MUNICIPAL DISTRICT OF OPPORTUNITY NO . 17 BY-LAW NO . 2009-16
Being a by-law to adopt the Red Earth Creek Area Structure Plan
WHEREAS the Municipal Government Act, R .S.A 2000, as amended authorizes a municipality to adopt an Area Structure Plan ; and
WHEREAS a new Area Structure Plan has been prepared for Red Earth Creek; and
NOW THEREFORE the Council of the Municipal District of Opportunity No . 17, Duly Assemble Enacts As Follows:
1 . THAT the Red Earth Creek Area Structure Plan, being Schedule A" attached hereto, is hereby adopted .
2. THAT Bylaw 2003-12, the Bylaw adopting the Red Earth Creek Area Structure Plan of 2003, is hereby repealed .
READ A FIRST TIME this 8 day of Decr)AD .. 20C91
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MANAUE
MANAGER
READ A THIRD TIME AND FINALLY PASE this 24 day of J ri" A.D.,20%/O / - M.D. OF OPPORTUNITY NO. 17 Red Earth Creek AREA STRUCTURE PLAN BYLAW 2009-16
JANUARY, 2010
Municipal District of Opportunity No. 17
Red Earth Creek Area Structure Plan
January 2010
______1 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 TABLE OF CONTENTS 1.0 BACKGROUND...... 1
1.1 THE COMMUNITY ...... 1 1.2 CURRENT STATUTORY PLAN...... 1 2.0 VISION AND OBJECTIVES...... 2
2.1 VISION ...... 2 2.2 PLAN OBJECTIVES ...... 2 2.3 PLANNING PROCESS...... 3 3.0 FUTURE LAND USE PLAN...... 4
3.1 PURPOSE...... 4 3.2 COMPONENTS...... 4 4.0 LAND USE POLICIES...... 5
4.1 GENERAL...... 5 4.1.1 Policies ...... 5 4.2 ENVIRONMENTALLY SENSITIVE LANDS...... 7 4.2.1 Policies ...... 7 4.3 OIL AND GAS ACTIVITY...... 7 4.3.1 Policies ...... 8 4.4 MUNICIPAL INFRASTRUCTURE...... 8 4.4.1 Waterworks System ...... 8 4.4.2 Sanitary Sewer System...... 8 4.4.3 Stormwater Drainage System ...... 8 4.4.4 Solid Waste Disposal System ...... 9 4.4.5 Natural Gas...... 9 4.4.6 Policies ...... 9 4.5 TRANSPORTATION AND ACCESS...... 10 4.5.1 Policies ...... 11 4.6 DEVELOPMENT PHASING...... 11 4.6.1 Policies ...... 12 4.7 COMMUNITY DEVELOPMENT ...... 12 4.7.1 Policies ...... 12 5.0 LAND USE ALLOCATION...... 13
5.1 URBAN RESIDENTIAL POLICY AREA...... 13 5.1.1 Policies ...... 13 5.2 COUNTRY RESIDENTIAL POLICY AREA ...... 14 5.2.1 Policies ...... 14 5.3 OPEN SPACE/RECREATION POLICY AREA...... 15 5.3.1 Policies ...... 16 5.4 INDUSTRIAL POLICY AREA...... 17 5.4.1 Policies ...... 17 5.5 HAMLET CENTRE POLICY AREA...... 18 5.5.1 Policies ...... 18 5.6 COMMERCIAL CENTRE AREA ...... 19 5.6.1 Policies ...... 19
______2 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 5.7 HIGHWAY COMMERCIAL POLICY AREA ...... 20 5.7.1 Policies ...... 20 5.8 UTILITIES POLICY AREA ...... 21 5.9 COMMUNITY/INSTITUTIONAL POLICY AREA ...... 21 5.9.1 Policies ...... 21 5.10 HAMLET RESERVE POLICY AREA...... 22 5.10.1 Policies ...... 22 6.0 IMPLEMENTATION POLICIES...... 23
6.1 INCREASE SIZE OF HAMLET ...... 23 6.1.1 Policies ...... 23 6.2 FUTURE DEVELOPMENT ...... 23 6.2.1 Policies ...... 23 6.3 FUTURE REVIEW AND AMENDMENTS ...... 23 6.3.1 Policies ...... 24 MAP 1: REGIONAL LOCATION MAP ...... 25 MAP 2: ENVIRONMENTAL CONSTRAINTS...... 26 MAP 3: OIL AND GAS ACTIVITY...... 27 MAP 4: FUTURE LAND USE PLAN...... 28 MAP 5: HIGHWAY 88 ANALYSIS MAP ...... 29
______3 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 1.0 BACKGROUND
1.1 The Community
Red Earth Creek is located approximately 150 km north of the Town of Slave Lake and 235 km west of the Hamlet of Wabasca-Desmarais (see Map 1). Red Earth Creek has a population of approximately 390 full-time residents, a figure which fluctuates dramatically due to seasonal and temporary oil and gas workers. One estimate of the shadow population suggests that the temporary worker population of the Red Earth Creek area can be as high as 6,000 people.
The community is administered by the Municipal District of Opportunity No. 17 and is bisected by Highway 88, which runs north-south through the Hamlet. The presence of Highway 88 has created numerous access management issues for the community, and is part of the impetus for the revision of the current Red Earth Creek Area Structure Plan.
Development in Red Earth Creek is constrained by its physical terrain, which – like much of Northern Alberta – is low-lying muskeg that is unsuitable for development. Map 2 shows the physical constraints within the Hamlet.
