MUNICIPAL DEVELOPMENT PLAN

Transcription

1 MUNICIPAL DEVELOPMENT PLAN Bylaw C Adopted on July 6, 1998 MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 Department of Planning and Development & Building Services

2 MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 BYLAW C A Bylaw of the Municipal District of Rocky View No. 44 to amend Bylaw C WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS the Municipal Government Act, being Chapter M and amendments hereto, provides that a Municipality having a population of 3,500 or more shall, by by-law, adopt a plan for the Municipality to be known as the Municipal District of Rocky View No. 44 Plan; and pursuant to the Municipal Government Act, the Council of the Municipal District of Rocky View No. 44 did direct the preparation of a Municipal Development Plan by motion of Council; and Council did provide opportunity to those persons affected by the Municipal Development Plan to make suggestions and representations; and a notice was published in the Calgary Rural Times, a newspaper circulating in the Municipality advising of the Public Hearing with respect to this By-law; and Council held a Public Hearing and have given consideration to the representations made to it in accordance with the Municipal Government Act, being Chapter 24 of the Revised Statutes of Alberta 1995, and all amendments thereto. NOW THEREFORE the Council of the Municipal District of Rocky View No. 44 enacts the following: 1. This by-law may be cited as the Municipal District of Rocky View No. 44 Municipal Development Plan. 2. The Municipal District of Rocky View No. 44 Municipal Development Plan being Schedule A attached hereto and forming part of this by-law is adopted in its entirety. 3. Upon third and final reading of this by-law, By-law C rescinded in its entirety. 4. This by-law shall come into effect upon third and final reading thereof. File: First reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta, on December 16, 1997, on a motion by Councillor Vincent. Second reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta, on July 6, 1998, on a motion by Councillor Anderson. Third reading passed in open Council, assembled in the City of Calgary, in the Province of Alberta, on July 6, 1998, on a motion by Councillor Vincent. REEVE OR DEPUTY REEVE MUNICIPAL SECRETARY

3 MUNICIPAL DISTRICT OF ROCKY VIEW No. 44 MUNICIPAL DEVELOPMENT PLAN BY-LAW C SCHEDULE A NOTE: This document is an office consolidation. The original By-law may be viewed at the Administration Office of the Municipal District of Rocky View No. 44 and should be consulted for all purposes of interpreting and applying the By-law. Amended June 29, 2010

4 TABLE OF CONTENTS Contents Page MISSION STATEMENT... 1 GOALS INTRODUCTION CONTEXT POPULATION GROWTH PUBLIC INVOLVEMENT MUNICIPAL VISION PLAN PURPOSE PLAN STRUCTURE PLAN PHILOSOPHY PLAN GOALS LOCAL PLANS AND THE PLANNING PROCESS LOCAL PLANS THE PLANNING PROCESS PUBLIC PARTICIPATION IN THE PLANNING PROCESS LAND USE STRATEGY AGRICULTURE RESIDENTIAL BUSINESS DEVELOPMENT DIVERSIFICATION BUSINESS DEVELOPMENT PROPOSALS HOME BASED BUSINESS BUSINESS PARKS NATURAL RESOURCE EXTRACTION AND DEVELOPMENT OUTDOOR STORAGE HAMLETS NATURAL ENVIRONMENT ENVIRONMENTAL IMPACT ASSESSMENT GEOTECHNICAL CONSIDERATIONS ARCHAEOLOGICAL AND HISTORICAL CONDITIONS ADDITIONAL CONSIDERATIONS SHEPARD SLOUGH COMPLEX INFRASTRUCTURE ALL INFRASTRUCTURE ROAD SYSTEMS AIRPORTS RAILWAYS... 39

5 9.5 WATER, SEWER, AND STORMWATER SERVICING SOLID WASTE DISPOSAL PROTECTIVE SERVICES OPEN SPACE AND RECREATION MUNICIPAL, SCHOOL AND ENVIRONMENTAL RESERVE RECREATION SCHOOLS TRAILS - REGIONAL AND LOCAL INTERMUNICIPAL COOPERATION INTERMUNICIPAL COMMITTEES INTERMUNICIPAL DEVELOPMENT PLANS ANNEXATION IMPLEMENTATION, REVIEW AND AMENDMENT AREA STRUCTURE PLAN AND HAMLET PLAN PREPARATION DEFINITIONS Contents Page FIGURE 1: LOCATION MAP... 2 FIGURE 2: MUNICIPAL MAP... 3 FIGURE 3: THE PLANNING PROCESS FIGURE 4: AREA STRUCTURE PLAN AREAS FIGURE 5: HAMLETS FIGURE 6: SHEPARD SLOUGH COMPLEX FIGURE 7: ROAD HIERARCHY APPENDICES... 53

