Intermunicipal Development Plan Bylaw - Didsbury 20/21
Mountain View County, Alberta
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MOUNTAIN VIEW COUNTY
BYLAW NO. 20/21
INTERMUNICIPAL DEVELOPMENT PLAN
BETWEEN
MOUNTAIN VIEW COUNTY AND
TOWN OF DIDSBURY
i
Mountain View County
Province of Alberta
Bylaw No. 20/21
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO ADOPT THE INTERMUNICIPAL
DEVELOPMENT PLAN BETWEEN MOUNTAIN VIEW COUNTY AND THE TOWN OF DIDSBURY
SECTION 1 - SHORT TITLE
1.01
This Bylaw may be cited as the Town of Didsbury Intermunicipal Development Plan.
SECTION 2 - AUTHORITY
2.01
Section 631(1) of the Municipal Government Act, Chapter M-26 Statutes of Alberta 2000, and
amendments, provides that two or more Councils of municipalities that have common
boundaries must, by each passing a Bylaw, adopt an Intermunicipal Development Plan.
2.02
Notice of the proposed Bylaw and Public Hearing was given pursuant to Section 606(2) of the
Municipal Government Act.
2.03
A Public Hearing was scheduled and held on July 14, 2021 at or after 1:00 p.m. pursuant to
Section 692 of the Municipal Government Act.
SECTION 3 - ENACTMENT
3.01
Schedule "A" which forms part of this Bylaw shall constitute the provisions of the
Intermunicipal Development Plan between Mountain View County and the Town of Didsbury
as may be amended from time to time.
SECTION 4 - REPEAL OF BYLAW
4.01
Bylaw No. 18/07 is hereby repealed.
SECTION 5 - EFFECTIVE DATE
5.01
This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Received first reading June 23, 2021.
Received second reading July 14, 2021.
Received third reading August 11, 2021.
Reeve
Chief Administrative Officer
August 25, 2021
Date of Signing
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Schedule "A"
MOUNTAIN VIEW COUNTY-DIDSBURY
Intermunicipal
Development
Plan
iii
Table of Contents
1.0 Introduction ...................................................................................................................................... 1
Background .............................................................................................................................................. 1
Purpose ..................................................................................................................................................... 1
Legislative Context ................................................................................................................................... 1
Interpretation of the Plan ........................................................................................................................ 2
2.0 Strategic Direction ........................................................................................................................... 3
Principles .................................................................................................................................................. 3
Key objectives .......................................................................................................................................... 3
3.0 Plan Area .......................................................................................................................................... 4
4.0 Land Use and Growth Management ................................................................................................ 5
Fringe Area Policies.................................................................................................................................. 7
Referral Area Policies ............................................................................................................................... 7
5.0 Plan Administration and Implementation ........................................................................................ 9
6.0 Referrals and Circulation Process................................................................................................. 11
7.0 Dispute Resolution ........................................................................................................................ 13
1
1.0 Introduction
Background
Mountain View County (the County) and the Town of Didsbury (the Town) adopted an Intermunicipal
Development Plan in 2007. Since 2007 much has changed with not only the local context, but also
provincial planning legislation, defining new requirements for intermunicipal planning under the
Municipal Government Act (MGA). This Intermunicipal Development Plan (the Plan) has been
developed as a collaborative effort between the County and Town, establishing parameters for the
mutually beneficial development of lands and coordination of infrastructure and service delivery in
and around the Town.
Land use decisions made by the Town and County affect and influence each other. A lack of
collaboration can lead to decisions that introduce potential conflict between urban and rural activities
and minimize coordination of infrastructure and service delivery. A strong Intermunicipal Development
Plan establishes positive relationships that are bolstered through consistent and open
communication, providing opportunities to achieve mutually beneficial goals that improve the quality
of life for citizens of the entire area.
Purpose
The purpose of the Plan is to collectively enable appropriate development and support the unique
characteristics of both partners. This represents a cooperative framework for addressing matters of
joint interest to the Town and County through a comprehensive plan and process that minimizes
potential conflict between the partners.
