| Page 1 Agenda -Standing Policy Committee on Property and Development -January 6, 2003 REPORTS Item No. 21 Proposed Plan of Subdivision and Rezoning -South of John Bruce Road -East of the Seine River File DASZ 19/2000 COMMUNITY COMMITTEE RECOMMENDATION: On December 17, 2002, the Riel Community Committee concurred in the administrative recommendation, as amended, and recommends to the Standing Policy Committee on Property and Development: 1. That the plan of subdivision proposed under File DASZ 19/2000, be approved for preparation as a plan of subdivision by a Manitoba Land Surveyor, in accordance with Schedule �A� for File DASZ 19/2000 dated December 11, 2002, for registration in the Winnipeg Land Titles Office, subject to the following: A. That the Developer be required to enter into a Development Agreement with the City containing all the conditions outlined in the reports of the Administrative Coordinating Group dated December 5, 2002, and December 16, 2002. 2. That the Director of Planning, Property and Development be authorized to certify any documents in connection therewith. 3. That Winnipeg Zoning By-Law No. 6400/94, be amended by rezoning the subject land as shown on Schedule �A� for File DASZ 19/2000 dated December 11, 2002, to a �PR-1� Parks and Recreational District, a �PR-2� Parks and Recreational District, an �R1-4� Single Family District, an �RM-2� Multiple Family District and an �RM-4� Multiple Family District subject to the �RM-2� Multi-Family District zoned land reverting to �PR-1� Parks and Recreational District upon the acquisition of that property by the City of Winnipeg at the price of $65,000.00 per acre and other terms and conditions as may be agreed upon by the Developer and the City of Winnipeg. 4. That in the event this application is not proceeded with expeditiously, and the by-law is not enacted within twenty-four (24) months after adoption of this report by Council, the matter shall be deemed to be concluded and shall not be proceeded with unless Council extends that time. 5. That the City Solicitor/Manager of Legal Services be requested to prepare the necessary by-law in accordance with the above. Page 2 Agenda -Standing Policy Committee on Property and Development -January 6, 2003 6. That the subdivision section of the by-law shall come into force and effect upon execution by the City of Winnipeg of the Development Agreement. 7. That the zoning section of the by-law shall come into force and effect when the Plan of Subdivision has been registered in the Winnipeg Land Titles Office. 8. That the Plan of Subdivision shall be approved and signed by the Director of Planning, Property and Development within two (2) years of the date of passage of the aforementioned by-law. 9. That in the event that the necessary City of Winnipeg mylar approval signatures have not been secured within 24 months after adoption of the by-law, the matter shall be deemed to be concluded and shall not be proceeded with unless Council extends that time. Page 3 Agenda -Standing Policy Committee on Property and Development -January 6, 2003 DECISION MAKING HISTORY: COMMUNITY COMMITTEE RECOMMENDATION: On December 17, 2002, the Riel Community Committee concurred in the administrative recommendation and submitted its recommendation to the Standing Policy Committee on Property and Development. Page 4 Re: Proposed Plan of Subdivision and Zoning Change Report -South of John Bruce Road -East of the Seine River File DASZ 19/2000 For submission to: Standing Policy Committee on Property and Development Prepared by: Marc Pittet, Clerk, Riel Community Committee Report date: December 24, 2002 COMMITTEE RECOMMENDATION: The Riel Community Committee concurred in the administrative recommendation, as amended, and recommends to the Standing Policy Committee on Property and Development: 1. That the plan of subdivision proposed under File DASZ 19/2000, be approved for preparation as a plan of subdivision by a Manitoba Land Surveyor, in accordance with Schedule �A� for File DASZ 19/2000 dated December 11, 2002, for registration in the Winnipeg Land Titles Office, subject to the following: A. That the Developer be required to enter into a Development Agreement with the City containing all the conditions outlined in the reports of the Administrative Coordinating Group dated December 5, 2002, and December 16, 2002. 2. That the Director of Planning, Property and Development be authorized to certify any documents in connection therewith. 3. That Winnipeg Zoning By-Law No. 6400/94, be amended by rezoning the subject land as shown on Schedule �A� for File DASZ 19/2000 dated December 11, 2002, to a �PR-1� Parks and Recreational District, a �PR-2� Parks and Recreational District, an �R1-4� Single Family District, an �RM-2� Multiple Family District and an �RM-4� Multiple Family District subject to the �RM-2� Multi-Family District zoned land reverting to �PR-1� Parks and Recreational District upon the acquisition of that property by the City of Winnipeg at the price of $65,000.00 per acre and other terms and conditions as may be agreed upon by the Developer and the City of Winnipeg. 4. That, in the event this application is not proceeded with expeditiously, and the by-law is not enacted within twenty-four (24) months after adoption of this report by Council, the matter shall be deemed to be concluded and shall not be proceeded with unless Council extends that time. Page 5 5. That the City Solicitor/Manager of Legal Services be requested to prepare the necessary by-law in accordance with the above. 6. That the subdivision section of the by-law shall come into force and effect upon execution by the City of Winnipeg of the Development Agreement. 7. That the zoning section of the by-law shall come into force and effect when the Plan of Subdivision has been registered in the Winnipeg Land Titles Office. 