RielCommunityAgendaDecember172002

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Agenda -Riel Community Committee -December 17, 2002

1. Proposed Rezoning -South of John Bruce Road to Four Mile Road; west CPR Emerson and east of Seine River File DASZ 19/2000

ADMINISTRATIVE RECOMMENDATION

1. That the plan of subdivision proposed under File No. DASZ 19/00, be approved for preparation as a plan of subdivision by a Manitoba Land Surveyor, in accordance with Schedule �A� for File DASZ 19/00, and 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 report of the Administrative Coordinating Group dated December 5, 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 19/00 dated December 11, 2002, to a �PR-1� Parks and Recreational District, a �PR-2� Parks and Recreational District, an �RI-4� Single Family District, an �RM-2� Multiple Family District and an �RM-4� Multiple Family District.

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.

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.

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Agenda -Riel Community Committee -December 17, 2002

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.

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Agenda -Riel Community Committee -December 17, 2002

File: DASZ 19/2000
Applicant: Ladco Company Limited (Ken Oblik)
200-40 Lakewood Boulevard Winnipeg, MB R2J 2M6
Subject: (MAP NOT SHOWN)
Premises Affected: South of John Bruce Road to Four Mile Road; west CPR Emerson and east of Seine River

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Agenda -Riel Community Committee -December 17, 2002

Exhibits Filed:
1. Application dated September 25, 2000
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

The Administration advised that all statutory requirements with respect to this application have been complied with.

Moved by Councillor
That the report of the Manager of Planning and Land Use be taken as read.
REPRESENTATIONS:
In Support:
In Opposition:
For the City:

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Agenda -Riel Community Committee -December 17, 2002

Moved by Councillor
That the receipt of public representations be concluded.
RECOMMENDATION:
Moved by Councillor
That the Riel Community Committee recommends
SUPPORTING REASONS:
Moved by Councillor
That the public hearing with respect to this application be concluded.

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In reply please refer to /R�f�rence � rappeler
File No. DASZ 19/00
Our c/f CP 500 (. 531)
December 10, 2002
Kevin Lalor (204) 986-5069 Fax /T�l�c. : (204) 986-3684

Mr. Marc Pittet
Community Committee Council Building
510 Main Street
Winnipeg, MB R3B 1B9

Dear: Mr. Pittet

SUBDIVISION AND REZONING
Land located: South of John Bruce Road/East of the Seine River Riel Community
File No. DASZ 19/00 __________________________________________________________________

An application has been received from Ladco Company Ltd. for approval of a plan of subdivision and related zoning change to Zoning By-Law No. 6400/94 by rezoning the subject lands from an �A-5� Agricultural District and a �R1-20� Residential District to a �PR-1� Parks And Recreation District, a �PR-2� Parks And Recreation District, an �R1-4� Single Family District, an �RM-2� Multiple Family District and an �RM-4� Multiple Family District to allow for the future development of a single and multiple family residential subdivision while at the same time protecting and preserving an existing 80 acre forest adjoining the Seine River.

RELATED FILES: (MAP NOT SHOWN)

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SITE DESCRIPTION:

Site Area:

   The subject lands are bounded on the north by John Bruce Road; on the east by the CPR Emerson Line; on the west by the Seine River; and on the south, by what will eventually be the extension of Warde Avenue. The area in total encompasses approximately 305 acres (124 hectares).

Existing Land Use and Zoning:

   The bulk of the property is open agricultural land zoned A-5 Agricultural. Almost 80 acres of the overall area is heavily treed and lies adjacent to the Seine River; it is similarly zoned A-5 Agricultural. The frontage properties which constitute part of the application along the south side of John Bruce Road, also are vacant and are zoned R1-20 Residential.