6 MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 MISSION STATEMENT AND STATEMENT OF GOALS The Municipal District of Rocky View s Mission Statement and Goals was adopted by Council in October of 1988 and was reviewed in October of 1997 and represents a commitment by the Council to the Municipal residents. Council considers the Mission Statement and Goals to be as pertinent today as they were in 1988 when originally adopted and they form the basis on which other philosophies of the Municipality are built. The Mission Statement and Goals therefore played an important part in establishing the tone and direction of the Municipal Development Plan s Philosophy and Goals. MISSION STATEMENT The Municipal District of Rocky View No. 44 is dedicated to provide the best quality municipal services to benefit all Municipal residents, property owners and corporate citizens. GOALS 1. Council shall develop policies as required and revise current policies to ensure good government in the Municipality. 2. The Municipality shall facilitate human settlement patterns as need for that settlement occurs, but shall take into account the need to preserve agricultural lands. 3. The Municipality shall develop and maintain a transportation system which efficiently serves the people within the Municipality. 4. The Municipality shall employ, train and retain competent staff who will provide the highest level of service. 5. The Municipality shall encourage and promote the development of an acceptable level of rural utility services. 6. The Municipality shall encourage the planning and development of appropriate economic development initiatives in the Municipality and shall take into account the need to utilize natural resources. 7. The Municipality shall control, administer, and dispose of public lands in a manner most beneficial to the municipal residents, property owners and corporate citizens. Municipal Development Plan Page 1

7 Figure 1: Location Map EDMONTON CALGARY MUNICIPAL DISTRICT OF ROCKY VIEW No.44 LOCATION MAP N January 2003 Municipal Development Plan Page 2

8 Figure 2: Municipal Map Municipal Development Plan Page 3

9 1.0 Introduction 1.1 CONTEXT The Municipal District of Rocky View No. 44 encompasses approximately a million acres of land containing many diverse land uses. This diversity can be attributed to the Municipality s geographic location and its proximity to the City of Calgary. The Municipality is located in a transition zone between the prairies and the Rocky Mountains resulting in a wide range of agricultural and resource extractive activities. Favourable soils for crop and forage production, good rangelands and abundant oil and gas reserves have drawn people to the area leading to an extensive settlement pattern. In concert with the growth opportunities in the agricultural and energy sectors, growth of the urban centers in the region has had a significant impact on the Municipality. In particular, the growth of the City of Calgary has influenced the intensity of residential development in Rocky View, creating the need for a more comprehensive approach to planning at the local level. 1.2 POPULATION GROWTH During the past 15 years, the population of the Municipality has increased from 17,362 persons in 1981, to a total of 23,326 in 1996, which is a 34% increase. The nature of the Provincial economy, local job opportunities and the projected growth of the City of Calgary contribute to anticipated growth in Rocky View and increasing development pressures. 1.3 PUBLIC INVOLVEMENT In response to development demands placed upon the Municipality, and its continued attractiveness for growth, the Council of the Municipal District of Rocky View No. 44 is committed to managing growth in a responsible, effective and economic manner. Sound land use planning is key to this commitment and the adoption of a Municipal Development Plan, in conformance with the requirements of the Municipal Government Act, is central to creating the necessary foundation upon which a strong future for the Municipality can be built. To undertake this important task, a Municipal Development Plan and Land Use Bylaw Steering Committee was established to provide input during plan preparation. The Committee, which was comprised of three (3) Councillors, and two (2) members Municipal Development Plan Page 4

10 of the public, was charged with ensuring that the Plan addressed the public s views on the planning issues. With public participation in the preparation of the Municipal Development Plan as a key objective of the Municipality, four (4) open houses were held throughout the Municipality during the month of June These open houses afforded residents, Steering Committee members, Council and Staff the opportunity to discuss future land use and development in the Municipal District. The following is a summary of the public input collected during the open houses. a) The very thing that makes Rocky View attractive to residents - its rural setting, natural beauty, farmland and close proximity to the City of Calgary - can also be the source of its problems as more and more people are attracted to living in the area. The demand for residential development competes with the desire to maintain a rural setting and protect agricultural lands. b) What emerges is a group of residents who value their Municipality s uniqueness, honour its farming roots and express a strong desire to maintain a good quality of life. These residents are concerned about the impacts of development on water resources, the environment, preservation of wildlife habitat, and the disappearance of the family farm. c) At the same time, residents recognized that growth is a fact of life. While being concerned about the growth of residential development, residents expressed a strong desire for future planning that eliminates, as much as possible, ambiguity in rezoning land or approving subdivisions. d) There is a desire for clear policies that are adhered to. With a range of public issues identified, a Draft Municipal Development Plan was prepared. In June of 1997, an additional six (6) open houses were held throughout the Municipality providing the opportunity for public comment on the Draft Municipal Development Plan. Comments received were as follows: Municipal Development Plan Page 5