The oil and gas sector fuels the economy in and around Red Earth Creek, and the Hamlet itself contains a high volume of well sites, oil and gas pipelines and battery sites (see Map 3). Numerous services related to the oil field are located within the Hamlet on the east side of Highway 88, which is currently a mixed commercial, industrial and residential area. The Municipal District is aware that many of the current land uses located on the east side of Highway 88 are incompatible: separating these incompatible land uses and ensuring that adequate buffers exist between them are motivating factors for revising the Hamlet’s existing Area Structure Plan.
An additional impetus for the revision of this Plan is the possibility that Red Earth Creek may be poised for an increase in development pressure if Alberta Transportation builds an east-west highway connecting Fort McMurray with Grande Prairie.
Although there are numerous natural and physical constraints to development in Red Earth Creek, there is potential for residential, recreational, commercial, and industrial development within the Hamlet. Development must be well-planned and carefully assessed in order to ensure that it is well integrated into the Hamlet’s existing social, economic and environmental framework.
1.2 Current Statutory Plan
An Area Structure Plan (ASP) was adopted for the Hamlet in 2003. In 2007 the Municipal Council decided that it was necessary to review and revise the existing ASP to reflect changes in the long term priorities of the community, to incorporate the Hamlet’s Access Management Review into the ASP, and to identify areas for future development.
The Municipal District is aware that development is multi-faceted and encompasses not only physical and environmental aspects, but also social, economic and community dimensions. The Red Earth Creek ASP seeks to harness the ideas and creativity of Council and Hamlet residents, and articulate these ideas as policies for future development. This Plan deals not just with street layouts, housing and infrastructure
______1 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 needs, but seeks to link physical and social development in a way that is easy to read and understand. It is anticipated that this document will serve as a road map, guiding the community to its future destination for many years to come.
2.0 VISION AND OBJECTIVES
2.1 Vision
The Hamlet of Red Earth Creek contains a diverse range of residential housing forms and areas to meet the needs of the current and future community. The community includes sufficient commercial and industrial areas to encourage economic development and provide employment opportunities for residents. The community values environmentally significant areas including Grassy Way Creek, Red Earth Creek and other significant environmental features. By providing opportunities to live, work and play within the Hamlet we will promote a sense of community to attract and retain long-term residents.
2.2 Plan Objectives
The objectives of the Hamlet of Red Earth Creek Area Structure Plan are:
1. To identify a land use and land development concept for the Hamlet of Red Earth Creek that will guide future land development.
2. To identify the most efficient and sustainable use of land for residential, commercial, industrial, and cultural/recreational purposes.
3. To develop priority areas for efficient servicing.
4. To improve the local road network.
5. To ensure all future development is in accordance with municipal and provincial policies and standards.
6. To encourage and attract local economic development in the Hamlet of Red Earth Creek and surrounding area.
7. To identify recreational opportunities that will integrate the local environment and support the needs of residents.
8. To promote multi-modal connectivity within the Hamlet.
9. To develop strategies to protect and enhance environmentally sensitive, historic, and cultural areas.
10. To identify a future transportation plan based on the Highway Access Management Review.
11. To identify a future “hamlet centre” within the Hamlet of Red Earth Creek.
______2 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 12. To ensure that future development within the Hamlet is compatible with existing development and land uses.
13. To promote a range of social housing opportunities which encourage diversity and equity.
14. To ensure that adequate lands for future Residential, Commercial and Industrial development exist within the Hamlet boundaries.
2.3 Planning Process
Beginning in 2008, Municipal Planning Services (Alberta) Ltd. worked in conjunction with the Municipal District of Opportunity Council and staff to gather the necessary data for the Area Structure Plan (ASP). Once this information was compiled, the project team held a public open house during which the Municipal District actively solicited community feedback.
This ASP is intended to be used as a land use planning framework for all lands within the boundaries of the Hamlet of Red Earth Creek. Development that does not conform to the ASP will not be approved. However, this ASP is not intended to be fixed or inflexible. As changing conditions dictate, this document will be revised and amended by the Municipal District when deemed necessary. Any amendment approved by Council shall be enacted in accordance with the Municipal Government Act.
For the purposes of land use planning and development, this Plan will serve as the senior municipal land use planning document and will be implemented, among other means, through the Municipal District’s Land Use Bylaw (LUB).
The Municipal District is aware that other provincial and federal statutes will have a role to play in the future development of the Hamlet of Red Earth Creek. In a spirit of cooperation, consultation and communication, the Hamlet looks forward to working with government agencies and community stakeholders in the implementation of this plan in order to achieve a pattern of land use and development that is attractive, efficient and beneficial to all residents of the community.
Figure 1: Planning Hierarchy
______3 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 3.0 FUTURE LAND USE PLAN
3.1 Purpose
The Future Land Use Plan (Map 4) identifies future development policy areas within the Hamlet of Red Earth Creek. It is anticipated that the development envisioned in the Future Land Use Plan and in this ASP will occur as the appropriate levels of services and infrastructure become available. The Future Land Use Plan is designed to:
a) encourage development that is compatible with the vision and objectives of the Plan, b) encourage development that is compatible with the natural environment, c) minimize conflicts between adjacent land uses, and d) minimize servicing costs.
3.2 Components
The Future Land Use Plan identifies the following policy areas:
Urban Residential Area, Country Residential Area, Open Space/Recreation Area, Industrial Area, Highway Commercial Area, Utilities, Institutional/Community Services Area, Hamlet Reserve Area, Hamlet Centre Area, and Commercial Centre Area.
Future development in each of these policy areas shall adhere to the policies that are specific to it, as well as the policies in Section 4 that apply to all policy areas.
______4 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 4.0 LAND USE POLICIES
The following land use and development policies shall apply to all land and development within the Red Earth Creek ASP area, and shall be used by the Municipal District to guide decision–making regarding all land use and development within the Hamlet.