Surrounding Land Use and Zoning:

North: To the north immediately adjacent on the south side of John Bruce Road are a dozen or so lots, primarily residential, zoned R1-20 Residential. Further to the north is a fully developed residential subdivision with a mix of R1-5, R1-4 single-family lots interspersed with some low density multiple family housing.
East: To the immediate east is the CPR Emerson line and east of that vacant lands zoned �A-5� Agricultural.
South: To the south are a substantial number of private holdings zoned �A-5� Agricultural.
West: Immediately west of the Seine River, much of the land between St. Anne�s Rd. and the Seine River is occupied with seniors condo developments, of varying densities Zoning ranges from RM-L to RM-3 Multiple Family.

DEVELOPMENT DESCRIPTION:

   The subject application constitutes the second phase of Royalwood and extends residential development south of John Bruce Road as far as the Warde Avenue Extension. The proposed subdivision is bounded on the east by the CPR Emerson mainline and on the west by the Seine River. The plans, in addition to delineating the Warde Avenue extension, also provide for the southerly extension of Shorehill Boulevard and link the aforementioned right-of-way with St. Anne�s Road (via a new bridge) at the existing intersection of Southglen Boulevard and St. Anne�s Road.

   Approximately 760 �R1-4� single family lots are proposed; development to occur over at least a ten year period. In addition to single family housing, three multiple family sites have been identified, one of which will, in all likelihood, be a future school site; another further to the north will probably be purchased by the City (in conjunction with Save Our Seine River Environment Inc.), zoned PR-1 by way of this application, and assimilated into the overall public reserve area lying adjacent.

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   Two relatively large wetland/retention lake areas are also identified in the south half of the subject area and are slated to be built first, should the subject application be approved. Under the current proposal, 13.66 acres of wetland �retention basins� is to be set aside in addition to 88.5 acres of public reserve. Much of the proposed public reserve area is treed, 98% of which is to be preserved and protected under this proposal. From the standpoint of services, the interceptor sewer will likely access the area at a point close to Warde Ave. and watermains are expected to cross the Seine in the proximity of the proposed bridge at Southglen Boulevard.

HISTORY:

   In order to better understand certain aspects of the subject application, including the applicant�s rationale for the proposed bridge location, it helps to have some understanding of the chronological order of the larger residential applications that occurred on or adjacent to the subject property in the last twenty years.

   In the early to mid 1980s, the City�s Streets and Transportation Department viewed the lands adjoining the Seine River east of the Novavista intersection as the most logical location to construct a bridge which would eventually link the Ladco lands south of John Bruce with South St. Vital. However, Ladco was unsuccessful in their efforts to acquire the private lands west of the Seine River and as a result, locations for a bridge were pursued.

   In 1983, Ladco made application for a residential subdivision (DASZ 32/83) on the lands in question. Similar in many ways to the current application, two large retention lakes were proposed with marginal provision for protection of the habitat areas along the river. A bridge linking the area was to cross the Seine at a point coinciding with the then proposed Paddington Road extension from the west. Paddington Road was eventually to become the current Southglen Road.

   That application went to the Riel Community Committee in January 1985 and was endorsed. One of their supporting arguments being that �the proposed subdivision ties in with the newly revised Compark subdivision to the west. The Paddington Road (future Southglen) extension is scheduled to intersect with the main collector street providing access to the Ladco Subdivision�. At that time Riel Community Committee further directed the developer Ladco to acquire land for the proposed collector street system opposite the then planned connection of future Southglen Boulevard. That application was never proceeded with.

   In that same year, an application by Compark (DASZ 40/85) for a 285 lot residential subdivision for the lands between Dakota and St. Anne�s on both sides of the Paddington Road (Southglen) was submitted to and endorsed by the Riel Community Committee. That report clearly indicates that the future Southglen was to be a collector street connecting St. Anne�s with Dakota. The plans also clearly indicate the widened access at St. Anne�s, the large commercial property at the NW corner of St. Anne�s, and clearly indicate the developer�s responsibility to install traffic control signals at St. Anne�s and Paddington (Southglen).

