
3.2
FUTURE LAND USE CONCEPT OBJECTIVES ..................................................................................... 33
3.3
GENERAL POLICIES: ...................................................................................................................... 35
PART 4.0 LAND USE AND DEVELOPMENT............................................................................................ 39
4.1
HOW TO USE THIS SECTION ........................................................................................................... 39
4.2
AGRICULTURAL POLICIES ............................................................................................................... 41
4.3
URBAN RESERVE / URBAN GROWTH DEVELOPMENT POLICIES ......................................................... 42
4.4
COUNTRY RESIDENTIAL DEVELOPMENT POLICIES ........................................................................... 43
4.5
INSTITUTIONAL DEVELOPMENT POLICIES ......................................................................................... 44
4.6
UNSERVICED INDUSTRIAL DEVELOPMENT POLICIES ......................................................................... 45
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
ii
4.7
UNSERVICED BUSINESS/COMMERCIAL DEVELOPMENT POLICIES ...................................................... 46
4.8
SERVICED DEVELOPMENT POLICIES ............................................................................................... 47
4.9
OPEN SPACE POLICIES .................................................................................................................. 48
4.10
MUNICIPAL SERVICING AND ROAD POLICIES .................................................................................... 49
PART 5.0 IMPLEMENTATION ................................................................................................................... 51
5.1
INCORPORATION BY REFERENCE .................................................................................................... 51
5.2
INTERMUNICIPAL DEVELOPMENT PLAN IMPLEMENTATION PRINCIPLES .............................................. 51
5.3
ADMINISTRATION PROVISIONS ........................................................................................................ 52
5.4
INTERMUNICIPAL REFERRAL AND COMMUNICATION POLICIES ........................................................... 53
5.5
DISCRETION AND VARIANCE POLICIES ............................................................................................ 54
5.6
ANNEXATION CRITERIA POLICIES .................................................................................................... 54
5.7
DISPUTE RESOLUTION AND MEDIATION POLICIES ............................................................................ 56
5.8
REPEAL, REVIEW, AND AMENDMENT PROVISIONS ........................................................................... 58
PART 6.0 APPENDIX A ............................................................................................................................. 58
6.1
SUMMARY OF IDP IMPLEMENTATION TASKS ........................................................................ 58
LIST OF MAPS
MAP 1. INTERMUNICIPAL DEVELOPMENT PLAN AREA ....................................................................................... 16
MAP 2. VILLAGE OF KITSCOTY 40 KM COMMUTING RADIUS .............................................................................. 17
MAP 3. AREA TOPOGRAPHY ........................................................................................................................... 20
MAP 4. AGRICULTURE ASSESSMENT ............................................................................................................... 21
MAP 5. WETLAND ASSESSMENT ..................................................................................................................... 22
MAP 6. HYDROGRAPHY .................................................................................................................................. 24
MAP 7. LANDOWNERSHIP PATTERNS .............................................................................................................. 26
MAP 8. EXISTING SERVICING .......................................................................................................................... 28
MAP 9. HIGHWAY 16 ACCESS MANAGEMENT PLAN ......................................................................................... 29
MAP 10. DEVELOPMENT CONSTRAINTS .......................................................................................................... 31
MAP 11. DEVELOPMENT OPPORTUNITIES (INSERT ACE LINE TO VILLAGE PLEASE) ........................................... 32
MAP 12. FUTURE LAND USE CONCEPT (FLUC) ............................................................................................. 34
LIST OF TABLES
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
iii
TABLE 1. WETLAND CLASSES, FORMS AND TYPES IN THE ALBERTA WETLAND CLASSIFICATION SYSTEM. WETLAND
CLASSIFICATION CODES FOR MAPPING USES ARE IN BRACKETS. ........................................................... 23
TABLE 2. IDP IMPLEMENTATION TASKS ........................................................................................................... 59
LIST OF COMMONLY USED ABBREVIATIONS
"County" -- County of Vermilion River
"Village" -- Village of Kitscoty
"MGA" or "Act" -- Municipal Government Act
"IDP" or "Plan" -- Intermunicipal Development Plan
"ILC" -- Intermunicipal Liaison Committee
"FLUC" -- Future Land Use Concept
"NE" -- North East
"SE" -- South East
"Highway 16" -- the Alberta, Canada, section of the Yellowhead Highway AB-16.
"Highway 897" -- Alberta Provincial Highway No. 897
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
Village Bylaw 01-2020
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County Bylaw 20-04
PART 1.0 INTRODUCTION
1.1 Enabling Legislation
Pursuant to Section 631 of the Municipal Government Act, as amended, regulating
Intermunicipal Development Plans, which reads:
Intermunicipal Development Plans
631(1) Subject to subsections (2) and (3), 2 or more councils of municipalities that
have common boundaries and that are not members of a growth region as defined in
section 708.01 must, by each passing a bylaw in accordance with this Part or in
accordance with sections 12 and 692, adopt an intermunicipal development plan to
include those areas of land lying within the boundaries of the municipalities as they
consider necessary.
(2) Subsection (1) does not require municipalities to adopt an intermunicipal
development plan with each other if they agree that they do not require one, but any
of the municipalities may revoke its agreement at any time by giving written notice to
the other or others, and where that notice is given the municipalities must comply with
subsection (1) within one year from the date of the notice unless an exemption is
ordered under subsection (3).
(3) The Minister may, by order, exempt one or more councils from the requirement to
adopt an intermunicipal development plan, and the order may contain any terms and
conditions that the Minister considers necessary.
(4) Municipalities that are required under subsection (1) to adopt an intermunicipal
development plan must have an intermunicipal development plan providing for all of
the matters referred to in subsection (8) in place by April 1, 2020.
(5) If 2 or more councils that are required to adopt an intermunicipal development
plan under subsection (1) do not have an intermunicipal development plan in place by
April 1, 2020 because they have been unable to agree on a plan, they must
immediately notify the Minister and the Minister must, by order, refer the matter to
the Municipal Government Board for its recommendations in accordance with Part 12.
(6) Where the Minister refers a matter to the Municipal Government Board under this
section, Part 12 applies as if the matter had been referred to the Board under section
514(2).
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
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County Bylaw 20-04
(7) Two or more councils of municipalities that are not otherwise required to adopt an
intermunicipal development plan under subsection (1) may, by each passing a bylaw
in accordance with this Part or in accordance with sections 12 and 692, adopt an
intermunicipal development plan to include those areas of land lying within the
boundaries of the municipalities as they consider necessary.
(8) An intermunicipal development plan
must address
i. the future land use within the area,
ii. the manner of and the proposals for future
development in the area,
iii. the provision of transportation systems for the
area, either generally or specifically,
iv. the co-ordination of intermunicipal programs
relating to the physical, social and economic
development of the area,
v. environmental matters within the area, either
generally or specifically, and
vi. any other matter relating to the physical, social
or economic development of the area that the
councils consider necessary, and
must include
i. a procedure to be used to resolve or attempt to
resolve any conflict between the municipalities
that have adopted the plan,
ii. a procedure to be used, by one or more
municipalities, to amend or repeal the plan, and
iii. provisions relating to the administration of the
plan.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.1 Enabling Legislation
Village Bylaw 01-2020
4
County Bylaw 20-04
(9) Despite subsection (8), to the extent that a matter is dealt with in a framework
under Part 17.2, the matter does not need to be included in an intermunicipal
development plan.
(10) In creating an intermunicipal development plan, municipalities must negotiate in
good faith.
Furthermore, the Municipal Government Act also states that:
622(1) Every statutory plan, land use bylaw and action undertaken pursuant to this
Part [Part 17] by a municipality, municipal planning commission, subdivision authority,
development authority or subdivision and development appeal board or the Municipal
Government Board must be consistent with the land use policies established under
subsection (2) and any former land use policy.
(4) Former land use policies do not apply in any planning region within the meaning
of the Alberta Land Stewardship Act in respect of which there is an ALSA regional plan.
(5) In this section, "former land use policy" means a land use policy that was
established under section 622 as it read before the coming into force of this subsection
and that has not been rescinded under subsection (2).
The policies contained in this Intermunicipal Development Plan are consistent with Section
3.0 (Planning Cooperation) of the former Land Use Policies developed pursuant to section
622 of the Municipal Government Act. This IDP aligns with the Land Use Policies, Planning
Cooperation goal, "To foster cooperation and coordination between neighbouring
municipalities and between municipalities and provincial departments and other
jurisdictions in addressing planning issues and in implementing plans and strategies."
This Plan is also intended to prepare both municipalities for alignment of mutual land use
goals and policies with future Regional Land Use Policies1 and ALSA Regional Plans.2
The County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan:
1 Land Use Framework (2006) "...intended to manage growth and to sustain our growing economy, but balance this
with social and environmental goals" Page 2.
2 Regional plans are legislative instruments and, for the purposes of any other enactment, are considered to be
regulations. S 13(2) Alberta Land Stewardship Act (current as of 2011)
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.2 Guiding Principles of the Intermunicipal Development Plan
Village Bylaw 01-2020
5
County Bylaw 20-04
(a) Provides background information and context,
(b) Explains the underlying variables and intent of the IDP concept,
(c) Coordinates of land use, future growth patterns and opportunities
between the municipalities,
(d) Outlines specific policies that will guide all decision makers, and
(e) Establishes implementation statements and directives, which will guide
the two municipalities regarding the interpretation and application of
process and policy content.
The Implementation policies direct proponents of development to undertake specific
actions that are required to ensure the area develops as intended by the Plan and under
an established decision making process. Pursuant to MGA s. 631(9), which indicates that
if a matter is dealt with in an Intermunicipal Collaboration Framework, it does not need to
be included in the IDP, such matters are incorporated by reference. The Appendices contain
support information that is of benefit to applicants for development. The Appendices
contain support information that is of benefit to applicants for development.