11 a) Protect unsubdivided areas of Rocky View to maintain their potential for agricultural land use. b) Direct new residential development to be concentrated in areas where subdivision has previously occurred. c) Provide for detailed planning to take place in localized areas where development pressure is anticipated to be the most intense. Following consideration of this input, the Municipal Development Plan was prepared. Through the work of the Steering Committee and the implementation of the public participation program, it is the Municipality s belief that the Plan reflects public input. This input formed the basis upon which the Plan s Vision Statement and its overall Philosophy and Goals were developed to guide the Municipality in it s land use planning. 1.4 MUNICIPAL VISION That the Municipality continues to be a major agricultural force in the region. And, although certain sectors of the Municipality have evolved from agriculturally - based communities to predominately country residential - based neighborhoods, further such erosion of the agricultural landbase is not desirable. The Municipal District of Rocky View seeks to be a fiscally balanced rural Municipality that also considers the importance of transportation and other infrastructure servicing, environmental, and quality of life issues in its decision-making. 1.5 PLAN PURPOSE In September of 1995, the Provincial Government repealed the Planning Act and inserted the relevant planning legislation into the Municipal Government Act. In this process, the Province renamed General Municipal Plans to Municipal Development Plans and changed the scope of the documents from regulatory to philosophical in nature. Section 707 of the Municipal Government Act requires that a Municipality amend its General Municipal Plan before September 1, 1998 to ensure that the matters referred to in Section 632 of the Act are provided for. It is on that basis therefore, that the Municipality undertook to review its General Municipal Plan. Municipal Development Plan Page 6

12 In accordance with the Municipal Government Act, Statutes of Alberta, 1994, Section 632 as amended, a Council of a Municipality having a population of 3,500 or more must, by bylaw, adopt a Municipal Development Plan for the Municipality. The Municipal Development Plan s philosophy, land use strategy and planning policies provide a means for the Municipality to shape its future and improve the quality of life for Municipal residents while optimizing opportunities. 1.6 PLAN STRUCTURE The Municipal Development Plan expresses the Municipality s vision for the future and describes the means by which the vision will be realized. In accordance with Section 632 of the Municipal Government Act this Plan describes the Municipal philosophy regarding the use of land for agriculture, residential, business, resource or other purposes. It provides direction regarding the Provincial/Municipal transportation system and the provision of services to residents. Policy respecting open space, recreation, the natural environment and non-renewable resources are also included. The Municipal Development Plan provides for the preparation of a series of more detailed statutory planning documents to guide growth in those areas of the Municipality experiencing development pressures. The Plan also provides a Land Use Strategy for other areas of the Municipality. 1.7 PLAN PHILOSOPHY The Municipality believes that land within its jurisdiction is a valuable resource, which must be managed and protected through sound land use planning. The Municipal Development Plan is designed pursuant to Section 617 of the Municipal Government Act, which states: The purpose of this Part and the regulations and bylaws under this Part is to provide means whereby plans and related matters may be prepared and adopted: to achieve the orderly, economical and beneficial development, use of land and patterns of human settlement, and to maintain and improve the quality of the physical environment within which patterns of human settlement are situated in Alberta, without infringing on the rights of individuals for any public interest except to the extent that is necessary for the overall greater public interest. Municipal Development Plan Page 7

13 Through this commitment the Municipality strives to be a vibrant and desirable community in which to live and conduct business. This Plan is designed to assist decision-makers in evaluating the long-term effect of decisions made today regarding land use planning and supports and encourages decision-making that anticipates future consequences. Agriculture and related service industries are the primary economic forces in the Municipality. This Plan envisions and encourages a strong, viable agricultural industry, protected from incompatible or competing land uses. The Municipality believes there are opportunities and appropriate areas within the M.D. for business development. The diversification of the economic base is important to its economic well-being. Council is therefore committed to promoting and facilitating business opportunities that enhance and strengthen the economy of the Municipality. Thus, business development will be encouraged to locate in areas where the proposed business is complementary to surrounding land uses. The MD of Rocky View is also a very desirable place to live, providing alternative residential lifestyles to those typically found in urban centers. Varied landscapes, mountain views, and efficient transportation networks to nearby employment have resulted in certain areas of the Municipality emerging as the areas of choice for country residential living. Residential land use, in keeping with the rural character of the M.D., may continue to be supported in areas of the Municipality where residential development is already concentrated and the land base has been fragmented. More urban types of residential development will be directed to locate in hamlets. Protection of the natural environment, maintenance and improvement of the transportation network and other infrastructure contribute to a high standard of living for Municipal residents. The Municipality therefore encourages the efficient and economic provision of appropriate hard and soft services. In this respect, Council adheres to the principle of user pay Municipal Development Plan Page 8

14 1.8 PLAN GOALS The following statements provide the focus for the Municipal Development Plan and it s policies as they relate to development of the Municipality. The goals are not ranked by priority but collectively represent the future aspirations of the Municipality and build on the Mission Statement and Goals. They are also based on public comment and opinion received from M.D. residents while preparing the Plan. The main goals of the Plan are as follows: To accommodate growth and change in the Municipality in accordance with sound land use planning. To preserve the agricultural land base of the Municipality. To facilitate and enhance agriculture and agricultural related industries in the Municipality. To facilitate residential developments which create safe and livable environments. To encourage and facilitate appropriately-located business development, which contributes to the economy of the Municipality. To encourage and facilitate the development, maintenance and expansion of a sound and economical transportation and utility infrastructure. To support the availability of affordable and effective community services in order to maintain and improve quality of life. To facilitate appropriately located institutional developments which serve Municipal residents and enhance their quality of life. To facilitate the growth of certain hamlets in accordance with sound land use planning. To facilitate the preservation and/or conservation of significant and/or sensitive natural environments. To facilitate communication and cooperation between the Municipality and neighbouring municipalities. Municipal Development Plan Page 9