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   In 1990, under application number DASZ 5/90 Ladco made application to develop its lands north of John Bruce Road. The plans called for the eventual construction of 590 lots and amongst the listed conditions of approval were the following: Prior to the connection of any street within the subdivision to John Bruce Road, the following works must be constructed by the developer; a) a temporary asphaltic concrete access road including a vehicular crossing over the Seine River and street lights within the public right of way from the intersection of John Bruce Road to the intersection of St. Anne�s Road and Southglen Boulevard or such other new right of way crossing the Seine as determined by the City; b) developer to pay the cost of traffic control signals etc. at the aforementioned intersection or at such other new right of way connecting to St. Anne�s Road.

   A short time later in 1991, while still considering DASZ 5/90, the Riel Community Committee adopted, in principle, a concept plan which included street crossing of the Seine River to St. Anne�s Road opposite Southglen. The former Streets and Transportation Department, in corresponding with other City Departments at the time, clearly identified the Southglen connection as being one acceptable bridge alternative linking the Ladco properties to St. Anne�s Road. The only other site identified was located midway between Novavista and Woodydell to the north.

   In August of 1999, Grandin Park Development, a joint venture between Ladco and the Province of Manitoba, advised that it was preparing design concepts for the next phase of Royalwood. Ladco also recognized at that time that 80 of the overall 305 acres involved had been given a Grade �A� (or best quality habitat) designation by the Seine River Task Force.

   On Sept. 12, 2000, Riel Community Committee, considered and approved, a report from the City recommending that AG 5/90 be amended by deleting the condition contained in the development agreement specifying that Shorehill Drive had to be extended though to St. Anne�s Road if a connection from Royalwood Phase 1 to John Bruce was initiated. The connection was needed to accommodate school bus and transit access.

   In September of 2000, Ladco made formal application of DASZ 19/00. Several alternative proposals, �A� and �B� were submitted at the time, but ultimately Proposal �A� which delineated as park all the land designated by the Seine River Greenway Study as A quality habitat (approx. 80 acres) and was the preferred alternative of Save Our Seine River Environment Inc. with respect to preservation of the forest only.

BOIS DES ESPRITS:

   On July 16, 1980, City Council approved the Seine River Park Study and requested that an Implementation Task Force be established to prepare a five year budget for park development. That plan was generally viewed as too ambitious and was never implemented except as a guide to land acquisition.

   In 1983, Council modified the Comprehensive Parkway Concept to that of a Linear Parkway Strategy, with development comprised of passive parks, recreational areas and limited access natural area preserves.

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   In 1993, The City of Winnipeg Board of Commissioners approved the composition and work plan for the Seine River Task Force, as well as, a budgetary provision of $85,000 to undertake an extensive study of the Seine River within the city limits. The resulting document is the Seine River Greenway Study. The study identifies the area south of John Bruce Road, east of the Seine River as an area of high quality A habitat. The study indicates in detail how the riverbottom forested areas, complete with wetlands and vestiges of old river oxbows are coveted by the Task Force. The study goes on to say that the area needs to be purchased, protected and preserved for the future. The above mentioned 80 acre riparian habitat along the east bank of the Seine River south of John Bruce Road is known as �Bois des Esprits� or �Spirits in the Woods�. Not only a prime example of river bottom forest, Bois des Esprits is home to a wide variety of wildlife. As a result of the City�s commitment to the principles and objectives of the Seine River Greenway Study, the City in conjunction with The Save Our Seine River Environment Inc. and the Provincial and Federal Governments have been investigating for some time ways and means in which a partnership can be structured in order to acquire and protect Bois des Esprits and also build a future interpretative centre. For its part, the City of Winnipeg has been attempting to identify funds so that they can participate in this partnership in a meaningful way.

   On November 20, 2001, the Standing Policy Committee on Property and Development passed the following motion: �that the Director of Planning, Property and Development be authorized to negotiate the acquisition of some or all of the Bois des Esprits� river bottom forest above the waterway requirement, as outlined on misc. plan 11303 and report back to the Standing Policy Committee on Property and Development. The total price of the land is $2.6 million.