8. The Plan of Subdivision shall be approved and signed by the Director of Planning, Property and Development within two (2) years of the date of passage of the aforementioned by-law. 9. In the event that the necessary City of Winnipeg mylar approval signatures have not been secured within 24 months after adoption of the by-law, the matter shall be deemed to be concluded and shall not be proceeded with unless Council extends that time. Note: Bold and italicized wording denotes variation between administrative recommendations and recommendations of the Riel Community Committee. The Riel Community Committee provided the following supporting reason for its recommendations: 1. The Riel Community Committee agrees with the administrative comments contained in the report of the Manager of Planning and Land Use. Page 6 REPORT SUMMARY File: DASZ 19/2000 Before: Riel Community Committee Councillor Vandal, Chairperson Councillor Angus Councillor Steeves Public Hearing: December 17, 2002 Prendergast Centre, 906 Cottonwood Road Applicant: Ladco Company Limited (Ken Oblik) 200-40 Lakewood Boulevard Winnipeg, MB R2J 2M6 Subject: Premises Affected: South of John Bruce Road -East of the Seine River Page 7 Exhibits Filed: 1. Application dated November 14, 2002 2. Notification of Public Hearing to Applicant dated November 20, 2002 3. Manitoba Status of Titles 1056567, 1095014, 1283525, 1286729 4. Extract of Atlas Sheet AG29 5. Variance Order DAV 436/89 6. Variance Order DAV 821/88 7. Plans (2 pages) 8. Report from the Manager of Planning and Land Use dated December 10, 2002 9. Report from the Administrative Coordinating Group dated December 5, 2002 10. Photograph( s) of the site and Inspection Notice 11. Revised Report from the Manager of Planning and Land Use dated December 12, 2002 12. Supplemental Report from the Administrative Coordinating Group dated December 16, 2002 13. Communication from Ed Burgener opposing the application 14. Communication from K. Chekorsky dated December 13, 2002, opposing the application 15. Copy of the Preliminary Results Summary (Royalwood Access Assessment Study) presentation made by Brad Cook, Steve Biswanger and Todd Smith at the Public Hearing 16. Presentation made by Peter Muir at the Public Hearing 17. Presentation made by Micheal Nozick at the Public Hearing 18. Presentation made by Dean Bauch at the Public Hearing 19. Presentation made by Dennis Checkley at the Public Hearing 20. Presentation made by Terry O�Rourke at the Public Hearing 21. Presentation made by Frances Cholakis at the Public Hearing 22. Seven (7) letters opposing the application submitted by Jules Legal at the Public Hearing. REPRESENTATIONS: In Support: Page 8 Ken Oblik, 200-40 Lakewood Boulevard, Winnipeg, R2J 3M6 Dale Amedec, 1908 Elgin Avenue, Winnipeg, R2R 0C9 J. D. Balbon, 19 Aubin Drive, Winnipeg, R3X1J8 Mark Barker, 27 Tidewater Bay, Winnipeg, R3X 1H2 Bary Batkis, 599 Hoddinott Road, Winnipeg, R2E 0H7 Dean Bauch, 38 Beaudry Bay, Winnipeg, R3X 1Y7 Bob Baudry, 663 Stafford Street, Winnipeg, R3M 2X7 Rick Baydack, 31 Chancery Bay, Winnipeg, R2N 2R4 Elizabeth Blazanovic, 58 Willmington Drive, Winnipeg, R3X 2C1 Alan and David Borger, 200-40 Lakewood Boulevard, Winnipeg, R2J 2M6 J. Henry Borler, 10 Beckwith Lane, Winnipeg, R2N 4L2 Vince Bueti, 31 Royal Park Cove, Winnipeg, R2J 3Z1 Dania and Robert Cameron, 227 Shorehill Drive, Winnipeg, R3X 2B5 Len Chambers, 88 Monck Avenue, Winnipeg, R2H 1W9 Sean Checkley, 114 Beechtree Crescent, Winnipeg, R2M 5K6 Dennis Checkley, 19 Aubin Drive, Winnipeg, R3X 1J8 Frances Cholakis, 523 Bower Boulevard, Winnipeg, R3P 0L7 Leo Cholakis, 300-275 Portage Avenue, Winnipeg, R3B 2B3 Cond. Corp. 304, Attention: Frank Malazdrewich, President, 107-685 St. Anne�s Road, Winnipeg, R2N 3T2 Frank Leslie Cox, 41 Penticton Bay, Winnipeg, R2J 1S8 Sean Crick and Michelle Elvers-Crick, 96 Braswell Bay, Winnipeg, R3X 2E1 Frank Curtis and Ulrike Hellmuth, 1-1031 Autumnwood Drive, Winnipeg, R2J 1C6 T. Cwik, 532 Doucet Street, Winnipeg, R2J 0M7 Wayne Dinzey, 110 Weatherstone Place, Winnipeg, R2J 2S8 Sherry Dombrosky, 30 Briarcliff Bay, Winnipeg, R3T 3H7 Brian R. Duncan, 2901 St. Mary�s Road, Winnipeg, R2N 4A6 Guy Dupas, 59 Norcross Crescent, Winnipeg, R3X 1H8 Kaye Figurski, 3 Pitcairn Place, Winnipeg, R2J 1R5 Doreen Frame, 105-685 St. Anne�s Road, Winnipeg, R2N 3T2 Don Gillespie, 220 Orchard Hill Drive, Winnipeg, R3X 1K4 Blaine Harmon, 185 Crofton Bay, Winnipeg, R2M 2E6 Scott Harnish, 135 Woodydell Avenue, Winnipeg, R2M 2T8 Peter Kaufmann, 150 Beckinsale Bay, Winnipeg, R2N 2A7 M. and Shirley Kneale, 253 Barlow Crescent, Winnipeg, R2N 3W2 Karen Hill, 22 Monterey Road, Winnipeg, R2J 1X1 Cathy and Marcus Hunzinger, 282 Orchard Hill Drive, Winnipeg, R3X 1J8 Alan and Nancy Isfeld, 49 Beaudry Bay, Winnipeg, R3X 1Y6 Rod Kelunick, 115 Norcross Crescent, Winnipeg, R3X 1J2 Yvon and Tammy Lachiver, 19 Harbinger Bay, Winnipeg, R3X 2B2 George LaFrance, 84 Lake Park Drive, Winnipeg, R2J 3A8 Beth J. Langdon, 126 Orchard Hill Drive, Winnipeg, R3X 1L7 Mark Lehmann, 182 Orchard Hill Drive, Winnipeg, R3X 1K4 Graham Lilburn, 109 Machray Avenue, Winnipeg, R2W 0Z2 Page 9 Dave Lim, 28 Beaudry Bay, Winnipeg, R3X 1Y7 Greg and Calla Lofvendahl, 274 Orchard Hill Drive, Winnipeg, R3X 1J8 Ken Loscerbo, 140 Brock Street, Winnipeg, R3N 0Y4 Joe Lotecki, 123 Norcross Crescent, Winnipeg, R3X 1J2 Jackie and Brendan Madden, 70 High Ridge Road, Winnipeg, R3X 1G8 Gayle Malazdrewich, 107-685 St. Anne�s Road, Winnipeg, R2N 3T2 Paul Manaigre, 52 Bedard Crescent, Winnipeg, R3X 1V3 Celia Marks and Al Montagnon, 306-679 St. Anne�s Road, Winnipeg, R2N 3S8 Ernest D. Marion, 202-795 St. Anne�s Road, Winnipeg, R2N 3X4 Audrey Matchett, 33 Beaudry Bay, Winnipeg, R3X 1Y7 James McCutchon, 139 Cormorant Bay, Winnipeg, R2J 2V8 Don McIntosh, 128 Bedson Street, Winnipeg, R3K 1R5 Craig Michaluk, 405-15 Carlton Street, Winnipeg, R3C 1W8 Gis�le S. Morier and Ed Kosowski, 79 Willmington Drive, Winnipeg, R3X 2C2 Peter Muir, 656 Fairmont Road, Winnipeg, R3R 1B1 Carmen and Patricia Murphy, 218 High Ridge Road, Winnipeg, R3X 1V2 Kathy Murdoch, 91 Greenhoven Crescent, Winnipeg, R2R 1B5 Ron C. Nault, 42 Cascade Bay, Winnipeg, R2J 1W1 Christine Newell and Wayne Stanley, 44 Norcross Crescent, Winnipeg, R3X 1H8 Spencer Newton, 569 Cathcart Street, Winnipeg, R3R 0S6 Michael Nozick, 300-1600 Ness Avenue, Winnipeg, R3J 3W7 Michael and Myriame Orloff, 7 Aubin Drive, Winnipeg, R3X 1J8 Terry O�Rourke, 1-200 Shorehill Drive, Winnipeg, R3X 2C8 Joe Pascucci, 58 Willmington Drive, Winnipeg, R2C 3X1 Bruce Paton, 5 Everglade Place, Winnipeg, R2J 3C1 Herb and Wilma Poetker, 223 Shorehill Drive, Winnipeg, R3X 1B5 Jacques Richer, 309-683 St. Anne�s Road, Winnipeg, R2N 3T1 Brenda Rudolf, 94 Charbonneau Crescent, Winnipeg, R3X 1C5 Scott Rutledge, 751 Lagimodiere Boulevard, Winnipeg, R2J 0T8 Karen Sawatzky and Rod McRae, 111 Bristol Avenue, Winnipeg, R2H 2R5 Mike Scatliff, 8-44 Princess Street, Winnipeg, R3J 2B6 Erwin and Jeanne Schmidt, 301 Churchill Drive, Winnipeg, R3L 1V7 Glen Simpson, 72 Newcroft Road, Winnipeg, R2J 3M8 Frank Spezzano, 124 Shorehill Drive, Winnipeg, R3X 1Y6 Gord Steiss, 35 Jubinville Bay, Winnipeg, R2J 2A4 Ron Stokotelny, 1639 St. Anne�s Road, Winnipeg, R2N 4G1 Derek