4.1 General
4.1.1 Policies
a) All applications for amendment to the Red Earth Creek ASP, the Municipal District Municipal Development Plan (MDP) and/or LUB, as well as applications for subdivision and/or development permits shall satisfy all Municipal District regulations and standards.
b) An application for a development permit or an LUB amendment shall be made to the Development Authority in writing and shall include or be accompanied by:
i) the name and mailing address of both the applicant(s), and the owner(s) of the subject site (if different from the applicant); ii) the legal description of the subject site; iii) the proposed uses; iv) a site plan, in duplicate, showing: a. the location of all existing and proposed buildings and structures, b. proposed front, rear, and side yards, if any, c. proposed off-street vehicle parking and loading facilities, if any, and d. access points to the site; v) the estimated commencement and completion dates; vi) the estimated cost of the project or contract price; and vii) the required fee, as calculated in accordance with the Municipal District’s Development Fees Schedule, as approved by Council.
c) At the sole discretion of the Subdivision and/or Development Authority, amendments to the ASP, MDP or LUB for a multi-lot subdivision may be required to submit a Development Concept Plan, which may include any or all of the following:
i) a stormwater management plan; ii) a traffic impact assessment; iii) an analysis of flood susceptibility; iv) a geotechnical assessment, assessing bank stability and required mitigative measures; v) a municipal and environmental reserve dedication strategy; vi) design controls and guidelines; vii) a landscaping plan; viii) a plan for multi-phased development, if applicable;
______5 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 ix) a servicing strategy that demonstrates the suitability of the land to support individual water and sewer services and/or provisions for connections to existing or future piped services; x) an emergency services plan that will be coordinated with the Municipal District and/or other emergency service providers; xi) a demonstration of how the new development will be compatible with existing and future nearby land uses; xii) a strategy to address recreational uses, open space, and pathway use by area residents; and xiii) a community consultation strategy.
d) New developments shall be required to incorporate landscaping measures, such as the addition, removal or retention of trees and/or the installation of buffers, fencing, or other landscaping measures.
e) Signage shall meet all applicable municipal and provincial requirements and regulations.
f) Developments shall be encouraged to incorporate water and energy conservation features (e.g., low flow showerheads, low flow toilets, solar panels, cisterns, or rain barrels) and other Leadership in Energy and Environmental Design (LEED) criteria (e.g., using recycled materials during construction).
g) All existing agricultural operations shall be allowed to operate until such time as they cease operation or the land is redistricted to another use.
h) Subdivision and development permit applications shall be encouraged to demonstrate FireSmart principles identified in the Alberta FireSmart Manual. This may require the applicant to:
i) prepare a personal Wildfire Hazard Assessment; ii) prepare emergency plans developed in conjunction with the local fire department; iii) design roads and accesses to meet emergency vehicle access requirements including width, grade, curve, layout, maintenance, and the provision of alternative access; iv) ensure access to water supply for fire suppression; v) integrate fire retardant materials into all new or renovated developments; and vi) design development layouts to include fire breaks in wildland/ Hamlet interface areas.
i) Land uses adjacent to the Red Earth Creek Airport should conform to Transport Canada’s guidelines to limit interference with the safe operation of the airport. Uses should not be approved if:
i) they attract birds (e.g., landfills); ii) they create dust, smoke or steam, or other visual impairments; iii) they create electronic interference; or
______6 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 iv) the structure’s height penetrates the Airport’s take off, approach, or obstruction zones.
j) In those cases where wetlands and/or muskeg areas are to be disturbed and/or altered, the Municipal District shall ensure that the requirements of the Water Act and the Provincial Wetland Restoration/Compensation Guide are met.
k) To encourage the development of affordable and social housing in the Hamlet, by increasing allowable densities and by reducing residential parking requirements within the Hamlet’s ‘downtown’ area.
4.2 Environmentally Sensitive Lands
The creeks that meander through the Hamlet of Red Earth Creek are important areas that should be protected through an environmental reserve or environmental reserve easement dedication at the time of subdivision. Other potential environmentally-sensitive areas include old growth forests, wetlands, significant muskeg, grassland, and wildlife habitat. Map 2 shows the environmental constraints within the Hamlet.
4.2.1 Policies
a) Pursuant to Section 664 of the Municipal Government Act, a Subdivision Authority may require the owner of a parcel of land being subdivided to provide part of that parcel of land as an Environmental Reserve if it consists of lands that are described in the Act. The Subdivision Authority of the Municipal District shall require that such areas be dedicated as Environmental Reserves.
b) Other environmentally-sensitive areas should be identified and protected as much as possible during the subdivision and land development process through the use of Environmental Reserve, Environmental Reserve Easements, Conservation Easements and/or development setbacks.
c) Future developments adjacent to creeks, streams and wetlands shall conform to Sustainable Resource Development’s policies on setbacks for developments.
d) All costs associated with determining setback boundaries shall be borne by the developer.
4.3 Oil and Gas Activity
The oil and gas sector fuels the economy in and around Red Earth Creek, and the Hamlet itself contains a high volume of well sites, oil and gas pipelines and battery sites (see Map 3). In order to ensure that there is an adequate buffer between oil and gas resource extraction activities and other forms of development within the Hamlet, the Municipal District recognizes that ERCB’s designated setbacks from oil and gas activities must be observed.
______7 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 4.3.1 Policies
a) All new development shall conform to the ERCB’s setbacks for oil, gas and pipeline activity.
4.4 Municipal Infrastructure
4.4.1 Waterworks System
The Hamlet maintains a raw water intake facility using the Red Earth Creek as a raw water source, two raw water storage ponds, a water treatment plant with a treated water reservoir, a distribution pump station, a truck fill facility and a water distribution system. The water distribution mains are 150mm and 300mm in diameter.
