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HomeMy WebLinkAbout1926-18 AMENDMENT to Bylaw 1830-15 (IMDP - Wheatland County) COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1926-18 BEING a bylaw of the County of Newell in the Province of Alberta,to adopt Bylaw No. 1926-18,to amend the County of Newell and Wheatland County Intermunicipal Development Plan (County of Newell Bylaw No. 1830-15 and Wheatland County Bylaw No. 2015-14). WHEREAS the Council of the County of Newell wishes to amend the existing intermunicipal development plan (IDP) in consultation with the County of Newell to be compiiantwith the recent amendments to the Municipal Government Act (MGA), Revised Statutes of Alberta 2000, Chapter M-26, specifically amendments affecting Part 17 and the South Saskatchewan Regional Plan (SSRP) 2014—2024, amended February 2017; AND WHEREAS the purpose of the proposed bylaw is to ensure that policies contained within the plan are compliant with the changes to the MGA and the SSRP. AND WHEREAS the municipality must prepare a corresponding bylaw and provide for its consideration at a public hearing. NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council duly assembled does hereby enact the following: 1. That the Acknowledgements Page be updated to remove the names of the IDP review committee members and administrative staff; 2. That section 1.2 be amended to reflect the County of Newell population to be 7,524 persons in 2017 and Wheatland County's population to be 8.788 persons in 2017 and the following be added to the Wheatland County municipal profile: "A portion of Wheatland County is included in the Calgary Metropolitan Region Board(CMRB), established by regulation 190/2017, but only those parts of the County close to the Calgary region will be subject to the growth plan as outlined in the CMRB regulation and the lands subject to this intermunicipal development plan fall outside of the CMRB boundary." 3. That section 1.3 be amended replace the previous Municipal Government Act section 631(1) and 631(2)with the new section as follows: 631(1) Two or more councils of municipalities that have common boundaries that are not members of a growth region as defined in section 708.01 must, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary. (1.1) Despite subsection (1J, the Minister may, by order, exempt one or more councils from the requirement to adopt an intermunicipal development plan, and the order may contain any terms and conditions that the Minister considers necessary. (1.2J Two or more councils of municipalities that are not otherwise required to adopt an intermunicipal development p/an under subsection(1)may, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development p/an to include those areas of land lying within the boundaries of the municipalities as they consider necessary. (2)An intermunicipal deve/opment plan (a)must address (iJ the future land use within the area, (ii)the manner of and the proposals for future development in the area, (iii)the provision of transportation systems for the area,either generally or specifically, (ivJ the co-ordination of intermunicipal programs relating to the physical,socia/and economic development of the area, (v)environmental matters within the area,either generally or specifically,and (viJ any other mat[er related to the physical,social or economic development of the area that the councils consider necessary, and b) must include i. a procedure to be used to resolve or attempt to reso/ve any conflict between the municipalities that have adopted the plan, ii. a procedure to be used, by one or more municipalities, to amend or repeal the plan, and iii. provisions relating to the administration of the plan. (3) The counci/of a municipality that is required under this section to adopt an intermunicipal development plan must have an intermunicipal development p/an that provides for all of the matters referred to in Subsection(2J within 2 years from the date this subsection comes into force. (4)Subject to the regulations, if municipalities that are required to create an intermunicipal development plan are not able to agree on a plan,sections 708.33 to 708.43 apply as if the intermunicipal deve/opment plan were an intermunicipa/collaboration framework. (5)In creating an intermunicipal development plan, the municipalities must negotiate in good faith. 4. That section 4.2 Agriculture be amended by adding the following policy for clarification: 4.2.1 Agriculture will continue to be the predominant land use in the Plan Area. The impact on agricultural uses should be a consideration when determining suitability of non-agricultural land uses in the Plan Area. 5. That policy 4.4.3 be amended by deleting "The affected municipality must its approval or decisions in writing prior to the application being considered complete by the other municipality" and adding "Administration from both municipalities are encouraged to dialogue regarding the potential impacts the proposed development may have on the affected municipality's roads prior to the acceptance of the application as complete." 