St. A - A80 sub template · 2020-03-05 · 806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4 Toll...

What is S19-2838 about? This application is to subdivide the subject property located in the “RR” Rural Residential Zone into two (2) proposed lots of ~1.33 acres each in site area.

We are Listening

Public

Hearing

Tuesday,

March 10, 2020

5:10 PM

Council Chambers

500 Railway Ave.

Clandeboye, MB

Phone:

(204) 482-3717

1-800-876-5831

Fax:

(204) 482-3799

E-Mail:

[email protected]

Website:

redriverplanning.com

For more information please contact the Red River Planning District.

Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk, MB 8:30am-4:15pm

*excludes all statutory holidays

*Note: Property owners are responsible for notifying “Tenants”

mailto:[email protected]

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

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Fax: 204-482-3799

Page 1 of 13

Attention to: Council R.M. of St. Andrews

SUBDIVISION REPORT Date of Report: March 5, 2020 (UPDATED)

File Number: S19-2838 – (J.M.D. Development Inc.) Address: 20 Sussex Drive Municipality: R.M. of St. Andrews Legal Description: LOT 3 BLOCK 3 PLAN 40491 WLTO Roll Number(s): 234831 Report Prepared by: David Paton, MCIP, RPP, Community Planner Report Reviewed by: Pawan Gill, M.C.P., Community Planner

Executive Summary: The applicant is seeking to subdivide an existing, undeveloped lot into two (2) ~1.33 acre properties intended for residential development. Variances are required for both lots, which do not comply with the minimum required site area of 60,000 sq. ft. (~1.38 ac.) in the “RR” Rural Residential Zone. The proposed subdivision is subject to a Public Hearing. As the application is generally consistent with the Development Plan, Lockport Settlement Centre Secondary Plan, and Zoning By-Law, the Red River Planning District Office recommends approval of the application, subject to conditions. A report outlining policy compliance, comments received, analysis, options and recommendations for Council’s consideration follows this summary. Attached to the report are the following:

1. The applicant’s Subdivision Application Map (“SAM”); 2. The applicant’s letter of intent;


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3. Comments received from commenting agencies in order of date received; and 4. Any additional supportive documentation including a complete list of related by-

law policies and maps prepared by the RRPD Office for discussion purposes. Proposal Overview Current Site Area: ~2.67 acres (1.08 Ha.) Current Use of Site: Vacant Proposed Number of New Lots: 1 (not including residual) Proposed Use of Site: Residential

1. Development Plan Compliance…………………………………….In Compliance

Development Plan By-law No. 190/08 Land Use Designation: “GD” General Development (Noted policies below from GD Section) Policies for Consideration: In addition to the policies described in Part III and IV, the following policies are established:

1. Urban land uses within the General Development areas shall be limited to ensure compatibility with existing land uses. Any new development shall occur in such a manner so that adjoining land uses are compatible and potential conflicts between uses is minimized. The use of buffers may be required to minimize conflicts;

2. Expansion of general development areas shall be directed away from prime agricultural land, livestock production operations and other resource-related uses to avoid incompatibilities and so that land is not prematurely taken out of production or its use prematurely inhibited.

3. Developments that create hazardous situations or are subject to environmental hazards shall not be permitted unless the hazard has been removed or appropriate remedial measures have been taken that will protect life and property and are within the guidelines of provincial environmental and health authorities.

4. Minimum lot sizes shall be established in the respective Zoning By-laws to permit effective on-site disposal of sewage and to minimize the risk of groundwater pollution. Where lot sizes and soil conditions can not support the effective operation of a septic field, holding tanks shall be used.

5. Subdivision and higher density residential development may be considered to enable improved municipal services such as piped sewer and water.

6. The growth of General Development areas bordering one side of a provincial highway shall be directed to that side of the highway.

7. Proposals involving large multi-lot subdivisions shall require the preparation of secondary plans.

8. Development proposals within areas which are currently zoned to allow for subdivision will be reviewed and considered on the basis of the anticipated outcome of secondary plans within the vicinity.


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Page 3 of 13

9. Agricultural activities which may have a negative affect on the quality of life within settlement centres will be restricted in close proximity thereto. A buffer zone that limits agricultural activity and land use in close proximity to settlement centres shall be established in the Zoning By-law. Relocation of conflicting land uses will be encouraged.

10. Mixed Use Nodal areas shall seek to provide a range of housing options and goods and services to the local community, while reducing reliance on automobiles and promoting sustainable development practices.

