2017 06 Intermunicipal Development Plan Bylaw

Millet, Alberta

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Town of Millet Bylaw #2017/06 County of Wetaskiwin No. 10 Bylaw 2017/39 VICINIA PLANNING & ENGAGEMENT INC., 2017 INTERMUNICIPAL DEVELOPMENT PLAN 1 Table of Contents A. INTRODUCTION ....................................................................................................................... 2 B. MUNICIPAL PROFILES .............................................................................................................. 2 C. LEGISLATIVE REQUIREMENTS .................................................................................................. 2 D. PLAN AREA ............................................................................................................................... 3 E. GOALS ...................................................................................................................................... 5 F. SHORT TERM ANNEXATION AREA ........................................................................................... 5 G. AGRICULTURAL/INTERMUNICIPAL DEVELOPMENT PLAN AREA .............................................. 6 H. REFERRAL AREA ....................................................................................................................... 7 I. LAND USE POLICIES .................................................................................................................. 7 J. ENVIRONMENTAL MATTERS .................................................................................................... 8 K. WATER AND WASTEWATER SERVICES ..................................................................................... 9 L. TRANSPORTATION SYSTEMS ................................................................................................... 9 M. UTILITY CORRIDORS ................................................................................................................. 9 N. ECONOMIC DEVELOPMENT ................................................................................................... 10 O. PLAN ADMINISTRATION AND IMPLEMENTATION ................................................................. 12 P. ANNEXATION ......................................................................................................................... 13 Q. DISPUTE RESOLUTION ........................................................................................................... 13 R. CORRESPONDENCE ................................................................................................................ 15 2 A. INTRODUCTION 1) The Town of Millet (Town) and the County of Wetaskiwin No. 10 (County) have agreed to undertake the process for preparing and adopting an Intermunicipal Development Plan (IDP). 2) The Town and the County recognize that all municipalities are equals and have the right to growth and development. 3) The purpose of the IDP is to accomplish the following with the Plan Area: a) Ensure orderly development, while protecting the area surrounding the Town for future expansion; b) Establish a framework for attracting economic opportunities; c) Improve opportunities to secure a long-term economic base for the region; d) Ensure the municipalities are development ready and future oriented in their efforts to attract economic activity; e) Ensure that the municipalities are developed in a manner that is equitable and fair to the residents of the municipalities; and f) To identify areas for County growth and development. B. MUNICIPAL PROFILES Town of Millet The Town covers an area of approximately 357 hectares (882 acres), with a population of 1945 (Federal Census, 2016). The Town is located 40km southeast of Edmonton and 13km north of Wetaskiwin within the County. The Town developed as a service center for the agricultural community in the area. Today the Town is a vibrant community providing services to residents in the north-eastern part of the County and serving as a bedroom community for people working in the South Edmonton area. County of Wetaskiwin No. 10 The County covers an area of approximately 337,900 hectares (835,000 acres), with a population of 11,181 (Federal Census, 2016). The County surrounds two urban municipalities, seven Summer Villages, contains seven hamlets, borders five rural municipalities and four First Nations. The economy of the County is primarily based on agriculture, with some oil and gas developments. With both Pigeon Lake and Buck Lake located in the County, there has been considerable development within the County and the Summer Villages bordering on these lakes. C. LEGISLATIVE REQUIREMENTS 3 1) The MGA identifies the following as matters to be addressed for lands within the boundary of the IDP: - Future land use; - Proposals for and the manner of future development; - Conflict resolution procedures; - Procedures to amend or repeal the plan; and - Provisions relating to the administration of the plan. D. PLAN AREA 1) The Intermunicipal Development Plan Area (the Plan Area) are the lands surrounding the Town of Millet, as shown on Map 1. 