    On June 19, 2002, City Council committed $1 million to acquire the forest for use as a natural area park. In addition, the City has agreed to match, dollar for dollar, all funds raised to a maximum of $600,000. Save Our Seine River Environment Inc. has launched a fund raising campaign and in a letter dated November 25, 2002 has requested an extension of the original fundraising deadline to December 31, 2003 in order to cover the shortfall of $1 million. However, the acquisition of either a part of or all the Bois des Esprits tree stand is only one of two major issues facing the development of the subject lands.

   The second issue is Ladco�s proposed vehicular access from St. Anne�s Road over the Seine River to the proposed Royalwood Phase 11 residential subdivision. The developer and the City Administration have always believed that the most appropriate location for this bridge was in the area near the south limit of the tree stand opposite the Southglen Boulevard intersection with St. Anne�s Road. As such, the developer had acquired the aforementioned land in 1989 for this anticipated future need.

   Save Our Seine River Environment Inc. generally opposes this location because it does not agree the bridge is necessary given a future commitment by the City to build a bridge further south at Warde Avenue and, in addition, the bridge requires the destruction of approximately 2 acres of Bois des Esprits forest and further fragment a portion of the forest.

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ROYALWOOD ACCESS ASSESSMENT STUDY:

On June 19, 2002, the Executive Policy Committee instructed the Director of the Planning, Property and Development to advise the Save Our Seine River Inc. that the City, subject to Council approval, was prepared to commit $1 million towards the acquisition of the tree stand and, in addition, was prepared to match, dollar for dollar, all other alternative sources to a maximum of $0.6 million for funding the proposed acquisition, all based on a price of $65,000.00 an acre. Save Our Seine River Environment Inc. was given an initial time limited deadline until December 31/02 to complete its campaign of fundraising.

   The Director was also instructed to obtain an independent assessment on the long-term traffic and environmental impacts of the three primary alternative bridge locations to access the proposed Royalwood Phase II residential development; and pending the opinion of this independent assessment, ensure that the lands now readily available for bridge construction be preserved accordingly.

   By July 2002, a Steering Committee had been established to develop terms of reference for what was to be referred to as the Royalwood Access Assessment Study and provide direction for the project in the following months. Members of the Committee were drawn from a number of City Departments, in addition to representatives of the Save Our Seine River Environment Inc.

   By August, Terms of Reference clearly identifying the goals and objectives for the Study had been completed for review and ultimately were endorsed by all members of the Steering Committee. An RFP was sent out on August 30 to a select group of consulting firms who were invited to submit proposals. By late September, after submissions had been made and a number of firms had been short listed and interviewed, and with unanimous agreement of the Steering Committee members, the contract was offered to Earth Tech (Canada) Inc. Specifically the goals highlighted in Earth Tech�s proposal addressed:

a. the provision of adequate access to the proposed Royalwood II residential development;
b. called for a solution which would best meet the needs and concerns of the community as a whole;
c. ensure that environmental impacts would be minimized;
d. ensure the operational functionality of recommended access alternatives;
e. limit negative land use impacts and provide opportunity for economic growth and beneficial land uses; and
f. minimize capital cost and life cycle costs.

   Inherent also in the process, from the outset, was also a commitment to a public consultation process, the intent of which was to ensure that the benefits and impacts associated with each bridge crossing alternative would be effectively communicated to all stakeholders in order to gain assistance in selecting a preferred option.

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    In accordance with the Terms of Reference, six crossing alternatives were looked at in the context of environmental impact, traffic impact, transportation planning guidelines, costs, emergency access and neighbourhood/public preferences. Recognizing the eventual construction of Warde Avenue as a constant in the process, the alternatives studied were as follows:

1) Warde Avenue alone (single crossing)
2) Warde Avenue with provision for emergency vehicles at John Bruce Road
3) Warde Avenue and John Bruce Road (fully opened)
4) Warde Avenue and Nova Vista Drive
5) Warde Avenue and Compark Road
6) Warde Avenue and Southglen Blvd.

