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

What is S17-2710 about? This subdivision application seeks to amend the boundary between two existing titles and create one new title in the “RR5” Rural Residential Zone to create a lot for Residential Development.

We are Listening.

Public

Hearing

Tuesday,

May 23, 2017

5:30 PM

Council Chambers

3021 Birds Hill Rd.

East St. Paul, MB

Phone:

(204) 482-3717

1-800-876-5831

E-Mail:

info@rrpd.ca

Website:

www.rrpd.ca

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

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 1 of 6

Attention to: Bruce Schmidt, CAO R.M. of East St. Paul

SUBDIVISION REPORT

Date: April 30, 2017

File Number: S17-2710 – Besson Address: 3951 Mowat Rd. & 4020 Rebeck Rd. Municipality: R.M. of East St. Paul Legal Description: Pt. RL 68, Plan 13542, Parish of St. Paul Roll Number: 42800, 42850 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, Canada Post - D. Crawford, Centra Gas - M. Wankling, Mb Hydro - T. Berg, MTS - K. Penner, School Division – V. Mariani, Roadside Development, Natural Resources, WSP

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 2 of 6

1. Proposal Overview Current Site Area: 1.34 ac.; 25.81 ac. Current Use of Site: Residential Proposed Number of New Lots: 1 Proposed Use of Site: Residential

2. Development Plan Compliance……………………………..In Compliance

Development Plan By-law No. 2007-14 Land Use Designation: “RL” - Rural Limited Applicable Policy Number:

13.3.8 The subdivision of land in the Rural Limited areas for residential purposes shall be subject to the following criteria:

(a) Municipal services such as roads, drainage, school busing, fire protection or other infrastructure services should be available to the proposed subdivision or can be provided without undue cost to the RM of East St. Paul. (b) Residential lots shall be of such dimensions so as to maintain the rural character of the land and take into consideration physical and natural features. (c) Proposed developments should protect or enhance existing treed acreage. (d) Proposed development shall be directed away from the fringe or periphery of the urban areas unless the proper planning measures are put in place to accommodate semi-urban-sized lots in the future. (e) If applicable, the subject property shall be rezoned to an appropriate zoning district. (f) The minimum lot size should be generally 5.0 acres with the exception of those areas currently zoned for 1.0 acre or 2.0 acre lots.

3. Secondary Plan Compliance……………………………….. Not Applicable

4. Zoning By-Law Compliance

Zoning By-law No. 2009-04 Land Use Zoning: “RR1 & RR5” - Rural Residential Infill & Rural Residential Applicable Table: Rural Limited

Site Area Required: 1 ac. (RR1); 5 ac. (RR5) Proposed Lot 1: ~7.4 ac…………………………….…….. In Compliance Proposed Lot 2: ~12.8 ac………………………….……. In Compliance Proposed Lot 3: ~6.6 ac…………………………………… In Compliance

Site Width Required: 110 ft. (RR1); 300 ft. (RR5) Proposed Lot 1 (RR5) 1: ~133 ft…………………………. Not in Compliance Variance Required Proposed Lot 2 (RR5): ~133 ft……………………………. Not in Compliance Variance Required Proposed Lot 3 (RR1): ~133 ft………………………… In Compliance

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 3 of 6

5. Proposed Servicing and Infrastructure

Wastewater Services - Septic Field Requirements: As per MR 83/2003 Onsite Wastewater Management Regulation. Note MB Sustainable Development’s comments.

Drinking Water Requirements - Individual Well Requirements: As per Manitoba Conservation Water Stewardship

Road Standards - Municipal Road Requirements: As per the Municipality, Culvert (Driveway) access permit to be obtained through RM, BL 2014-05.

Drainage - Natural Requirements: Must meet provincial and municipal requirements.

6. Circulation to Government Agencies

Conservation District (EICD/CCCD) Comments: No Comments Received

Manitoba Agriculture, Farming and Rural Development (MAFRD) Comments: No Comments as zoned for Rural Residential use.

Manitoba Indigenous and Municipal Relations (IMR) Comments: No Comments Received

Manitoba Infrastructure and Transportation (MIT) Comments: No objections

Manitoba Sustainable Development - Compliance and Enforcement (SDCE) Comments: The applicant indicates that septic fields would be the method of wastewater disposal in the subdivision. In accordance with MR 83/2003 (Onsite Wastewater Management Systems Regulation), a minimum lot size of 2 acres with 198 ft. frontage (site width) is required to install a septic field. The lot does not have sufficient site width and method of disposal would be limited to holding tank only. Proposed lot 3 has a septic field that is not in compliance with the Regulation parcel size requirements for site width. This field will be allowed to remain as an existing non-compliance until the septic disposal field begins to fail. When the septic disposal field needs to be replaced, the replacement system must be in compliance with MR 83/2003 requirements (holding tanks only). Contact: Julie Froese, Environment Officer - Ph: (204) 945-7104

Manitoba Sustainable Development - Water Stewardship (SDWS) Comments: No Comments Received

Municipal Engineering (RM) Comments: No Comments

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 4 of 6

Natural Resources Canada (NRCAN) Comments: No Comments Received

Office of Drinking Water (ODW) Comments: No Comments Received

Water Management, Planning and Standards (WMPS-MIT) Comments: No Comments Received

Winnipeg Land Titles Office (WLTO) Comments: Land Titles requires a 3 lot Plan of Subdivision, with Lots 1&2

(CT # 2867481/1) as proposed and Lot 3 being the residual of said CT # 2867481/1 consolidated with CT # 2347096/1. Mortgage #3820951/1 of CT #2347096/1 to be amended or discharged to align with new lot lines.

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

7. Circulation to Utilities and Other Services

Manitoba Hydro (Mb Hydro) and Centra Gas Comments: MB Hydro will require easements. Centra Gas does not require easements. Contact: Daniel Akerstream, subdivisioncirculars@hyrdo.mb.ca, Ph: (204) 360-4850

Shaw/MTS Comments: No new easements required. Any existing MTS services, easement agreements and or caveats affecting the lands to be subdivided will be brought forward on the new plan of subdivision unless otherwise specified.

Canada Post Comments: No Comments Recevied.

School Division Comments: No objection.

8. Analysis This application seeks to amend the boundary lines of two existing titles and create one new title to allow for future residential development. Proposed Lot 1 will have frontage onto Mowat Rd, as will Proposed Lot 2; Proposed Lot 2 will extend east beyond the Municipal Drain; and, Proposed Lot 3 will have frontage onto Rebeck Rd. This application was received on January 16, 2017 and circulated for comment as per the requirements of The Planning Act. This application requires Public Hearing as per the Zoning By-law as it does not meet the minimum site width requirements for the Proposed Lots; therefore, if approved, this application may be required to seek variance approval for site width requirements for Proposed Lots 1 & 2.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 5 of 6

The “RR5” Rural Residential Zone requires a minimum of 300 ft. of site width; proposed is ~133 ft. The site width is generally measured at 50 ft. from the front site line at an angle perpendicular to the site depth. While the variance application is a separate matter for consideration, our office must still determine whether or not the subdivision application is generally consistent with the policy requirements. As the application generally complies with the Development Plan regulations and meets the site area requirements, it can be stated that this proposal is generally in keeping with the intent of the Development Plan and the Zoning By-law. Noted concerns for commenting agencies include comments received from Manitoba Sustainable Development - Compliance and Enforcement (SDCE), stating “The applicant indicates that septic fields would be the method of wastewater disposal in the subdivision. In accordance with MR 83/2003 (Onsite Wastewater Management Systems Regulation), a minimum lot size of 2 acres with 198 ft. frontage (site width) is required to install a septic field. The lot does not have sufficient site width and method of disposal would be limited to holding tank only. Proposed lot 3 has a septic field that is not in compliance with the Regulation parcel size requirements for site width. This field will be allowed to remain as an existing non-compliance until the septic disposal field begins to fail. When the septic disposal field needs to be replaced, the replacement system must be in compliance with MR 83/2003 requirements (holding tanks only).” A condition of subdivision approval will not be required as the existing non-conformity as been pre-approved to remain and any new system will be required to obtain on-site waste water management permit, as per Provincial requirements, thereby adhering to the Manitoba Regulation. Easement requirements for Manitoba Hydro, Centra Gas, and MTS will be required for new and/or existing services.

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; b. any applicable capital development fees have been paid.

2. Manitoba Land Surveyor prepares a 3-lot subdivision, with Lots 1&2 (CT # 2867481/1) as proposed and Lot 3 being the residual of said CT # 2867481/1 consolidated with CT # 2347096/1, as proposed including lot area and width

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 6 of 6

calculations, and confirmation that Crown land is not involved in the proposal. Mortgage #3820951/1 of CT #2347096/1 to be amended or discharged to align with new lot lines.

3. Applicant / owner obtains all required variation orders.

4. Applicant / owner obtains:

a. Joint easement agreement for existing and/or future Mb Hydro, MTS, and Centra Gas facilities associated with the subdivision;

b. Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act.

Cc: Applicant, WLTO, IMR, MB Hydro, Centra Gas, MTS, MB Sustainable Development