Analysis: Development Plan Designation = RA Resource and Agriculture Not In Compliance

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2 806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4 Toll Free: Phone: Fax: Date: September 22, 2016 File: S To: From: Location: Andrew Weremy, CAO Rural Municipality of St. Andrews Derek Eno, MCIP Senior Community Planner Part of SE ¼ EPM, SP Lot 3 Plan 19058, and Part of Lot 6 Blk 2 Plan WLTO, Lot 2 Blk 3 Plan WLTO, N ½ of ¼ EPM 1237 Braken Rd. & Bell Rd. Assessment Roll Number(s) & R.M. of St. Andrews Issue: The intent of this application is to re-align the lot boundary in order to expand the Clandeboye Waste Disposal Grounds to accommodate a required buffer area, to separate a waste disposal grounds from other land uses. Background: The subject properties are located north of Bell Road and to the west of Hwy No. 9. Currently the properties are designated RA Resource and Agriculture and zoned A80 Agricultural General. The applicant is proposing to adjust the common boundary as shown on the attached Location Map. It is the RRPD s understanding that the purpose of this application to accommodate a required buffer area, to separate a waste disposal grounds from other land uses. Analysis: Development Plan Designation = RA Resource and Agriculture Not In Compliance The subject property is designated as Resource and Agriculture within the Development Plan. The Resource and Agriculture designation is intended to reserve land for agricultural and other natural resource related industries and uses. Policy 6(f) within the Resource and Agriculture designation section outlines that new lots should generally be 80 acres in size. Policy 8 of this same section of the Development Plan outlines that no subdivision shall take place within 400 meters of an active waste disposal grounds. Some conditions of approval will be needed to address some of the subdivision policies listed in the Development Plan (e.g. overland flooding).

3 Zoning By-law: Zone = A80 Agricultural General Required Site Area = 80 acres Proposed Lot 1 (CT /1): acres +/-.....In Compliance Proposed Lot 2 (CT /1): acres +/-....Not In Compliance Required Site Width = 300 ft. min. Proposed Lot 1 (CT /1): 1,990ft. +/-.....In Compliance Proposed Lot 2 (CT /1): 1920ft. +/-.... In Compliance Varaince required for the lots which do not conform to the minimum required lot dimensions. Comments: In order to assess this application, comments were requested government agencies, and the comments received are summarized as follows: Agriculture: Canada Post: Centra Gas: Conservation (Water Control Works): Conservation (Environmental Compliance): Hydro: Land Titles: MIT (Highway Planning): MTS: No concerns. No comments. No easements required. No concerns. No concerns. No easements required. Require a 1 parcel plan of survey and proposed parcel to be consolidated with Title No Mortgage No will need to be partial discharged as to proposed parcel. Do not object to approval of application. Easements required.

4 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) (b) reject or refuse to approve the application for subdivision; or approve the application for subdivision, without conditions or with conditions as set out in Section 135. Recommendations: Section 123 of The Planning Act outlines the criteria for subdivision approval which is as follows: Restriction of approvals 123 A subdivision of land must not be approved unless (a) the land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended; and (b) the proposed subdivision conforms with (i) the development plan by-law and zoning by-law; (ii) any secondary plan by-law, and (iii) the regulations under section 146. This application does not meet the minimum lot sizes as outlined in the Development Plan or Zoning By-law, and involves a subdivision application of land within 400 meters of an active waste disposal grounds. However, the application involves the property on which that active waste disposal grounds is located, and the purpose is to adjust a common boundary / property line to create an appropriate buffer between the waste disposal grounds and the adjacent farm land. For this reason and perspective, the approval of the application may have merit, and Council may wish to consider approval. Conditions: Should Council wish to approve this application our office recommends that the following conditions be attached: 1. Applicant / owner submits confirmation in writing from the Chief Administrative Officer of the Municipality that: - 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.

5 2. Manitoba Land Surveyor prepares a 1 parcel plan of survey and proposed parcel to be consolidated with Title No Mortgage No will need to be partial discharged as to proposed parcel. 3. Applicant / owner provides a digital copy of the survey plan of subdivision to the R.M. of St. Andrews. 4. Applicant / owner obtain required variance approval. 5. Applicant / owner to provide an engineered drainage / grading plan for review and approval by the R.M. 6. Applicant / owner obtains; - Joint easement agreement for existing and/or future MTS facilities associated with the subdivision. - Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act.

6 LOCATION MAP & PROPOSED SUBDIVSION LAYOUT

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