   An open house was held on November 27, 2002, presided over by the consultants, at which time they displayed much of their preliminary findings. Although only 311 people officially registered with 309 surveys completed, it is estimated that more than twice that number attended the open house. It is important to note that throughout the process, the consultants were encouraged to meet with and were successful in meeting with any and all interest groups that wished to have their specific concerns or issues addressed.

ACCESS ASSESSMENT STUDY CONCLUSIONS:

   The purpose of the access assessment study, from the outset, was to evaluate the long and short term impact of the alternative bridge locations identified on the existing environment and on the neighbouring communities to the north and west. The task of the Consultant was not to provide your Committee with a specific recommendation at the end of the process, but rather to draw conclusions based on the sum total of the information gathered in order to assist your Committee in making an informed decision. Given that the Consultant will be making a detailed presentation of their findings at the time of the Public Hearing, this report will only touch on what appears to be the highlites of the Study.

   Without over simplifying, after all the matrixes have been completed and evaluated and all of the surveys have been tabulated and assessed, what stands out, is that, of all the options, the Warde Avenue Extension (which is a constant), combined with a bridge at Southglen appears to have the most merit and the most support. While its apparent that a bridge built at Southglen would have the highest impact on the river morphology and, to some extent, on the adjacent habitat area than would be the case if a new bridge were built at John Bruce, in most other aspects it has an some distinct advantages over the others.

    First it connects to the existing collector street system west of St. Anne�s Road. Neighbourhood street patterns and access points should allow for a choice of routes for day-to-day traffic and for emergency vehicles and provide for convenient, not just adequate, access to both Bishop Grandin and St. Anne�s Rd. This option allows for that, while also providing a good connection to established neighbourhood services in South St. Vital, such as libraries, schools and community centres.

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   Of equal importance is the cost factor. The cost of land acquisition and bridge construction at Warde Avenue, whenever it is built, will be borne by the City at large. Ladco is committed to building the proposed bridge at Southglen with little or no cost to the City. By contrast, a new bridge at John Bruce, while achieving a rating almost as high in the ranking system used by the Consultant, has several clear disadvantages. First it doesn�t function as efficiently as an emergency access to the new subdivision areas because of the distance (response time) from the closest fire station # 26 at Warde and Dakota.

   More importantly, the costs to the City would be high. John Bruce Road west of the Seine River would have to be realigned in order to properly intersect with Meadowood. That would necessitate the acquisition of an existing trailer park and 4-5 homes along John Bruce Rd. A chart, (based on the information available at the time of this writing), has been attached to the accompanying report and may more clearly indicate the ranking given to the various options. Depending on the criteria, A indicates either the preferred option, or the most inexpensive option, or the option of least impact. F constitutes the worst option in all cases.

PLAN WINNIPEG:

   Under Plan Winnipeg, the subject area is, in its entirety, within a Neighbourhood Policy Area. Neighbourhood Policy Areas are intended to include a residential mix together with a variety of educational, recreational, institutional, commercial and possibly industrial uses, at a scale and density compatible with each other. One of the primary objectives of Plan Winnipeg Policy is to promote compact urban form, which means a) approving new residential subdivisions where there is a reasonable relationship between the supply of land and the projected demand and when a full range of municipal infrastructure can be provided in an environmentally� sound, economical and timely manner, and; b) supporting new development which is adjacent to, and compatible with, existing development and which is designed to minimize the spatial use of land.

   A second objective of the Plan, and of equal importance, is the protection of environmentally sensitive lands that contain important pockets of natural flora and fauna by evaluating proposed new developments that impact high� quality natural areas and encouraging the protection and preservation of such lands to the greatest extent possible. And finally, the City shall provide an integrated transportation network that supports it�s commitment to sustainability and compact urban form. It is felt that, in this instance, every effort has been made by the Administration of the City of Winnipeg and City Council to ensure that the aforementioned policy objectives have been adhered to.