Thorsteinson, 212-3111 Portage Avenue, Winnipeg, R3K 0W4 Greg Tohme, 263 Southbridge Drive, Winnipeg, R2J 4A6 Jennifer Van de Vooren, Box 17, Grp. 551, RR5, Winnipeg, R2C 2Z2 Leonard Wiens, 556 Atlantic Avenue, Winnipeg, R2W 0S3 Glenn Wagner, 3 Orchard Hill Drive, Winnipeg, R3X 1T9 Brent Wark, 1255-B Clarence Avenue, Winnipeg, R3T 1T4 Bob and Lily Wiebe, 586 Forbes Road, Winnipeg, R2N 4B1 Donna Wilson, 1035 Downing Street, Winnipeg, R3G 2P9 John Woods, 122 Shamrock Drive, Winnipeg, R2J 3S3 Page 10 Ed, Renee and Susan Young, 23 Aubin Drive, Winnipeg, R3X 1J8 In Opposition: Peggy Bainard Acheson, 1307-90 Plaza Drive, Winnipeg, R3T 5K8 Kris Ade, 65 Halparin Dive, Winnipeg, R3X 1Z9 Darlene Bell, 23 Munn Road, Winnipeg, R2N 3H8 June Bell, 106 Sadler Avenue, Winnipeg, R2M 1N7 J. P. Brunet, 442 rue Notre Dame, Winnipeg, R2J 0A7 Lionel Chartrand, 6 Braswell Bay, Winnipeg, R3X 2B5 David John Danyluk, 190 Home Street, Winnipeg, R3G 1X1 Ken DeJean, 64 Aubin Drive, Winnipeg, R3X 1J8 Paul Desrosiers, 23 Donora Crescent, Winnipeg, R2N 1B2 Peter Dueck, 314-919 St. Anne�s Road, Winnipeg, R2N 4K8 Gabriel Dufault, 4 Buttonwood Bay, Winnipeg, R2J 2E8 Rob Duncan, 330 Montgomery Avenue, Winnipeg, R3L 1T4 Dave Dyck, 1103-100 Adamar Road, Winnipeg, R3T 3X6 Reid Edgeworth, 140 Eastwood Drive, Winnipeg, R2E 0B7 Don and Pauline Fidelak, 244 Princeton Boulevard, Winnipeg, R3R 0X8 N. Filep, 202-683 St. Anne�s Road, Winnipeg, R2N 3T1 Gabriel Forest, 301-160 Niakwa Road, Winnipeg, R2M 5L1 John and Pat Andrew Gray, 636 Grierson Avenue, Winnipeg, R3T 2S4 Jim Gyselinck, 170 Christie Road, Winnipeg, R2N 4A4 Hilary Hanson and Don Seymour, 779 Municipal Road, Winnipeg, R3R 1J5 Sylvie H�bert, 501 Langevin Street, Winnipeg, R2H 2V9 Francine H�bert and Serge LaRochelle, 2 -45 Furby Street, Winnipeg, R3C 2A2 David Henderson, 408-919 St. Anne�s Road, Winnipeg, R2N 4K8 Eric Hnatiuk, 240 Creek Bend Road, Winnipeg, R3X 1V9 Kathy Holt, 210-549 St. Anne�s Road, Winnipeg, R2M 5M1 Joe Keszi, 1606-55 Garry Street, Winnipeg, R3C 4H4 Norma Lacroix and Antoine Gagn�, 209 -919 St. Anne�s Road, Winnipeg, R2N 4K8 David Laird, 667 St. Anne�s Road, Winnipeg, R2N 3S6 Andr� H. and Lucille LaRochelle, 958 John Bruce Road, Winnipeg, R3X 1Y5 Nathan and Sig Laser, 109 Egerton Road, Winnipeg, R2M 2V9 Elizabeth Lavender, 2 Egerton Road, Winnipeg, R2M 2V4 Gerard Lecuyer, 5 Cherry Crescent, Winnipeg, R2J 1V8 Jules and Gladys Legal, 170 Prairie Grove Road, Winnipeg, R3X 1W6 Paula Legal and Jacqueline Jean MacKay, 21 Avondale Road, Winnipeg, R2M 0N8 Christine Mazur, 702 Lanark Street, Winnipeg, R3N 1M3 Frances McMillan, 206-815 St. Anne�s Road, Winnipeg, R2N 3X6 Gord Menzies, 21-667 St. Anne�s Road, Winnipeg, R2N 3S7 Peter Meyer, Box 104 St. Germain P. O., Winnipeg, R0G 2A0 Alan Parker, 155 Ashford Drive, Winnipeg, R2N 1K7 Roy Paton, 305-683 St. Anne�s Road, Winnipeg, R2N 3T1 Page 11 Peter H. and Dorothy Penner, 313-319 St. Anne�s Road, Winnipeg, R2N 2K8 Dave Penner, 677 St. Anne�s Road, Winnipeg, R2M 4A3 Marcel Ritchot, Box 31, Grp. 4, RR1, Dufresne, Manitoba, R0A 0J0 Bev Sawchuk, 3000-One Lombard, Winnipeg, R3B 0Y1 Jacob P. Siemens, 303-679 St. Anne�s Road, Winnipeg, R2N 3S8 Ron Thiessen, 2-608 Gertrude Avenue, Winnipeg, R3L 0N1 S. and Harold Thwaites, 22 Sheridan Place, Winnipeg, R2N 2K6 Robert Tinker, 140 The Glen, Winnipeg, R2M 0B4 Win Torchia, 11 Simon Drive, Winnipeg, R2N 3L5 David Van Vliet, 708 Jessie Avenue, Winnipeg, R3M 1A5 David Watson, 245 Creek Bend Road, Winnipeg, R3X 1V9 Sylvia Woodward, 408-545 St Anne�s Road, Winnipeg, R2M5M1 Caroline Young, 90 Sauve Crescent, Winnipeg, R2N 3L3 For Information: Kenneth M. Adam, 21 Wedgewood Drive, Winnipeg, R3T 2J7 Daniel Adamek, 403-545 St. Anne�s Road, Winnipeg, R2M 5M1 Denis and Leona Beaulieu, 104 Braswell Bay, Winnipeg, R3X 2E1 Elizabeth Black, 380 Houde Drive, Winnipeg, R3V 1C8 Wilmet I. Bruce, 1016 John Bruce Road, Winnipeg, R3X 1Y8 Ed Burgener, 55 Gibraltar Bay, Winnipeg, R2Y 1J4 Brenda and Clint Buss, 60 Norcross Crescent, Winnipeg, R3X 1H8 Michael Carruthers, 134 Charbonneau Crescent, Winnipeg, R3X 1C1 Linda Chernenkoff, 160 Southglen Boulevard, Winnipeg, R2N 3J3 Murray Cliff, 925 Autumnwood Drive, Winnipeg, R2J 1C3 Ken DePauw, 119 Bluewater Crescent, Winnipeg, R2J 2X6 Gerald Dorge, 31-25 Pere Oblat Drive, Winnipeg, R3X 1E8 David Duncan, 32 DeCaigny Cove, Winnipeg, R3X 1T3 Henry Epp, Box 221, St. Norbert, Winnipeg, R3V 0L6 Ray Gagnon, 653 St. Anne�s Road, Winnipeg, R2M 3G6 Dee Dee Haines, 521 Hay Street, Winnipeg, R3L 2L5 Wayne and Blandine Hardman, 872 John Bruce Road, Winnipeg, R3X 1Y4 Alf Horn, 5-1696 St. Mary�s Road, Winnipeg, R2N 2L8 Shaun Klassen, 165 Claremont Avenue, Winnipeg, R2H 1W3 G. Kunderman, 66 Gaitwin Cove, Winnipeg, R2N 4H9 Bob Kurylko, Box 1, GRP 552, Winnipeg, R2C 2Z2 Justin and Jennider Labuick, 239 Shorehill Drive, Winnipeg, R3X 2B7 Patrick Lang, 167 Bluewater Crescent, Winnipeg, R2J 2X6 Janice Lukes, 574 Cloutier Drive, Winnipeg, R3V 1L8 Mr. & Mrs. A. MacGillivray, 205-805 St. Anne�s Road, Winnipeg, R2N 3X5 Guy Magnusson, 38 Ambroise Lane, Winnipeg, R2M 5P2 Mr. & Mrs. H. Mousseau, 990 John Bruce Road, Winnipeg, R3X 1Y8 Steve Nelson, 401-491 Stradbrook Avenue, Winnipeg, R3L 2P8 Page 12 Cheryl Oakden, 71 Duluth Bay, Winnipeg, R2J 1W6 Marie Ohta, 72 Aubin Drive, Winnipeg, R3X 1K4 Grant Osachuk and Anita Houde, 34 Breland Bay, Winnipeg, R3X 2C2 Chris Penner, 1255B Clarence Avenue, Winnipeg, R3T 1T4 Louie Sawatzky, 158 Orchard Hill Drive, Winnipeg, R3X 1K4 Patricia Selliers, 737 Home Street, Winnipeg, R3E 2C5 Marjorie Simpson, 208-805 St. Anne�s Road, Winnipeg, R2N 3X5 Angie Stokes, 55 Norcross Crescent, Winnipeg, R3X 1H8 Henry Thiessen, 94 Stranmillis Avenue, Winnipeg, R2M 0K1 Beth Thomson, 501 University Crescent, Winnipeg, R3T 2N6 David D. Venema, 661 St. Anne�s Road, Winnipeg, R2M 3G6 Sheila and George Watson, 412-376 Osborne Street, Winnipeg, R3L 2V3 Craig Young, 20 Beaudry Bay, Winnipeg, R3X 1Y7 Barb and Al Zaporzan, 5-200 Shorehill Drive, Winnipeg, R3X 2C8 For the City: Ernest Carri�re, Land Development Engineer, Planning, Property and Development Harry Finnigan, Director, Planning, Property and Development Roy Hartmann, Traffic Assessment Engineer, Public Works Cheryl Heming, City Naturalist Kevin Lalor, Senior Planner, Planning, Property and Development Brad Neirinck, Bridge Inspection Engineer, Public Works Kevin Nixon, Planner, Planning, Property and Development Page 13 SUMMARIZATION OF REPRESENTATIONS AND SUBMISSIONS MADE AT THE PUBLIC HEARING: Todd Smith, Brad Cook and Steve Bizwanger, consultants, Earth Tech Canada