4 Map 1 - Plan Area Boundaries 5 E. GOALS 1) The following are goals that have been identified by the Town and the County for the Plan Area. Some of the goals are of an on-going nature while some may be seen as more time specific. a) Identification of Lands for Short Term Annexation. This area is defined as the lands required by the Town to enable 20 years of growth. b) Identification of the Agricultural/Intermunicipal Development Area. This is the area surrounding the Town that will be protected for the future growth of the Town. c) Identification of the Referral Area. This is the area in the County, within one mile of the Town, where the County will refer proposed developments and subdivisions to the Town for review and comment. d) Continued investment in and development of the Joint Economic Development Initiative (JEDI). e) Development of land use policies to provide for and in support of economic development that will benefit the two municipalities economically and socially. f) Development of land use polices to protect prime agricultural lands from premature designation, subdivision and non-farm development. g) Development of a Plan for the provision of utility corridors within the Plan Area to provide for future growth and development of the IDP area, and to ensure oil and gas development/pipelines do not inhibit or restrict the future development of the region. h) Effective coordination of transportation systems and protection of required land for future road and trail network developments. i) Development of land use policies to ensure that future sites for schools and recreation areas are protected. j) Identification and protection of physical features and environmentally sensitive areas. k) Effective referral mechanisms and dispute resolution mechanisms. l) Plan administration and implementation. F. SHORT TERM ANNEXATION AREA 1) The Short Term Annexation Area will be those lands within the County identified as Short Term Annexation Area on Map 1 Plan Area Boundaries. 2) The Short Term Annexation Area, includes the lands that Town and County have an agreement in place for the Town to annex these lands. The application has been submitted to the Alberta Municipal Government Board and the municipalities are awaiting a decision on the annexation. 3) All subdivision and discretionary use development permit applications, Land Use Bylaw amendments and Area Structure Plans within the Short Term Annexation Area 6 will be referred to the Town for comment until such time as the lands are annexed to the Town. 4) Confined feeding operations requiring registrations or approvals and manure storage facilities requiring authorization under the Agricultural Operations Practices Act shall not be allowed within the Short Term Annexation Area. 5) The planning process in the Short Term Annexation Area will be a cooperative effort between the Town and the County and the City of Wetaskiwin, as per the Joint Economic Development Initiative agreement. Developers will be required to work with the appropriate planning departments to ensure that the development is compatible with the future growth patterns of the Town. G. AGRICULTURAL/INTERMUNICIPAL DEVELOPMENT PLAN AREA 1) The Agricultural/Intermunicipal Development Area will be those lands within the County identified as Agricultural/Intermunicipal Development Area on Map 1 Plan Area Boundaries. 2) The Agricultural/Intermunicipal Development Area will, where growth patterns remain as anticipated, be the primary urban expansion area and the priority area for future annexations by the Town. 3) All subdivision and discretionary use development permit applications, Land Use Bylaw amendments and Area Structure Plans within the Agricultural/Intermunicipal Development Area will be referred to the Town for comment. Any disputes shall be dealt with through the procedure outlined within Section Q of this plan. 4) Confined feeding operations requiring registrations or approvals and manure storage facilities requiring authorization under the Agricultural Operations Practices Act shall not be allowed within the Agricultural/Intermunicipal Development Area. 5) The planning process in the Agricultural/Intermunicipal Development Area will be a cooperative effort between the Town and the County. Developers will be required to work with the Town and County planning departments to ensure that the development is compatible with the future growth patterns of the Town. 6) Farmstead subdivisions will be permitted within the Agricultural/Intermunicipal Development Area pursuant to the County's Municipal Development Plan. An area structure plan will be required for any multi-lot subdivisions in the Agricultural/Intermunicipal Development Area. Multi-lot subdivisions shall be considered to be any subdivision which will create three or more lots in addition to the remnant parcel, on a quarter section, excluding quarter sections containing both a farmstead/undeveloped country residential site and fragmented parcel. 7 H. REFERRAL AREA 2) The Referral Area is those lands within the County identified as the Referral Area on Map 1 Plan Area Boundaries. These lands are intended to be developed in a manner that is compatible with the growth of the Town, while still permitting agricultural and residential development in the County. 3) All subdivision applications, Land Use Bylaw amendments and Area Structure Plans within the Referral Area will be referred to the Town for comment. All development permit applications approved by the County Development Authority shall be in accordance with the provisions of this Plan. Any disputes shall be dealt with through the procedure outlined within Section Q of this document. 