ADMINISTRATIVE COMMENTS:

   This subdivision represents an orderly expansion of residential development and a logical next step for the Royalwood Neighbourhood. It meets the requirements of the City for a new residential subdivision and should meet all the conditions established by the Administrative Coordinating Group. Except for its location next to the Seine, this would be a simple, straightforward application.

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   The City�s principal concern has been the desire to protect the natural character of the Seine River and the forested areas adjacent to this new development. This created two critical issues:

1. How can the forest (Bois des Esprit) be secured for the enjoyment of future generations?

2. How can the need for vehicle access across the Seine to St Anne�s be accomplished with minimum impact on this important natural resource?

   As described earlier, the City, with the cooperation and support of the developer and Save Our Seine Environment Inc., will, hopefully, be able to acquire most of the forest and there is every expectation that fund raising efforts by Save Our Seine Environment Inc., and additional funding by the City, will be able to acquire the full 80 acres. The Southglen option will contain specific mitigating measures for protection of the forest and river, the details of which will be addressed in the final Development Agreement. Ultimately, the City, Save Our Seine Environment Inc. and the developer all benefit.

   The question of the appropriate location and number of bridge connections over the Seine is assessed in detail in the consultant�s report. In the end in comes down to balancing three issues:

--- protecting an important environmental asset; �
---providing adequate vehicle access; and
---ensuring effective inter-neighbourhood connections.

   The history of development in this area over the past 20 years, and the many discussions about appropriate crossings of the Seine, as described earlier, must also be taken into account.

   It is therefore recommended that the application, including the bridge crossing of the Seine to the Southglen -St Anne�s intersection, with the future development of a second crossing at Warde Avenue, as recommended by the consultant�s report, be approved.

RECOMMENDATION:

I. That the plan of subdivision proposed under File No. DASZ 19/00, be approved for preparation as a plan of subdivision by a Manitoba Land Surveyor, in accordance with Schedule �A� for File No. DASZ 19/00, attached hereto, and 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 report of the Administrative Coordinating Group dated December 5, 2002;

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II. That the Director of Planning, Property and Development be authorized to certify any documents in connection therewith.

III. That Zoning By-Law No. 6400/94, be amended by rezoning the subject land as shown on Schedule �A� for File No. DASZ 19/00, attached hereto, and dated December 11, 2002, to a �PR-1� Parks and Recreational District, a �PR-2� Parks and Recreational District, an �RI-4� Single Family District, an �RM-2� Multiple Family District and an �RM-4� Multiple Family District.

IV. 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.

V. That the City Solicitor be requested to prepare the necessary by-law in accordance with the above.

VI. 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. VII. 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.

VIII. 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.

IX. 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.

Final

Yours truly,
V. Buckley
Manager of Planning and Land Use
Per: Kevin Lalor, Senior Planner (Riel Community) 986-5069
/jc

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CHART
OPTIONS KEY:
Warde 1
Warde/John Bruce 2
Warde/Comp 3
Warde/S. Glen 4
Warde/John Bruce Emergency 5
Warde/Nova Vista 6

Criteria
Environment 1A 2C 3D 4E 5B 6F
Traffic 1F 2C 3B 4D 5E 6A
Transportation Planning 1F 2D 3C 4B 5E 6A
Public Open House 1A 2C 3D 4B 5? 6?
Public Cost (including present value) 1B 2E 3D 4A 5C 6F
Emergency Access (BLANK)

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Schedule � A� for File No. DASZ 19/00, Riel Community Committee, dated December 11/02

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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

FOR SUBMISSION TO THE CHAIRPERSON AND MEMBERS OF THE RIEL COMMUNITY COMMITTEE

"Original signed by E. L. Carri�re" E. L. Carri�re, Chairman Administrative Coordinating Group

December 5, 2002

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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

An application has been submitted by Ladco Company Limited to subdivide and rezone land located between the Seine River and the CPR Emerson Subdivision, south of John Bruce Road.