Inc., read from a Power Point presentation titled �Preliminary Results Summary of the Royalwood Access Assessment Study� and submitted same, filed as Exhibit 15. Councillor Steeves asked the consultants to explain what was being proposed for Warde Avenue and how this figured into their study. Todd Smith explained that it was anticipated that, in approximately twenty (20) years, Warde Avenue would be extended from St. Anne�s Road, to Royalwood, through Island Lakes and on to Lagimodiere Boulevard. Councillor Vandal asked a representative from Earth Tech to summarize the potential impacts on John Bruce Road. Mr. Smith indicated that, should John Bruce Road be used as a collector street, it would not be feasible in its current location and explained his point using a diagram. Mr. Smith explained that a number of the homes along John Bruce Road have been there for as long as thirty (30) years and, if John Bruce Road was turned into a collector street, traffic would increase significantly and it would perhaps be necessary to move several of the existing homes. Councillor Vandal asked if the consultant had factored �public costs� in their analysis to which Mr. Smith replied they had not. Councillor Steeves asked the consultants to explain the concept of �environmental impact� relative to their study. Steve Bizwanger indicated that this was a very broad category that included potential impacts on the area vegetation, the river and the wildlife. Peter Muir, Corporate Counsel for Ladco Company Limited and Alan Borger , Ladco Company Limited, appeared in support of the application. Mr. Muir read from a prepared statement, filed as Exhibit 16. Councillor Steeves questioned the size and anticipated traffic load on the proposed Southglen Bridge. Alan Borger indicated that, based on the traffic study, the daily traffic volume would constitute approximately fourteen (1,400) hundred vehicles per day. Mr. Borger stated that the proposed bridge would be two-lanes wide and the anticipated speed limit would be fifty kilometres per hour (50 km/h). Councillor Angus asked if the proposed bridge was to be a �high-level� bridge. Mr. Borger indicated that the bridge would not be a box culvert bridge as originally considered with no in stream structures and that it would be built on piers. Councillor Vandal asked what the width of the proposed roadway would be on the Royalwood side of the bridge to which the Land Development Engineer replied that the right of way would be twenty (22) metres wide and the roadway would be ten (10) metres wide. Councillor Vandal questioned the Developer as to what amount of �Bois des Esprits� would be north of the proposed crossing to which Mr. Muir responded approximately ninety-two (92%) percent or 72 (seventy-two) acres. Page 14 Councillor Vandal next asked the developer to explain what would be involved with the river dredging process. Mr. Borger asked Scott Harnish, Senior Engineer, Wardrop Engineering, to explain the process. Mr. Harnish explained that the Seine River takes a sharp turn very close to St. Anne�s Road. He indicated that, for a crossing to take place at Southglen, the river must be re-channelled approximately sixty (60) metres away from St. Anne�s Road from its current position of twenty (20) metres. Mr. Harnish stated that this would allow for a bridge to be built over the re-aligned channel and alleviate the current bank stability problem that currently exists. They are proposing the following: � --- winter construction to alleviate impacts on fish and habitat � ---construction of a new channel between the two arms of the river � ---do all work necessary (riprap, piles, etc�) during the winter � ---once all work is completed, breech the channel and allow the water to flow Mr. Harnish explained that this process would not affect the water in the river, would reduce environmental impacts and that the extraneous material and equipment required for this work would be removed before the water flows through the river. Mr. Harnish anticipated that construction would begin this winter, pending approvals. Councillor Angus stated that approval from the Department of Fisheries and Oceans (DFO) would be required prior to re-chanellization and bridge construction. Mr. Harnish indicated that Ladco Company Limited was adhering to the DFO process and have written and submitted a report to the DFO. Mr. Harnish stated that it was his belief that the DFO was monitoring all meetings and public hearings with respect to Ladco Company Limited�s application. The City Naturalist indicated that it was her belief that the DFO has been observing the process including the open house held November 27, 2002, and the public hearing. Michael Nozick, President, Fairweather Properties Limited, appeared in support of the application and read from a prepared presentation, submitted as Exhibit 17. Mr. Nozick indicated that his company has a large financial stake in this development. He further stated that �Bois des Esprits� should exist as part of the community and not independent of it. Derek Thorsteinson, President, Manitoba Home Builder�s Association, appeared in support of the application. He indicated that the year 2002 was a record setting year in terms of new housing starts in the City of Winnipeg and that residential construction is a 1.3 billion dollars a year industry. He further stated that the current housing supply in Winnipeg was low and the demand for new homes is extremely high. Mr. Thorsteinson articulated that Ladco Company Limited is a pillar in his industry and their efforts to maintain a balance between the environment and communities they create are beyond reproach. He indicated that construction of a bridge at Warde Avenue would not serve the same need as the proposed crossing at Southglen Boulevard. He indicated that it was his understanding that Ladco Company Limited is to construct the bridge at Southglen Boulevard at its own expense while preserving the vast majority of the natural habitat along the river. Page 15 Frank Curtis, owner, Hilton Homes, appeared in support of the application. Mr. Curtis indicated that his company had a huge stake in the proposed development and, should it not proceed, he would be forced to lay of all of his staff and cease operations. Dean Bauch, Royalwood Neighbourhood Association, appeared in support of the application and read from a prepared statement, filed as Exhibit 18. Dennis Checkly, President of Hallmark Homes, appeared in support of the application and read from a prepared statement, filed