11. All future subdivisions within General Development areas shall be serviced with municipal wastewater services. Holding tanks are only to be used should municipal services not yet be available (See SDPA Wastewater Management Plan for more detail). If holding tanks are used, they must be located to enable future connection to municipal services. Properties utilizing holding tanks must connect to municipal services once available

2. Secondary Plan Compliance………………………………. In Compliance

Lockport Settlement Centre Secondary Plan By-law No. 4197 Land Use Designation: “Existing Residential” Policies for Consideration (in addition to the remaining policies of the Secondary Plan): 4.2.2 Residential Infill Policies

1. The infill of new housing on vacant residential lands within residential areas shall be encouraged.

2. Development shall be compatible and consistent with the existing neighbourhood in terms of setbacks, scale and character.

3. The subdivision of existing lots to permit an increase in residential densification shall be encouraged.

4.2.3 New Residential Policies

1. New residential development should generally occur in a contiguous manner. 2. New residential development that is constructed before wastewater services are

available shall locate the dwelling unit and accessory buildings to one side of the lot to allow for future subdivision into smaller parcels.

3. Once wastewater servicing to the area is available, new residential development shall be constructed at a target density of three dwelling units per acre.

4. Priority shall be given to the development of residential lands that tie into proposed sewer and/or water trunk services.

5. Residential development will be encouraged to develop adjacent to existing residential development. Lot-by-lot development or leap-frog development that would result in the isolation of existing residential uses and inefficient utilization of municipal services shall not be supported.

6. Where applications for residential land developments with 5 or more lots are proposed, Council may request information such as an overall landscape plan, traffic impact study, active transportation network plan and building design information in order to ensure a high-quality development.

7. Provision should be made for a wide variety of housing types that include single-family and multi-family developments as well as a mix of tenure option. A ratio of


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Page 4 of 13

single-family to multi-family should be determined as part of the overall concept plan for each new development area in both Single-family and Multi-family Residential designations.

8. Applications for new residential subdivisions with 5 or more lots shall include: a. A storm water and drainage management plan. b. A water and waste water servicing plan. c. Where possible, maintaining views of open spaces, Mirey Creek and the

Red River. d. Develop a pathway plan that connects into the proposed pathway plan on

Map 2A and Map 2B or the identification of connections and easement for future pathways to connect to adjacent subdivisions.

e. Develop a roadway plan that connects to the existing road network and provides efficient vehicular access on collector streets.

f. Street naming that reflects the history and heritage of the Lockport Settlement Centre.

g. Landscaping.

4.3.3 Ecologically Sensitive Area Policies

1. Landowners and developers shall be encouraged to protect and incorporate the marsh area south of Stevens Avenue near the Red River (identified on Map 1B) and the stand of trees north of Sussex Drive (identified on Map 1A) into areas of visual and ecological interest.

2. The preservation of mature trees and other ecologically sensitive vegetation shall be encouraged.

3. Zoning By-Law Compliance

Zoning By-law No. 4066 Land Use Zoning: “RR” Rural Residential Applicable Table: Table 14 – Residential Bulk Table

Site Area Required: min. 60,000 sq. ft. (~1.38 acres)

Proposed Lot 1: ~1.33 acres Not In Compliance Proposed Lot 2: ~1.33 acres Not In Compliance

Site Width Required: 198 ft. (min.)

Proposed Lot 1: ~min. 230.315 ft. (70.2 m)* In Compliance Proposed Lot 2: ~min. 131.79 ft. (40.17 m)* Not In Compliance

* Verified Site Width measurements were provided by Applicant’s Land Surveyor by email on January 21, 2020. Please note, proposed lots that are not in compliance will require variance approval from Council.

4. Proposed Servicing and Infrastructure


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Wastewater Services – municipal sewer & holding tank (proposed) Requirements: As per MR 83/2003 Onsite Wastewater Management Regulation & Municipal Standards.

Drinking Water Requirements – Individual Well (proposed) Requirements: As per Manitoba Conservation & Climate and Municipal Standards.

Road Standards - Municipal Road Requirements: Culvert (Driveway) access permit to be obtained through the Municipality where required. Statutory requirements from Manitoba Infrastructure will require permits for access and development prior to development (see comments from Manitoba Infrastructure attached to Council package).

Drainage – Ditches Requirements: Must meet provincial and municipal requirements.

5. Circulation to Government Agencies

R.M. of St. Andrews (Administration) Comments: The R.M. of St. Andrews has reviewed the above noted subdivision application and requires the following condition(s) of approval:

1. Applicant / owner submits confirmation in writing from the Municipality stating that:

a. taxes on the land to be subdivided for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made.

b. payment of any applicable capital development levies has been made.

2. Applicant / owners enters into a development agreement with the Municipality to address items including, but not limited to

a. a engineered lot grading plan; b. an engineered servicing plan; c. tree retention d. any other standard deemed necessary by the

Municipality. 3. Applicant / owner registers a declaration of right of way or

easement agreement for a shared access across proposed Lot 1 to proposed Lot 2.

Municipality has noted that condition #3 does not replace the requirement

For the applicant to obtain all necessary permits from Manitoba Infrastructure.

Contact: Jessica Ferris, Planning and Development Project Coordinator, 204-738-2264


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Page 6 of 13

Manitoba Agriculture (Agr.) Comments: A this is zoned for rural residential use, Manitoba Agriculture

and Rural Development has no comment.

Manitoba Infrastructure (MI) Comments: Based on all available information, we do not object to this

subdivision. It appears that Sussex Drive is a municipal road. The location of the proposed accesses is not ideal. It is our recommendation that the proposed access locations not obstruct the traffic safety onto Sussex Drive. In order to mitigate this, Sussex Drive could be extended northwards.

(See attached correspondence to Council Package for further details and

statutory requirements indicated by MI) Please note, Manitoba Infrastructure has provided further clarification

comments on March 5, 2020 (correspondence attached to package).

Manitoba Conservation and Climate – Environmental Compliance and Enforcement (Manitoba Conservation and Climate) Comments: No concerns at this time.

Manitoba Sustainable Development - Water Stewardship (SDWS) Comments: On behalf of the Drainage and Water Rights Licensing

Branch, there are no concerns (see attached correspondence to Council Package for further details).

Office of Drinking Water (ODW) Comments: The proposed subdivision involves residential lots to be

serviced by individual wells, intakes or cisterns. Individual wells, intakes or cisterns serving one single residential dwelling only are not regulated under the Drinking Water Safety Act. As a result, the Office of Drinking Water has no direct regulatory involvement

(see attached correspondence to Council Package for further details).

Winnipeg Land Titles Office (WLTO) Comments: There is an error on the title with regards to mines and minerals, this will be corrected. (exc from the nly 198 feet should be exc M&M’s according to transfer B72519) In order to accommodate the various mines and minerals exceptions a 3 parcel plan of survey is required. Planning must provide title issuing instruction as to the parcels, i.e. Parcels A & B to form one title.


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Contact: Victor Castelli, Survey Examiner, 204-945-6289

East Interlake Conservation District (EICD) Comments: No concerns at this time.

Heritage Resource (HRB) Comments: The Branch reviewed subdivision S19-2838 and has heritage concerns and is, therefore, requesting an HRIA. Please find attached a copy of our heritage screening memo that outlines some of our heritage concerns as well as information about the HRIA process and list of archaeological consultants that can be forwarded to the applicant. Contact: Suyoko Anne Tsukamoto, Senior Impact Assessment Archaeologist at 204-945-3893

Manitoba Infrastructure (Water Management, Planning and Standards -WMPS-MI) Comments: No comments received during circulation period. Contact: Robert Belton, Development Review Officer at 204-945-2121

6. Circulation to Utilities and Other Services

Manitoba Hydro (MB Hydro) and Centra Gas Comments: Manitoba Hydro will require easements. Centra Gas Manitoba Inc. has no easement requirements. (see correspondence attached to Council Package).

Shaw/BellMTS Comments: BellMTS will require easements. Shaw has no requirements on this file.

Lord Selkirk School Division Comments: No issues.

Canada Post Comments: No requirements.

7. Analysis

The applicant is seeking to subdivide the existing ~2.67 acre property into two 1.33-acre parcels intended for future residential development. Both lots require variances, as the minimum required site area in the “RR” Rural Residential Zone is 60,000 sq. ft. (~1.38 acres). The site width of Proposed Lot 1 exceeds the minimum requirement of 198 feet; however, Proposed Lot 2 is less than this requirement. As such, a condition of approval has been added that would require the applicant to obtain the necessary variances for undersized lots.


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Page 8 of 13

The subject property is designated “GD” General Development in the Development Plan and as “Existing Residential” in the Lockport Settlement Centre Secondary Plan. The application is generally consistent with these plans, which encourage the subdivision of existing lots in order to enable improved municipal services as well as encourage for infill development. The applicant has indicated that the proposed lots will be serviced by municipal sewer and holding tank, as well as, individual wells. As per both Development Plan and Secondary Plan policy, all new development shall connect to municipal wastewater sewer lines when available. Holding tanks are only to be used should municipal services not yet be available, and must be located to enable future connection to municipal services. A development agreement shall be required in order to address the provision of these services and Municipality has indicated that an engineered servicing plan be part of the Development Agreement to address future connections and holding tank placement. The Development Agreement shall also be used to ensure that structures are located to one side of the lot, in order to allow for future subdivision into smaller parcels once wastewater servicing to the area is available (Policy 2, Section 4.2.3). Council may consider if this needs to be included as part of the conditions. Should Council choose, a Development Agreement could also be used to protect the stand of trees on the subject property, specifically identified in the Secondary Plan as an ecologically sensitive area that landowners and developers shall be encouraged to protect and incorporate “into areas of visual and ecological interest” (Policy 1, Section 4.3.3). A condition regarding tree retention was directed by Municipality to be included in the Development Agreement. The applicant is proposing access to the lots from Sussex Drive, a municipal road, be provided from two existing driveways. However, Manitoba Infrastructure has indicated that the location of these accesses is not ideal in terms of traffic safety, and has recommended the Municipality consider extending Sussex Drive northwards as a potential solution. Although an extension of Sussex Drive is not specifically contemplated in the Lockport Settlement Centre Secondary Plan, Objective 1 of Section 4.10.1 is “To provide a safe and efficient transportation network for both vehicular traffic and pedestrian traffic”. In order to address this concern, the Municipality has indicated the applicant / owner registers a declaration of right of way or easement agreement for a shared access across Proposed Lot 1 to Proposed Lot 2 (see Condition No. 3). Please note, our office on March 5, 2020 has received direction from Manitoba Infrastructure that for a declaration of right-of-way originating at Proposed Lot 1 and extending to Proposed Lot 2 will require permit as a condition on this subdivision. The applicant / owner should submit a copy of the declaration of right-of-way when applying for the permit. Manitoba Infrastructure has indicated if existing access to Proposed Lot 2 has been developed and/or continued to be used and/or available for use, this access should be removed. Condition #4 has been added for the applicant to obtain all required approvals for access from Manitoba Infrastructure.


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Page 9 of 13

The Historic Resources Branch (HRB) has indicated that they have heritage concerns and is therefore requesting a Heritage Resources Impact Assessment. Comments received from HRB states historic parish maps show these lots contained a number of structures and were bisected by a major cart. The trail lead to a significant fort in the area, Lower Fort Garry. HRB indicates that these factors, to name a few, were reasons they stated to have concerns and indicated that the applicant complete a Hertiage Resources Impact Assessment (HRIA) as a condition on this subdivision. As such, a related condition has been added for Council’s attention. Please note, Development Plan policy states that municipalities shall encourage and facilitate the identification of heritage resources (Policy 1, Part 4 under the ‘Heritage’ heading).

Aside from Manitoba Infrastructure and the Historic Resources Branch, comments from other government agencies generally noted no concerns. Easements are required for Manitoba Hydro and BellMTS. Council may add conditions of approval as per Section 135 of The Planning Act (see Appendix A). As such, any recommendation or requirement from a government department or other entity to which the application was referred by the approving authority can be addressed through the conditions recommended below. Based on the analysis provided above, this proposed subdivision application is generally consistent with Development Plan, Secondary Plan, and Zoning By-Law; therefore, our office has no concerns regarding this proposed subdivision.

8. Options

Under Section 125(1) of The Planning Act, 'where the council of a municipality receives an application pursuant to Section 124(2), it shall, after considering the application, by resolution (a) reject or refuse to approve the application for subdivision; or (b) approve the application for subdivision, without conditions or with conditions as set out in Section 135.'

9. Recommendations and Conditions

Based on the analysis above, our office recommends approval of the application. Should Council wish to approve the application, our office recommends the following conditions be placed: 1. Applicant / owner submits confirmation in writing from the Municipality stating

that: a. taxes on the land to be subdivided for the current year plus any

arrears have been paid or arrangements satisfactory to Council have been made; and,

b. payment of any applicable capital development levies has been made.


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2. Applicant / owner enters into a Development Agreement with the Municipality to address items including, but not limited to:

a. an engineered lot grading plan; b. an engineered servicing plan; c. tree retention; and, d. any other standard deemed necessary by the Municipality.

3. Applicant / owner registers a declaration of right of way or easement

agreement for a shared access across Proposed Lot 1 to Proposed Lot 2.

4. Applicant / owner submits written confirmation from Manitoba Infrastructure that all required approvals related to access have been obtained with regards to a declaration of right-of-way agreement originating at Proposed Lot 1 and extending to Proposed Lot 2 and removal of the existing access on Proposed Lot 2, if required.

5. Applicant / owner obtains all required variances. Please note, applicant to

verify site areas/dimensions or have this information submitted by the applicant’s Manitoba Land Surveyor.

6. Applicant / owner submits written confirmation from Manitoba Hydro that an

Easement Agreement(s) has been entered into with Manitoba Hydro with respect to existing and / or future facilities associated with the subdivision and a Plan of Easement, as required by The Real Property Act, has been provided. Registration of this agreement will be included as a condition of the final Certificate of Approval. Contact Manitoba Hydro at (204) 360-4399, 12-360 Portage Ave., Winnipeg, MB R3C 0G8.

7. Applicant / owner submits written confirmation from BellMTS that an

Easement Agreement(s) has been entered into with BellMTS with respect to existing and/or future facilities associated with the subdivision and a Plan of Easement, as required by The Real Property Act, has been provided. Registration of this agreement will be included as a condition of the final Certificate of Approval. Contact BellMTS, Property Acquisition Department, Attention: Mr. Cam Dryden, Survey Coordinator, at (204) 958-1768, P.O. Box 6666, BW100P, Winnipeg, MB R3C 3V6.

8. Applicant / owner to submit written confirmation from Manitoba Sport, Culture

and Heritage (Manitoba Historic Resources Branch) that a Heritage Resources Impact Assessment has been completed for the planned area at their own expense and any mitigation processes required have been completed to the satisfaction of Manitoba Historic Resources Branch. Contact Suyoko Anne Tsukamoto, Senior Impact Assessment Archaeologist at 204-945-3893.

Note: The following Requirements will be added and are not part of Council’s Resolution should the application be conditionally approved by the Red River Planning District Board, being:


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A. Land Titles will require a 3 parcel plan of survey in order to accommodate the various mines and minerals exceptions. There is an error on the title with regards to mines and minerals, this will be corrected (exc from the nly 198 feet should be exc M&M’s according to transfer B72519). Planning must provide title issuing instruction as to the parcels, i.e. Parcels A & B to form one title. Please submit the surveyor’s final plan tentatively approved by the Examiner of Surveys: one (1) original mylar, two (2) mylar copies and three (3) paper prints. If you have concerns with these requirements, please contact the District Registrar in the Winnipeg Land Titles Office.

B. The Red River Planning District requires that the surveyor’s drawing includes lot area and site width calculations, and confirmation that Crown land is not involved in the proposal.

C. The Red River Planning District requires that the applicant provides a geo-referenced (UTM 14 NAD 83), digital plan of subdivision.

D. The Red River Planning District requires that the applicant / owner submits a

lot fee payable for each additional parcel or lot resulting from the approval of the subdivision as per the Fee Schedule at the time of Certificate of Approval issuance.

Cc: Applicant, MR-CRP, R.M. of St. Andrews, WLTO, MB Hydro, BellMTS, HRB, MI


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Page 12 of 13

Appendix A: The Planning Act Section 135 As per The Planning Act a subdivision of land may be approved subject to one or more of the following conditions, which must be relevant to the subdivision:

1. Any condition necessary to ensure compliance with this Act or another Act, or the regulations made under them, or a development plan by-law, secondary plan by-law or zoning by-law.

2. Any condition necessary to satisfy the requirements of a municipal by-law, including the payment of subdivision examination fees and capital levies, and the requirement to pay property taxes.

3. A condition that the applicant enter into a development agreement with the government, the municipality or a planning district, as required, respecting

a. the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access, connections to existing services, fencing and landscaping;

b. construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and

c. the use of the land and any existing or proposed building.

4. Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority.

5. Any condition necessary for the proper design of the subdivision or to implement the reorganization of titles.

6. A condition that the applicant dedicate the following land, without compensation:

a. land for adequate public roads and municipal services in the subdivision;

b. land for public reserve purposes, not exceeding 10% of the land being subdivided, but only if the land is being divided into parcels of less than 4 hectares;

c. land for school purposes, not exceeding 10% of the land being subdivided;

d. land not suitable for building sites or other development because it is unstable, subject to severe flooding, required for source water protection, or is otherwise unsuitable because of topographical or subsurface features, such as wetlands, gullies, ravines, natural drainage courses, creeks, ponds or lake beds;

e. shore lands designated in a development plan by-law as land to be dedicated upon subdivision as a Crown reserve or a public reserve, including land that is or might be required to provide access to shore lands.


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7. As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land.

8. A condition that a zoning by-law be amended.

St. A - A80 sub template · 2020-03-05 · 806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4 Toll...

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