4) Confined feeding operations requiring registrations or approvals and manure storage facilities requiring authorization under the Agricultural Operations Practices Act shall not be allowed within the Referral Area. I. LAND USE POLICIES 1) The County agrees that all development within the Agricultural/Intermunicipal Development Area will be planned to minimize the impact on the growth of the Town. 2) The County agrees that all multi-lot subdivisions within the Agricultural/Intermunicipal Development Area and Referral Areas be designed to be served by municipal water and wastewater infrastructure at the same standards as lands within the Town, for the eventual connection to Town water and wastewater services, such connection be at the property owner's cost. 3) In considering subdivision and development proposals in the Agricultural/Intermunicipal Development Area the County Subdivision and Development Authority will ensure the proposed subdivision and/or development conforms to the intent of the Map 2 Future Land Use Concept and the land use policies contained herein. 4) The following land use provisions will apply to all new development within Agricultural/Intermunicipal Development Area and Referral Areas: a) Residential, commercial and industrial areas identified in Map 2 shall be used predominantly for these purposes over the long term. Agricultural, local commercial (within residential areas), open space, recreational, institutional and resource extraction industrial uses may also be present based on the detailed land use concept of an approved area structure plan. Unless otherwise agreed to in writing by the Town, subdivision and development within the Agricultural/Intermunicipal Development Area which is more intensive than the first parcel out subdivisions and farmstead removals, may be allowed where the following conditions are met: 8 i) Subdivision and development of residential areas shall meet or exceed a density of development of five (5) units per gross developable acre (12 units per hectare), and include those uses and districts identified within the Town of Millet Land Use Bylaw. For the purposes of this Plan, the term "gross developable acre/hectare" includes all land in title less those lands to be dedicated as environmental reserve, open space in excess of the 10% Municipal Reserve mandated by the Municipal Government Act, and lands that will remain in agricultural use. ii) Subdivision and development of commercial and industrial areas shall meet or exceed typical Town densities, and shall include those uses identified within the Light Industrial District of the County Land Use Bylaw. 5) In considering subdivision and development permit applications in the Referral Area, the County Subdivision and Development Authority will ensure the proposed development is compatible with the adjacent uses within Agricultural/Intermunicipal Development Area. 6) Development within the Millet-Wetaskiwin Acreage Study area will be in accordance with the Millet-Wetaskiwin Acreage Study. 7) Existing developments that were approved through a subdivision or development process prior to the approval of this Intermunicipal Development Plan shall remain in place. 8) All appeals of subdivisions and developments within the Plan Area will be considered by the governing municipality's Subdivision and Development Appeal Board. J. ENVIRONMENTAL MATTERS 1) All agricultural operators and other users are encouraged to continue best efforts to maintain high standards of water quality in the Battle River and its tributaries. 2) Land use and development in flood prone areas are generally discouraged, but where it is considered by the host municipality, it shall be carefully regulated such that there is no negative effect on the adjacent municipality. 3) Landowners and residents are encouraged to follow water conservation practices, as established by their respective municipality. 4) Both municipalities will endeavour to ensure all sources of potable water supplies within their respective jurisdictions are protected and meet provincial guidelines for water quality. 9 5) The Town and the County agree that development of lands within the Plan Area may impact environmentally significant sites. Development in these areas may be required to: a. conduct an environmental impact assessment (EIA); and, b. contact Alberta Environment and Parks regarding the development. K. WATER AND WASTEWATER SERVICES 1) The County agrees to require all new developments in the Short Term Annexation Area and Agricultural/Intermunicipal Development Area to be developed with water and wastewater services to the same standards as the Town. For wastewater services, developments within these areas may be served on an interim basis via pump-out tanks hauling to the Millet Wastewater Lagoon, until such time as wastewater transmission lines are extended to the area.