Municipally treated water is available to those areas within the Hamlet located to the west of Highway 881 and to those properties which are located directly adjacent to the eastern boundary of Highway 881. The water treatment system also provides potable water to the Loon Lake First Nation, which is located adjacent the western boundary of the Hamlet.
The waterworks system in the Hamlet has been developed to meet the water demand for peak hour and day water consumption and for firefighting purposes. In 2004 EXH prepared a Water System Assessment Report for the Hamlet of Red Earth Creek. The report indicates that there are there are some deficiencies with the current system. Please refer to the 2004 EXH report for specific information about the Hamlet’s waterworks system servicing capacities and the upgrades which are expected to be required.
Of note, Northern Sunrise County is located 1 km south of the Municipal District of Opportunity. Northern Sunrise County has a regional partnership project, approved by the Province, to construct a new water treatment plan to service all Hamlets and settlements in the area.
4.4.2 Sanitary Sewer System
Sewer services are available to a limited area on the west side of Highway 88 within the Hamlet. The Municipal District currently does not have plans to extend piped services to the eastern portions of the Hamlet at this time.
The Municipal District owns and operates two sewage lagoons. The old lagoon is located in SE 26-87-9-5 and the new lagoon, built in 2009 which is located in SW 25-87-9-W5. These lagoons will accommodate Hamlet growth. A development setback restriction of 300 m applies from the boundaries of the lagoons.
4.4.3 Stormwater Drainage System
Due to the wet terrain found in many areas within the Hamlet, surface water drainage should be addressed via a water drainage management plan prior to development. The Municipal District will endeavour to complete a water drainage management plan for the Hamlet of Red Earth Creek.
______8 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16
4.4.4 Solid Waste Disposal System
Solid waste is disposed in the Hamlet’s landfill, located in Pt. NE 19-87-8-5 and NW 20- 87-8-5. A 450 m development setback applies from the boundaries of the working area of the landfill. An expansion of the existing landfill was planned for 2009.
4.4.5 Natural Gas
Natural Gas Service is provided by AltaGas.
4.4.6 Policies
Municipal utility expansion will occur within the Hamlet with guidelines and recommendations as follows:
a) Water and/or sewage system installation, maintenance and operation shall conform to applicable provincial and municipal standards and requirements.
b) Outhouses shall be allowed only in Open Space/Recreation areas. Outhouses must contain holding tanks and construction shall conform to provincial standards.
c) The development of septic fields shall be discouraged within 15 m (50 ft) of any water source or water course.
d) Subdivision and development permit applications in areas where piped municipal water supply and sewage collections systems are not available shall include plans to tie into a communal or piped service system when such a system becomes available. Developments shall be sited on the property accordingly.
e) Site servicing may require extending municipal piped services or connecting into existing services; this shall be done at the sole cost of the developer.
f) Developments in areas where piped municipal water supply and sewage collections systems are not available may be subject to the landowner/developer entering into a deferred servicing agreement with the Municipal District, in order to ensure future connection to services when they become available.
g) Developers may be required to install street lighting at the time of subdivision development.
h) Development setbacks from operating or non-operating landfills, operating waste transfer stations, and lagoons shall conform to provincial regulations, unless setback variations have been approved in accordance with provincial regulations.
______9 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16
i) The Municipal District shall endeavour to create a master drainage plan for the Hamlet.
j) The Development Authority may require that a development permit application include a surface water management and/or drainage management plan to demonstrate that adjacent properties are not impacted by the proposed development.
k) The Development Authority may require that a development permit application for a below-grade development demonstrate through engineering and/or environmental studies that the land is suitable for development. If the area is not suitable for subgrade development, basements shall be prohibited.
l) Water supply and sewage disposal services shall be provided at the developer’s cost.
m) Municipal piped servicing shall be extended first to areas with the following characteristics:
i) servicing connections are existing and at a property line adjacent to the site; ii) adequate capacity exists to service the site in a manner that is consistent with the existing Servicing Studies and/or to the satisfaction of the Municipal District’s engineers; and ii) where it had been demonstrated that the overall future development pattern for the site is complementary with adjacent land uses and infrastructure.
o) Should a private developer propose to extend piped water supply and sewage collection services, the Municipal District shall require the developer to oversize the pipes and/or lift stations appropriately so as to facilitate future service provision in other areas.
4.5 Transportation and Access
The Hamlet of Red Earth Creek is accessible via Highway 88. Alberta Transportation owns and maintains the Highway and manages the number of accesses and types of developments allowed near the Highway. Although highway access management has been an ongoing concern, through consultation with Alberta Transportation the Municipal District has conducted an Access Management Review and is committed to ensuring that existing and future access to Highway 88 be in accordance with the Province’s Access Management Guidelines. Existing accesses can be viewed on Map 5.
The local roads within the Hamlet have gravel or paved surfaces. In order to ensure safe highway access and promote multi-model transportation opportunities the Hamlet will encourage the development of additional walking or cycling trails in the community and service roads.
______10 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 Improvements to the entire transportation network shall be encouraged within the Hamlet in accordance with the policies specified in this Section, and the provision of service roads adjacent to Highway 88 will be a priority policy.