1.2 Guiding Principles of the Intermunicipal Development
Plan
a) The Village and County agree that they shall ensure that the policies of this plan
are implemented properly, reasonably, and fairly.
b) The Village and County will honour the agreements reached and would seek
clarification as needed about what has been decided and how an agreement will be
carried out.
c) The Village and the County will continue to collaborate to maximize development
opportunities and support strong communities in a spirit of regional cooperation
regarding matters of mutual interest.
d) The Village and County will cooperate mutually, with Federal, Provincial, and other
jurisdictions in addressing planning issues and in implementing plans and strategies,
so that orderly and sustainable development can take place within and adjacent to
the IDP area.
e) The Village and County acknowledge the importance of respect, trust, and goodwill
to prevail in all dealings and communications.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.3 Referencing
Village Bylaw 01-2020
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County Bylaw 20-04
1.3 Referencing
When referencing any part of the Intermunicipal Development Plan, users of the document
(ILC (Technical & Steering Committees), approving authorities, municipal staff and
applicants) ( can use the following format:
Part 1.0
Section 1.1
Sub-section 1.1.1
Paragraph (a)
Sub-paragraph i.
Item 1.
1.4 Definitions
1.4.1
Terms Defined
(a) In order to assist in the interpretation of this Plan, definitions of all major
terms used in the document are provided below:
"Act" means the Municipal Government Act, RSA 2000 as amended.
"Adjacent Land(s)" means land that abuts or is contiguous to the parcel
of land that is being described and includes land that would be contiguous
if not for a highway, road, lane, walkway, watercourse, utility lot, pipeline
right-of-way, power line, railway, or similar feature; and any other land
identified in a land use bylaw as adjacent for the purpose of notifications
under the Act.
"Adjacent Municipality" means a municipality as established under the
Municipal Government Act that shares one or more adjoining boundaries
with another municipality and its contiguous lands; and land that would be
contiguous if not for a highway, road, lane, walkway, watercourse, utility lot,
pipeline right-of-way, power line, railway, or similar feature; and any other
land identified in a land use bylaw as "adjacent" for the purpose of
notifications
under
the
Act.
"Agreement" means the Working Together Agreement between the County
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.4 Definitions
Village Bylaw 01-2020
7
County Bylaw 20-04
of Vermilion River and the Villages of Kitscoty, Marwayne, Dewberry and
Paradise Valley.
"ALSA" means the Alberta Land Stewardship Act.
"Area Structure Plan (ASP)" means a statutory plan in accordance with
the Act for the purpose of providing a framework for subsequent subdivision
and development of an area of land in a municipality. The Plan typically
provides a design that integrates land uses with the requirements for
suitable parcel densities, transportation patterns (roads), storm water
drainage, fire protection, and other utilities across the entire Plan Area.
"Conceptual Scheme" means a non-statutory land use plan intended to
serve as a basic guideline in order to evaluate a small subdivision or
development in the context of the development for a larger area. The
conceptual scheme may be required to address a number of matters,
including but not limited to the following:
(a) proposed land uses, building sites, density, and type of development;
(b) terrain and soil conditions;
(c) potential for flooding, erosion, or slumping of land;
(d) natural vegetation, stands of trees, water bodies, and any special or
unique natural features that may warrant protection, mitigation, or
integration into site design;
(e) existing and historic oil and gas facilities, and measures to mitigate any
associated impacts;
(f) proposed road access, roadways, and circulation systems;
(g) proximity to municipal services, proposed connections thereto, and
proposed method of servicing the development;
(h) adequacy and suitability of the configuration, dimensions, spacing, and
location of the proposed parcel(s);
(i) proposed means of buffering to and from adjacent lands;
(j) identification and form of municipal and/or environmental reserves;
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.4 Definitions
Village Bylaw 01-2020
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County Bylaw 20-04
(k) conformity with statutory plans, land use bylaw, and proposed land use
district;
(l) any other matters a Subdivision Authority, in consultation with the
corresponding municipal authority, considers to be necessary.
"Council" means the Council of the Village of Kitscoty and/or the Council
of the County of Vermilion River in the Province of Alberta.
"County" means the County of Vermilion River in the Province of Alberta.
"Country Residential Use" is a land use designation where , the primary
purpose of the land is for a dwelling or the establishment of a dwelling in a
rural area compatible with the natural character of the terrain, generating a
density of not more than 0.25 du/ac.
"Discretionary Use" means the use of land or a building in a land use
district for which a development permit may be approved at the discretion
of
the
Development
Authority
with
or
without
conditions.
"FUTURE LAND USE CONEPT" or "FLUC" means a graphical representation
of the long-term vision for what the community wants to have happen; it is
not a prediction. The FLUC illustrates the main ideas that will guide the
planning and development for the duration of the IDP. Land use
recommendations in the FLUC apply to new development, redevelopment,
and enhancements for the occupation or use of land or structures for any
human activity or any purpose the FLUC identifies within the IDP area.
"Hazard Lands" means lands that are unsafe for development in their
natural state, such as floodplains and steep and unstable slopes; or lands
that pose severe constraints on some types of development, such as aeolian
surficial deposits (a deposit that forms as a result of the accumulation of
wind-driven products of the weathering of solid bedrock or unconsolidated
alluvial, lacustrine, marine, or other deposits) and permanent wetlands; and
lands which may be prone to flooding, shoreline erosion, or slope instability
hazards or any hazard that may result in life loss or injury, property damage,
social, and economic disruption or environmental degradation, such as
floodplain, floodway, and lands in proximity to water bodies and water
courses with slopes greater than 10%.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.4 Definitions
Village Bylaw 01-2020
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"IDP Area" means the Intermunicipal Development Plan Area - the
extension of land identified by Both Municipalities that encompass areas of
importance and/or concern to which the policies of this document pertain.
"ILC" means the Intermunicipal Liaison Committee for the administration
of the IDP as established under Section 5.1 of this Intermunicipal
Development Plan.
"IDP" means an Intermunicipal Development Plan - a statutory document
between two or more municipalities, adopted by bylaw in accordance with
section 631 of the Act, which is used by municipalities as a long-range
planning tool to address land use matters. For the purpose of this document,
the IDP means the County of Vermilion River and the Village of Kitscoty
Intermunicipal Development Plan.
"Joint Growth Study" is a long-range planning tool designed to inform
planning decisions by identifying growth directions (e.g., population,
employment, land economics) and development trends (e.g., residential &
non-residential, market analysis) within a study area.
"Land Use Bylaw" means the key tool used to regulate and control the
use and development of all land and buildings in a municipality. For the
purpose of this document, the Land Use Bylaw means the County of
Vermilion River and the Village of Kitscoty Land Use Bylaw.
"May" is a discretionary term, meaning a choice is available, with no
particular direction or guidance intended, and is dependent on the particular
circumstances under consideration.
"Mediation" means the non-adversarial intervention between conflicting
parties to promote understanding, consensus, and resolution on disputed
item(s) or issue(s). It is an informal, confidential, and structured process to
resolve disputes before they evolve into a heightened conflict, such as
litigation.
"Municipal Government Act (MGA)" means the Municipal Government
Act, as amended.
"Municipalities (Both Municipalities)" means the municipalities of the
Village of Kitscoty and the County of Vermilion River in the Province of
Alberta.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.4 Definitions
Village Bylaw 01-2020
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County Bylaw 20-04
"MDP" means a Municipal Development Plan adopted by bylaw in
accordance with section 632 of the Act and used by municipalities as a long-
range planning instrument. For the purpose of this document, the MDP is
the County of Vermilion River Municipal Development Plan and the Village
of Kitscoty Municipal Development Plan.
"Negotiation" means the disclosure and discussion process between
parties to promote understanding, consensus, and agreement on items and
issues that are of concern to either party. An informal, confidential, and
structured process also serves to identify potentially disputable items or
issues between parties.
"Non-Statutory Plan" means a municipal planning document or
conceptual scheme or conceptual plan that is endorsed or approved by
resolution of Council, typically to guide future land use development or
subdivision of a specified area within a municipality, but does not include a
municipal development plan, area structure plan, or area redevelopment
plan adopted under the Act.
"Shall" is an operative term that means the action(s) outlined is mandatory
and therefore must be complied with, without discretion.
"Should" is a directive term that means that in order to achieve the Plan's
objectives, it is strongly advised that the action be taken.
"Statutory Plan" means an intermunicipal development plan, a municipal
development plan, an area structure plan, or an area redevelopment plan,
as per Part 17 of the Act, adopted by a municipality under Division 4 of the
Act.
"Surveillance Suite" means a manufactured/modular dwelling or a
seasonal residence, all without basement, used solely to accommodate a
person or persons comprising a household, or employee, whose official
function is to provide surveillance, maintenance, and/or security for a
commercial or industrial development or developments provided for in this
land use district. The dwelling shall form part of the development with which
it is associated and clearly be a subordinate use of the lot on which it is
located.
"Village" means the Village of Kitscoty in the Province of Alberta.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.5 Background
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County Bylaw 20-04
1.4.2
Definitions Not Provided
(a) For those terms not identified above, the definitions found in the
Municipal Development Plan (MDP) or Land Use Bylaw (LUB) for Both
Municipalities and the Act will apply.
1.5 Background
On April 1, 2018, the first of a series of amendments to the Act came into force. These
amendments formed part of the legislation review process undertaken by the Provincial
Government for the Province of Alberta. The character and nature of many of these
amendments introduced a new paradigm for municipalities in the province in which they
were forced to move from competition to collaboration. This unprecedented shift has the
potential to change the nature of intermunicipal relationships in years to come.