6. That policy 4.4.6 be deleted for clarification. 7. That policy 4.6.1 be amended by deleting"The affected municipality must its approval in writing prior to the application being considered complete by the other municipality"and adding "Administration from both municipalities are encouraged to dialogue regarding the potential impacts the proposed development may have on the affected municipality's roads prior to the acceptance of the application as complete." 8. That the following section be added on the Natural Environment to comply with s. 631(2)(a)(v)of the MGA: 4.8 Natural Environment INTENT Both municipalities recognize the connection between the natural environment and quality of life and strive to protect,preserve and enhance natural systems and environmentally significant areas, while promoting appropriate development. POLICIES 4.8.1 When making land use decisions, each municipality will: a) utilize and incorporate measures which minimize possible impacts on the Bow and Red Deer Rivers and any other important water resource; bJ determine appropriate land use patterns in the vicinity of significant water resources and other water features; cJ establish appropriate setbacks to maintain water quality,flood water conveyance and storage, bank stability and habitat. 4.8.2 Lands that have been identified that may contain an environmentally significantsite may be required to conduct an environmental impact assessment (EIAJ and the proponent should contactAlberta Environment and Parks. 4.8.3 Lands that have been identified that may contain a historic resource may be required to conduct a historical resource impact assessment(HRIA)and the proponent should consult the Historical Resources Act and Alberta Culture and Tourism. 4.8.4 Both municipalities should consider the provincial Wetland Policy when making land use decisions with the goal of sustaining environment and economic benefits. 9. The section 5.2 Other Statutory Plans policies 5.2.9 through 5.2.12 be amended by deleting(excluding a Municipal Development Plan) and replacing the verbiage with (Area Structure Plan, Area Redevelopment Plan, etc.). 10. The section 5.2 Design Concepts has the wording "Concept Plans"added and policies 5.2.2 lthrough 5.2.24 be amended by adding "or concepts plans"to the policy. 11. That policies 5.3.3 and 5.3.4 be deleted regarding the Calgary Metropolitan Plan. 12. The policy 5.3.5 be amended by deleting the following: ':.. and remains in effect until: a) either Council rescinded the Plan by bylaw after giving six(6J months'notice to the other municipality;or b) mutual agreement of both municipalities to rescind the bylaw." 13, That Appendix A Definitions be amended by deleting the definitions for Calgary Metropolitan Plan (CMP) and Calgary Regional Partnership (CRP) and adding the following definition of Calgary Metropolitan Region Board as follows: "Calgary Metropolitan Region Board: The first provincially- mandated growth management board consisting of representatives from 10 municipalities mandated to develop a long term plan for managed,sustainable growth in the Calgary region." 14. That Map 3 Land Use Designation be amended to reflect the following changes to land use designation on the following lands or portion of lands: SE 4-23-19-4 Agriculture General District to Country Residential District SE 8-23-19-4 Agriculture General District to Country Residential District NW 8-24-18-4 Agriculture General District to Community Service District SW 5-25-17-4 Agriculture General District to Community Service District NE 7-25-17-4 Agriculture General District to Public Utility District SE 7-23-19-4 Agriculture General District to Country Residential District NE 2-22-20-4 Country Residential District to Agriculture General District 15. That the aforementioned amendment to The County of Newell and Wheatland County Intermunicipal Development Plan Bylaw No. 1830-15 and Bylaw No. 2015-14, shall make use of formatting that maintains the consistency of the portions so the bylaw being amended. 16. Bylaw No. 1926-18 shall come into effect upon third and final reading thereof. 17. Bylaw No. 1830-15 is hereby amended and consolidated. READ a first time this 20th day of September,2018. Reeve—Molly Douglass �e Administrative Officer—Kevin Stephenson READ a second time this 8th day of November, 2018. .�� `� Reeve—Molly Douglass C ef ministrative Officer—Kevin Stephenson READ a thir ime and finally PASSED this 8th day of Nove , 2018. Reeve—Molly Douglass ' f dministrative Officer—Kevin Stephenson