as Exhibit 19. Terry O�Rourke, Private Citizen, appeared in support of the application and read from a prepared statement, filed as Exhibit 20. Vince Buetti, General Manager of A & S Construction Ltd., appeared in support of the application. He stated that the next phases of development in Royalwood are of the utmost importance as there is an impending lot shortage in Winnipeg. He further stated that, should the application not be approved, prospective homeowners would be limited in their scope when purchasing new homes. Frances Cholakis, Private Citizen, appeared in support of the application and read from a prepared statement, filed as Exhibit 21. Peter Kaufmann, Private Citizen, appeared in support of the application. Mr. Kaufman indicated that he served as a Councillor on the Riel Community Committee approximately ten (10) years ago and that, at that time, the Committee had determined that the bridge crossing at Southglen Boulevard was the best option available. He indicated that he was displeased this issue was being considered again as the Developer had been requested to purchase the property required for this crossing at a cost of seven-hundred and fifty thousand ($ 750,000.00) dollars. Mr. Kaufmann stated that, at that time, Community Committee did not want to turn John Bruce Road into a collector street and it was anticipated that St. Anne�s Road would be twinned up to Southglen Boulevard and that this crossing would have little impact on existing residential neighbourhoods. John Woods, Private Citizen, appeared in support of the application. He indicated that, as a resident of Southdale since 1971, he is well aware of how poor planning can negatively impact residential developments and that he did not want to see this happen in Royalwood. He indicated that the bridge will be paid for by the developer, at no expense to taxpayers, and that, despite Save our Seine�s contention, only two (2%) of the existing forest would be affected. John McCutchon, Private Citizen, appeared in support of the application. He stated that he did not want the existing forest turned into a park as this would result in increased traffic in the area. Rick Baydack, Private Citizen, appeared in support of the application. He indicated that he was a professor at the University of Manitoba and that the proposed development could be used as a case study for dedication to the environment. Professor Badack stated that the DFO has stringent Page 16 guidelines for habitat maintenance and that he does not believe the forest will be severely impacted by this development. Jules Legal, President of Save Our Seine Inc. (SOS), appeared in opposition to the application and submitted seven (7) letters opposing the application, filed as Exhibit 22. He explained the composition of SOS and their goal to preserve, protect and enhance the environment of the Seine River. Mr. Legal indicated that in 1999, SOS met with Ron Duhamel, Greg Sellenger and others to discuss the Seine River and it was then determined that Bois des Esprits was likely the most precious natural environment along the river. Mr. Legal stated that SOS had engaged the firm of Gaboury Prefontaine and Perry to devise a study for Bois des Esprits and from this study a concept plan was developed. He explained that these concepts, endorsed by SOS, contain two primary components; a natural area and, to a lesser extent, an interpretive centre which they would like to locate near the mill site. He indicated that developing the interpretive centre would provide many educational opportunities but the conservation of the corridor would remain his organization�s primary concern. Mr. Legal stated that Ladco Company Limited was involved in the development of the concept plan and that their name appears on its cover. Mr. Legal indicated that the only issue SOS has with this development is the proposed access at Southglen Boulevard. He stated that it was his belief that Ladco Company Limited had previously supported a plan that did not involve a bridge crossing the Seine River. He explained that he was shocked and outraged when on April 1 st , 2002, a bulldozer destroyed a large section of Bois des Esprits. Mr. Legal stated that SOS compiled a petition with the names of in excess of one thousand (1000) area residents opposing a crossing at Southglen Boulevard. He commended the City of Winnipeg for its monetary commitment to the preservation of Bois des Esprits. Mr. Legal questioned the relevance of Earth Tech�s traffic study and indicated that Earth Tech had overlooked many potential ecological impacts. He explained that members of SOS had attended all of the meetings on this issue and it is SOS�s belief that a bridge constructed at Warde Avenue would satisfy the influx of traffic created by the proposed development. Mr. Legal indicated that he had explained the Warde Avenue crossing to many residents of Royalwood and that those who he had spoken with had been content with an access at Warde; he indicated that it was apparent that the Royalwood Neighbourhood Association did not agree with him. Mr. Legal stipulated that thirty-eight (38%) of Bois des Esprits belongs to the Province of Manitoba and thus to the citizens of the City of Winnipeg. He indicated that Ladco Company Limited does not own the Seine River but is prepared to re-channel, spoil and abuse the river. Mr. Legal stated that all SOS is asking is that the proposed bridge be relocated five-hundred (500) yards away at Warde Avenue. Councillor Vandal referenced the meeting that was held in 1999 with Ron Duhamel and Greg Sellenger and asked if the Provincial or Federal Governments had made any commitments to SOS. Mr. Legal replied that it is his belief that both levels of government recognize their need to become more involved in the preservation of Bois des Esprits and that Raymond Simard had been working hard to raise funds to preserve the forest and make the concept plan a reality. Page 17 Councillor Steeves asked if Mr. Legal believed that the proposed bridge at Southglen Boulevard would bisect the forest. Mr. Legal replied that it would not exactly bisect the forest but would split the ecosystem in two. Gabriel Dufault, President of the Union National Metis St. Joseph du Manitoba, appeared in opposition to the application. He explained some of the history of the area along the Seine River and the involvement of the Metis population in said area. He stated that the flourmill owned by the father of Louis Riel is located within Bois des Esprits. Mr. Dufault