As a result of this process, the requirements under the Act have been elevated for IDPs for
all municipalities. Further to this, the introduction of ICFs serve as a mechanism to ensure
the coordinated development of intermunicipal areas and the continued provision of
services to residents through a more efficient use of municipal resources. Efficiency in
providing services is a consequential consideration, especially for municipalities that have
limited resources.
In light of these changes, the Councils and Administrations of the County of Vermilion River
and the Villages of Kitscoty, Marwayne, Dewberry, and Paradise Valley began planning for
the development of these plans and frameworks in January 2018. The commitment to
develop further ongoing collaboration between the municipalities was ratified by the
adoption of a Working Together Agreement in June 2018, which guided the process for the
development of this plan and framework, which is formalized with the adoption of the IDPs
and ICFs developed between the municipalities. Furthermore, in September 2018, the
municipalities adopted the terms of reference for the Agreement. The terms of teference
outline the structure, functions, and operations of the ILC, in accordance with the provisions
and procedures under the Agreement, pursuant to the recommendations and requirements
under the Act and regulations.
Simultaneously, the Villages of Kitscoty, Dewberry, Marwayne and Paradise Valley, along
with the County, completed a Joint Growth Study as well as Intermunicipal Infrastructure
Systems and Community Services Assessments focusing on the future IDP boundary areas.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.6 Public Engagement
Village Bylaw 01-2020
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County Bylaw 20-04
These projects would serve as the foundation to influence the creation of the IDPs and
associated ICFs between the municipalities.
Notwithstanding these efforts, collaboration is not a new topic for the Villages and the
County. Throughout the years, the Villages and the County have engaged in several
collaboration initiatives, some of them formalized in various ad hoc agreements. Going
forward, those agreements, as well as any other forthcoming ones, will comprise the
municipalities' ICFs supported by the land use policies within the IDPs that serve to manage
current and future development and growth within the identified intermunicipal boundaries
that make up the IDP areas for the Villages and the County.
1.6 Public Engagement
In response to the new requirements, under the Act, the County and the Villages of
Kitscoty, Marwayne, Dewberry and Paradise Valley hosted two open houses in January
2019, one in the Village of Marwayne and one in the Village of Kitscoty. The open houses
provided an opportunity for interested residents and stakeholders to learn more about the
provincial collaboration requirements, the work that the municipalities are undertaking to
meet
those
requirements,
and
to
ask
any
questions,
or
express
any
concerns/considerations about the requirements.
Residents and stakeholders of the five municipalities received information about the
sessions via direct mail, and media advertisements placed in the Lloydminster Source, the
Vermilion Standard and the Vermilion Voice throughout the month leading up to the
sessions. In addition to the in-person sessions, an online survey/feedback form was created
and circulated via social media.
The feedback received was used to inform intermunicipal collaboration matters between
the municipalities such as the development of this IDP and the ICF.
1.7 Community Profile
For many years, the Village has witnessed the local and regional advantage of its favourable
setting. Kitscoty is strategically located at the main intersection of Yellowhead Highway
#16 and Highway #897, and adjacent to the Canadian National (CN) Railway's secondary
main line. Only two hours east of Edmonton and the Edmonton International Airport and
only 20 kilometres from the City of Lloydminster and the Saskatchewan border, the Village
has the potential to become a strong and effective regional service centre. With Highway
#16 and Highway #897 connecting with regional, national, and international trading routes
descending south to the U.S. border, the Village sits on two main transportation routes that
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.7 Community Profile
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host a number of vital supply chains to the region. The Eastern Alberta Trade Corridor
(EATC) is the northern portion of the Ports to Plains Corridor extending from the Gulf of
Mexico through the heartland of the United States and meeting with the Wild Horse and
Coutts/Sweetgrass Ports of Entry into Alberta and the EATC. The regional, provincial,
interprovincial, and international significance of these important transportation corridors
has increased and will only intensify over time, providing the Village with a unique
opportunity to enact an important role in the interprovincial and international context. The
framework for this IDP is to provide a blueprint that will assist the Village of Kitscoty and
the County of Vermilion River to plan in a sustainable way for what the future has in store
for the IDP area.
Historically, Kitscoty has serviced a trading area stretching from Cold Lake in the north to
the Battle River in the south. An immediate commuting radius of approximately a 40 km
(see Map 2) represents an average travel time of 30 minutes where housing-employment
exchange can take place for the Village. Kitscoty is located in a prime agricultural area
which has much heavy oil activity, both of which provide employment opportunities for the
residents of Kitscoty and surrounding area. The Village's local economy is based primarily
on three key sectors: agriculture, the oil and gas industry, and support services. Kitscoty
has a young population with 60% of its residents being under 40 years of age. The Village's
population has exhibited a 1.9% average annual rate of growth over the past +10 years.
Facilities and services located in the Village include elementary, junior and senior high
schools, a library, community hall, recreation facilities (e.g., ball diamonds, curling club,
hockey arena, park, and trails), post office, grocery store, gas station, fire hall and civic
groups and associations. The number of businesses located in Kitscoty has generally
recorded a consistent increase, until 2016 when the number of firms declined from 96 in
2015 to 73. This decline was primarily attributable to a significant drop in the number of
businesses in the agriculture, forestry, fishing, and hunting industry category, which fell
from 19 in 2015 to 4 in 2016. As of 2017, an estimated 74 businesses continue to be
located in the Kitscoty area.
The Village can benefit from attracting additional investment, which is also dependent on
as much certainty as can be offered. To take full advantage of its location and to attract
those desired investments the Village of Kitscoty must be investment ready. Readiness,
however, requires continued forward thinking and strategic action. In essence, readiness
means forward planning in terms of land use, transportation, servicing, and community
infrastructure. Readiness involves thinking through in advance what needs to be done,
where and by whom the major investment in the local as well as regional context is to take
place, which will need to convert into sustainable growth and development for existing and
future generations.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.8 IDP Framework
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Building on the continued intermunicipal collaboration between the municipalities, the
County and Village recognize the need for the IDP to:
(a) Capture and reflect the changes in growth and development within the
IDP Area;
(b) Update relevant information and bylaws consequential to the area.
(c) Identify a sustainable growth strategy.
(d) Identify bylaws and policies to ensure that the region is truly development
ready from a planning, transportation, and servicing perspective, both in
the short and long term; and
(e) Anticipate issues and potential difficulties, so that they do not become
obstacles to continuous and sustainable growth.
1.8 IDP Framework
Section 638(1) of the Act requires that all statutory plans adopted pursuant to the Act be
consistent with one another. In order to ensure consistency among the provisions of
adopted plans and bylaws, this IDP consolidates all relevant aspects, and is in line with the
Province's direction concerning the long-term access management for Highway 16. Ideally,
it would be most desirable to have Alberta Transportation endorse this IDP.
As a result, this IDP reflects an added level of detail for increased clarity. The first of these
was the determination of an IDP area boundary. The boundary provides a frame of
reference to better assess the direction of development within a 30-year horizon, focusing
on accommodating growth and expansion in a sustainable manner, encouraging
development in desired areas, providing flexibility, and allowing for an increased variety of
land uses and types of development to take place.
The application of a future land use concept to provide for detailed planning opportunities
in the areas identified within the IDP boundary and will provide more definition and
direction in moving forward as it related to planning and development opportunities for the
Village and County.
1.9 Land Use Framework and Regional Planning
The Province of Alberta is pursuing the development of a series of regional plans as part of
the Provincial Land Use Strategy. The County is within the North Saskatchewan Regional
Plan (NSRP) which is currently under way. Regional plans will integrate the province's
numerous policies and strategies to guide natural resource development, support economic
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.9 Land Use Framework and Regional Planning
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growth, guide development of municipalities, and protect the natural environment at the
regional level. Furthermore, they will also provide the policy direction and clarity needed to
help decision-makers at the local, provincial and federal, levels make decisions that
collectively reflect and support regional needs and values.
(a) The IDP will serve as the primary Village and County policy document in
negotiations with the Province of Alberta in the development of a regional plan
for the area.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.9 Land Use Framework and Regional Planning
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MAP 1. IDP AREA
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.10 IDP Purpose
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1.10 IDP Purpose
The purpose of the IDP is to establish a coordinated and cooperative framework for
planning and managing land use, subdivision, development and servicing and addressing
environmental matters in the IDP area over a 30-year horizon 2020-2050. The Village and
County are committed to collaborating in order to attract economic interest, leverage
development opportunities, establish consistency in land development, and facilitate
intermunicipal communication. The future-oriented planning framework of the IDP
contributes to leverage the area's potential as a complete community within the larger
County region.
MAP 2. VILLAGE OF KITSCOTY 40 KM COMMUTING RADIUS
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
1.11 Goals of the IDP
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1.11 Goals of the IDP
The overall goals of the IDP are to:
(a) Establish a land use concept that outlines the future land uses that may
develop over a 30-year horizon within the boundary of the IDP area;
(b) Serve as a tool for the municipalities to promote the IDP area
characteristics that make it a desirable location for future development
and economic activity;
(c) Outline a framework for the more detailed implementation of land
development, economic development, transportation systems, municipal
infrastructure, and timing of development and servicing;
(d) Maintain and enhance mutually beneficial policies and relationships
between the two municipalities; and
(e) Continue to develop and maintain open lines of communication to resolve
problems and seize opportunities of mutual benefit.
1.12 Enactment
As is the case with any municipal bylaw, the provisions of this IDP come into force at which
time the County and Village Councils give third reading to the matching bylaws in
accordance with Section 692 of the Act.
The procedure described in Section 692 of the Act applies to the adoption or amendment
of any other statutory plan (e.g., ASP) or a LUB.
