residential Way. January 24, 2017 District. Mon-Fri*

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1 We are Listening. Public Hearing Tuesday, January 24, :30 PM Council Chambers 3021 Birds Hill Rd. East St. Paul, MB What is S about? To subdivide the property in order to make 2 new residential lots including an extension of Mariner s Way. Phone: (204) info@rrpd.ca Website: 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 *excludes all statutory holidays

2 806 A Manitoba Avenue Attention to: Bruce Schmidt, CAO R.M. of East St. Paul SUBDIVISION REPORT Date: January 10, 2017 File Number: S Collins ( Manitobaa Ltd.) Address: 2716 Henderson Hwy. Municipality: R.M. of East St. Paul Legal Description: Pt. RL 110, Plan 12403, Parish of St. Paul Roll Number: 8100 Report Prepared by: Jennifer Lim, MCIP, RPP, Community Planner Report Circulated for Comment to: CWS J. Froese, MAFRD - E. Gauer, MMG - O. Murray,WLTO - S. Dillabough, WS - D. Roberts, Canadaa Post - D. Crawford, Centra Gas - M. Wankling, Mb Hydro - T. Berg, MTS - K. Penner, School Division V. Mariani, Roadside Development, Natural Resources, WSP - M.Matview,CWS - Dan Roberts, MIT-WMPS - B.Allum Page 1 of 8

3 806 A Manitoba Avenue 1. Proposal Overview Current Site Area: 1.83 ac. Current Use of Site: Residential Proposed Number of New Lots: 2 Proposed Use of Site: Residential 2. Development Plan Compliance..In Compliance Development Plan By-law No Land Use Designation: SR1 - Serviced Residential 1 Applicable Policy Number: 5.1 A significant factor that makes the RM of East St. Paul such an attractive areaa to live in is that most serviced residential lots developed to date are a minimum of 15, 000 sq. ft. to 17,000 sq. ft. in size. This lot size creates a semi-urban environment as it provides greater separation between residences and allows the retention of native trees or the opportunity for more tree planting/landscaping. It is thee preferencee of Council that this living environment be promoted throughout most off the community and that single family lots located in the Servicedd Residential 1 area be an average of 17,000 sq. ft Lot size and density regulations for residential developments in the Serviced Residential 1 areas shall be regulated through the RM of East St. Paul Zoning By-Law and by the following criteria: (a) For single-family lots within new residential subdivisions in the Serviced Residential 1 area, the maximum density should not exceed two (2) residential lots per grosss acre For proposed residential subdivisions, the RM of East St. Paul shall consider the following criteria: (a) The development proponent s demonstration that the proposed development reflects the demographic and socio-economic characteristics of the area. (b) Local impacts regarding street relationships, pedestrian safety, traffic volumes and movements. (c) The adequacy of lighting andd noise attenuation measures. (d) The cost and feasibility of providing Municipal services. (e) Storm drainage patterns. (f) The protection or enhancement of existing treed or natural areas. (g) The proximity to, and availability of, public open space as well as recreational and educational facilities. (h) The use of transition space, including berms, walls, fencing, landscaping, plantings or a combination thereof, between adjacent or incompatible landd uses. 3. Secondary Plan Compliance.. Not Applicable Page 2 of 8

4 806 A Manitoba Avenue 4. Zoning By-Law Compliance In Compliance Zoning By-law No Land Use Zoning: R Single Housing Dwelling Zone Applicable Table: Single Housing Dwelling Site Area Required: 15,000 sq. ft. Proposed Lot 1 (Residual): ~25,390 sq.ft. In Compliance. Proposed Lot 2: ~24,582 sq. ft.. In Compliance Proposed Lot 3: ~19,680 sq. ft.. In Compliance Site Width Required: 80 ft. Proposed Lot 1 (Residual): ~82 ft. In Compliance Proposed Lot 2: ~82 ft.... In Compliance Proposed Lot 3: ~82 ft.... In Compliance 5. Proposed Servicing and Infrastructure Wastewater Services - Municipal Sewer As per Municipal By-Law No Drinking Water Requirements Individual Well & Municipal Water Proposed Lot 1 (Residual Lot): Individual Well, will be required to connect to Municipal Line as per Municipal By-Law No Proposed lots 2 & 3: As per Municipal By-Law No Road Standards Municipal and Provincial Standards Proposed Lot 1 (Residual Lot): As per the Province Proposed lots 2 & 3: As per the Municipality, Culvert (Driveway) access permit to be obtainedd through RM. Drainage Ditches and Storm Sewerr Proposed Lot 1 (Residual Lot): As per the Province Proposed lots 2 & 3: As per the Municipality. 6. Circulation to Government Agencies Conservation District (EICD/CCCD) Comment Received Manitoba Agriculture, Farming and Rural Initiatives (MAFRD) Comments Manitoba Municipal Government (MMG) Comments Manitoba Infrastructure and Transportation (MIT) objections. It should be noted thatt the access from the proposed lots via Mariners Way and Tielman Drive (RL 111) to PR 204 is to be considered temporary.statutory requirements apply (See Comments). Page 3 of 8

