Title
Public Hearing
Bylaw No. 07-2012 Proposed Amendment to Land Use Bylaw No. 20-2009
Proposed Motions
1) That Council give Second and Third Readings to Bylaw No. 07-2012 to redistrict approximately 16.19 hectares (40.0 acres) of the SE-31-54-6-W5M from AGR - Agricultural Restricted to AGG - Agricultural General
Body
Administration Recommendation
Administration supports the proposed motions to redistrict a portion of SE-31-54-6-W5M from AGR - Agricultural Restricted to AGG - Agricultural General.
Purpose
The owners of the subject lands have requested the redistricting in order to pursue the subdivision of a 16.19 ha (40.0 acres) parcel. Further detail is provided by the Applicant in the attachment "Applicants Letter Requesting Redistricting."
Summary
The subject lands are currently districted AGR - Agricultural Restricted. Agriculture Restricted under Land Use Bylaw No. 20-2009 allows only one single residential subdivision with a maximum size of 4.05 ha (10 ac) from a quarter section. The subject quarter section currently has one subdivision of a 16.96 ha (41.92 ac) parcel. The Applicant applied for the subdivision of an additional 16.19 ha (40.0 ac) parcel in 2011 but was refused by the Subdivision Authority for the reasons that the proposed subdivision did not meet the density and area requirements of the AGR District.
The Applicant proposes to redistrict 16.19 ha (40 ac) to AGG - Agricultural General. Up to three square agricultural parcels approximately 16.19 ha (40.0 ac) is size may be subdivided in the Agricultural General District. If the redistricting is approved, a resulting subdivision application would meet the requirements of Land Use Bylaw No. 20-2009.
Administration has completed a review of the subject lands. The lands were districted AGR in the Land Use Bylaw and Environmentally Significant in the Municipal Development Plan due to the proximity of the Pembina River Valley. Upon completion of a site inspection by Administration and submission of contour information by the Applicant, Administration does not note any areas perceived to be environmentally significant on the proposed 16.19 ha (40.0 ac) parcel. The proposed AGG parcel is over 400.0 metres from the top of bank of the Pembina River Valley, and does not contain slopes exceeding 15%, tributaries to the Pembina River, or any other water features. Administration therefore supports the proposed redistricting.
Strategic Plan/Policy/Legal/Staff Implications
A Biophysical Assessment is not required as the proposal is not for a multi-parcel subdivision or a major development. A complete outline plan was not submitted as per Policy PD-033-P1. The Manager of Planning and Development determined enough information was submitted by the applicant to make an informed recommendation to Council and that a complete outline plan was not necessary. As per Section 2(b) under PD-033-P1 the application is only for the second parcel on the original quarter and once redistricted will meet the requirements of the AGG - Agricultural General District.
Financial Impact:
Cost: N/A
Source of Funding: N/A
Alternative Motions
1) Council could choose to table Bylaw No. 07-2012 and ask for additional information including a complete outline plan.
2) Council could defeat Bylaw No. 07-2012