The provisions for the repeal, review, and amendment of this IDP are outlined in Section
5.8.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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PART 2.0 PLAN CONTEXT
2.1 Area Characteristics
The IDP area comprises the land as shown in Map 1. The area constitutes approximately
643 hectares (~1,589 acres).
2.1.1 Topography
The topography in the plan area is an undulated landscape that varies from a high
point southeast of Highway 16 (690 m) to low points at the north (660 m). The
total relief is approximately 30 m (98 ft). Several other areas of rolling terrain
create high points in the west part of the Plan area and shows up as an arc at the
Highway 16 and 897 intersection and sweeps southeast along Highway 16 E.
2.1.2 Slope Analysis
Slope analysis of the terrain reveals a large portion of the plan area under 2%
slope meaning that the lands are generally developable lands presenting few
topographical constraints. The majority of the slopes 7% and over are located on
the south of Highway 16, to the west and southeast areas of the Village boundary.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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MAP 3. AREA TOPOGRAPHY
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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2.1.3 Agriculture Assessment
The preservation of productive agricultural land, wetland conservation, and
sustainable low-impact development are some of the environmental matters
municipalities must address within IDPs, as well as an underlining principle to
guide planning and development within the IDP area. The agricultural land
assessment performed per quarter section serves to identify those high-quality
agricultural lands (i. e., 50% or higher) that might be most subject to conversion
to non-agricultural uses.
MAP 4. AGRICULTURE ASSESSMENT
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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2.1.4 Water Bodies
The Act has expanded the purposes of municipalities to include the well-being of
the environment among them. The Village has significant water bodies to the north
and west, the most prominent of the being Tyler Lake to the North. The Village's
MDP recognizes the limitations and potential of these features stating that, "there
are few prevailing natural features such as rivers or topography to influence or
affect growth. However, Tyler Lake could become an amenity for the enjoyment of
residents and visitors alike."
MAP 5. WETLAND ASSESSMENT
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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TABLE 1.
WETLAND CLASSES, FORMS AND TYPES IN THE ALBERTA WETLAND CLASSIFICATION SYSTEM.
WETLAND CLASSIFICATION CODES FOR MAPPING USES ARE IN BRACKETS.
CLASS
FORM
Types
Salinity
Water
permanence1
Acidity-
alkalinity
Bog [B]
Wooded, coniferous [Wc]
Shrubby [S] Graminoid [G]
Freshwater [f]
--
Acidic [a]
Fen [F]
Wooded, coniferous [Wc]
Shrubby [S]
Graminoid [G]
Freshwater [f]
--
Poor [p]
Freshwater [f]
--
Moderate-
rich [mr]
Freshwater [f] to
slightly brackish [sb]
--
Extreme-rich
[er]
Marsh [M]
Graminoid [G]
Freshwater [f] to
slightly brackish [sb]
Temporary [II]
--
Freshwater [f] to
moderately brackish
[mb]
Seasonal [III]
--
Freshwater [f] to
brackish [b]
Semi-
permanent [IV]
--
Shallow Open
Water [W]
Submersed and/or floating
aquatic vegetation [A] or
bare [B]
Freshwater [f] to
moderately brackish
[mb]
Seasonal [III]
--
Freshwater [f] to
sub- saline [ss]
Semi-
permanent [IV]
--
Slightly brackish [sb]
to sub-saline [ss]
Permanent [V]
--
[A]
Saline [s]
Intermittent [VI]
--
Swamp [S]
Wooded, coniferous [Wc]
Wooded, mixedwood [Wm]
Wooded, deciduous [Wd]
Shrubby [S]
Freshwater [f] to
slightly brackish [sb]
Temporary [II] 2
--
freshwater (f) to
slightly brackish [sb]
Seasonal [III] 2
--
moderately brackish
[mb) to sub-saline
[ss] 2
Seasonal [III] 2
--
1 Roman numerals are equivalent to wetland classes by Stewart and Kantrud (1971)
2 Swamp types are not applicable to wooded swamps due to a lack of available information
[Source: Alberta Wetland Classification System (AWCS), 1 June 2015]
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.1 Area Characteristics
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MAP 6. HYDROGRAPHY
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.2 Existing Human Features
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2.2 Existing Human Features
The IDP area is largely undeveloped except for some country residential and non-residential
(commercial) development, a cemetery, and the Village's lagoon site. A number of oil and
gas wells are concentrated towards the south and southeast of the Plan area. Pipelines
have most impact on the southwest of the Plan Area. The majority of the remaining land
is cultivated or pasture.
2.2.1
Existing Land Uses
Each municipality has established the current land uses within the IDP area for
lands located in their boundary. The Village and County LUBs will continue to
guide existing and future development of lands in each municipality that are
located in the IDP area following the principles and policies outlined in this IDP.
Most of the lands within the IDP boundary are County lands (see Map 7), except
for the Parks and Recreation (PR) lands that contain the Village's cemetery. Land
within the IDP area within the Village boundary are mostly designated as Urban
Reserve (UR) and Community (P) under the Village's LUB (see Map 10) in
addition to some Residential, Community, Institutional, and Industrial areas. The
IDP serves to guide development in proximity to the Village to ensure its future
integration with urban densities and uses.
The vast majority of the land in the County north of Highway16 is designated
under the Agriculture (A) District with an Urban Growth (UG) Overlay to the north
and a Highway Profile Area (HPA) Overlay along Highway 897. With the
exception of portions of SE-35-50-3-W4M between the Tyler Lake and Highway
897, which are within the Landfill, Composting, and Waste (LC-W) District. Both
the UG and HPA Overlay Districts provide for a variety of residential, industrial
(light to medium), and highway commercial uses. The HPA Overlay District
extends south of the intersection of Highway 897 and Highway 16. County lands
south of Highway 16, within the IDP area, are in mostly in the Agriculture (A)
District as well. There are also some pockets of development within the Country
Residential Single-Lot (CR-S), Country Residential Agriculture (CR-A), Business
and Services (B) Commercial - General (CG) districts.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.2 Existing Human Features
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2.2.2 Landownership patterns
Landownership has not experienced a significant change in the past 10 years. The
most significant change in Landownership has been from private to County
ownership; pertaining to lands abutting those of the County Yard (Map 7). Aside
from this general pattern, there are few exceptions including the portion of
'municipally owned' lands (white) adjacent to Highway 897 at the north-east end of
the Village boundary and a small portion outside of the south-east of the IDP
boundary adjacent to Highway 16, which is now owned by the Crown. Nearly all
parcels within the IDP boundary are unsubdivided quarter sections with the
exception of several large acreages.
MAP 7. LANDOWNERSHIP PATTERNS
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.2 Existing Human Features
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2.2.3
Existing municipal servicing
In 2005, Alberta Transportation completed a study for the Highway 16 corridor,
the Highway 16 Freeway Corridor Management Study, Jasper Park Boundary to
Lloydminster (FCMS) that provided recommendations for interchange locations
along Highway 16 for the ultimate conversion of the highway to a freeway
standard. This ultimate conversion means that access to and from Highway 16
will occur only at the recommended interchange locations; all other existing
accesses will be removed. Although this conversion is considered on a long-term
horizon of 30 or more years, closure of accesses and changes to the overall road
network adjacent to Highway 16 will impact development along the Highway 16
corridor. To address the need to maintain access for existing development
Alberta Transportation prepared in 2010 a staged, access management plan for
Highway 16 (see Map 9). The Highway 16 Access Management Plan serves as a
guide for assessing development proposals within the immediate area of
Highway 16. Knowing the proposed access management road network, facilitates
planning growth and expansion accordingly to take advantage of the future
network.
Servicing with municipal services typically stops at the built-up portion of the
Village with on-site water and sewer servicing on remaining occupied parcels. An
inventory and further discussion on provision of services are contained in the
Village of Kitscoty--County of Vermilion River Intermunicipal Collaboration
Framework.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.2 Existing Human Features
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MAP 8. EXISTING SERVICING
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.2 Existing Human Features
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MAP 9. HIGHWAY 16 ACCESS MANAGEMENT PLAN
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.3 Site Assessment
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2.3 Site Assessment
2.3.1
Opportunities and Constraints.
Aside from some specific considerations, the IDP area is one suitable for
development. A large number and extension of well sites and pipelines have the
most significant impact in future subdivision and development of lands within the
IDP area (see Map 10). These structures require established right-of-way and
setbacks, which have a direct influence in the type of development that may be
accommodated as well as potential road network connectivity. Additional
constraints occur to the north-northeast with the presence of a major water
body, Tyler Lake, and the required 300m setbacks for the lagoon facilities and
the transfer station site present limitations for development (Subdivision and
Development Regulation, Section 13). To the east in the Plan area, the Highway
897, pipes, wells, and water bodies directly affect the three quarter sections
within the IDP area. The waterbodies and rolling topography of the landscape
present constraints to development while they offer opportunities for views and
recreation (see Map 3).
There are servicing opportunities for development that takes place within the
IDP area (see Map 11). The County's Gas Utility is one of the main natural gas
providers for residential locations in the region. There is future opportunity for
connecting to water and sewer servicing for development located north of
Highway 16 closer to west and northwest of the Village limits, which will follow
the natural extension of Village servicing lines. Development, both residential
and non-residential, which occurs south of Highway 16 and to the north-
northeast, across Highway 897, will have on-site servicing for the time being.