| 2) The Town agrees that all development within the Agricultural/Intermunicipal Development Area will be permitted to connect to the Town's water and wastewater services. The provision of water to developments within the County will be subject to the Town's agreement with the Capital Region Southwest Water Services Commission. L. TRANSPORTATION SYSTEMS 1) The Town and County will work together to ensure a safe and efficient transportation network is developed and maintained to service the residents and businesses within the IDP area. The Town and County will also cooperate on the development of all future Transportation Master Plans. 2) When subdivisions are approved in the Plan Area, all right-of-way requirements will be secured to ensure that long-term transportation and road plans can be implemented when warranted. 3) As a condition of subdivision or development approval in the Short Term Annexation Area, Agricultural/Intermunicipal Development Area, all internal roads within residential and commercial subdivisions shall be developed to the Town standards. M. UTILITY CORRIDORS 1) The Town and County acknowledge that the future development within the Plan Area is dependent on access to water and wastewater services, and the Town and County agree to work together to ensure the corridors for these services are protected. 2) The Town and County also acknowledge that the development of the oil and gas industry has played an integral part in the development of the region. The Town and 10 County will work with the oil and gas industry to ensure that the orderly development of the Plan Area is not unduly restricted by the development of oil and gas infrastructure, including pipelines. N. ECONOMIC DEVELOPMENT 1) The municipalities have agreed to work together to promote and support economic development that is good for both municipalities. Land use policies will be developed that will support and encourage a cooperative effort in support of economic development. 2) The Town and County have a dynamic economic partnership between the Town, the County and the City of Wetaskiwin under the Joint Economic Development Initiative (JEDI). This was created as a non-for-profit organization in 2003 as an industrial land development cost and revenue sharing agreement with the partner municipalities designed to simplify and further growth. As industrial development is one of the region's key objectives, the cost and revenue sharing agreement is structured to support this objective. The City of Wetaskiwin will not be a part of JEDI as of December 31, 2017; however, both the Town and County continue to support the JEDI initiative, with additional amendments as agreed to by all parties. 11 Map 2 - Land Use Concept 12 O. PLAN ADMINISTRATION AND IMPLEMENTATION Adoption Process 1) This IDP and any amendments shall be adopted by bylaw by the Town and the County in accordance with the MGA. 2) Any amendments to the Municipal Development Plans and Land Use Bylaws of the Town and County required to implement the policies of the Intermunicipal Development Plan should occur as soon as practicable following adoption of this IDP or any amendment to the IDP that establishes or amends policies within this IDP. Approving Authorities 1) In the hierarchy of statutory plans, the Intermunicipal Development Plan shall take precedence over the other municipal statutory plans. 2) Each Municipality shall be responsible for the administration and decisions on all statutory plans, land use bylaws, and amendments thereto within their boundaries. Plan Amendments 1) An amendment to this Plan may be proposed by either municipality. An amendment to the Plan proposed by a landowner shall be made to the municipality in which the subject land is located. 2) An amendment to this Plan has no effect unless adopted by both municipalities by bylaw in accordance with the MGA. Intermunicipal Cooperation 1) The Town and County agree to create a recommending body known as the Intermunicipal Committee (hereinafter referred to as the Committee). 2) The Committee will meet on an as required basis and will develop recommendations to the Town and County Councils on all matters of strategic direction and cooperation affecting residents, except matters where other current operating structures and mechanisms are operating successfully. The topics to be discussed will include: a) Long-term strategic growth plans for the Municipalities as may be reflected in the Intermunicipal Development Plan, Municipal Development Plans, Area Structure Plans and other strategic studies. b) Intermunicipal and regional transportation issues including the Transportation and Utility Corridors, truck routes. c) Prompt circulation of major land use, subdivision and development proposals in either municipality which may impact the other municipality; and d) The discussion of intermunicipal or multi-jurisdictional issues in lieu of a regional planning system. 13 3) The Committee shall consist of four members, being two Councillors from each Municipality. 