15 2.0 Local Plans and the Planning Process 2.1 LOCAL PLANS Future development will be controlled by Council through the consideration of land use redesignation and subdivision applications made by individual landowners. However, these redesignation and subdivision applications need to be reviewed in the context of existing land use plans (i.e. Area Structure Plans or Area Redevelopment or Hamlet Plans) developed with public input by the Municipal District of Rocky View; plans which have been prepared to protect the greater public interest. There is a need to plan for new development based on the interrelationships with existing developments. In other words, How does this new proposal fit with the local area s land use strategy? To allow Administration and Council to successfully answer this question, the following planning documents and processes will be utilized to guide future land use and development decisions in Rocky View. A. The Municipal Development Plan Addresses the future land use within the Municipality, through a broad statement of general objectives, which are long range in nature. B. The Land Use By-law Implements the Municipal Development Plan and deals with current conditions regulating and controlling the use and development of land and buildings; and Contains Land Use Districts and maps, which establish the uses that may be undertaken on each parcel of land and the standards that must be followed in undertaking the uses and development. C. The Area Structure Plan or Area Redevelopment Plan or Hamlet Plan Provides a more detailed framework than the Municipal Development Plan for subsequent subdivision, development or redevelopment of an area of land. D. The Conceptual Scheme (Adopted by By-law) Relates the proposal to future subdivision and development of adjacent areas. E. Land Use Redesignation Changes the designation of land from one Land Use District to another to reflect a change in approved uses for a site. Municipal Development Plan Page 10

16 F. Subdivision Divides land into further developable lots which are smaller than the parent parcel. 2.2 THE PLANNING PROCESS The documents and processes previously described are part of a public planning process, which is illustrated as follows: Figure 3: The Planning Process Municipal Development Plan Land Use By-law or Area Structure Plan/Area Redevelopment Plan Hamlet Plan Conceptual Scheme Conceptual Scheme, to form part of Area Structure Plan or Area Redevelopment Plan Land Use Redesignation Land Use Redesignation Subdivision Subdivision Note: Intermunicipal Development Plans are developed and adopted in conjunction with adjacent municipalities as part of the planning process and contains policies which coordinate land use and development for lands which are of common interest to adjacent municipalities. Municipal Development Plan Page 11

17 Two separate processes are described in the Planning Process. Not all the areas of Rocky View will be subject to the same development pressure or the same conflict among competing land uses. A program of Area Structure Plans or Area Redevelopment Plans will be initiated, as time permits, and directed by the Municipal District of Rocky View, as the primary planning tools for managing, in a more detailed fashion, land use for those areas which are anticipated to be or presently are subject to the majority of development pressure. This is shown on the left side of the Planning Process. Current areas experiencing the majority of development pressure are North and South Springbank, Balzac, Langdon, Shepard, West Bragg Creek, Bearspaw (Area Structure Plan Review), and Cochrane Lake as shown on Figure 4, Suggested and Approved Area Structure Plans. These areas do not represent a complete list, and should be reviewed on a regular basis by Council, based upon subdivision and redesignation activity. Long term planning for these areas will follow a process as prescribed by Council and should include considerable public involvement through open houses and/or volunteer Steering Committees as may be appropriate to the circumstances. Areas which do not require Area Structure Plans or Area Redevelopment Plans may require a Conceptual Scheme to be prepared and processed concurrently with land use redesignation and subdivision applications. This is shown on the right side of the Planning Process. 2.3 PUBLIC PARTICIPATION IN THE PLANNING PROCESS Prior to the adoption of any statutory plan; a bylaw (or amendment); or decision on a subdivision application, the Planning Process provides opportunities for person(s) to make suggestions and representations to Council. The Municipal Government Act requires that a Council must hold a public hearing before giving second reading to any bylaw adopting a proposed statutory plan, land use bylaw or amendment to any of these. This is the public s opportunity to express its views to Council, prior to a decision being made on the bylaw. The Council, in turn, takes into consideration the suggestions and representations made to it when considering adoption of the proposed plan, bylaw or amendment. It may then either adopt the bylaw as presented; make changes to the bylaw; or, rescind the bylaw. In rendering a decision on a subdivision application, Council as Subdivision Authority, considers the views of adjacent landowners. Municipal Development Plan Page 12

18 Figure 4: Area Structure Plan Areas MUNICIPAL DISTRICT OF ROCKY VIEW No.44 SUGGESTED AND APPROVED AREA STRUCTURE PLANS N AREA STRUCTURE PLANS (EXISTING OR BEING PREPARED) AREAS UNDER DEVELOPMENT PRESSURE January 2003 Municipal Development Plan Page 13