The FLUC (Part 3.0) provides a framework for addressing land use concerns
with regard to joint planning matters within the IDP area.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
2.3 Site Assessment
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MAP 10. DEVELOPMENT CONSTRAINTS
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2.3 Site Assessment
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MAP 11. DEVELOPMENT OPPORTUNITIES
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3.1 How to Use this Section
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PART 3.0 FLUC
3.1 How to Use this Section
This section of the IDP provides the context and reasoning for the policies established in
PART 4.0 LAND USE AND DEVELOPMENT policies. The FLUC (see Map 12) outlines the
framework for land use(s), subdivision, and development for lands within the IDP area
boundary, which may develop over a 30-year horizon. The general objectives and policies
in this section assist the approving bodies in understanding the intended interpretation of
the statements in PART 4.0 LAND USE AND DEVELOPMENT policies.
3.2 FLUC Objectives
The FLUC objectives describe the shared vision of both municipalities for future
development within the plan area in alignment with the overall goals of the IDP:
3.2.1
Establish a land use concept that outlines the future land
uses that may develop over a 30-year horizon within the
boundary of the IDP area;
3.2.2
Promote the IDP area as a desirable location for future
development and economic activity;
3.2.3
Outline a framework for the more detailed implementation
of land development, economic development, municipal
infrastructure, and timing of development and servicing;
3.2.4
Maintain and enhance mutually beneficial policies and
relationships between the two municipalities; and
3.2.5
Continue to develop and maintain open lines of
communication to resolve problems and seize
opportunities of mutual benefit.
Taking into consideration the opportunities and constraints present within the IDP area
(see Map 10 and Map 11); the FLUC conveys the IDP's future land use goals. However,
it is not intended to address land use at a site-specific level.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
3.2 FLUC Objectives
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MAP 12. FLUC
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3.3 General Policies:
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3.3 General Policies:
3.3.1
Objective: Establish a land use concept that outlines the
future land uses that may develop over a 30-year horizon
within the boundary of the IDP area.
3.3.2
Policies
(a) Development is encouraged in areas of significantly reduced capability for
crops thus preserving higher yielding lands for agricultural uses.
(b) Provision is made for a broad mix of land uses throughout the IDP area
with opportunities within both the Village and County.
(c) The FLUC is not proscriptive in nature. For example, by showing an area
as being generally intended for residential use, it does not preclude using
a portion of the lands so designated for associated parks/schools,
neighbourhood commercial (e.g., neighbourhood commercial, day care),
etc.
(d) The FLUC takes into account the Highway 16 access management Alberta
Transportation determines for that area. It is important to note that Map
9 shows the upgrades associated with the Highway 16 interchange access
recommended by Alberta Transportation.
(e) Areas around Tyler Lake are identified for recreational uses that are
compatible with the required setbacks from the lagoon and transfer
station facilities.
(f) Subdivision and development for lands located in the IDP area and within
800 m of a highway's right-of-way needs to be approved by Alberta
Transportation. Note that no direct access to Highway 16 for this type of
development is being proposed.
(g) The Serviced Business/Commercial areas are designated to allow for
mixed-use business/commercial development that is compatible with
surrounding land uses.
(h) The area of NE-26-50-3-4; LBP 2-A-0824794, along Highway 897,
between the lagoon lands (LC-W District) and the Village, is designated
for business/commercial uses allowed within distance from the required
setbacks for the lagoon and transfer station facilities.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
3.3 General Policies:
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3.3.3
Objective: Promote the IDP area as a desirable location
for future development and economic activity.
3.3.4
Policies
(a) The Village of Kitscoty has the opportunity to provide services to
development in proximity and within 20 minutes of travel time of other
development within a 40 km radius, which is an attractive to the area (see
Map 2). Therefore, the FLUC takes the view that land uses in adjacent
to the Village boundary, should be part of a piped water and sewer
scheme.
(b) The value and recreational potential of natural areas within the IDP
boundary may be negatively affected by inappropriate development.
Therefore, both municipalities will cooperate to protect these areas for
eventual incorporation into an open space system.
(c) Both municipalities will cooperate to achieve the following open space
objectives, consistent with the Provincial Land Use Policies, which support
the protection of the natural environment, water, and historical resources:
i.
To encourage the preservation of the natural and aesthetic quality
of the natural environment and rural landscape.
ii.
To facilitate the eventual establishment of continuous open space
systems around Tyler Lake and other natural areas to attract
activities and provide recreational opportunities as a stimulus to
the local economy.
3.3.5
Objective: Outline a framework for a more detailed
implementation of land development, economic
development, transportation systems, municipal
infrastructure, and timing of development and servicing.
3.3.6
Policies
(a) In terms of development, identify serviced (piped water and sewer) and
unserviced type land uses (on-site water and on-site sanitary sewage
disposal).
(b) The FLUC does not preclude servicing areas that are more distant.
However, it acknowledges that the costs to do so may prove inordinate
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
3.3 General Policies:
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for most, and perhaps is best leveraged by intensive servicing users, such
as those with commercial and industrial uses.
(c) The investment by the Village in water supply and sanitary sewage
treatment should be used to greatest advantage in the IDP area and kept
in a concentrated location around the Village as is feasible.
(d) Applications for redesignation, subdivision, or development should
consider and incorporate/work within the provisions made in servicing and
management plans effected within the area (e.g., growth, storm water,
transportation, or similar).
(e) Applications for redesignation, subdivision, or development should
consider incorporating design requirements that ensure a high quality
form of development.
(f) Provisions of the Agricultural Operations Practices Act should apply to the
mitigation of environmental and nuisance impacts of agricultural
operations.
(g) The lands affected by waste sites and sanitary sewage treatment facilities
have been placed within the Landfill, Composting, and Waste (LC-W)
District designation. Although mitigation is in place, when planning
adjacent areas it is important to be mindful of the development setbacks
from these existing facilities and any expansions thereof that may be
required consistent with the Act's Subdivision and Development
Regulation.
3.3.7
Objective: Maintain and enhance mutually beneficial
policies and relationships between the two
municipalities.
3.3.8
Policies
(a) The Village and County will work collaboratively to identify appropriate
lands, and implement policies, and regulations with respect to
environmentally sensitive areas, riparian zones, and development buffers
that can have a positive impact on the natural environment as well as
provide healthy, outdoor-spaces within the IDP area for the passive and
recreational enjoyment of residents and tourists.
(b) The Village and County shall work together to ensure compatibility of land
use interfaces and future growth patterns to monitor effectiveness of the
IDP provisions and to update these accordingly.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
3.3 General Policies:
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3.3.9
Objective: Continue to develop and maintain open lines of
communication to resolve problems and seize
opportunities of mutual benefit.
3.3.10
Policies
(a) Part 5.0 Implementation, specifically Sections 5.4 and 5.7, outline the
guiding principles of communication and resolution of conflicts
respectively.
(b) Part 5.0 Implementation also contains the tenets utilized in implementing
the policies contained in this IDP.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
4.1 How to Use this Section
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PART 4.0 LAND USE AND DEVELOPMENT
4.1 How to Use this Section
This section of the IDP provides the policies, which should be interpreted narrowly and
used as a framework for working cooperatively, communicating, and making decisions in
each municipality. Variances might be allowed only where specifically identified. The
mapping included in the IDP may require further field measurements to verify any
estimation discrepancies. Map 12 is the primary reference map for this section.
4.1.1
Land Use Policies
(a) Future subdivision and development shall be in accordance with the
provisions of this IDP and Map 12. Major deviations to the IDP design
and policies shall require an amendment to this Plan. Minor variances
may be considered without an amendment to this Plan where the
developer can demonstrate, to the satisfaction of the ILC, Subdivision
Authority, or Development Authority as the case may be that the
reconfiguration of parcels and road design would maintain the overall
intent of the IDP policies (see Section 5.6).
(b) Existing uses, which may be viewed as incompatible with the FLUC
designated uses (Map 12), may remain on an "as is" basis pursuant to the
non-conforming use provisions of the Act, section 643. Redevelopment of
the lands shall be consistent with the policies contained in this IDP and in
conformity with the provisions of the Village or County LUB, depending on
location, unless at the time of redevelopment, the land is required for
urban growth and/or extension of urban services, in accordance with the
provisions of Section 5.6.
(c) The Village and County shall amend their respective MDPs, LUBs, and
statutory documents, as required, to be consistent with the policies and
provisions of the IDP.
(d) Land use(s), subdivision, and development within the IDP area, south of
Highway 16 shall accommodate unserviced development. In the same
way, Land use(s), subdivision, and development within the IDP area north
of Highway 16, north and west of the Village boundary, shall
accommodate serviced development. Land use(s), subdivision, and
development within the IDP area along Highway 897 may accommodate
serviced development, wherever possible.
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4.1 How to Use this Section
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(e) Regulation and approval of confined feeding operations (CFOs) rests with
the Natural Resources Conservation Board (NRCB). Prior to making its
decision, the NRCB is to review local plans and request comments from
the affected municipalities. In responding to the NRCB, the ILC, Village,
and County, shall convey that they do not support any new or the
expansion of any existing CFOs or manure storage facilities within the IDP
area requiring an approval, authorization, or registration under the
Agricultural Operation Practices Act, and amendments thereto.
