At the November 6 Council Meeting, Council heard from the owners of Lot B, Plan 8321080 in PNE 6-60-10-W4 who requested to increase their lot from 10 acres to approximately 18 acres by extending their lot to the south into Lot C. Their request does not comply with the Land Use Bylaw as the maximum number of subdivisions under an agricultural zoning have already been exceeded on that property.
Council directed administration to prepare a Bylaw to allow for the further subdivision of Lot C, Plan 8321080 within the agriculture district and to remove the requirement for an area structure plan for this subdivision.
The only way to accommodate this request would be to create a special provision within the Land Use Bylaw through the use of a notwithstanding clause. A copy of the amendment to the LUB is attached.
In preparation of this bylaw, administration discovered that an amendment to the Municipal Development Plan is also required. A bylaw to amend the Municipal Development Plan has also been developed and is attached.
The Municipal Development Plan is a long range planning tool. The Municipal Development Plan is statutory plan under the MGA that:
(a) must address
(i) the future land use within the municipality,
(ii) the manner of and the proposals for future development in the municipality,
(iii) the co ordination of land use, future growth patterns and other infrastructure with adjacent municipalities if there is no intermunicipal development plan with respect to those matters in those municipalities,
(iv) the provision of the required transportation systems either generally or specifically within the municipality and in relation to adjacent municipalities, and
(v) the provision of municipal services and facilities either generally or specifically,
(b) may address
(i) proposals for the financing and programming of municipal infrastructure,
(ii) the co ordination of municipal programs relating to the physical, social and economic development of the municipality,
(iii) environmental matters within the municipality,
(iv) the financial resources of the municipality,
(v) the economic development of the municipality, and
(vi) any other matter relating to the physical, social or economic development of the municipality,
(c) may contain statements regarding the municipality’s development constraints, including the results of any development studies and impact analysis, and goals, objectives, targets, planning policies and corporate strategies,
(d) must contain policies compatible with the subdivision and development regulations to provide guidance on the type and location of land uses adjacent to sour gas facilities,
(e) must contain policies respecting the provision of municipal, school or municipal and school reserves, including but not limited to the need for, amount of and allocation of those reserves and the identification of school requirements in consultation with affected school boards, and
(f) must contain policies respecting the protection of agricultural operations, and
(g) may contain policies respecting the provision of conservation reserve in accordance with section 664.2(1)(a) to (d).