19 3.0 Land Use Strategy The Land Use Strategy provides a guide for growth and change in the Municipality in accordance with sound land use planning principles. It does so for those regions of the Municipality where more detailed planning has not occurred. Where additional planning detail is required, conceptual schemes, hamlet plans and/or area structure plans may be pursued. Therefore, except where an area structure plan, an area redevelopment plan or a conceptual scheme has been approved for lands in the Municipal District of Rocky View, the following Land Use Strategy will be used to provide general direction regarding future land use and development. 1) Predominantly Unsubdivided Areas with an Agricultural Land Use Designation hold the lowest potential for future non-agricultural development. In order to prevent fragmentation of the agricultural land base, and preserve the viability of the agricultural industry, non-agricultural land uses, excepting natural resource based developments and, at the discretion of Council, first-parcel-out subdivisions, will be discouraged in these areas. 2) Isolated Areas of Designated and Subdivided Lands hold a moderate potential for non-agricultural subdivision and development through infilling in keeping with the nature of the immediate area. Expansion of these areas onto adjacent unsubdivided land will not be encouraged. 3) Concentrated Areas of Designated and Subdivided Lands hold the highest potential for non-agricultural subdivision and development due to transportation and servicing efficiencies that can be achieved. In addition, opportunities for maximizing use of the land base through in-filling are available. Moreover expansion onto adjacent lands where agricultural practices are impacted by such non-agricultural uses may be considered. In each of these cases Council may still require the developer to prepare an area structure plan, area redevelopment plan or conceptual scheme, to be adopted by bylaw, to support an application for non-agricultural subdivision or development. Municipal Development Plan Page 14

20 4.0 Agriculture Existing agricultural land uses and new and emerging agricultural endeavours should be recognized and protected. The use of the agricultural land base for agricultural purposes should be maximized and it s subdivision and use for non-agricultural purposes should be minimized. GOAL: To preserve the agricultural land base and protect the viability of the agricultural industry in the Municipality from incompatible and non-agricultural land uses. POLICIES: 4.1 Preserve existing agricultural land. 4.2 Discourage intrusive and/or incompatible land uses in predominantly agricultural areas of the Municipality in order to allow agricultural activity to continue with a minimum of land use conflict. 4.3 The quarter section as the basic agricultural land unit is encouraged, and subdivision of this land unit will be discouraged, except where supported by this Plan. 4.4 Facilitate growth opportunities for agricultural uses in the Municipality by encouraging the development of a wide range of agricultural land uses, uses which service or are related to the agricultural industry, and are compatible with the character of the area. 4.5 New or Expanded Agricultural Operations The following policies aim to provide for a variety of parcel sizes to accommodate a wide range of agricultural pursuits by acknowledging that emerging trends in agricultural uses may be successfully developed on smaller parcels of land Redesignation and subdivision for agricultural purposes may be considered if the intent of the proposal is to create a new or expanded agricultural operation. New agricultural operations are Municipal Development Plan Page 15

21 distinctly different from the existing use of the land and/or buildings. Expanded agricultural operations are those in which the intensity of an existing operation is enhanced. Proposals will be assessed according to information provided by the Applicant, and will include the following criteria: a. Planning rationale exclusive of estate planning or personal financial considerations that adequately justifies why the existing land use and parcel area requires either land use redesignation or subdivision in order to accommodate the new or expanded agricultural operation; b. Assessment of the land, demonstrating it is capable of supporting the proposed new or expanded agricultural operation including: i) The proposed land use and subdivision design relative to the attributes of the proposed new or expanded agricultural operation; ii) iii) The land base required to support the proposed agricultural operation relative to the area proposed for redesignation and subdivision; The suitability of the sites soil characteristics, topography, and surface and groundwater hydrology with respect to the proposed new or expanded agricultural operation; c. The impact that the proposed new or expanded agricultural operation may have on the parent parcel and adjacent lands, and the compatibility of the operation with adjacent lands. d. The suitability and adequacy of the supporting municipal infrastructure for the proposal and the expected impacts on the municipal infrastructure resulting from the proposed new or expanded agricultural operation; Municipal Development Plan Page 16

22 e. The suitability and adequacy of supporting on-site and/or communal infrastructure for the proposed new or expanded agricultural operation including, but not limited to, water and/or irrigation infrastructure, private access, and sewage/manure management infrastructure; and f. The impact the proposal may have on the environment including air quality, surface and ground water hydrology in accordance with Municipal and Provincial policies. 4.6 The approval of local livestock operation and their proximity to residences will be evaluated in accordance with the provisions of the Land Use Bylaw and the following criteria, prior to any approval or permit being granted: a) The location and design of the proposed facility and impact on adjacent properties; b) The proposed manure management plan; c) The possible environmental impact of the proposed facility on: i) air quality; ii) surface and groundwater hydrology; a) The impact the proposed facility may have on the existing road network; and; b) Any comments received from adjacent municipalities or referral agencies. 4.7 Where a local livestock operation is proposed in proximity to existing residences, the proposed facility should be sited in accordance with the calculation of a separation distance utilizing the Minimum Distance Separation (MDS). 4.8 The Municipality may require studies, reports and/or tests to be submitted respecting the above, in support of any application for a local livestock operation. Municipal Development Plan Page 17