(f) The Village and County have limited capacity to control the development
and life span of oil/gas wells within the IDP area. As a result, the future
ability of the Village and County to approve contiguous and orderly
development is significantly affected by the presence of existing and
future oil/gas leases. Therefore, the Village and County will work with oil
and gas interests and landowners to identify well-site development and
production schedules compatible with land use designations within the
IDP area. In working with oil and gas interests and Landowners, the
Village and County will strongly recommend that the following
siting/development principles be followed:
i.
wells should be clustered whenever possible;
ii.
flow lining to a common location for multiple wells should be
utilized whenever possible;
iii.
to every extent possible, clustered well sites should be located
next to public utility lots, storm water lakes, and future municipal
reserves, including parks;
iv.
road accesses to clustered wells should be combined wherever
possible and access routes utilized should be made to fit existing
and identified future roadways whenever possible;
v.
operating conditions of well/battery sites should be adjusted as
follows:
1. flow lining to battery site outside the urbanized area
/urban growth area should be utilized,
2. fluids should be hauled, tanks should be
vacuumed/cleaned, and servicing/maintenance should
take place during regular daytime hours;
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4.2 Agricultural Policies
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3. storage tank temperature should be kept at a level
such that associated impacts, particularly odour, are
minimized to the fullest extent possible;
4. portable generators should not be used to provide
power; and
5. every effort needs to be made, using whatever
measures required, to minimize odours, noise, dust,
vibration, and any other negative impacts.
(g) Subdivision applicants will be required to dedicate the full amount of
municipal reserve owing in the forms provided for in the Act. In the case
of the lands within the Country Residential designation on Map 12, all
municipal reserve owing shall be taken by the Village and the County in
the form of a deferred reserve caveat to protect for future urban
municipal reserve needs. The Village and County will consider
establishing a jointly administered cash-in-lieu of municipal reserve fund
into which reserve proceeds would be placed for the purposes of
assembling and developing regional recreational land and facilities within
the IDP area. This would not only serve the recreational needs of
residents in the area, but could also be used to attract sporting,
recreational, and cultural events as a stimulus to the local economy.
4.2 Agricultural Policies
(a) The following policies apply to lands currently within the Agricultural
District within those portions of the IDP area located within the County.
i.
Premature development of existing agricultural lands within the
County of Vermilion River should be avoided and such land should
continue to be used for agricultural purposes;
ii.
Non-intensive agricultural uses may be approved at the discretion
of the County in accordance with the provisions of the Agricultural
District and any additional applicable regulations in the County of
Vermilion River LUB; and
iii.
Existing intensive agricultural uses may continue at the discretion
of the County. Approval of any new intensive agricultural
operations should only be considered subject to appropriate
intermunicipal referral and communication as provided for under
Section 5.4 of this IDP.
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4.3 Urban Reserve / Urban Growth Development Policies
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(b) The following shall continue to be permitted at the discretion of the
County in accordance with the Agricultural District regulations of the
County LUB and MDP policies:
i.
any permitted or discretionary uses;
ii.
subdivision of the first parcel out of an unsubdivided quarter
section; and
iii.
redesignation of lands to the appropriate land use district subject
to referral and communication as provided for under Section 5.4
of this IDP.
(c) Both municipalities recognize the importance of agriculture to the local,
regional, and provincial economy. In making decisions on development
issues in the agricultural area, both municipalities will respect the right of
agricultural operators to pursue normal activities associated with
extensive agriculture taking into consideration potential impacts between
adjacent uses.
(d) Unless otherwise provided in this plan, the provisions of the County's MDP
and LUB regarding the use and development of agricultural land will apply
to the areas designated as Agriculture.
4.3 Urban Reserve / Urban Growth Development Policies
4.3.1
The following policies apply to lands designated Urban
Reserve/Urban Growth within the IDP area.
(a) Non-intensive agricultural uses may continue to be approved at the
discretion of the County in accordance with the Urban Growth Overlay
District of the County of Vermilion River LUB.
(b) Any existing intensive agricultural uses within the Urban Reserve
designation may continue at the discretion of the Village . Any proposals
for additional intensive agricultural operations should only be considered
subject to appropriate intermunicipal referral and communication as
provided for under Section 5.4 of this IDP.
(c) For those areas having an Urban Reserve Designation, The Village may
approve an ASP or community plan for urban residential purposes, subject
to any applicable amendment requirements under Section 5.8 of this
IDP. ASPs and community plans providing for further urban residential
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4.4 Country Residential Development Policies
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development within the IDP area should be evaluated according to the
following criteria:
i.
conversion of good agricultural land in the most prudent and
efficient manner possible;
ii.
efficient and cost-effective development of roads and servicing
systems and facilities;
iii.
impacts of development on existing adjacent land uses within both
municipalities;
iv.
impacts caused by incompatible rural and urban uses;
v.
traffic impacts within both municipalities;
vi.
adequate access through developing areas for residents of both
municipalities;
vii.
proper protection of natural areas and continuous open space
systems;
viii.
effects of development in environmentally sensitive or hazardous
areas; and
ix.
appropriate intermunicipal referral and communication as provided
for under Section 5.4 of this IDP.
4.4 Country Residential Development Policies
4.4.1
The following policies apply to lands designated Country
Residential within the IDP area.
(a) Subdivision and development within the Country Residential designation
shall consider those proposed non-residential uses that will not have
negative effects on future urban densities by virtue of excessive odour,
heat, vibration, visual impact, noise, or light. This does not apply to such
effects that arise in the course of normal, non-intensive farm operations
(b) Land designated for future Country Residential will be allowed to develop
in accordance with the provisions of the County MDP and LUB, as
amended.
(c) Subdivision applications within designated Country Residential areas must
address ultimate servicing requirements (e.g., water, sanitary sewer,
roads) for the proposed development, in accordance with the provisions
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4.5 Institutional Development Policies
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of the County MDP and LUB, as amended. Servicing shall meet the
County's General Municipal Servicing Standards.
(d) In addition to any other requirements, Country Residential subdivision
applications should take into consideration:
i.
creating country residential conservation development;
ii.
wherever possible, provision for direct access to municipal roads
without the creation of panhandle lots; and
iii.
consideration of impacts on surrounding land uses within the
adjacent municipality (i. e., applicants may be required to address
impacts on lands within the Village and County);
iv.
consideration of impacts on provincial, regional, and intermunicipal
transportation systems (i. e., applicants may be required to
provide a Traffic Impact Assessment, request additional approval
from relevant agencies and/or organizations, as applicable);
v.
consideration of environmental impacts (e.g., water quality, soil
stability, and natural areas);
vi.
long-term servicing requirements (e.g., water, sanitary sewer);
and
vii.
appropriate intermunicipal referral and communication is provided
for under Section 5.4 of this IDP.
4.5 Institutional Development Policies
4.5.1
The following policies apply to lands designated for
Institutional development and uses within the IDP area.
(a) Land designated under the Institutional District within a LUB may
continue as currently exists at the time of IDP approval. However, new
proposals for development, subdivision, or rezoning shall be in accordance
with the policies of the IDP and not undermine the ability of the land to
accommodate the future intended uses.
(b) Future uses for land designated Institutional shall be defined in
collaboration with the relevant school division board and in consultation
with the ILC.
County of Vermilion River -- Village of Kitscoty Intermunicipal Development Plan
4.6 Unserviced Industrial Development Policies
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4.6 Unserviced Industrial Development Policies
4.6.1
The following policies apply to lands designated for
Unserviced Industrial Development within the IDP area.
(a) Land designated in the IDP as Unserviced Industrial, may continue under
the same LUB District as currently exists at the time of IDP approval.
However, new proposals for development, subdivision, or redesignation
shall be in accordance with the policies of the IDP and applicable
provisions under the relevant LUB, and not undermine the ability of the
land to accommodate the future intended uses.
(b) Applications for Unserviced Industrial subdivision or development within
the IDP area may require redesignation to the appropriate Land Use
District as part of subdivision or development approval.
(c) Proposed Unserviced Industrial uses shall be in accordance with those
uses (permitted or discretionary) allowed for in the Designated District
within the LUB of the municipality where the lands are located.
(d) Applications for Unserviced Industrial subdivision or development within
the IDP area should be evaluated according to the following criteria:
i.
impacts of development on future urban growth;
ii.
impacts on future servicing and transportation corridors and
facilities;
iii.
any potential traffic impacts within either municipality;
iv.
impacts on adjacent land uses within both municipalities;
v.
effects of development in environmentally sensitive or hazardous
areas.
vi.
adequate access to roads, water supply, and septic systems; and
vii.
appropriate intermunicipal referral and communication as provided
for under Section 5.4 of this IDP.
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4.7 Unserviced Business/Commercial Development Policies
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4.7 Unserviced Business/Commercial Development Policies
4.7.1
The following policies apply to lands designated for
Unserviced Business/Commercial Development within the
IDP area.
(a) Land designated in the IDP as Unserviced Business/Commercial, may
continue under the same LUB District as currently exists at the time of
IDP approval. However, new proposals for development, subdivision, or
redesignation shall be in accordance with the policies of the IDP and
applicable provisions under the relevant LUB, and not undermine the
ability of the land to accommodate the future intended uses.
(b) Applications for Unserviced Business/Commercial subdivision or
development within the IDP area may require redesignation to the
appropriate Land Use District as part of subdivision or development
approval.
(c) Proposed Unserviced Business/Commercial uses shall be in accordance
with those uses (permitted or discretionary) allowed for in the designated
district within the LUB of the municipality where the lands are located.
(d) Applications for Unserviced Business/Commercial subdivision or
development within the IDP area should be evaluated according to the
following criteria:
i.
impacts of development on future urban growth;
ii.
impacts on future servicing and transportation corridors and
facilities;
iii.
any potential traffic impacts within either municipality;
iv.
impacts on adjacent land uses within both municipalities;
v.
effects of development in environmentally sensitive or hazardous
areas;
vi.
adequate access to roads, water supply, and septic systems; and
vii.
appropriate intermunicipal referral and communication as provided
for under Section 5.4 of this IDP.
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4.8 Serviced Development Policies
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4.8 Serviced Development Policies
4.8.1
The following policies apply to lands designated for
Serviced Development (Residential, Business/Commercial)
within the IDP area.