5 Manitoba Conservation Compliance and Enforcement (Cons.) concerns. Council should be advisedd that shouldd the proposed subdivision result in alterations to the municipality s public sewerage and/or water system, the municipality will be required as per Sections 6 and 7 of Manitoba Regulation P /88R --Water Works, Sewerage and Sewage Disposal Regulation, to prepare engineering data supporting the proposed sewer or water extension to obtain a public healthh certificate for the alteration. If the subdivision will result in the construction of a new water or sewer system, regulatory approval may be required Manitoba Conservation and Water Stewardship (MCWS) Comments Received Contact: NA Municipal Engineering (RM) Comments Natural Resources Canada (NRCAN) Comments Office of Drinking Water (ODW) concerns. It should bee noted that the existing water supply is a private well, while the proposed lots will connect to the RM of East St. Paul public water system supply. Please ensure there are no interwater connections between existing private wells and the proposed supply. - Water Management, Planning and Standards (WMPS-MIT) Comments Contact: N/A 806 A Manitoba Avenue Winnipeg Land Titles Office (WLTO) Comments: 3 lot plan of subdivision with public road is required. Please note signatures of encumbracers are required as to public road. Contact: Victor Castelli, Survey Examiner, (204) Circulation to Utilities and Other Services Manitoba Hydro (Mb Hydro) and Centra Gas Comments: Easements equired (Mb Hydro Only). Contact: Daniel Akerstream, ca, Ph: (204) Shaw/MTS Comments: 3..1m Easements Required. Contact: Grace Bushi, Access Provisioning- Ph: (204) Canada Post Page 4 of 8

6 806 A Manitoba Avenue Requirements. School Division Objection, provided that there is appropriate access and egress. Notes: there are no provisionss for sidewalks/walkways within the area, nor is there any indication that sidewalks are planned in and around the area. Pedestrian traffic is the responsibility off the developer and potential investors must be informed that the School Division will not assume responsibility for transportation of students because of lack of pedestrian walkways. Additionally, thee investors must be informed that the roadway does not allow for school bus traffic, and students would need to access school bus transportation, if needed, on Henderson Highway. Contact: V. Mariani, Sectretary Treasurer/CFO Ph: (204) Analysis This application for subdivision was received on November 10, 2016 and circulated for comments and advertised for Public Hearing as per The Planning Act. This application seeks to extend Mariner s Way and create two (2) new residential lots. The Residual Lot is developed with a single-family dwelling, connected to Municipal Sewer, and has related accessory structuress on-site. Access to the Residual Lot is gained off of Henderson Highway. This application is generally in keeping with the intent of the Development Plan and Zoning By-laws. The property has direct access to the Red River. As per the Water, Hazard Lands, Flooding and Erosion within the Development Plan, Policy No. (5): Development shall not be permitted within a horizontal distance of 350 ft. (107m) of the normal high water mark of the Red River or on the flood plain, whichever is greater, unless a detailed analysis of the specific site, prepared by a qualified engineer can ensure the development will be safe from flooding, erosion, and bank instability. Proposed Lot 3, in its entirety, the proposed extensionn of Mariner s Way, in its entirety, and approximately 40 ft. of the most western side of proposed lot 2 appear to be within 350 ft. of the edgee of the existing property. As per Policy No. (10): endeavours to establish and maintain a 100 ft. (30m) public reserve from the ordinary high water mark adjacent to all surface waters to protect or re-establish functioning riparian areas where they have been altered to help stabilize banks, provide aquatic and wildlife habitat, and protectt water quality. There does not appear to be any requirement for variance approval. The proposed subdivision does not appear to comply with sections 3 (c) I, (l), and (m) of Provincial Subdivision Regulation 137/2006. Provincial Subdivision Regulation 137/2006 restricts the overall length of roads ending in cul-de-sacs to and requires secondary access, even if temporary. The application will create an extensionn of Mariner s Way whichh will eventually connectt through to Whidbey Harbour Dr. Teilmannn Dr. is considered to have temporary access onto Henderson Hwy. Page 5 of 8