23 4.9 Minimum Distance Separation (MDS) Formula - The calculation identified in the Standards & Administration Regulations of the Agricultural Operation Practices Act (AOPA)" which defines the setbacks of various livestock operations from residential development Where the Municipality considers a proposed horticultural development to have the potential for conflict with adjacent land uses due to traffic, odour, waste management practices or other characteristics specific to the horticultural development, the Municipality may require a minimum separation distance The creation of a Farmstead requires the redesignation of the subject lands to the Farmstead District as contained in the Land Use By-law and will be reviewed in accordance with the following criteria: a) demonstration that the Farmstead satisfies the definition of a Farmstead as contained in this Plan, when the Farmstead is part of an active farming operation; b) the proposed parcel is a single parcel created from a previously unsubdivided quarter section; c) the proposed parcel is limited in size to the original farmstead as defined by physical site characteristics, vegetation and shelter belts and such other land as required to provide physical access to the site to a minimum of 1.6 hectares (4 acres); d) access to the proposed parcel is available by direct access or easement to a developed public roadway acceptable to the Municipality; and e) the balance of the quarter section is maintained as an agricultural land use The creation of a single residential parcel from a previously unsubdivided quarter section (first parcel out subdivision) requires the redesignation of the subject lands to a residential Land Use District and shall be reviewed in accordance with the criteria of the Residential Policies (Section 5.0) Municipal Development Plan Page 18

24 4.13 The Municipality s recommendations on proposed confined feeding operation siting will be evaluated on the following criteria: a) Their proximity to existing residential development, or residential land uses, b) Their size and proximity to any urban center and statutory planning area which accommodates non-agricultural land uses in the future, whereby i) Registration-sized operations as defined in the Agricultural Operations Practice Act, may be considered, and ii) Approval-sized operations as defined in the Agricultural Operations Practice Act, shall be excluded, a) The location, design, the number of buildings, their size and architecture, and the staging of the proposed facility and it s impact on adjacent properties, including adjacent agricultural operations; b) The inclusion of a nutrient management plan which identifies all manure spreading sites, both owned and leased, and a mechanism to amend those sites overtime with adjacent landowner consultation; c) The environmental impact on: i) Surface and groundwater including availability to adjacent owners and operations, the quality and the quantity; ii) Air quality; f) The inclusion of a decommission and reclamation plan; g) The impact on the existing transportation infrastructure; and the necessary upgrades and/or maintenance considerations through financial arrangements such as hauling agreements, dust control agreements, Transportation Levy, etc An applicant for a proposed confined feeding operation is required to hold an open house for area landowners providing technical information and overview of the project Municipal Development Plan Page 19

25 4.15 The Municipality may require studies, reports and/or tests in support of any application for a confined feeding operation as outlined in # A variance to the Minimum Distance Separation formula (MDS) may be considered for the expansion of an existing confined feeding operation or a local livestock operation, if extenuating circumstances exists, including: a) minimal impact on differing land uses; b) the buffering effect of topography; c) the buffering effect of visual screening; d) the effectiveness of management practices; e) a unique use not covered by the MDS formula; and; f) any other factor that the Municipality deems appropriate Approval-sized Confined Feeding Operations should be excluded from locating within identified Intermunicipal Development Plans/Notification Zones of urban centers, Statutory planning areas, and in proximity to hamlets and residential developments. Consideration should be given to approval-sized Confined Feeding Operations in proximity to adjacent rural Municipalities An approval of a Confined Feeding Operation should include the following management considerations: a) Noise control and mitigation measures; b) Animal health, welfare and disposal management planning; and c) Emergency Response, Disaster and Fire Management Planning Municipal Development Plan Page 20

26 5.0 Residential Over the past several years the Municipality has experienced increasing demands for country residential living. This trend is expected to continue. In addition, some hamlets are also experiencing growth pressures as they offer a unique blend of urban lifestyle in a country setting. The Municipality must therefore continue to effectively manage the location and form of residential growth. Developments that are complementary to the rural character of the Municipality will therefore be encouraged. GOAL: Residential land use should contribute to an orderly settlement pattern. Residential land use should be compatible with the natural environment. Therefore, a variety of residential land uses should be provided that would accommodate a range of lifestyle opportunities for Municipal residents. POLICIES: 5.1 In accordance with the Land Use Strategy proposals for country residential land use and subdivision will primarily be directed to the existing areas of concentrated country residential development where the land base has already been fragmented. All applications for country residential land use and subdivision shall be evaluated in accordance with the following criteria: 1. the consistency of the proposed residential development with any area structure plan or conceptual scheme that has been adopted; 2. the capability of the land to support the proposed residential development including the identification and evaluation of any on-site hazards, geotechnical, archaeological and/or cultural features; 3. the impact the proposed residential development will have on adjacent lands, the natural environment, the local road system and its compatibility with the surrounding area and the rural character of the Municipality; Municipal Development Plan Page 21