The Plan is a formal, statutory plan and focused on land use and development decisions in the Plan
Area. The Plan is a high-level planning document that guides future growth and development and is
focused on setting clear expectations and agreements around:
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How development will proceed in the Plan Area
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How the partners will continue to work together
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How infrastructure requirements accommodate development in the Plan Area
Legislative Context
The Plan meets the legislative requirements as spelled out in the MGA, which provides the legislative
framework for all Intermunicipal Development Plans in Alberta. The Plan complies with the following
requirements outlined in the MGA:
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Future land uses within the area
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The manner of and the proposals for future development in the area
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The provision of transportation systems for the area
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Coordination of relevant intermunicipal programs and services related to the physical, social,
and economic development of the area
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Accommodate environmental matters within the area
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A procedure to resolve any conflict between the partners
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A procedure to amend or repeal the plan
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Provisions relating to administration of the plan
The MGA also requires that any Intermunicipal Development Plan be consistent with any approved
regional plan. The Plan Area is located within the Red Deer Regional Plan area, which is not yet
complete. When the Regional Plan is adopted, the IDP will be reviewed to ensure consistency. Where
any policy conflicts exist, this Plan will be amended.
The MGA identifies the Intermunicipal Development Plan as the highest order of municipal statutory
plan and all other municipal plans affecting lands within the defined Plan Area shall be consistent with
the policy direction contained in the Plan. The Plan has been created to guide all future planning
initiatives, which will follow policy direction within this document.
Interpretation of the Plan
The Plan has a forty (40) year timeframe and reflects the current perspective on development
conditions, which acknowledges there is sufficient opportunity to accommodate growth and
development within the current boundary for the next twenty (20) years and the lands within the Fringe
Area can accommodate projected growth requirements for an additional twenty (20) years. It is a living
document that will be updated and adjusted over time to ensure it retains its relevance and remains
reflective of the Plan Area.
The Plan is divided into multiple sections to simplify its use, but the Plan needs to be considered as a
comprehensive whole to fully understand its application on the Plan Area. Any interpretation of the
Plan must acknowledge its long-term nature and implementing the policy direction requires open
communication between the partners.
The maps contained within the Plan are intended to provide support and aid the interpretation of the
policies. Boundaries and locations denoted by symbols, as illustrated in Figure 2, are approximate and
are not intended to define exact locations.
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2.0 Strategic Direction
The Plan represents an agreement between the Town and County for lands within the Plan Area over
the next 40 years and an opportunity to coordinate shared objectives for future development around
the following principles that will serve to harmonize expectations between the partners.
Principles
1. Strengthening intermunicipal relationships with a commitment to working collaboratively
through effective and ongoing coordination, and communication.
2. Respecting the autonomy of each other's decisions.
3. Acknowledging the importance of agricultural viability through promoting agricultural activity
in the County.
4. Encouraging ongoing dialogue to understand the unique needs and aspirations of both
municipalities and reduce potential conflicts.
5. Promoting orderly development patterns and the coordination of infrastructure requirements
within the Plan Area, reinforcing the importance of locating developments requiring municipal
water and wastewater servicing within the Town.
6. Respecting the diverse growth and development needs of each municipality, emphasizing the
following:
a. Pursuing annexation only when there is a demonstrated need for boundary expansion
based on mutually agreed upon growth projections and developable land supply within
the current boundary.
b. Respecting the town's future expansion potential, prohibiting multi-lot subdivisions of
those lands adjacent to the Town Boundary that exceed those limits included within
this Plan.
7. Supporting economic development that strengthens the region.
Key objectives
1. Meet the requirements of the MGA.
2. Preservation and protection of Environmentally Significant Areas.
3. Provide local context for land use decisions.
4. Enable both parties to jointly consider the effects that any development in one municipality
might have on the other.
5. Promote effectiveness, efficiency, and transparency in coordinating intermunicipal services,
facilities, and infrastructure.
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3.0 Plan Area
Establishing an effective Intermunicipal Development Plan requires defining a geographic area that
reflects both the individual and mutual interests of the partners. The Plan Area is defined in Figure 1
as:
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Fringe Area
o The Fringe Area are those lands in the County that shall be set aside to accommodate
the future growth of the Town over the next forty (40) years. These lands may be
annexed into the Town to accommodate the need for residential, commercial, and
industrial lands as the need emerges and can be justified based on the criteria
highlighted in Section 4.0: Annexation policies.
