3.0 Statutory Plan and Policy Context
Four documents provide important direction and policy context for the Sturgeon Valley Area Structure Plan: Sturgeon Countyís Municipal Development Plan, Land Use Bylaw 819/96 as amended, and Open Space Plan, and the Municipal Government Board Order #77/98. These are discussed in detail below.
3.1 Sturgeon County Municipal Development Plan
The Sturgeon County Municipal Development Plan (Bylaw 818/96 as amended) identifies a mix of land uses for the ASP area, including agriculture, country residential, and environmental protection. The environmental protection areas are generally located along the Sturgeon River. Lands within the ASP area that are within 1Ĺ miles of the boundary of the Cities of Edmonton and St. Albert fall within the Intermunicipal Fringe area which requires joint review for the approval of any development activities.
The Sturgeon County Municipal Development Plan is the overall statutory plan for the County, and includes general objectives and policy direction for the preparation of an area structure plan for the Sturgeon Valley. One of its over-riding goals is the need to establish compatible land use patterns which make efficient use of land, infrastructure and services and contribute to the overall well-being and viability of the community. This goal is also embodied in the policies of the new planning legislation. In addition to this goal, the Municipal Development Plan includes nine policy statements which provide a framework for future growth and development within the Sturgeon Valley. The policies are as follows:
3.2 Sturgeon County Land Use Bylaw
Land uses within the municipality are regulated under the provisions of the Sturgeon County Land Use Bylaw 819/96 as amended. The Bylaw has recently undergone a review and revision, with amendments to ensure that the districting provisions are in accord with and responsive to current conditions and circumstances. Generally, the land use districts as established through the Land Use Bylaw correspond very closely with the existing land use pattern within the Sturgeon Valley ASP Area. The existing districting of lands within the Sturgeon Valley area are illustrated in Map 4.2 Ė Existing Land Use.
In the Sturgeon County Land Use Bylaw, the ASP area is comprised of lands designated as Agricultural, Agricultural Ė Nature Conservation, Country Residential 1 and 2, and Intermunicipal Fringe. Generally those lands located immediately adjacent to the Sturgeon River are designated as Agricultural Ė Nature Conservation, with pockets of country residential just outside these areas and the remaining lands being designated as agricultural.
The appropriate redistricting of the land within the ASP area will occur subsequent to approval of the Area Structure Plan by bylaw to ensure consistency between the ASP and Land Use Bylaw.
3.3 Municipal Government Board Order #77/98
The Municipal Government Board Order sets out the following: those matters appealed by the municipalities of Edmonton, St. Albert and Morinville; key jurisdictional issues; and the Board decision relating to the ASP area.
3.3.1 Concerns About Potential Detriment
The Municipal Government Board Order identifies Edmontonís and St. Albertís concerns regarding the potential detrimental effects of Bylaws 818/96 and 819/96 on their municipalities. Some of the concerns raised through the appeal hearings are applicable and should be considered in conjunction with the future planning for the Sturgeon Valley Area Structure Plan. In this section, the relevant concerns about potential detriment are described by municipality as follows:
Edmonton submitted that the following provisions could potentially have a detrimental effect::
(a) Scope of Intermunicipal Planning:
(b) Cumulative Impacts of Country Residential Land Use:
(c) Protecting the Integrity of Major Transportation Corridors and Facilities:
(d) Location of Industrial and Commercial Land Uses:
(e) Environmental Protection:
St. Albert submitted that the following provisions could potentially have a detrimental effect:
(a) Scope of Intermunicipal Planning:
(b) Impacts of Country Residential Land Use:
(c) Impacts of Industrial Development:
(d) Impacts of Commercial Land Uses:
(e) Impact on Transportation:
(f) Economic Impacts:
In making its decision, the Board found detriment in that adequate provision was not made in the Municipal Development Plan for consultation with neighbouring municipalities. The remedies put forward by the Board are as follows:
In addition to requiring the Area Structure Plan
to be prepared, the Board ordered Sturgeon County to amend its Land Use Bylaw
by adding Intermunicipal Fringe Districts (A) and (B). These districts cover
the southern portions of the ASP area, as shown in Map 4.2 - Existing Land Use,
and differ from the existing Agricultural and Agricultural - Nature Conservation
districts by not permitting certain land uses, such as intensive livestock operations,
that are potentially detrimental to the City of Edmonton and City of St. Albert.
3.4 Municipal Open Space Plan
The Municipal Open Space Plan, approved in September 1992 by County Council, set forth a series of guiding principles and a policy framework to direct future open space development within the County and the Sturgeon Valley. Overall, the Plan directed that land use strategies and development initiatives be considered with an eye to drawing a critical balance between preservation and use. The following statements form the guiding principles for open space development within the Sturgeon Valley:
The guiding principles support recreational use and the preservation of open spaces for: