What is S17-2759 Amendment to Subdivision about? The amendment to this subdivision is to approve the removal of only condition #3 for this subdivision. Condition #3 required the applicant to dedicate a one (1) meter wide strip along Two Mile Road (Whiskey Ditch Road). The previous conditionally approved subdivision S17-2759 seeks to create three (3) lots from two existing titles through a boundary adjustment. We are Listening Public Hearing Tuesday, August 14, 2018 4:00 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: www.redriverplanning.com For more information please contact the Red River Planning District. Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk 8:30-4:15 PM *excludes all statutory holidays *NOTE: Property owners are responsible for notifying “Tenants”
Transcript
What is S17-2759 Amendment to Subdivision about? The amendment to this subdivision is to approve the removal of only condition #3 for this subdivision. Condition #3 required the applicant to dedicate a one (1) meter wide strip along Two Mile Road (Whiskey Ditch Road). The previous conditionally approved subdivision S17-2759 seeks to create three (3) lots from two existing titles through a boundary adjustment.
RECOMMENDATIONS: That the R.M. of St. Andrews Council approves the removal of Condition #3 for conditionally approved subdivision S17-2759.
POLICY ALIGNMENT: Section 126(4) of The Planning Act outlines that the approving authority may add to, vary or rescind a condition it imposed under subclause (2)(b)(ii).
EXECUTIVE SUMMARY: On July 13, 2018, the Red River Planning District received an email from Community and Regional Planning Branch with comments regarding condition #3 of subdivision application S17-2759. This condition involved the dedication of a one (1) meter wide strip of land along Two Mile Road (Whiskey Ditch Road), without compensation, as a public reserve to the municipality in order to bring the proposal in conformance with The Planning Act Subdivision Regulation 137/2006. Community Regional Planning from their correspondence supports the removal of this condition.
DISCUSSION:
This application was originally given conditional approval by Council on February 13, 2018 and after Red River Planning District sent out a conditional approval letter on March 22, 2018. Council’s original resolution, the planning report, and supportive mapping have been included as attachments to this Council report. Furthermore, attached is a correspondence for policy clarification comments submitted by Community Regional Planning Branch for the removal of condition #3. The Red River Planning District did recommend approval of this subdivision within the planning report (see attachment) and will the support policy clarification comments received by Community Regional Planning Branch (Department of Municipal Relations). Therefore, recommend that condition #3 should be removed from the Subdivision requirements.
The subdivision as proposed and conditionally approved, generally meets the RRPD’s Development Plan policies and R.M. of St. Andrews Zoning By-Law. An amendment to remove condition #3 will allow the opportunity for the applicant to move one step closer to completing the requirements for subdivision application.
REPORT PREPARED BY: Report Author: Pawan Gill, MCP, B. Envd., Community Planner
Reviewed By: Jennifer Ferguson, MCIP, RPP, CMMA, Executive Director
Cc: Applicant/owner, MR-CRP, R.M. of St. Andrews
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Fax: 204-482-3799
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Attention to: Council R.M. of St. Andrews
SUBDIVISION REPORT Date: January 31, 2018
File Number: S17-2759 – Fey (Donald Larry Fey) Address: 1286 & 1292 Breezy Point Road Municipality: R.M. of St. Andrews Legal Description: Parcel A & B, Plan 28378; RL 62, Plan 17699 Roll Number: 404000 & 404050
Report Prepared by: Pawan Gill, M.C.P., Community Planner
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Fax: 204-482-3799
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1. Proposal Overview Current Site Area: ~202.28 ac. Current Use of Site: Agricultural and Residential Proposed Number of New Lots: 3 Proposed Use of Site: Agricultural and Residential
2. Development Plan Compliance…………………………….. In Compliance
Development Plan By-law No. 190/08 Land Use Designation “RA & RR” - Resource and Agricultural & Rural Residential Applicable Policy Number(s): 7 c. (RA Policy) and Policies 12, 15, 16, 17 (RR Policies)
Resouce and Agricultural Policies
7 c. Where a site has been physically separated as a remnant parcel in the development of a transportation corridor or a major drain, cannot reasonably be used for farming purposes, and will not create a land use conflict if subdivided.
Rural Residential Subdivision Policies
12. Rural residential developments shall be sited to minimize conflict with
adjacent uses and shall adhere to the following siting criteria: a. Is sited as an infill development between existing clusters of Rural
Residential Development; b. Can be adequately protected from hazards associated with flooding,
land erosion, bank stabilization, and other natural hazards; c. All services can be provided with reasonable efficiency and without
undue cost to the municipality and that the configuration of the lots does not increase the difficultly for the municipality to provide wastewater sewer services in the future;
d. Lot sizes be no less than 2.0 acres if domestic effluent is disposed of on-site and to accommodate future proper functioning of a septic field or other approved method of on-site disposal;
e. Lot configurations are not wasteful of land and facilitate the expansion of wastewater sewer services in the future;
f. Is directed away from existing or approved intensive livestock operations; and meet the distance setback requirements from livestock operations as outlined by Provincial Regulations;
g. The subdivision shall take into account the need for an adequate supply of potable water which may involve provision for wells, or a water hauling system;
h. The developer / proponent may be required to obtain a Water Rights License for any surface drainage associated with subdivision development / activities;
i. Roads and buildings shall be carefully located in order that natural vegetation shall be disturbed as little as possible;
j. The site should not be subject to flooding or other natural hazards, such as erosion, and should have adequate surface drainage; and
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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k. The site be adjacent to and have direct frontage and access on a developed public all-weather road.
15. Subdivisions shall be linked to the transportation network and facilities by
a road in such a manner that it least interferes with through traffic on provincial roads and highways. Integration with existing subdivisions should also be considered.
16. Subdivision design shall minimize impact to ecologically sensitive lands
and consider all modal transportation options for future residents.
17. No subdivision of land shall be permitted within 400 meters of an abandoned or active sewage lagoon and waste disposal ground unless approved by the appropriate environmental authority. The subdivision of land within 400 meters of an abandoned sewage lagoon or waste disposal ground may be permitted if it can be demonstrated that methane gas generated will not create a problem to the development and be confirmed by Manitoba Conservation.
Please note, the proposed lots (RR designated lots) within this subdivision application are separated by Breezy Point Road from the residual lot (RA designated lot). The proposed lots are existing lots; however, will involve a boundary adjustment with no new lots being created within the RR designated portion of this subdivision. In addition, the lot size after the boundary adjustment would be greater than 2 acres. Therefore, the proposed subdivision application would be in compliance to the Development Plan Policies.
3. Secondary Plan Compliance……………………………….. Not Applicable
4. Zoning By-Law Compliance
Zoning By-law No. 4066 Land Use Zoning: “A40 & RR” - Agricultural Limited & Rural Residential Zones Applicable Table: Agriculture & Residential
Site Area Required: 40 acres (A40 Zone) & 60,000 sq. ft. (~1.38 acres) Proposed Lot 1 (RR Zone) = ~10.26 acres In Compliance Proposed Lot 2 (RR Zone)= ~5.14 acres In Compliance Residual Lot (A40 Zone) = ~186.88 acres ac. In Compliance
Site Width Required: 300 ft. (min.) with AR Zone; 198 ft. (min.) within RR Zone.
Proposed Lot 1 (RR Zone) = ~300 ft.; In Compliance Proposed Lot 2 (RR Zone) = ~250 ft. In Compliance Residual Lot (A40 Zone) = ~550 ft. ft. In Compliance
5. Proposed Servicing and Infrastructure
Wastewater Services - Present: Septic Field
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Requirements: As per MR 83/2003 Onsite Wastewater Management Regulation
Drinking Water Requirements - Present: Individual Well Requirements: As per Manitoba Conservation Water Stewardship
Road Standards - Provincial Road Requirements: Standard permit requirements for access, change of use, development of land, and placement of structures within Highway Control Areas as per the Highways Protection Act.
Drainage - Natural and Existing Drainage Requirements: Must meet provincial and municipal requirements.
6. Circulation to Government Agencies
Manitoba Agriculture, Farming and Rural Development (MAFRD) Comments: Manitoba Agriculture has no concerns with the proposed
subdivisions which creates a residual parcel of 186.88 acres in the Resource and Agriculture Area, as it complies with subdivision policies.
Manitoba Indigenous and Municipal Relations (MR) Comments: No Comments Received.
Manitoba Infrastructure (Highway Planning and Design Branch) Comments: Will Not Object. Please see attached correspondance to
Council Package regarding Statutory Requirements with respect to any new, modified, or relocated/removed access onto PR 320 requires permit from Manitoba Infrastructure. As well, permit is also required from this department for any construction or placement of structures or objects on, above or below ground level within 38.1m (125 feet), or to place any planting within 15.2m (50 feet) from the edge of this highway right-of-way.
Manitoba Sustainable Development - Compliance and Enforcement (SDCE) Comments: No Concerns
Manitoba Sustainable Development - Water Stewardship (SDWS) Comments: On behalf of the Drainage and Water Rights Licensing
Branch, there are no concerns. Please remind the proponent that all water control works (drains, culverts, dykes, dams, etc.) require licensing under the Water Rights Act - an application is attached for their convenience.
Contact: Dan Roberts, Water Resource Officer - Ph: (204) 641-1331
R.M. of St. Andrews (Administration) Comments: No Concerns, Please include the following as conditions of
approval: Applicant / owner submits confirmation in writing from the Chief Adminstrative Officer of the Municipality that: a) taxes on the land
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Fax: 204-482-3799
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to be subdivided for the current year plus any arrears have been paid; and b) any applicable capital development levies have been paid.
Additional Information: -No runoff concerns. No change in land use or number of residential lots. Full drainage plan not recommended to be required. -The property is located next to the Red River and may experience flooding. Designing to regulations, meeting a flood protection elevation or having a flood protection plan is recommended.
Natural Resources Canada (NRCAN) Comments: No Comments Received
Office of Drinking Water (ODW) Comments: This proposed subdivision involves a residential lot to be
serviced by an individual well. Individual wells serving one residence are not regulated under The Drinking Water Safety Act. As a result, the Office of Drinking Water has no direct regulatory involement.
Water Management, Planning and Standards (WMPS-MI) Comments: states “If the land is subject to flooding all permanent structures must be
located on building sites which have been raised with clean, impervious fill to the corresponding flood protection level (design flood level plus allowances for wind setup and wave uprush. Flood protection should be provided in accordance with the following recommendations. Alternative methods of flood protection may be considered if they provide an equivalent level of flood protection and are approved by Council in consultation with Manitoba Water Stewardship’
Water Management, Planning and Standards recommends that if this
subdivision is approved, all future permanent structures must be provided with flood protection. Flood protection would entail raising the building site with clean impervious fill to the flood protection level of 221.13 metres (725.5 feet) CGVD28.
This proposed subdivision is within the boundary of the Lower Red River
Designated Flood Area, and as such the development of permanent structures is subject to Section 17 of the Water Resources Administration Act and Manitoba Regulation 59/2002. Should this application be approved, and additional development occurs the purchasers of the proposed lots must obtain Designated Flood Area Permits from Water Management, Planning and Standards, Manitoba Infrastructure and flood protection must be provided for all permanent structures. The Designated Flood Area Permit Application is attached.