27 4. the availability and adequacy of potable water supply and sewage disposal systems necessary to support the proposed residential development and the management of stormwater; 5. comprehensive subdivision design principles that result in innovative communities, efficient use of the land base, municipal infrastructure, public and private utility systems and on-site development opportunities. 5.2 FIRST PARCEL OUT SUBDIVISIONS Notwithstanding any other policy of this Municipal Development Plan, firstparcel-out subdivision applications may be approved, at the discretion of Council, in accordance with Sections 5.1 and As a prerequisite for first-parcel-out subdivision approval, the proposed parcel shall: a) constitute a single parcel created from a previously unsubdivided quarter section, as defined by Policy 14.10; b) be designated as a residential land use district, and comply with the provisions of the Land Use Bylaw First-parcel-out subdivisions shall: a) be located at least 300 metres (1000 feet) from the right-of-way of a highway, or as otherwise specified by the Province or Municipality; b) have direct access to a developed public roadway; c) be four (4) acres in size, unless a larger parcel is required in order to accommodate: i. a small agricultural use, in accordance with the Land Use Bylaw, or ii. iii. an existing residential site that does not qualify for Farmstead status, or a fragmented or isolated portion of land; however, no first-parcel-out subdivision shall exceed 19.9 acres in size. Municipal Development Plan Page 22

28 5.2.3 First-parcel-out subdivisions shall be optimally located on the parent quarter section by minimizing, to the greatest extent possible: a) potential conflict with adjacent agricultural operations; b) the loss and fragmentation of agricultural land; c) disturbance to environmentally sensitive features, such as wetlands, natural drainage courses and tree stands; d) the need for new public infrastructure In order to meet the objectives identified in Policy 5.2.3, the proposed first-parcel-out subdivision should be located, where possible, adjacent, or in close proximity, to an existing residential site in order to minimize cumulative impact on agricultural operations and to take maximum advantage of existing public infrastructure, unless an alternate site is deemed to be more practical Further subdivision of first-parcel-out sites shall not be allowed, unless authorized by Area Structure Plan or Conceptual Scheme policy, and further, that the balance of the lands be maintained in agricultural land use. 5.3 Proposals for residential expansion in hamlets will be considered in accordance with Section 7.2 and conformity with other provisions of this Plan. 5.4 Area structure plans and area redevelopment plans may be initiated by Council to provide a framework with which to guide future growth and change in areas of the Municipality where residential development is the emerging dominant land use. And where such areas are experiencing ongoing growth pressures and therefore, require a more localized and integrated approach to land use planning and development. 5.5 Council may require a landowner to prepare a conceptual scheme in support of a residential redesignation or subdivision application and to encourage collaboration between landowners to achieve an economical and orderly settlement pattern. Municipal Development Plan Page 23

29 5.6 Any residential land uses or development should not be located within the separation distances calculated utilizing the Minimum Distance Separation (MDS) formula for a confined feeding operation or a local livestock operation. Impacts should also be considered to CFO s and LLO s in the general vicinity. 5.7 The density of any residential development shall be directly related to the following: a) the carrying capacity of the lands proposed for development having regard to site conditions, environmental considerations and impacts, and other factors that may have been considered in the design of the proposal; b) the suitability and availability of municipal and private services and infrastructure necessary to support the proposal; c) the compatibility of the proposed density with that of the surrounding area and the rural character of the Municipality and consistency with the provisions of any area structure plan containing the subject lands. 5.8 In support of diverse communities, a variety of housing forms are encouraged to provide a range of affordability and lifestyle opportunities for Municipal residents. 5.9 Accessory Dwelling Units are dwelling units that are located on the same parcel as a principal dwelling, and are considered accessory and subordinate to that principal dwelling. They may share servicing arrangements with the principal dwelling unit, such as road approaches, water and wastewater services, and should be designed to reflect similar architectural character of the principal dwelling Accessory Dwelling Units may increase the opportunity for affordable forms of housing, financial support for the landowner, and supportive living arrangements and lifestyle choices for a variety of community members while at the same time promoting the efficient use of existing and future infrastructure. Municipal Development Plan Page 24

30 6.0 Business Development Diversification of business development is important to the economy of the Municipality. Opportunities for the growth of a variety of commercial and industrial land uses should be provided. Commercial and industrial uses should be facilitated which are of a scale and character which integrate into the existing land use pattern. Highway Commercial is a unique type of business development which requires special consideration to ensure transportation corridors remain safe and efficient plus considering the appearance of the rural countryside. GOAL: To encourage and facilitate business opportunities which enhance and strengthen the economy of the Municipality. POLICIES: 6.1 DIVERSIFICATION The Municipality supports the development of its commercial and industrial land base and will continue to identify and facilitate commercial and industrial development opportunities in the Municipality through: a) continued economic development initiatives; b) cooperative ventures with neighbouring urban and rural municipalities that strengthen the regional economy; and c) undertaking a locational study to identify appropriate areas for business development, as time permits. 6.2 BUSINESS DEVELOPMENT PROPOSALS Proposals for business developments and related subdivision will be evaluated in accordance with the following criteria: a) the type, scale, size and site design of the proposed business; b) the potential impact on municipal services and/or private utility services; Municipal Development Plan Page 25