4.5.1 Policies
a) In consultation with Alberta Transportation, the Municipal District shall:
i) endeavour to limit the number and location of driveway access points along Highway 88; ii) endeavour to eliminate Highway 88 access points that are not currently being utilized; iii) in conjunction with a. and b. above, consider extending the service roads along Highway 88; iv) endeavour to connect existing service road access points with local/collector roadways rather than Highway 88; and v) ensure that design of all new roads and intersections conforms to the Hamlet’s Access Management Review.
b) The Municipal District may consider constructing sidewalks or trails along key roads in Hamlet in order to provide additional multi-modal transportation options.
c) All new local roads shall be constructed to municipal standards.
d) If the Municipal District deems that a proposed subdivision or development may have a significant impact on the amount of traffic accessing the Highway, a traffic impact assessment may be required, regardless of whether the subdivision or development has direct or indirect access onto the Highway. The recommendations of said traffic impact assessment shall be implemented as a condition of subdivision or development approval.
e) All proposals for development within 0.8 km (0.5 mile) of a Highway or access to a Highway require approval from Alberta Transportation.
f) All development on lots that are accessed from the Highway or from service roads fronting the Highway shall meet provincial regulations for access and setbacks.
4.6 Development Phasing
Development phasing in Red Earth Creek is contingent upon the extension of roadways and piped municipal water supply and sewage collection services and of roads. The preferred first phase for new residential development within the Hamlet shall be in those areas which are contiguous with existing, serviced development.
In order to ensure compact development and ensure connectivity within the Hamlet, new development should be encouraged to locate within or adjacent existing developed areas.
______11 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 4.6.1 Policies
a) The Municipal District shall require the staging of future development in order to ensure contiguous development and the orderly extension of roadways and municipal services.
b) Much of the development in the Hamlet contains on-site water and private sewage disposal systems. The Municipal District shall endeavour to:
i) ensure that all new development is contiguous with existing development, and ii) prioritize the in-fill of existing developed areas over the development of new fringe areas.
4.7 Community Development
Community development consists of social support systems such as friendship networks, community organizations, civic affairs and leisure activities, together with minimizing any negative social impacts of population and economic growth. The Municipal District will continue to promote a sense of community among residents and will seek to maximize opportunities for social interaction, minimize negative social impacts of development, and provide opportunities for citizen participation in community planning.
4.7.1 Policies
a) The Municipal District will endeavour to ensure the future development of an attractive, activity-oriented and highly accessible Central Area to provide a focus for social interaction at the community level, and to foster a sense of community identity and spirit.
______12 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 5.0 LAND USE ALLOCATION
The following policies guide future development in the ASP Area according to the Future Land Use Plan. Policies are provided for each policy area within the ASP.
5.1 Urban Residential Policy Area
These policies apply to the area designated Urban Residential on the Future Land Use Plan (Map 4).
Residential development in the Hamlet of Red Earth Creek is currently a mixture of large lot single family dwellings, manufactured homes. There are limited options for development on smaller urban-style lots and multi-family dwellings – that is, row housing and apartment housing at medium densities. However, higher density housing types can help promote housing affordability and increase housing flexibility for single income individuals and families. As such, the Municipal District endorses the provision of some smaller residential lot sizes and multi-family housing developments with full municipal water and sewer services, in order to ensure a range of housing options within the Hamlet.
Residential development will be allowed within the area designated Urban Residential in accordance with the policies specified in this Section.
5.1.1 Policies
a) Residential uses allowed in the Urban Residential areas shall include single family dwellings (including modular homes) on urban style lots, duplexes, row housing, apartments and senior’s housing.
b) Other uses normally associated with residential neighbourhoods, such as low impact public utilities, parks and open spaces shall also be encouraged within the Urban Residential area.
c) Development applications in the Urban Residential area shall only be approved if the development is serviced by municipal piped water supply and sewage collection and disposal services.
d) Development applications for multi-family dwellings shall be properly located and buffered so as to mitigate any impact on nearby single family residential areas. Due consideration shall be given to issues of oversight, overshadowing, noise, traffic, and/or any other factor the Council and Development Authority may deem reasonable.
e) Multi-family dwellings shall be allowed only in separate, identifiable Districts in the Municipal District’s Land Use Bylaw. After public input into the suitability of a development, Council shall decide whether it is appropriate to place a parcel of land into a District to allow for multi- family dwellings. If Council deems it appropriate, a detailed Land Use Bylaw District or a Direct Control District may be used to control aspects of the development.
______13 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16
f) All multi-family residential developments shall provide adequate parking, loading and recreation areas for their residents.
g) Row housing, that is, ground-oriented multi-family housing, shall be developed at normal urban densities, and the maximum height of apartment buildings shall be three (3) storeys.
h) All residential development shall meet municipal requirements and provincial regulations regarding the provision of water supply and sewage disposal services.
i) Fire hydrants, emergency access and/or other fire suppression provisions shall be provided by developers in all new residential subdivisions and in all multi-family residential developments to the satisfaction of the Municipal District.
j) At the discretion of the Municipal District’s Subdivision Authority, developers shall provide Municipal Reserves at the time of subdivision in the form of land, cash in lieu, or a combination of the two, in accordance with the Municipal District’s Municipal Development Plan.
k) Lot sizes in the Urban Residential Policy Area shall be regulated through the provisions of the Municipal District’s Land Use Bylaw.
l) In addition to the policies specified in this Section, development in the Urban Residential Policy Area shall also be subject to the policies outlined in Section 4.0.
5.2 Country Residential Policy Area
These policies apply to the area designated Country Residential on the Future Land Use Plan (Map 4).
The Municipal District acknowledges that in some locations in the Hamlet unserviced large lot residential development is a desirable land use. As such, the Country Residential Policy Area allows for serviced and unserviced large-lot residential development, traditionally used for single family and duplex dwellings.
Country residential development will be allowed within the area designated Country Residential in accordance with the policies specified in this Section.
5.2.1 Policies
a) All residential development shall meet municipal requirements and provincial regulations regarding the provision of water supply and sewage disposal services.
b) Emergency access and/or other fire suppression provisions shall be provided by developers in all residential subdivisions.