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Referral Area
o The Referral Area includes lands in the County that are not intended to accommodate
the future Town expansion through annexation over the course of the forty (40)-year
plan horizon. Planning applications in these areas shall be referred to the Town as
defined in the IDP policies.
o The Referral Area as identified in Figure 1 includes lands that are defined as an
Economic Node. An Economic Node is an area that is more suitable for commercial
and industrial developments.
As part of the process to prepare the Plan, a review of the IDP Study Area was undertaken to identify
land use, as well as physical and environmental features that represent constraints on future
development opportunities, illustrated in Figure 2, which include:
1. Environmentally sensitive areas (i.e. wetlands, steep slopes, etc.) that limit development
potential of the land.
2. Oil and gas facilities and pipelines, and their associated setbacks, that must be considered as
part of any development application.
3. Development setbacks that are associated with existing sewage lagoon facilities that limit the
type and intensity of development.
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4.0 Land Use and Growth Management
Municipalities are tasked with the responsibility to determine future land use patterns for their
jurisdictions under the MGA. Both the Town and County have adopted Municipal Development Plans
(MDP) that identify future land uses and policies to guide development of their respective lands. Each
municipality has a Land Use Bylaw (LUB) that is used to implement the policy direction through land
use and development regulations.
Policies
The following general policies apply to the Fringe Area and Referral Area, as identified in Figure 1.
Agriculture
1. Respect the "right to farm" of agricultural operators to pursue activities associated with
extensive agriculture without interference or restriction based on their impact on adjacent
uses.
2. No new or expanded confined feeding operation shall be supported within the Fringe Area or
the Referral Area as identified in Figure 1.
3. Land use policies in the IDP minimize conflict of future growth needs of the Town and
agricultural uses are safeguarded from premature development.
Environment
1. Development proposed on lands identified as Environmentally Significant Areas shall require
the appropriate level of environmental site assessment, biophysical analysis, and mitigation
strategy in accordance with the County's MDP, Policies and Procedures and Land Use Bylaw.
2. Development shall include the appropriate management of storm water runoff and drainage
so that adjacent lands are not negatively impacted by changes in drainage volumes and
patterns.
3. The Rosebud River is an important feature of the Didsbury area. The river and its tributaries
create a natural greenspace corridor that should be preserved and enhanced for the
enjoyment of the region. Through cooperation of the Town and the County, intermunicipal
greenspaces and trail linkages may be created.
4. The topography, represented by the identified Environmentally Significant Areas in Figure 2,
poses potential development constraints within the Town. Any future annexation proposal shall
evaluate the suitability of these lands to determine the amount of "sufficient developable
lands" capable of facilitating twenty (20) years of projected growth, as required under the
"MGB Principles of Annexation" referenced in Annexation: Policy 7 of the Plan.
Infrastructure
1. The Town and County shall share information to ensure a safe and efficient transportation
network can be developed and maintained to service the residents and businesses.
2. When subdivisions are approved, all right-of-way requirements will be secured to ensure that
long-term transportation and utility plans can be implemented when warranted.
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3. The Town and County acknowledge that the growth and expansion of the Town is dependent
on the extension of water and wastewater services to development within the Town, and both
municipalities agree to work together to ensure the corridors for these services are protected.
4. All future development in the County shall be required to have on-site water and wastewater
servicing, except where connection to town services may be warranted under the following
conditions:
a. The County and the Town mutually agree that the proposed development is a better fit
in the County because of the land consumption needs; and
b. The County and the Town mutually agree to a written sub-agreement under the
Intermunicipal Collaboration Framework; and
c. The subject of the agreement meets the requirements of the Mountain View Regional
Water Services Commission and Alberta Environment and Parks.
5. Notwithstanding the other policies only applies to Fringe Area and Referral Area, all future
development in the Town shall be required to have municipal water and wastewater servicing,
except under the following conditions:
a. The Town demonstrates that providing water and/or wastewater servicing to the
proposed lands is not feasible from a financial or operations and maintenance
perspective; and
b. The County mutually agrees that the location of the unserviced development within the
Town meets the principles of the IDP and the development's servicing strategy is part
of an approved Area Structure Plan.