31 c) the compatibility of the proposed business with adjacent land uses and the impacts that may result from such an introduction into the area; d) the availability and adequacy of municipal services and/or private utilities necessary to support the proposed business ; e) the availability of access to the subject lands and the adequacy of the Municipal road system to accommodate traffic generated from the proposed business; f) the trade area and economic benefits to the community that may be realized through the introduction of the proposed business; g) the potential impacts the proposed business may have on the natural environment; h) the provisions of any area structure plan and the Land Use Bylaw that may have been adopted for the area containing the subject lands; i) the nature of any on-site or off-site engineering works that may be required to support the proposed business; j) any on-site or off-site natural or man-made hazards that may impact the proposed business; k) the potential for the area to support natural resource utilization; l) any other matters the Municipality deems appropriate The Municipality may require studies, reports and tests to be submitted respecting the above, in support of any application for business development. Municipal Development Plan Page 26

32 6.3 HOME BASED BUSINESS 6.4 BUSINESS PARKS Uses that are accessory to a residential use (Home Based Business) are considered appropriate uses in the Municipality provided they are developed in accordance with this Plan, any applicable area structure plan or area redevelopment plan adopted for an area of the Municipality and the provisions of the Land Use By-law Businesses, which are not natural resource dependent or hazardous, are encouraged to locate in hamlets and business parks wherever possible in the Municipality Proposed business parks should locate in proximity to primary or secondary highways, or in hamlets, near rail serviced areas having due regard for the safe operation of these transportation routes Business parks should be located in such a manner as to minimize conflict between the range of uses planned for the business park and adjacent land uses The location of business parks and the design of the lots should be such that each lot has a suitable building site and direct access to the municipal road network When considering proposals for business parks the following shall be reviewed by the Municipality: a) safe access and egress from highways or roads shall be provided and the visual appearance shall not impair the safety and function of the highway or roads; b) demonstration to the satisfaction of the Municipality, the existence of a proven water supply and waste disposal capacity adequate to meet Provincial regulations; c) property landscaping, berming and distance separation from land uses shall be accounted for to minimize negative visual impact and provide sufficient noise abatement measures; d) the development of servicing requirements (i.e. roads, domestic water supply, sewage and fire protection) of the Municipality; e) the sensitivity of the surrounding land uses to such a proposal; Municipal Development Plan Page 27

33 f) the need for an area structure plan; and g) the need for an emergency response plan developed in conjunction with the Municipality s Protective Services Council may require a landowner to prepare a conceptual scheme in support of a business redesignation or subdivision application. 6.5 NATURAL RESOURCE EXTRACTION AND DEVELOPMENT The Municipality should consider known potential natural resources when evaluating proposals for redesignation, subdivision and development The Municipality should refer proposals for subdivision and development to the appropriate Provincial and/or referral agencies to assist in identifying potential natural resources, and/or required setbacks Area structure plans should identify areas of known potential natural resources and establish land use planning strategies for the subdivision and development of lands containing or in proximity to these resources When considering a proposal for natural resource use, the Municipality shall review the: a) surrounding land uses and the possible impact which may result from the extraction of a natural resource; b) balance of social and economic benefits to the community resulting from the proposed development; c) accessibility of the subject lands and the adequacy of the Municipal road system to accommodate traffic generated considering the safety of the road system; d) reclamation plan for the lands; e) comments received from Provincial and/or referral agencies; f) management plan for the handling and storage of hazardous or other waste materials, to be generated or stored on site; g) stormwater management; and h) additional information the Municipality may deem appropriate. Municipal Development Plan Page 28

34 6.6 OUTDOOR STORAGE When considering the location of proposals for outdoor storage as a primary use, the following shall be reviewed to minimize the need for costly road infrastructure, reduce the visual impact and help reduce the extent of intrusion and conflict with adjacent land uses: a) Direct access to a road; b) Public roads should be paved up to the property line where access to the outdoor storage site is gained; c) An analysis of the public road network to ensure appropriate intersection improvements and road upgrade requirements that meet or exceed Municipal standards; d) Every attempt should be made to reduce the visual impact of outdoor storage on highways; e) safe access and egress from highways or roads should be provided and the visual appearance should not impair the safety and function of the highway or roads; f) Be located in such a way as to minimize conflicts with adjacent or proximal land uses. Consideration will be given to traffic, dust and visual impact; and, g) Be located to utilize any existing landscaping or other desirable elements for screening When designing a site for outdoor storage, the following shall be considered in order to minimize the visual impact on adjacent uses and reduce possible environmental impacts: a) Appropriate screening elements around the perimeter of the storage area including landscaping, fencing, buildings, or similar materials and/or structures; b) Utilize existing landscaping or other screening elements where possible; and, c) A management plan for the handling and storage of waste materials including leakage from vehicles or other items. Municipal Development Plan Page 29