______14 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 c) At the discretion of the Municipal District’s Subdivision Authority, subdivision developers shall provide Municipal Reserves in the form of land, cash in lieu, or a combination of the two, in accordance with the Municipal District’s Municipal Development Plan.
d) Prior to any subdivision or development taking place within the Country Residential Policy Area, a traffic impact assessment satisfactory to the Municipal District and Alberta Transportation may be required to be undertaken by the landowner/developer. The traffic impact assessment shall assess the impact of the proposed country residential development on access to Highway 88 and describe the means whereby that access is to be provided. The recommendations of said traffic impact assessment shall be implemented as a condition of the subdivision of any part of the Country Residential Policy Area.
e) Country Residential lots shall utilize individual wells or sewage holding tanks or water tanks and sewage holding tanks, until and unless such time as municipal piped water supply and sewage collection and disposal services become available.
f) Uses considered appropriate in Country Residential areas may include single family dwellings or duplexes, but may not include any form of multi-family housing.
g) Lot sizes in the Country Residential Policy Area shall be regulated through the provisions of the Municipal District’s Land Use Bylaw.
h) In addition to the policies specified in this Section, development in the Urban Residential Policy Area shall also be subject to the policies outlined in Section 4.0.
5.3 Open Space/Recreation Policy Area
The following policies apply within the area designated Open Space on the Future Land Use Plan (Map 4).
The Open Space/Recreation Policy Area is designed to encompass environmentally sensitive areas as well as areas of active recreation. There are several recreational services currently offered in the community, including a community hall, baseball fields and a sports complex with an arena, weight room, gym, and health club.
Recognizing the value of providing a range of recreation opportunities the Municipal District will endeavour to identify the community’s existing and future recreation needs and provide services and recreation amenity areas to meet these needs.
Much of the Hamlet encompasses low-lying muskeg areas that are unsuitable for development. In addition, the two creeks within the Red Earth Creek Area Structure Plan area are environmentally sensitive. Map 4 shows a proposed trail system for the Hamlet which will increase pedestrian connectivity within the Hamlet, particularly at designated
______15 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 safe access points between the east and west portions of the community. The proposed trails identified on Map 4 shall be set back 100 m from the creek beds.
Protection and/or enhancement of cultural, recreational and natural areas in the community will be encouraged within the areas designated Open Space in accordance with the policies specified in this Section.
5.3.1 Policies
a) Uses allowed within the Open Space Policy Area may include walking and cycling trails, low intensity parks and playgrounds, and designated ATV trails.
b) The Municipal District shall endeavour to protect areas of cultural significance from encroachment by future development.
c) The Municipal District will consider the preparation of a recreation master plan that:
i) designates trails for passive walking and cycling use; ii) designates trails for ATV use; iii) identifies measures to prevent ATVs from accessing walking and cycling trails, such as installing gates and posts were appropriate; and iv) identifies future recreational facilities that may be required in the community to meet residents’ needs.
d) Walking and cycling trails shall be constructed to Municipal District standards.
e) All terrain vehicles shall not be allowed on designated walking/cycling trails. The Municipal District shall endeavour to mark trails appropriately.
f) Pedestrian crossings of Highway 88 shall be clearly designated and marked.
g) The Municipal District may discuss the option of creating a designated pedestrian pathway in the road right of way for Highway 88 with Alberta Transportation.
h) The Municipal District may consider constructing a golf course within the Hamlet of Red Earth Creek in order to promote tourism and economic development.
i) In addition to the policies specified in this Section, development in the Open Space Policy Area shall be subject to the policies outlined in Section 4.0.
______16 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 5.4 Industrial Policy Area
The following policies apply within the area designated Industrial on the Future Land Use Plan (Map 4).
Areas in Red Earth Creek that are currently involved in industrial use are situated east of Highway 88 and in the vicinity of the Airport. The current industrial area is a mixed use area comprised of industry, commerce and residential land uses. One of the objectives of this ASP is to separate incompatible land uses – specifically industrial uses from residential uses. The Industrial Policy Area is located so as to mitigate the impact of industrial activity on the surrounding community and to clarify which uses are appropriate for the industrial area.
Industrial development will be allowed in the community within the area designated Industrial in accordance with the policies specified in this Section.
5.4.1 Policies
a) Uses considered appropriate in the Industrial Policy Area may include the airport, manufacturing, processing, refining, warehousing, transhipment, indoor and outdoor storage, bulk fuel storage and sales, and oilfield and gas field servicing. Residential land uses, including surveillance suites, and land uses whose principal purpose is providing retail goods and services to the general public shall be discouraged in the Industrial Policy Area.
b) The development of temporary work camps, surveillance suites and caretakers residences shall minimize disruption to nearby residential, commercial and industrial areas. To that end, they shall be carefully designed and regulated so as to supply suitable access and security, in addition to water supply and sewage disposal services.
c) Development permit applications shall demonstrate site and building design features that provide an appropriate transition between existing and/or future adjacent land uses.
d) Industrial buildings should be situated such that the building front is located facing the primary access road.
e) Prior to any subdivision or development taking place within the Industrial Policy Area where access would be primarily from Highway 88 or a road leading directly to Highway 88, a traffic impact assessment satisfactory to the Municipal District and Alberta Transportation may be required at to be undertaken by the landowner/developer. The traffic impact assessment shall assess the impact of the proposed development or subdivision on access to Highway 88 and describe the means whereby that access is to be provided. The recommendations of said traffic impact assessment shall be implemented as a condition of the development or subdivision of the affected part of the Industrial Policy Area.
______17 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 f) The Municipal District shall regulate industrial land uses based on the degree to which their effects are felt off-site, in accordance with provisions in its Land Use Bylaw.
g) In addition to the policies of this Section, development in the Industrial Policy Area shall be subject to the policies outlined in Section 4.0.