7 806 A Manitoba Avenue Commenting agencies have not expressed objection or concerns regarding the proposed subdivision at this time. Council should be advised that should the proposed subdivision result in alterations to the municipality s public sewerage and/or water system, the municipality will be required as per Sections 6 and 7 of Manitoba Regulation P /88R --Water Works, Sewerage and Sewage Disposal Regulation, to prepare engineering data supporting the proposed sewer or water extension to obtain a public health certificate forr the alteration. If the subdivision will result in the construction of a new water or sewer system, regulatory approval may be required The Map, (next page), appears to indicatedd that the sewer and water lines may require extension. There are easement requirement ts for Manitoba Hydro and MTS Utility Services. The School Division requires proper access and egress, further stating, there are no provisions for sidewalks/walkways within the area, nor is theree any indicationn that sidewalks are planned in and around the area. Pedestrian traffic is the responsibility of the developer and potential investors must be informed that the School Division will not assume responsibility forr transportation of students because of lack of pedestrian walkways. Additionally, the investors must be informed that the roadway does not allow for school bus traffic, and students would need to accesss school bus transportation, if needed, on Henderson Highway. Map of Municipal Services at 2716 Henderson Hwy. (Sewer is Red & Water is Blue) Page 6 of 8

8 806 A Manitoba Avenue 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 Our office recommends that a Development Agreement between the Applicant / Owner and the Municipality be entered into too address items such as, but not necessarily limited to: (a) Road Development, including properr cul-de-sacc radius for access/egres ss of emergency vehicles, public transportation, and the like,. (b) Pedestrian sidewalk(s), if required, (c) Lighting,. (d) Municipal Services,such as Sewer and Water connection,and any studies related to the extension of those services, if required, (e) Drainage, (f) Hazardland Protection or Enhancement to address the restriction of Developmen nt and endeavour to establish a functioning riparian area within 100 ft. (30m) of the Ordinary High Water Mark of the Red River. (g) Public Amenity, such as the proximity to, and availability of, public open space. (h) Any other Standard deemed necessary by the Municipality. 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 inn writing from the Chief Administrative Officer of the Municipality that : taxes on the land to be subdividedd for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made; any applicable capital development fees have been paid. 2. Manitoba Land Surveyor prepares a 3 lott plan of subdivision with a public road as proposed including lot area and width calculations, and confirmation that Crown land is not involved in the proposal. Please note signatures of encumbracers are required as 3. Applicant/owner enters into a Statutory Easement Agreement(s) with MTS and Mb Hydro/Centra Gas regarding existing and/or future facilities associated with the subdivision as set outt in the application. Page 7 of 8

9 806 A Manitoba Avenue 4. Applicant/owner enters into a Statutory Easement Agreement(s) with the Municipality regarding accesss to the Public Reserve associated with the subdivision as set out in the application. 5. Applicant/owner obtains an engineered drainage plan and geotechnical engineer s report for review and approvall by the Municipality. 6. Applicant/owner enters into a Development Agreement with the Municipality to address items such as, but not necessarily limited to: Road Developmen nt, including proper cul-de-sac radius for access/egress of emergency vehicles, public transportation, and the like,. Pedestrian sidewalk(s), if required, Lighting,. Municipal Services,such as Sewer and Water connection,and any studiess related to the extension of those services, if equired, Drainage, Hazardland Protection or Enhancement to address the restriction of Development and endeavour to establish a functioning riparian area within 100 ft. (30m) of thee Ordinary High Water Mark of the Red River. Public Amenity, such as the proximity to, and availability of, public open space. Any other Standard deemed necessary by the Municipality. 7. Applicant / owner obtains: joint easement agreement for existing and/or future Mb Hydro facilities associated with the subdivision; - plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act. Cc: Applicant, WLTO, LG, MB Hydro, MTS, RETSD,, CWS Page 8 of 8

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