BARRHEAD - A County of Barrhead resident can subdivide their property to create a fragmented 56.2-acre agricultural parcel, thanks to a council decision.
On July 2, councillors approved Shirley Cooper's request to create a smaller lot from a quarter section.
The land was previously unsubdivided and is undeveloped except for an oil lease road.
Development officer Jenny Bruns said the land, which is in an agricultural zone and fragmented by Highway 763, meets the municipality's current land-use bylaw and municipal development plan as there are no size requirements for fragments.
She added that access to the newly divided parcel would be via Highway 763, while the remainder of the land could be accessed by Township Road 61, noting that road widening would be needed on the south boundary of the quarter.
Bruns said Alberta Transportation had no requirements, and public works stated no improvements to the property's approaches were needed.
She also noted that Alberta Forestry and Parks were contacted and had no requirements for the property.
Jane Dauphinee of the county's contracted municipal planning service (Municipal Planning Services) said provincial data identified that a significant wetland area could be on the property and asked for a wetlands assessment.
"We've had some problems in the past, especially when there are treed marshes; you cannot tell how big they are," she said.
Dauphinee and Bruns noted that the wetlands assessment found suitable building pockets and identified an appropriate location for an Environmental Reserve Easement (ERE) in the wetland areas.
EREs are regulatory tools used during subdivision for various environmental and safety purposes.
Coun. Walter Preugschas asked what would have happened if the assessment report had not identified a suitable building pocket, saying the land, for all practical purposes, was already subdivided by Highway 763.
"Then we could not create the parcel," she said, adding that the parcel was not subdivided even though it was physically divided by the roadway. "In your land-use bylaw, in Agricultural Districts, houses are a permitted use. So, one of the things we look for when granting a subdivision is that there is a building site for a house. It is one of the things we look at when we decide if what [an applicant] is proposing to do is appropriate."
Dauphinee said while it is possible to develop in a wetland, an applicant would need permission from Alberta Environment and Protected Areas.
"The way we've handled that in Barrhead is, say, if you can avoid it, then do so," she said. "Because in the end, it will cost them a lot more time and money to pick a spot outside those areas than trying to get Alberta Environment's approval," she said.
However, Dauphinee said that in some cases, such as industrial development, where the land is just so valuable, it might be worth compensating the province for damage to the wetland.
In the applicant's case, Dauphinee said that a wetland does not impact the East side of the parcel. There is a suitable building site, she recommends the municipality grant the application with the following conditions: that an ERE be registered with the municipality, the applicant enters into a land acquisition agreement for the needed property to widen the road on the southern boundary of the quarter section and that the county's interest be registered as a caveat on the title until the road is widened. Any culverts or crossings on the land be provided to the municipality's satisfaction at the developer's expense.
Barry Kerton, TownandCountryToday.com