5.5 Hamlet Centre Policy Area
The center of a community is also the heart of any community. It is the place that sets the tone, creates the identity and determines the personality of the community. It is the intention of the Municipal District to foster the creation of a walkable, pedestrian friendly downtown core within the Hamlet of Red Earth Creek. Institutional use and mixed use commercial-residential buildings will predominate in this use area. Keeping in mind the predominately car and truck oriented culture of the community providing adequate on- site parking will be a priority. This noted, creating a denser Hamlet Centre Area will require, to some extent, limiting on site parking in some locations within the Hamlet centre. The Municipal District will work with the developers to endeavour to provide enough flexibility in the parking requirements within the Hamlet Centre Area to accommodate local parking needs and still encourage the development of a walkable hamlet centre.
5.5.1 Policies
a) The Municipal District is committed to maintaining and expanding the role of the Hamlet Centre Policy Area as an attractive focal point for intensive institutional, cultural, residential and social services.
b) The Municipal District may consider preparing an Area Redevelopment Plan for the Hamlet Centre Policy Area to provide detailed analysis and specific recommendations for redeveloping, revitalizing, and improving the Hamlet’s downtown.
c) Infill of vacant land and the redevelopment of existing developed areas to higher density use shall be encouraged in the Hamlet Centre Policy Area.
d) The Municipal District should support and promote improvements to enhance the visual attractiveness and livability of the Hamlet Centre Policy Area by upgrading public spaces, e.g., planting trees and shrubs, installing bicycle racks, providing sidewalk benches, installing attractive light fixtures, placing attractive garbage containers throughout the area, and creating additional public space.
e) All public buildings in the Hamlet Centre Policy Area shall be encouraged to provide public open space amenity areas which are attractively landscaped and equipped with street furnishings.
______18 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 f) Government offices and services shall be encouraged to relocate or remain in the Hamlet Centre Policy Area.
g) Private sector offices which are not land extensive should be encouraged to locate in the Hamlet Centre Policy Area, rather than in decentralized commercial or industrial areas.
h) Within the Hamlet Centre Policy Area, both vacant land and low-density residential land will be developed or re-developed before expansion of this designation is considered.
i) Residential development may be allowed within the Hamlet Centre policy area in accordance with the regulations of the Municipal District’s Land Use Bylaw.
5.6 Commercial Centre Area
5.6.1 Policies
a) The Municipal District may consider preparing an Area Redevelopment Plan for the Commercial Centre Policy Area to provide detailed analysis and specific recommendations for redeveloping, revitalizing, and improving the Hamlet’s central commercial area.
b) Infill of vacant land and the redevelopment of existing developed areas to higher density use shall be encouraged in the Commercial Centre Policy Area.
c) The Municipal District should support and promote improvements to enhance the visual attractiveness and livability of the Commercial Centre Policy Area by upgrading public spaces, e.g., planting trees and shrubs, installing bicycle racks, providing sidewalk benches, installing attractive light fixtures, placing attractive garbage containers throughout the area, and creating additional public space.
d) Future intensive retail commercial activities will be encouraged to locate within the Commercial Centre Policy Area.
e) Low intensity, land extensive, and non-conforming commercial uses in the Commercial Centre Policy Area should be encouraged to relocate to industrial or highway commercial areas in the Hamlet.
f) Private developers and owners of vacant land in the Commercial Centre Policy Area should be encouraged to develop the land for intensive commercial purposes.
______19 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 5.7 Highway Commercial Policy Area
These policies apply within the area designated Highway Commercial (HC) on the Future Land Use Plan (Map 4).
The Municipal District supports the future development of highway-oriented commercial areas along both sides of Highway 88 and Highway 686. Desired uses include those uses whose principal purpose is the retail of goods and services to the traveling public, as well as some light industrial uses where appropriate.
Highway Commercial development will be allowed in the community within the area designated Highway Commercial in accordance with the policies specified in this Section.
5.7.1 Policies
a) Uses considered appropriate in the HC Policy Area shall be established through the Municipal District’s Land Use Bylaw.
b) Temporary and/or permanent work camps shall not be allowed in the HC Policy Area.
c) Proposed commercial uses shall be compatible in form and scale to existing adjacent uses.
d) Development permit applications shall demonstrate site and building design features that provide an appropriate transition between existing and/or future adjacent land uses.
e) Buildings should be located such that the building front is located facing the primary access road.
f) Design guidelines should include signage and screening of any yard storage.
g) Commercial uses with high water and sewer demands should be located within areas with municipal piped water supply and sewage collection and disposal services.
h) Prior to any subdivision or development taking place within the HC Policy Area where access would be primarily from Highway 88, a service road of Highway 88, or a road leading directly to Highway 88, a traffic impact assessment satisfactory to the Municipal District and Alberta Transportation may be required to be undertaken by the landowner/ developer. The traffic impact assessment shall assess the impact of the proposed development or subdivision on access to Highway 88 and describe the means whereby that access is to be provided. The recommendations of said traffic impact assessment shall be implemented as a condition of the subdivision of the affected part of the HC Policy Area.
______20 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 i) Uses considered appropriate within the HC Policy Area shall also include light industrial uses (i.e., industries which do not emit pollution into the air, water or ground, and in which activities are conducted either within enclosed buildings or behind screen fences so as to entirely close off the use from adjoining roads or properties).
j) In addition to the policies of this Section, development in the HC Policy Area shall be subject to the policies outlined in Section 4.0.
5.8 Utilities Policy Area
These policies apply within the area designated Utilities on the Future Land Use Plan (Map 4).