6. The Town and County acknowledge that the development of the oil and gas industry has played
an integral part in the development of the region. Both municipalities shall endeavour to 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.
7. Notice of major infrastructure servicing proposed by one municipality shall be provided to the
other.
Economic Development
1. Through the respective MDPs, the Town and County shall ensure that their combined land use
patterns provide a suitable inventory of lands for commercial and industrial development. This
includes a range of choice for potential activities relative to variable parcel sizes, access and
visibility along major travel corridors, available municipal services, and levels of servicing.
2. Both municipalities shall work towards diversification of local economic sectors to increase
employment opportunities and increase the size of the non-agricultural and non-residential
assessment base.
3. The Town and County Administrations may bring forward to ICC development proposals located
in the Town, Fringe Area or the Referral Area that benefit both municipalities that is not
contemplated in the Plan's Land Use Policies and which may require a collaborative approach
to servicing the subject properties due to unique circumstances that may include one or more
of the following:
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a. servicing requirements of proposed developments;
b. servicing inefficiencies realized within the Town due to past annexation decisions or
other planning decisions; or
c. proposals that would realize greater cost efficiencies through a collaboration.
4. The quarter sections on either side of Highway 2A and Highway 582 identified as an Economic
Node within the Referral Area shall have special consideration for visual appearance. The
County shall apply the County Land Use Bylaw and Business, Commercial and Industrial
Guidelines when considering new development permit applications.
Land Use
The following land use policies apply to the IDP Fringe Area and the IDP Referral Area as identified in
Figure 1. These policies identify future land use, subdivision and development opportunities and do
not require landowners to develop.
Fringe Area Policies
1. The Fringe Area shall be the priority area for future annexations by the Town. It is expected that
the lands within the Fringe Area will be annexed to the Town in blocks (one or more quarter
sections at a time) based on justified need for additional residential, commercial and industrial
lands in accordance with the Annexation Policies of the IDP. The timing and identification of
portions of the Fringe Area for future annexations shall be determined through consultations
between the Town and County.
2. To preserve large blocks of land for efficient, economical design as part of a future urban area
and to avoid impeding the ability of the Town to grow, subdivision and development in the
Fringe Area shall be limited.
3. Changes in land use designation and/or subdivision of lands identified as Fringe Area on
Figure 1 shall only be considered to facilitate a "first parcel out" from a quarter section,
resulting in a maximum number of two (2) titles per quarter-section.
Referral Area Policies
1. The lands in the County that are identified as Referral Area on Figure 1 are not intended to
accommodate Town growth within the 40-year time frame of the IDP but are of interest due to
the impact that development on these lands may have on the Town.
2. Planning matters such as proposed changes in land use and subdivision within the Referral
Area shall be referred to enable coordination of planning and servicing decisions.
3. Minimizing the amount of land taken out of agricultural production shall be the primary focus
in the Referral Area.
4. Changes in land use designation and/or subdivision of lands identified as Referral Area on
Figure 1 shall only be considered to facilitate low-density development that shall not exceed a
maximum number of four (4) titles per quarter-section and shall comply with the applicable
policies of the County's MDP, as amended from time to time.
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5. Changes in land use designation and/or subdivision of lands identified as Economic Node
within the Referral Area, shall only be considered where supported by an approved Concept
Plan or ASP.
Annexation
When this Plan is approved, the Town has a land supply within its boundary to accommodate a
minimum of twenty years of growth. The Plan acknowledges that growth rates and development
pressures for both the Town and County will vary over time, but it is important to provide direction for
any planned transition of lands within the Plan Area from one jurisdiction to another.
1. The County recognizes and agrees that annexation of lands from the County by the Town to
provide additional land for Town growth shall be needed from time to time.
2. The Town recognizes that future annexation applications shall be guided by the need to expand
current boundaries based on a diminishing supply of developable land.
3. Either municipality may put forward an annexation proposal.
4. Where annexation is proposed by either municipality, efforts shall be made to ensure that
affected landowners, meaning those whose land is proposed to be transferred to the Town or
the County's jurisdiction, are notified prior to the public.