stated that his organization was opposed to the construction of a bridge at Southglen Boulevard but that they would support the future construction of a bridge at Warde Avenue. Jim Gyselik, SOS, appeared in opposition to the application. He indicated that he has served the fire department for over thirty (30) years and that the nearest pumper station is located closer to Warde Avenue making construction of a bridge at Warde Avenue more advantageous for emergency access. He further explained that the John Bruce Road bridge could be used for emergency vehicles. Marcel Richot, SOS, appeared in opposition to the application. Mr. Richot iterated that he had paddled the entire length of the Seine River, a journey which took him four (4) days. Mr. Richot conveyed that the Seine River as a whole has been abused but the section of the river located within City boundaries, particularly at Bois des Esprits, is the most beautiful. He indicated that the word �fragmentation� is a better word than bisect to describe what the proposed crossing at Southglen Boulevard would do to the forest. He stated that it is the goal of SOS to follow the will of the City of Winnipeg contained in the Seine River Study and preserve Bois des Esprits, the most pristine section of wooded land along the Seine River. Mr. Richot questioned the traffic numbers used by the developer as opposed to those cited by Earth Tech and stated that the Earth Tech presentation did not properly address the ecological impacts of this development. Sig Laser, Private Citizen, appeared in opposition to the application. Mr. Laser indicated that he was generally supportive of the development but was opposed to the proposed bridge crossing at Southglen Boulevard and stated that most residents surveyed were opposed as well. Mr. Laser spoke of the DFO�s requirements and indicated that the proponent is relying on a letter from the Province of Manitoba indicating that the Province will support the recommendation of the DFO. Mr. Laser commented on the configuration of the public hearing process and indicated that the way the meeting was structured forces the situation into a win/lose situation and that the Committee should not make its decision tonight and that the matter should be adjourned until January. David Danyluk, SOS, appeared in opposition to the application. Mr. Danyluk asked if the Civic Environmental Committee had reviewed the application; Councillor Steeves replied that it had not and Mr. Danyluk asked that the application be adjourned pending the Civic Environmental Committee reviewing the application. He described the SOS concept plan for Bois des Esprits and indicated that parking in Royalwood would not be an issue as local residents would be able to walk to the park and others could use alternative methods of travel, such as transit. Mr. Page 18 Danyluk indicated that the asphalt path proposed in the concept plan would be linked to existing paths in Royalwood and would allow for mobility challenged people to view the forest. Mr. Danyluk indicated that the traffic study detailed that a Warde Avenue bridge would accommodate traffic flows in the area and that the Southglen Boulevard plan would only be more convenient for the developer. Mr. Danyluk indicated that the proposed crossing at Southglen would negatively impact the environment. Councillor Vandal asked why SOS had signed off on Earth Tech�s study to which Mr. Danyluk replied that said study was not environmental in nature but based on traffic. Allan Parker, Private Citizen, appeared in opposition to the application. Mr. Parker indicated that he was not opposed to the development as a whole, only the proposed bridge crossing at Southglen Boulevard. He explained that people who purchased homes on Southglen Boulevard did not envision the increased traffic that a bridge crossing at Southglen Boulevard and St. Anne�s Road would create and that said traffic increases would be a danger to neighbourhood children. Mr. Parker stated that he was supportive of the construction of a crossing at Warde Avenue. Ron Thiessen, Western Canada Wilderness Committee, appeared in opposition to the application. Mr. Thiessen commended the City of Winnipeg for its monetary contributions to preserve Bois des Esprits but voiced his concern over the proposed Southglen Boulevard river crossing and subsequent re-chanellization of the Seine River. He stated that the proposed bridge construction would contribute to further pollution of the Seine River and that the matter should be adjourned until more information is available. Harold Thwaites, SOS, appeared in opposition to the application. Mr. Thwaites explained that the Royalwood Phase II development would not be hindered should the bridge access be constructed at Warde Avenue in lieu of Southglen Boulevard. He further stated that the developer could contribute financially to the construction of a bridge at Warde Avenue instead of Southglen Boulevard. Darlene Bell, Private Citizen, appeared in opposition to the application. Ms Bell stated that the installation of a bridge at Southglen Boulevard would further exasperate an already intolerable traffic situation on St. Anne�s Road. She further indicated that she was supportive of the development but not supportive of a bridge at Southglen Boulevard. J. P. Brunet, Past President, SOS, appeared in opposition to the application. Mr. Brunet indicated that SOS has come under fire in the media as a result of the their opposition to Ladco Company Limited�s application. Mr. Brunet explained that he was a member of the Seine River Task Force whose study was approved by City Council several years ago. Mr. Brunet quoted from said study; in the study, it was determined that only one crossing would be sufficient to accommodate the next phases of development in Royalwood. Mr. Brunet surmised that the proposed crossing at Southglen Boulevard would destroy a large section of the Seine River riverbank. Bev Sawchuk, Fundraising Chair, SOS, appeared in opposition to the application. She indicated that SOS had raised sixty-seven thousand ($ 67,000.00) dollars to date to purchase Bois des Page 19 Esprits and spoke of the City of Winnipeg�s monetary commitment to the purchase of said lands. Ms. Sawchuk explained that the City had appraised the land at sixty-five thousand ($ 65,000.00) per acre and that Ladco Company Limited�s price for said land was seventy-five ($ 75,000.00) per acre. She iterated that Ladco Company Limited had bulldozed a portion of Bois des Esprits without