(a) Serviced Development areas (Residential, Business/Commercial) are
closely connected to the provision of municipal servicing. Servicing of
lands located in the Serviced Development areas, especially when
adjacent to but outside of the current Village boundary, are subject to the
Village's ability to provide municipal servicing to those lands. The County,
in accordance with the provisions of the County of Vermilion River LUB,
may consider alternative servicing where municipal servicing is not or may
not be made available at the time of subdivision or development.
(b) The Village and the County will collaborate in finding the most efficient
means of providing municipal services to developments requiring such
services.
(c) The means by which municipal servicing (water and sewer) can be
extended to proposed or existing development in the IDP area, including
front ending capital and operating costs, will be assessed on its merits on
a case-by-case basis, consistent with the County's and the Village's ICF.
(d) Serviced Residential
i.
Serviced residential areas, north and west of the Village boundary
are designated for urban residential development and extension of
municipal services, subject to Sub-section 4.8.1 above.
ii.
These areas shall be developed in a way that does not prejudice
the future expansion of the Village, in accordance with the
provisions of the Urban Growth Overlay District in the County's
LUB.
(e) Serviced Business/Commercial
i.
Serviced Business/Commercial area, north and east of the Village
boundary along Highway 897 is designated for serviced non-
residential development that can take place within the lagoon's
setback buffer (see Map 10) and subject to Sub-section 4.8.1
above.
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4.9 Open Space Policies
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ii.
Serviced Business/Commercial development must be planned such
that appropriate buffers and/or transitional uses are provided for
any adjacent residential development.
4.9 Open Space Policies
4.9.1
The following policies apply to lands designated for
Recreation within the IDP area.
(a) The Village and the County will promote public awareness of any
significant historic and cultural sites in the IDP area and their connection
with the larger region as part of heritage tourism efforts.
(b) Environment
i.
Existing agricultural operations and residential property owners will
be encouraged to maintain a high water quality standard for
wetlands, creeks, lakes and other water bodies through the
application of best management practices to privately-owned
riparian areas.
ii.
Development on flood prone lands is not permitted.
(c) Reserves Dedication
i.
Environmental reserves will be taken according to Section 664 of
the Act; either in the form of a lot (ownership transferred to the
municipality) or as an environmental reserve easement (private
ownership is retained). The County or the Village, as the case may
be, may require any owner/developer to provide hazard land as
environmental reserve as part of a subdivision application. Where
the Village or County wish to ensure public access to a water
body, environmental reserve in the form of a lot will be taken. All
environmental reserve is to remain in its natural state except as
permitted in accordance with Part 17, Division 9 of the Act. In
some instances, conservation easements may be considered in
place of environmental reserves, as provided for in the Section 22
of the Environmental Enhancement and Protection Act.
ii.
Municipal reserve dedication within the IDP area generally shall be
dedicated as land to be used for school and/or park purposes
within residential developments.
(d) Recreation
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4.10 Municipal Servicing and Road Policies
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i.
Areas around Tyler Lake (see Map 12) are designated to provide
for enhancements to existing trails, new trail development, and
passive recreation uses that are compatible with the environment
and adjacent land uses. Both municipalities will work together to
create an interconnected trail system within the IDP area.
ii.
The Village and the County will explore opportunities to work
together on provincial and federal grant applications for recreation
and tourism initiatives in relation to the IDP area.
(e) Enforcement
i.
Agreed upon standards for trail development dealing with such
issues as fencing, berming, screening, landscaping, site coverage,
setbacks, height restrictions, etc., applicable to development
adjacent to the highways will be implemented through each
municipality's LUB.
ii.
Where appropriate, the Village and the County will endeavour to
find efficiencies in bylaw enforcement through public education
regarding safe and responsible trail use, water body health, off
highway vehicle regulations, fishing & hunting regulations, and
property ownership and the exploration of shared bylaw services.
4.10 Municipal Servicing and Road Policies
4.10.1
The following policies apply to servicing of lands within
the IDP area.
(a) The Village and County shall establish strategies and standards for the
orderly, efficient, and economical extension of wastewater collection,
water distribution systems, storm water management, and roads within
the IDP area.
(b) Servicing with municipal water and sewer within the IDP area shall be
considered for the Urban Reserve and Institutional designations in the
Village's LUB and the Serviced Residential, Business/Commercial and
Urban Growth FLUC designations, consistent with the provisions of
Section 4.8 above.
(c) On-site servicing within the IDP area shall be considered for the following
IDP FLUC designations: Country Residential, Recreation, Unserviced
Business/Commercial, Unserviced Industrial, and Agriculture designations.
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4.10 Municipal Servicing and Road Policies
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(d) Where it is deemed appropriate, necessary, and/or desirable, further to
this IDP, the Village and County will endeavour to enter into agreements
respecting municipal servicing, including roads, within the IDP area,
consistent with the County of Vermilion River -- Village of Kitscoty
Intermunicipal Collaboration Framework. When the municipalities adopt
new agreements, the IDP and ICF shall be amended accordingly.
(e) Rights of way for any future regional services shall be considered and
anticipated in future subdivision and development approvals, Site
Development Plans, ASPs, and any intermunicipal servicing agreements
affecting lands in the ASP area. The Village and County shall ensure, to
the fullest extent possible, that the right-of-way alignment determined for
any future regional servicing best serves this IDP and the region as a
whole.
(f) When the opportunity arises as part of a subdivision or development
permit application, and when considered warranted and appropriate by
the ILC in their review of an application, road rights-of-way required up to
and including 30 metres (100 ft.) in total width should be protected
without compensation using whatever legal means/form of agreement
necessary and appropriate (e.g., survey and transfer, dedication by
caveat, etc.) at the time of subdivision or development permit approval,
as the case may be.
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5.1 Incorporation by Reference
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PART 5.0 IMPLEMENTATION
5.1 Incorporation by Reference
(a) MGA Section 631(9) indicates that "to the extent that a matter is dealt
with in a framework under Part 17.2, the matter does not need to be
included in an intermunicipal development plan." Therefore, all the
provisions under Section 2.0, "Implementation", of the County of
Vermilion River -- Village of Kitscoty Intermunicipal Collaboration
Framework, are hereby incorporated By Reference into this IDP.
5.2 IDP Implementation Principles
5.2.1
The County and the Village agree to the following guiding
principles, which are utilized in implementing the policies
contained in this IDP:
(a) Context; Not Details
i.
The IDP policies do not delve into the fine details of
implementation, but instead set out guidelines to assist the
development of Intermunicipal Liaison Committee and Council
directives arising from the Intermunicipal Liaison Committee
recommendations.
ii.
The FLUC (Map 12) will be the primary land use document
supplemented by various implementation tools. The Village and
County shall amend their respective MDPs and LUBs as deemed
advisable to be consistent with the policies and provisions of the
IDP.
iii.
The IDP, ICF, and agreements referenced in the ICF are to be
used by the Village and the County as guidelines to encourage the
location of new business in the IDP area. The parties to the IDP
should make every effort to use the IDP as a means to highlight
the unique benefits of the area in brochures, trade shows,
correspondence, and other promotions for economic development
purposes.
(b) Administration of Services
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5.3 Administration Provisions
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i.
Provision and funding of services within the IDP area will be in
accordance with the agreements in the County of Vermilion River
-- Village of Kitscoty Intermunicipal Collaboration Framework.
5.3 Administration Provisions
5.3.1
These provisions are made pursuant to Section 631(1) of
the Alberta Municipal Government Act 2000, as amended.
5.3.2
Incorporation By Reference
(a) The protocols and procedures established within the "County of Vermilion
River and the Villages of Kitscoty, Marwayne, Dewberry, and Paradise
Valley Intermunicipal Liaison Committee Terms of Reference" for the
Technical and Steering Committees, as amended, are hereby adhered to
in this agreement.
5.3.3
Administrative Agencies
(a) Responsibility for the implementation of the provisions of this plan is
vested with each municipality respecting lands contained within its own
boundaries.
(b) The IDP covers land in both the Village and the County. Responsibility for
the day-to-day administration falls within the powers of each municipality
in accordance with their own MDP, LUB, policies, and standards.
(c) The Village and the County will continue to be responsible for subdivision
and development permit approvals within their boundaries. Likewise,
applications to adopt or amend any statutory plan (e.g., MDP, LUB, ASP,
or similar) will be received and processed by the municipality where the
subject lands are located.
(d) Each municipality's subdivision or development authority will respond to
an application within the IDP area on lands contained in its own
boundaries in accordance with the goals, principles, and policies
contained in this IDP, consistent with the provisions of the Act and the
Subdivision and Development Regulation.
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5.4 Intermunicipal Referral and Communication Policies
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5.4 Intermunicipal Referral and Communication Policies
(a) The Village and the County agree that the mutual referral of subdivision,
development, and redesignation applications, and other information is
essential to the proper administration of the IDP.
(b) Both municipalities agree to engage in continual communication as one of
the most effective means of averting or minimizing intermunicipal conflict.
(c) The protocols and procedures that have been established for the "County
of Vermilion River and the Villages of Kitscoty, Marwayne, Dewberry, and
Paradise Valley Intermunicipal Liaison Committee" (ILC) Technical and
Steering Committees in the ILC Terms of Reference, as amended, will be
adhered to in the administration and implementation of this IDP. Either
the ILC Steering or Technical Committee may request more information in
relation to any application or intermunicipal matter brought before it in
order to render an informed decision or recommendation.
(d) Further to Section (a), the County and the Village should consider
requiring that all subdivision applications received within the IDP, or
within certain areas of the IDP, be referred to the ILC Steering and/or
Technical Committee prior to being accepted by the respective subdivision
authorities as a completed application.