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Fax: 204-482-3799
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Contact: Michelle Methot, Development Review, Ph. 204-918-2869
Winnipeg Land Titles Office (WLTO) Comments: Land titles will require a Multi Parcel Plan of Survey as
proposed. Consolidation requirements must be set out as a condition of registration on the Certificate of Approval. Please advise applicant that Mortgage 4305075/1 on CT 2615259/1 is to be discharged or amended to align with new lot lines.
Contact: Victor Castelli, Survey Examiner, Ph: 204-945-6289
7. Circulation to Utilities and Other Services
Manitoba Hydro (Mb Hydro) and Centra Gas Comments: Manitoba Hydro requires easements; Centra Gas requires easements. Please note attached correspondance on Council package for detailed comments for easement requirements. Contact: Daniel Akerstream, [email protected], Ph: (204) 360-4850
Shaw/BellMTS Inc. Comments: BellMTS Inc. and Shaw have no easement requirements
Canada Post Comments: No Requirements
School Division Comments: No Issues
8. Analysis
This proposal is generally in keeping with the intent of the Development Plan and the Zoning By-law. The subdivision and meets the minimum site width and area requirements. The subject properties are along an existing road. However, it should be noted that the residual lot within this application does contain dual frontage along Breezy Point Road and Two Mile Road (Whiskey Ditch Road). As per The Planning Act Subdivision Regulation 137/2006 (Regulation 4 (c)), lot requirements for land proposed to be subdivided must not front on two parallel or approximimately parallel streets, except where land is intended for a shopping centre, industrial development or similar type of use. Adherence to this regulation is a requirement for subdivision approval. To address this regulation and requirement for approval within the Planning Act, the Red River Planning District is recommending that a public reserve strip of land be taken to prevent dual frontage of the residual lot. As a conditon on this
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
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Fax: 204-482-3799
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subdivision, the applicant / owner would be required to enter into a Development Agreement with the municipality for the public reserve strip. Furthermore, a conditions has been included within the recommendation section of this report. From the provincial government agencies and departments, overall there were no concerns with the proposed subdivision. However, Manitoba Infrastructure (Water Management, Planning and Standards) stated if the subdivision is approved and additional development occurs the purchasers of the proposed lots must obtain Designated Flood Area Permits from Water Management, Planning and Standards, Manitoba Infrastructure. Flood Protection must be provided for all permanent structures, which can be addressed at the Building Permit application stage. Please note, Manitoba Hydro and Centra Gas would both require easements (see attached correspondance to Council Package).
9. 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.'
10. 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 Chief
Administrative Officer of the municipality 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. ensures payment of any applicable development levies.
2. Applicant / owner submits written confirmation from Manitoba Hydro and Centra Gas that an Easement Agreement has been entered into with Manitoba Hydro and Centra Gas with respect to existing and / or future facilities associated with the subdivision. Registration of this agreement will be included as a condition on the final Certificate of Approval. Contact Manitoba Hydro at (204) 360-4399, 1-820 Taylor Ave., Winnipeg, MB R3M 3T1.
3. Applicant / owner dedicates a one (1) meter wide strip of land along Two Mile
Road (Whiskey Ditch Road), without compensation, as a public reserve to the
806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4
Toll Free: 800-876-5831 Phone: 204-482-3717
Fax: 204-482-3799
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municipality in order to bring the proposal in conformance with The Planning Act Subdivision Regulation 137/2006.
4. Applicant / owner provides a geo-referenced (UTM 14 NAD 83), digital plan of
subdivision to the Red River Planning District and to the municipality.
Note: The following will be added as a requirement should the applicant be conditionally approved:
A. The Winnipeg Land Titles Office requires a multi-lot Plan of Survey prepared by a Manitoba Land Surveyor. Consolidation requirements must be set out as a condition of registration on the Certificate of Approval. Mortgage 4305075/1 on CT # 2615259/1 is to be discharged or amended to align with new lot lines. 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.
Cc: Applicant, Manitoba Hydro, Centra Gas, R.M. of St. Andrews, WLTO, MR