permission and also had become a liability to SOS�s fundraising campaign. David Watson, SOS, appeared in opposition to the application. He asked whether the area he referred to as the �tree stand� would be rezoned as multi-family residential or park land. He also asked the City Naturalist to comment on the tree stand; the City Naturalist indicated that the land in question was quality habitat. Mr. Watson also asked if condominiums could be developed on site should the tree stand be rezoned to multi-family residential. Christine Mazur, Private Citizen, appeared in opposition to the application. Ms Mazur reiterated concerns about the proposed bridge at Southglen Boulevard and suggested that a Warde Avenue crossing would be a viable alternative. Nathan Laser, Private Citizen, appeared in opposition to the application. Mr. Laser explained that, as a member of the urban green team, he had worked with SOS to maintain and clean the Seine River and that the major point sources for pollution along the Seine River were bridge crossings. Mr. Laser refuted many of the conclusions contained in the Earth Tech report and indicated that at an open house hosted by SOS, the vast majority of those in attendance did not support a bridge crossing at Southglen Boulevard. Joe Keszi, Private Citizen, appeared in opposition to the application. He indicated that Earth Tech had not included a cumulative impact assessment in their study and that the construction of a bridge at Southglen Boulevard would likely decrease property values in the area. Mr. Keszi iterated that it was remiss of the developer to make this application without fully assessing potential impacts. He stated that the demand for housing in the City of Winnipeg currently exceeds supply and should the proposed Southglen bridge not be constructed, it is his belief that lot prices in the development would not be impacted. Mr. Keszi explained that his mother lives on Southglen Boulevard and the proposed bridge would threaten the safety of neighbourhood children. Dave Dyck, Private Citizen, appeared in opposition to the application. He stated that the media battle waged between SOS and the developer has put the Councillors of the Riel Community Committee under a great deal of pressure and encouraged said Councillors to listen to the concerns of area residents and ensure their views are reflected in their decision. Serge Larochelle, Private Citizen, appeared in opposition to the application. He indicated that as a child he used Bois des Esprits as a playground and learned to respect nature there. He iterated his opposition to the proposed bridge at Southglen and challenged the developer to preserve all of Bois des Esprits. Page 20 Reid Edgeworth, Private Citizen, appeared in opposition to the application. He indicated that he was supportive of the development but opposed to a bridge being constructed at Southglen Boulevard. Gerard Lecuyer, Private Citizen, appeared in opposition to the application. Mr. Lecuyer stated that the public hearing was not sufficiently advertised. He indicated that at a meeting held by SOS at Morrow Church, the vast majority of people in attendance, including himself, opposed the proposed crossing at Southglen Boulevard. Mr. Lecuyer stated that Bois des Esprits should be protected at all costs and that, should this area be disturbed by the proposed bridge at Southglen Boulevard, the loss would be great to the Metis people and the citizens of the City of Winnipeg. Guy Magnusson, Private Citizen, appeared for informational purposes. He indicated that he was supportive of the proposed development as the company he represents will eventually develop lands adjacent to the said development. Mr. Magnausson asked at what point in the development of the next phases of Royalwood would the Warde Avenue crossing be constructed. Sylvie Hebert, SOS, inadvertently indicated that she was appearing for informational purposes and asked that she be registered in opposition to the application as she opposed the proposed crossing at Southglen Boulevard. Henry Thiessen, Congregational Chair of Morrow Gospel Church, appeared for informational purposes. Mr. Thiessen asked what would happen to the storm sewers and riverbank located on the Church property adjacent to the development. Wayne Dinzey, Private Citizen, appeared in support of the application. Mr. Dinzey stated that a wilderness committee had approached his company asking that he not support the application. He explained that he is an environmentalist and that he was supportive of the construction of two bridges (at Warde Avenue and at Southglen Boulevard) from both an environmental and safety point of view. Mr. Dinzey indicated that if SOS could be supportive of the concept plan for Bois des Esprits as detailed on their website, they should be supportive of this development, which would be less intrusive. Peter Muir, Alan Borger and Scott Harnish returned in rebuttal. Peter Muir addressed the issue of traffic and indicated that the traffic count of four to five (4,000 -5,000) thousand is the traffic count anticipated on John Bruce Road in the year 2022. Mr. Borger indicated that the City of Winnipeg�s traffic department, UMA Engineering, Wardrop Engineering and now Earth Tech have all done studies on the traffic issue and indicated that he did not believe that another traffic study was needed. Councillor Vandal asked the Traffic Assessment Engineer if building a bridge at Southglen Boulevard would endanger the children living on Southglen Boulevard. The Traffic Assessment Engineer replied that the majority of traffic exiting Royalwood would turn onto St. Anne�s Road and that traffic on Southglen Boulevard would increase by approximately ten (10) percent. Page 21 Councillor Steeves asked the applicants to address the concerns raised by Mr. Thiessen of Morrow Gospel Church. Scott Harnish indicated that the work they are proposing is on the east side of the Seine River not on the City-owned land located between the Church�s land and the river. The existing storm sewer would be extended into the new channel that is proposed. The area of the old channel will be filled in and graded to a more stable, shallow slope that will provide better riverbank stability. The developer will then re-vegetate the area with native grass and shrubs to enhance the area and preserve it for the future. He iterated that the work will be limited to the developer�s lands and that they would not encroach on the Church�s property. Councillor Angus asked how many lanes of traffic