(e) The Village and the County will mutually refer comments for the following
within the IDP area:
i.
all proposed site development plans and ASPs, including proposed
amendments to such plans;
ii.
all applications for land use redesignation, subdivision, and
dedication or disposition of environmental, municipal and/or school
reserves, public utility lots, or road allowances;
iii.
all applications for development permits, including renewals, for
permitted or discretionary uses, and variances; and
iv.
any additional information with respect to land or services within
the IDP area or any intermunicipal matter that might be requested
by either municipality.
(f) In the event that either municipality does not reply to an intermunicipal
circulation within ten business days (excluding statutory holidays), or
request an extension to respond beyond the ten business day allotment it
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5.5 Discretion and Variance Policies
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may be assumed that the responding municipality has no comment or
objection to the referred matter.
5.5 Discretion and Variance Policies
(a) No Plan can foresee every eventuality or possible situation. Thus, the
careful exercise of discretion and variance represents an important tool in
addressing the dynamics and circumstances of situations that arise while
maintaining the integrity of the IDP. For further clarification, the exercise
of discretion and variance related to any matter or decision rendered with
respect to this IDP shall be guided by the following principles:
i.
The exercise of variance or discretion in deciding an application
must be both reasonable and defensible within the letter and
purpose of the IDP as well as widely accepted planning principles
and development best practices.
ii.
If a requirement or provision of the IDP is to be deviated from, it
is essential that those exercising the discretion or deciding upon
variance clearly understand the rationale behind the requirement
or provision they are being asked to vary.
iii.
Discretion and variance shall only be considered, if it can be
demonstrated that the discretion or variance being considered will,
at a minimum, not jeopardize the IDP's goals, objectives, and
policies and, at best, better serve them.
iv.
Any variance or discretion exercised shall be fully documented, so
that the reasons and rationale for the variance or discretion to be
exercised are accurately recorded and clearly understood.
5.6 Annexation Criteria Policies
(a) There will continue to be a boundary between the Village and County for
the exercise of municipal responsibilities as provided for in the Act.
(b) There is a recognition of the periodic need for urban expansion of the
Village and the need to engage in a collaborative annexation negotiation
process in a positive, orderly, timely, and agreed upon manner, once a
clear and present need for additional land is established through a Joint
Growth Study.
(c) The Village and the County shall engage in a Joint Growth Study prior to
entering an annexation negotiation process.
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5.6 Annexation Criteria Policies
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(d) In determining the timing, size, and location of an annexation area, the
outcomes identified through a Joint Growth Study will be considered.
(e) A Joint Growth Study will serve to inform the annexation negotiation
process, consistent with the Municipal Government Board Annexation
Principles, regarding the following:
i.
Justifiable and mutually agreeable current and future growth rates.
Growth rates are defined at the rate at which land is consumed for
residential, commercial, and industrial purposes normally
expressed in acres per year over a 30-year horizon.
ii.
Availability and cost of servicing. The physical and economic
feasibility of extending municipal services from the Village to
specific areas within the County in a logical, reasonable, and cost
effective manner.
iii.
Adequacy of transportation systems to accommodate new
development. The annexation area should be either serviced with
road network or be able to be serviced with a logical extension of
existing road networks.
iv.
Annexations should follow legal boundaries or natural features
where possible to avoid creating a fragmented pattern of
Landownership.
v.
Annexations should as much as possible have the support of the
landowners involved.
vi.
Annexations should be consistent with the policies of this IDP, the
respective MDPs, and any ASPs or other study. Planning for
annexations should consider a 30-year horizon for land needs.
vii.
Annexations should be a logical extension of the Village fabric and
may include developed areas.
viii.
Annexations should not dramatically alter the taxes collected from
agricultural lands in the annexation area simply because of
annexation. The Village and the County may look at harmonizing
their agricultural mill rates.
ix.
Any other matter that both Councils consider necessary.
(f) The Village and County may establish agreements separate from, or
supplemental to, this IDP; the terms of which being for the purpose of
either delaying, avoiding, or fixing a time-frame for annexation.
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(g) Both municipalities favour periodic annexations involving smaller amounts
of land occurring on an as-needed basis rather than a large and complex
long-range annexation, which may limit interim development of lands in a
proposed annexation area.
(h) No land in the IDP area south of Highway 16 shall be subject to
annexation for the life of this IDP (5 years).
(i) Each municipality shall collaboratively manage lands identified in the IDP
suitable for municipal servicing and development to prevent or mitigate
the impacts from land use and developments, which might unduly
interfere with and create conflict with future urbanization.
(j) Both municipalities shall follow the annexation process as outlined in the
Municipal Government Act current at the time an annexation application is
made.
(k) In the event of annexation where land is not currently serviced by the
Village, the Village may enter into a service agreement with the County
for the existing municipal servicing on annexation lands.
(l) When the Village and County enter into an agreement to service land in
the County, the agreement shall address annexation. When new
agreements are adopted by the municipalities, the IDP and ICF shall be
amended accordingly.
5.7 Dispute Resolution and Mediation Policies
(a) The dispute resolution process is outlined in Sub-section 5.7(g) below.
The emphasis of the dispute resolution process is a collaborative
resolution at the municipal level prior to an appeal to the Municipal
Government Board. This mediation process is based on the assumption
that the two parties have significant differences of opinion and that third-
party assistance is necessary to help resolve the dispute.
(b) A principle of dispute resolution is in consideration of the rights of
landowners who may be the object of an intermunicipal dispute. Thus,
throughout the various processes and procedures outlined herein, it is
important that both municipalities, as well as all parties engaged to
resolve intermunicipal disputes, are mindful of and respect the rights of
the landowners involved.
(c) A dispute is hereby defined as any intermunicipal matter, approval,
statutory plan or LUB or amendment thereto that is given first reading by
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a Council, which the Council of the other municipality deems "to be
inconsistent with the provisions of the ICF or agreement contained therein
and/or the goals, objectives, and policies of the IDP".
(d) A dispute is limited to decisions on the matters outlined in Sub-section
(c) above. It is agreed that decisions on subdivisions and development
permits, including all appeals of same, will be made by the respective
municipalities or the Municipal Government Board where appropriate, but
with review by the Intermunicipal Liaison Committee.
(e) Disputes can only be initiated by the Council of either the Village or
County.
(f) The Village and County agree to consider the creation of a Regional
Subdivision and Development Appeal Board to deal with appeals arising
from subdivision or development permit decisions within the IDP area.
(g) Disputes, as identified in Sub-section (c) above, may be addressed and
may be resolved through any of the following mechanisms, either
singularly or in combination with each other, in accordance with the
provisions in Subsection 3.5.1 -- "Dispute Resolution Process" of the
Village of Kitscoty--County of Vermilion River Intermunicipal Collaboration
Framework:
i.
Administrative Review
ii.
Intermunicipal Liaison Committee
iii.
Municipal Councils
iv.
Mediation
v.
Municipal Government Board Appeal Process
vi.
Arbitration
vii.
Courts
(h) In the event of a dispute, the applicant municipality will not give approval
to the matter in any way (i. e., public hearing, second, or third reading)
until the dispute is past the mediation stage.
(i) The time limitations and legislative requirements as may be specified from
time to time in the Act will be respected in relation to the administration
of this dispute resolution procedure.
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5.8 Repeal, Review, and Amendment Provisions
(a) This Section sets forth processes for repeal, review, and amendment of
this document when it is in the mutual interests of the County and the
Village to do so. The provisions in this Section are pursuant to the Act
Section 708.32.
(b) The IDP is intended to be reviewed by resolution of both Councils at
intervals set not to exceed a 5-year period. A shorter IDP review period
shall be agreed to by Council resolution of both municipalities under the
understanding that the timing of the review shall be no less than one year
after municipal elections.
(c) The IDP may be amended from time to time subject to the agreement of
both municipal Councils. The types of amendments that could be
anticipated include the following:
i.
Changes to Policies (Textual Amendments). Any major changes to
the text of the IDP will require an amendment.
ii.
Changes to Formatting (Structural Amendments). Any major
changes to the order or formatting that will affect the proper
referencing of the provisions of this IDP will require an
amendment.
iii.
Boundary Adjustments. Any changes to boundaries on Schedule
'A' will require an amendment.
iv.
Other. Subject to the agreement of both municipalities, this IDP
may be amended for any other purpose not listed in this Section.
(d) The IDP will stay in effect until both municipalities agree to repeal the
bylaw, when provided for by provincial legislation.
PART 6.0 APPENDIX A
6.1 SUMMARY OF IDP IMPLEMENTATION TASKS
The following is a list of the tasks that will be required to implement the IDP. These tasks/projects
would typically be drafted and/or driven by the municipal Administrations, steered and/or reviewed
by the ILC and ratified for execution by the Councils. External expertise may need to be called
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upon in certain areas or to undertake specific projects subject to the recommendations from the
ILC.
TABLE 2. IDP IMPLEMENTATION TASKS
IDP
Reference
Section
Implementation Task
Implementation
Comments
(g)
Municipal Reserve fund
Joint administrations.
4.1.1(c)
MDP
and
LUB
amendments
deemed
advisable in relation to consistency with IDP.
Each municipality following
IDP adoption.
5.3.2
"County of Vermilion River and the
Villages of Kitscoty, Marwayne,
Dewberry, and Paradise Valley
Intermunicipal Liaison Committee
Terms of Reference"
Amend the ILC "Terms of
Reference" Section 1.2 --
"Functions" to include "any
additional information with
respect to land or services
within the IDP area or any
intermunicipal matter that might
be requested by either
municipality."
(f)
Creation of Regional SDAB.
Consideration and
recommendation to be made to
Councils by Intermunicipal
Liaison Committee.
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MAPS
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Alberta, Canada
March 2020