4) The Chief Administrative Officers will be advisory staff to the Committee, responsible to develop agendas and recommendations on all matters, and for forwarding all recommendations from the Committee to their respective Councils. Plan Review 1) Once every four years, commencing no later than 2022, the IDP will be formally reviewed by the Committee in conjunction with the Intermunicipal Collaboration Framework in order to confirm or recommend amendment of any particular policy contained herein. The Committee will prepare recommendations for consideration by the municipal councils. P. ANNEXATION 1) The Town and County submitted an Annexation Application on December 12, 2016. The Town and County have agreed that lands within the Annexation area will provide for 20 years of projected growth within the boundaries of the Town. 2) The County recognizes and agrees that the Town will need additional land to grow and will support future annexations that will provide for 20 years of projected growth within the boundaries of the Town. 3) The annexation process may be initiated by the Town through the preparation of a Growth Study and in accordance with the Municipal Government Act. 4) In contemplating future annexations land should remain in whichever municipality is best able to provide services to it and its owners. As a general rule, farm land should be in the County, and land which is subdivided to urban densities, or which requires municipal water and/or sewer, should be in the Town. 5) In contemplating future annexations the Town will not attempt to annex any land until there is a legitimate proposal for development to urban uses or requiring urban services. A proposal will be considered legitimate when the owner has been granted subdivision or development approval. When this pre-condition is met, the County will not object to annexation. 6) The Town and County will endeavour to reach an intermunicipal agreement on the annexation prior to submitting the annexation to the Municipal Government Board. Q. DISPUTE RESOLUTION 1) The Town and County agree that the following process shall be used to resolve or attempt to resolve disputes between the Municipalities arising from the following: 14 a) Lack of agreement on proposed amendments to the IDP; b) Lack of agreement on any proposed statutory plan, land use bylaw or amendment to thereto for lands located within or affecting the Plan Area; or c) Lack of agreement on an interpretation of this IDP. 2) Lack of agreement pursuant to section Q(1)(a) or (b) is defined as a statutory plan, land use bylaw or amendment to either which is given first reading by a Council which the other Council deems to be inconsistent with the policies of this Plan or detrimental to their planning interests as a municipality. 3) A dispute shall be limited to the decisions on the matters listed in section Q(1). Any other appeal shall be made to the appropriate approving authority or appeal board that deals with that issue. 4) The dispute resolution process may only be initiated by Town or County Councils. 5) Identification of a dispute and the desire to go through the dispute resolution process may occur at any time regarding an Q(1)(c) dispute matter and may only occur within 30 calendar days of a decision made pursuant to section Q(2). Once either municipality has received written notice of a dispute, the dispute resolution process must be started within 15 calendar days of the date the written notice was received, unless both Chief Administrative Officers agree otherwise. 6) In the event the dispute resolution process is initiated the municipality having authority over the matter shall not give any further approval in any way until the dispute has been resolved or the mediation process has been concluded. 7) In the event mediation does not resolve the dispute, the Municipality may proceed to adopt the bylaw and in accordance with the Municipal Government Act, the other municipality will have the right to appeal to the Municipal Government Board. 8) The Intermunicipal Committee formed under the Intermunicipal Collaboration Framework will be the forum used to in relation to any disputes. Dispute Resolution Process Stage 1 Administrative Review - The Chief Administrative Officers of both municipalities will meet in an attempt to resolve the issue first. Failing resolution, the dispute will then be referred to the Intermunicipal Committee. In the event a resolution is not achieved by the 30th day following the first meeting of the Chief Administrative Officer of both Municipalities, either municipality may refer the dispute to the Intermunicipal Committee. Stage 2 Intermunicipal Committee Review - The Committee will convene to consider and attempt to resolve the dispute. Failing resolution, the dispute will then be referred to mediation. In the event a resolution is not achieved by the 30th day following the first meeting of the Intermunicipal Committee, either municipality may refer the dispute to the Mediation. 15 Stage 3 Mediation - The services of an independent mediator will be retained, with the mediator to present a written recommendation to both Councils. The costs of mediation shall be shared equally between the Town and County. Stage 4 Municipal Government Board - In the event the mediation process does not resolve the dispute, the Municipality may proceed to adopt the bylaw and in accordance with the Municipal Government Act, the other municipality will have the right to appeal to the Municipal Government Board. R. CORRESPONDENCE 1) Written notice under this Plan shall be addressed as follows: a. In the case of the County of Wetaskiwin No. 10 to: County of Wetaskiwin No. 10 c/o Chief Administrative Officer Box 6960 Wetaskiwin, AB T9A 2G5 b. In the case of the Town of Millet to: Town of Millet c/o Chief Administrative Officer Box 270, 5120-50 St. Millet, Alberta T0C 1Z0