the new bridge would accommodate. Mr. Harnish responded that there would be two (2) lanes, five (5) meters in width with a turning lane beginning at the end of the bridge. Mr. Muir addressed the question raised by Mr. Watson. He stated that the developer wants the 13.5 acres in question rezoned to multi-family residential and that this would be the last stage of the proposed development. Councillor Angus asked the Senior Planner what his recommendation was with respect to said 13.5 acres. The Senior Planner replied that, given the choice, his department would be supportive of rezoning the land in question to a parks and recreation district. Councillor Angus asked the applicant if it was their intention to rezone this piece of land to avoid going through the public hearing process again to which Mr. Borger replied in the affirmative. Mr. Borger indicated that he would be willing to address this, and other issues, as part of the development agreement. Councillor Vandal asked if the applicant was willing to grant SOS an extension of time to raise the funds necessary to purchase the Bois des Esprits land. Mr. Muir replied that the applicant is willing to extend said deadline, pending several conditions. Councillor Angus asked the developer should SOS not raise the funds required to purchase the 13.5 acres, if the developer wanted the zoning to revert from a parks and recreation district to a multi-family district to which Mr. Borger replied that these details could be handled administratively. Councillor Vandal asked where the development would begin. Mr. Borger replied that they would begin to build in the south and move north as services are installed. Mr. Borger indicated that bridge construction and retention ponds could only begin in winter and this would be the largest factor determining when the project would begin. Councillor Angus indicated that he was going to move a motion recommending that this application be approved. He stated that the City of Winnipeg had made monetary commitments to preserve Bois des Esprits and that the proposed bridge at Southglen Boulevard disturbed a minimum amount of the forest located there. He further stated that the developer has made many concessions, including altering the construction of the proposed Southglen bridge to allow for passage underneath it. Councillor Angus iterated that he was disappointed that a more amicable solution had not been arrived at and that he sympathised with both the developer and SOS. Councillor Steeves stated that Bois des Esprits is a project that has captured his heart and that SOS has always conducted themselves with class. He indicated that it was his belief that the Page 22 people of St. Vital want to preserve the forest and that SOS� plans for said forest have never been meant to be invasive. He stated that with Ladco Development Company�s application, the vast majority of the forest will be preserved and that the Developer will pay for the bridge. He indicated that he would be supportive of Councillor Angus� motion and that he would be moving subsequent motions dealing with the proposed connection at St. Anne�s Road and eventual twinning of St. Anne�s Road. Councillor Vandal stated that that the City of Winnipeg has committed hundreds of thousands of dollars to purchase land along the Seine River. He further iterated that the City of Winnipeg hired an independent consultant to review traffic implications and that, years ago, the City had directed the developer to purchase the land required for the proposed Southglen Bridge. Councillor Vandal stated that it was his belief that the proposed crossing at Southglen would not ruin efforts to preserve Bois des Esprits and that he would be supporting Councillor Angus� motion. Page 23 � 34 V. Buckley Report (Manager of Planning and Land Use) Page 35- 41 E. L. Carriere report (Administrative Coordinating Group) Page 42 Inter-Office Memorandum Planning, Property and Development Department Development and Inspections Division, Land Development Branch Main Floor, 65 Garry Street Date: December 16, 2002 To: M. Pittet, Clerk From: E. L. Carri�re, Land Development Branch RE: Proposed subdivision and rezoning of land located between the Seine River and the CPR Emerson Subdivision, south of John Bruce Road � DASZ 19/00 FILE: AG 19/00 (PLEASE QUOTE WHEN REPLYING) Following are additional conditions which should be added to the A. C. G. �s report dated December 5, 2002. These conditions deal with possible acquisition of a school site by the Louis Riel School Division and the transfer of certain residual lands to the City for development control purposes. �30. The Developer shall grant an option to the City for $1.00 which option shall be fully assignable to the Louis Riel School Division, to purchase a school site of approximately 4.3 acres which option shall include but not be limited to the following terms and conditions as determined by Standing Policy Committee on Property and Development: i) The option shall be for five (5) years, ii) The land cost shall be based on the City�s standard value for acquisition of land for public use as determined and set from time to time by the City, iii) The cost of services benefiting the school site shall be calculated based on the City�s uniform or pooled rates for Local Improvements for the year in which the services were constructed or the actual cost of construction, whichever is the lesser as determined by the City. 31. a) The Developer shall transfer to the City all residual lands abutting privately-owned land fronting on John Bruce Road for development control purposes. The City agrees not to sell the residual lands to the adjacent property owners unless and until those owners have paid the following to the City: i) $1.50 per square foot for the residual land and i i) The cost of constructing the services in the abutting street on the basis of the Local Improvement rates prevailing at the time payment is received. The City shall pay all monies collected for land and services to the Developer. b) The Developer shall transfer 1-foot strips to the City within the new street rights-of-way abutting privately-owned property fronting on John Bruce Road. The City shall not permit access across the 1-foot strips until the owners of the land have Page 43 paid their share of the cost of services constructed by the Developer in the abutting street as per a) above.� �Original signed by E. L. Carri�re� E. L. Carri�re, P. Eng. Land Development Engineer ELC/ld v:\ 9-ernie\ december\ 00ag19b-mp. doc |