The lands designated Utilities Policy Area are areas where major public utilities, such as sewage lagoons, waste transfer stations, and similar uses are located. As new Public Utilities are developed, those areas will first be designated within the Utilities Policy Area of this Area Structure Plan.
5.9 Community/Institutional Policy Area
These policies apply within the area designated Community/Institutional Policy Area on the Future Land Use Plan (Map 4).
Red Earth Creek has an RCMP detachment located along the west service road parallel to Highway 88. The RCMP facility includes officer housing, detachment facilities and a garage.
The Aspen Regional Health Authority operates a health unit in Red Earth Creek which is staffed by a community nurse. Physicians from Slave Lake fly in on a weekly basis to provide medical services.
The development and/or extension of existing community services will be encouraged within the Area Structure Plan area.
Community and institutional development will be allowed in the community as designated through the Municipal District’s Land Use Bylaw.
5.9.1 Policies
a) Uses considered appropriate within Community/Institutional areas may include: community facilities, places of worship, schools and emergency and health services, though these uses shall not be limited to the Community/Institutional policy areas, but allowed at the discretion of the Municipal District, wherever it is deemed appropriate and reasonable by the relevant approving authority.
b) In addition to the policies of this Section, development in the Community/ Institutional Policy Area shall be subject to the policies outlined in Section 4.0.
______21 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 5.10 Hamlet Reserve Policy Area
These policies apply within the area designated Hamlet Reserve on the Future Land Use Plan (Map 4).
Many of the areas to which the policies in the Hamlet Reserve Policy Area apply are currently not suitable for development due to the presence of a high volume of oil and gas extraction activities and/or proximity to municipal utility infrastructure. As such, it is not anticipated that the areas designated Hamlet Reserve will be needed for residential, commercial, or industrial development within the time horizon of this ASP.
Further, areas within the Hamlet Reserve Policy Area may have physical and/or environmental constraints that require further study to determine the land’s suitability for further development. The development authority may require any development proposal to be accompanied by a geotechnical assessment to identify constraints and the means whereby these constraints are to be overcome.
Development will be allowed in the community within the area designated Hamlet Reserve in accordance with the policies specified in this Section.
5.10.1 Policies
a) Hamlet Reserve areas shall remain in their current use and/or as open space until it is demonstrated (through pertinent studies) that the specific area is suitable either for development or an appropriate alternative use (such as forestry). If the area is deemed suitable for development, an amendment to this Area Structure Plan shall be required prior to any such development taking place.
b) The Development Authority may require that development proposals be accompanied by a geotechnical assessment and/or an environmental analysis to determine the suitability of the land for development.
c) In addition to the policies of this Section, development in the Hamlet Reserve Policy Area shall be subject to the policies outlined in Section 4.0.
______22 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 6.0 IMPLEMENTATION POLICIES
This Section of the Area Structure Plan outlines policies to implement the land use and development policies of this Plan.
6.1 Increase Size of Hamlet
This Hamlet of Red Earth Creek Area Structure Plan applies to an area larger than the current boundaries of the Hamlet of Red Earth Creek. From a land use planning and development perspective, it is logical to include areas to the north, the east and the south (to accommodate the relocation of a new and expanded airport) in this Area Structure Plan.
6.1.1 Policies
a) The Municipal District shall expand the boundaries of the current Hamlet to encompass S½ 25-87-9-W5, S½ 30-87-8-W5, SW 29-87-8-W5, Pt. NW 23-87-9-W5, NE 23-87-9-W5, 24-87-9-W5, 19-87-8-W5, W½ 20-87-8- W5, Sec. 14-87-9-W5, Sec. 13-87-9-W5, Sec. 18-87-9-W5, W½ 17-87-8- W5, Pt. NW 11-87-9-W5, SW 11-87-9-W5, E½ 11-87-9-W5, Sec. 12-87- 9-W5, Sec. 7-87-8-W5, W½ 8-87-8-W5, Sec. 1-87-9-W5, Sec. 6-87-9-W5, and W½ 5-87-8-W5.
b) The Municipal District of Opportunity No. 17 will shall consider relocating the existing airport in the Hamlet of Red Earth Creek to Sec. 1- 87-9-W5, and/or Sec. 6-87-9-W5.
6.2 Future Development
Development within the Red Earth Creek Area Structure Plan area should be consistent with the policies contained within this Area Structure Plan.
6.2.1 Policies
a) All proposed Land Use Bylaw amendments, subdivision decisions and development permit decisions shall conform to the policies in this Area Structure Plan.
b) In order to encourage intergovernmental cooperation, upon receipt of an application for substantial subdivision and/or development within the Area Structure Plan area, the Municipal District shall circulate the proposal to the Loon Lake First Nation for review and comment.
6.3 Future Review and Amendments
The Hamlet of Red Earth Creek Area Structure Plan will require periodic review and amendment in order to continually serve its purpose.
______23 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16
6.3.1 Policies
a) Any amendments to the Red Earth Creek Area Structure Plan shall be managed through the bylaw process with notification, consultation, Public Hearing, and bylaw readings, as required by provincial legislation.
b) Intermittently as required, and no more than 5 years from the date of the adoption of this Area Structure Plan, the policies contained herein should be reviewed by the Municipal District of Opportunity No. 17 to ensure that they remain relevant and up to date and meet the needs of the community, taking into account current economic conditions and provincial legislation.
______24 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 MAP 1: Regional Location Map Enviro nmental Constraints
______25 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 MAP 2: Environmental Constraints
______26 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 MAP 3: Oil and Gas Activity
______27 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 MAP 4: Future Land Use Plan
______28 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16 MAP 5: Highway 88 Analysis Map
______29 Hamlet of Red Earth Creek Area Structure Plan Bylaw No. 2009-16