5. Annexation proposals shall be reviewed by the ICC prior to submission of a Notice of Intent to
the respective Councils and the Municipal Government Board.
6. The Town and County shall endeavour to reach an intermunicipal agreement on the annexation
prior to submitting the annexation to the Municipal Government Board.
7. In evaluating the appropriateness of an annexation proposal, the Town and County agree that
the Principles of Annexation, established by the Municipal Government Board - Board Order
No. MGB 123/06 (as modified), shall be considered and documented in a supporting report.
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5.0 Plan Administration and Implementation
Effective implementation is dependent on ongoing and proactive communication and strong
relationships. This section provides clarity on the agreed upon processes, roles, and timelines for
collaboration.
Policies
Intermunicipal Cooperation Committee
1. The Intermunicipal Cooperation Committee (ICC) formed under the Town of Didsbury and
Mountain View County Intermunicipal Collaboration Framework Master Agreement shall be the
primary forum for discussing matters relating to the IDP and shall conduct their meetings and
decision making based on protocols and processes outlined in the Master Agreement.
2. The mandate of the ICC with respect to the IDP shall include discussion and consideration of
the following:
a. Making recommendations to both Councils on intermunicipal matters related to land
use planning that are referenced to the ICC by either municipality.
b. Monitoring the progress of the IDP.
c. Reviewing any proposed annexations.
d. Reviewing any proposed amendments to the IDP.
e. If necessary, assisting with the resolution of disputes in accordance with the IDP
policies.
Plan Adoption and Authority
1. The Plan shall be adopted by bylaw by the Town and County in accordance with the MGA.
2. As noted in the legislative context, the IDP shall take precedence over all other statutory plans
and policies, including the MDP and LUB, and both the Town and County shall ensure that their
respective statutory plans comply with the principles set out in this Plan.
3. The Town and County shall each bear responsibility for the administration and decisions on all
statutory plans and LUB amendments falling within their own jurisdiction. Each municipality
shall act as the Approving Authority within their own municipal boundaries.
Plan Review and Amendment
1. The ICC shall authorize Administration to proceed with a review on ten (10)-year intervals, or
on an as-needed basis as mutually determined by both Councils.
2. An amendment to the IDP may be proposed by either municipality. Any proposed amendment
should first be presented to the Administration of the other municipality to facilitate review. If
the receiving municipality determine there is merit, the proposed amendment shall be
forwarded for discussion at an ICC meeting. All such proposed amendments shall not take
affect unless adopted by both the Town and County through bylaw.
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3. Upon adoption of the Red Deer Regional Plan, the ICC will review any potential impacts and
discuss amendments necessary for compliance.
4. Following the conclusion of any annexation process or change in municipal boundaries, the
IDP map and text impacted by the change in municipal boundaries shall be amended.
Procedure to Repeal
1. If either municipality deems the current IDP is no longer workable or not in their interests, the
municipality may initiate the process to repeal the current IDP.
2. The following procedure to repeal the current IDP shall be applied:
a. The municipality wishing to repeal the current IDP shall give the other municipality
written notice of its intention to repeal its bylaw adopting the current IDP.
b. Within thirty (30) days of the date of written notice being forwarded to the other
municipality, an ICC meeting shall be convened at which meeting the municipality
initiating the repeal process shall provide its reasons for doing so.
c. Following the ICC meeting, the municipality initiating the repeal process may either
withdraw its intention to repeal the current IDP by giving written notice to the other
municipality or the two municipalities may agree to proceed with an option as identified
by the Municipal Government Act.
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6.0 Referrals and Circulation Process
The mutual referral of planning and development applications, policy plans, and other relevant studies
is essential to the proper administration of this Plan and for effective coordination of planning across
municipal boundaries. This requires establishing a process for the referral of plans, amendments, and
applications within the Plan Area.
Policies
1. Notwithstanding that the policies of the IDP only apply to the lands contained within the IDP
Area, the Town agrees to refer planning matters to the County when lands are adjacent to the
County boundary or as required in the Town's Land Use Bylaw or when development is
considered under Infrastructure policy 5a and 5b. The matters to be referred shall include:
a. Subdivision applications when not located within an area structure plan.
b. Land use bylaw amendments and redesignations.
c. New area structure plans or amendments to an existing area structure plan.
d. New area redevelopment plans or amendments to an existing area redevelopment
plan.
e. Amendments to the Town's Municipal Development Plan.
f.
Discretionary use development permit when not within an existing area structure plan
or redevelopment plan
2. The County agrees to refer planning matters that apply to lands within the IDP Area as shown
on Figure 1 to the Town. The matters to be referred shall include:
a. Subdivision applications.
b. New area structure plans or amendments to an existing area structure plan.
c. New area redevelopment plans or amendments to an existing area redevelopment
plan.
d. New Concept Plans or amendments to an existing Concept Plan.
e. Amendments to the County's Municipal Development Plan where the lands subject to
the amendment is within the Fringe Area or Referral Area as shown on Figure 1.
f.
Discretionary use development permits within the Fringe Area or Referral Area as
shown on Figure 1.
3. Circulations shall be sent to each Administration with the expectation that comments shall be
provided from an administrative perspective. Each municipality shall offer comments from the
perspective of specific implications that have a high likelihood of affecting their own planning
efforts around land uses, development, and infrastructure and compliance with the IDP
policies. General observations and advice on issues that have no bearing on the planning
efforts of the commenting municipality shall be avoided.
4. The Administration receiving the circulation shall be given at least 21 calendar days to submit
their comments and shall make their comments in writing within the 21-calendar day period,
except for discretionary use development permits that shall be circulated at least 14 calendar
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days. The CAO of the municipality sending the referral may agree to an extension of the review
period and where an extension is provided it shall be communicated in writing.
5. When issues are raised through the referral and circulation process, they shall be addressed
using the process steps described below. While these steps are underway, the municipality
having jurisdiction over the matter shall not proceed with making a decision.
Step 1:
Once an issue is identified, the Administration of the municipality having jurisdiction shall
provide the other municipality's Administration with all available information concerning the
matter.
Step 2:
The Administration of the commenting municipality shall evaluate the matter and provide
written comments to the other municipality.
Step 3:
Every attempt shall be made to discuss the issue with the intent of arriving at a mutually
acceptable resolution.
Step 4:
If an agreement or understanding on how to approach the issue is reached, the Administration
of the commenting municipality shall indicate same to the Administration of the other
municipality in writing. If no agreement can be reached, the matter shall be referred to each
Council to determine if the dispute resolution process is to be used. This step shall not apply
to referrals of subdivision applications and discretionary use development permits.
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7.0 Dispute Resolution
Both Partners acknowledge the preference to avoid and minimize disputes, however despite the best
efforts of both municipalities, it is understood that disagreements may arise.
Policies
1. The Town and County agree that disputes relating to matters covered by the IDP shall be
restricted to the following:
a. Lack of agreement on any proposed amendment to the IDP.
b. lack of agreement on any proposed statutory plan, land use bylaw or amendment to
either located within or affecting the IDP Area.
c. Lack of agreement on an interpretation of the IDP.
2. Lack of agreement on the matters listed above is restricted to a statutory plan, land use bylaw
or amendment to either where first reading of a bylaw is given by one Council and which the
other Council deems to be inconsistent with the policies of this IDP or detrimental to their
planning interests as a municipality.
3. A dispute on a matter not listed above may be referred to the appropriate authority or appeal
board that deals with that issue.
4. The dispute resolution process of the IDP may only be initiated by Town Council or County
Council.
5. Dispute Resolution will align with Step 1 (Negotiation) and Step 2 (Mediation) of the
Intermunicipal Collaboration Framework Master Agreement held between the two parties. If
mediation does not resolve the dispute, the Municipality may proceed with the Bylaw adoption
process allowing the other Municipality to appeal to the Municipal Government Board at their
discretion.
6. The municipality initiating a dispute may withdraw their objections at any time. The municipality
initiating the dispute shall provide written confirmation that the dispute is withdrawn to the
other municipality.
7. Both municipalities agree that time shall be of the essence when working through the dispute
resolution process.
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Figure 1: IDP Plan Area
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Figure 2: IDP Constraints