The Administrative Coordinating Group has reviewed the plan of subdivision proposed by the Applicant and submits the following report outlining the requirements associated with the plan as submitted. If your Committee decides that Shorehill Drive should not cross the Seine River opposite Southglen Boulevard as proposed by the Applicant, the requirements contained in this report affected by that decision will be amended at the public hearing.

It is recommended that approval of this application be subject to the Applicant amending its plan as follows:

1. By providing right-of-way corner cuts measuring 3.0m by 3.0m at each corner of any intersection where angle of intersection is less than 80� to the satisfaction of the Director of Public Works.

2. Intersection of local streets within the proposed subdivision are to be designed such that the angle of intersection is no less than 70� as measured in the quadrants with the acute angle.

3. By widening by 2.0m rights-of-way which will contain land drainage sewers of a diameter greater than 525mm.

It is recommended that approval of the plan of subdivision amended in accordance with 1., 2. and 3. above be subject to the Developer entering into a Development Agreement as follows:

1. The Developer shall, at no expense to the City, install watermains, wastewater sewers and lateral land drainage sewers required to serve the proposed subdivision as determined by and to the satisfaction of the Director of Water and Waste.

2. a) The Developer shall, at no expense to the City, construct stormwater management facilities within the Planned Area in accordance with the "Criteria for Stormwater Management" (adopted by City Council on April 25, 2001) to the satisfaction of the Director of Water and Waste.

b) The Developer shall, prior to issuance of a Completion Certificate for the retention basins, offset stake and grade lot corners of a representative number of private lots abutting the basins to facilitate inspection for construction completion. The Developer shall provide at no cost to the City an appropriate legal survey complete with legal monuments offset from a representative number of private lot corners in the basins and a plan identifying horizontal and vertical extents of said monuments, which work is to be performed by a Manitoba Land Surveyor indicating the distances that the rear yard legal property limits of all private lots abutting the basins are from the retention basin normal water level, to the

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satisfaction of the Director of Water and Waste as a condition of issuance of a Final Acceptance Certificate.

c) The Developer shall enter into an easement agreement that shall caveat all private lots abutting the basins outlining the special conditions for the maintenance of the vegetated area at the rear of the private lots.

d) The Developer shall advise the property owners of all lots abutting the basins (by annual distribution of notices/pamphlets no later than May 31 of each year) that the property owners are responsible for shoreline erosion protection on their own properties, in accordance with the policy adopted by Council on December 12, 2001.

e) The Developer shall provide temporary construction easements on all private lots abutting the basins for such periods of time as deemed necessary by the Director of Water and Waste.

f) The Developer shall, at no expense to the City, construct a maintenance ramp on each basin to the satisfaction of the Director of Water and Waste.

g) The Developer shall, at no expense to the City, install chain link fencing, or alternate fencing approved by the Director of Water and Waste, to demarcate the public land component of the basin area from the private land component as determined by and to the satisfaction of the Director of Water and Waste.

h) Notwithstanding any other provision of this agreement regarding a warranty period, the Developer shall be responsible for maintenance of the basin area including appurtenances and landscaping for 15 years (two complete drawdown cycles estimated at seven years each) or at some earlier date as determined by the City and until occupancy of 95% of the dwellings on lots immediately abutting the basin, as determined by and to the satisfaction of the City.

i) The Developer shall provide a separate Letter of Credit in the amount of 15% of the construction cost of the basins and associated appurtenances to the satisfaction of the Director of Water and Waste, which separate Letter of Credit will be released to the Developer upon issuance of the Final Acceptance Certificate.

3. a) The Developer shall, at no expense to the City, install water and wastewater lot line connections to serve each lot within the proposed subdivision. The Developer shall warranty the lot line connections for one year after the water has been turned on for domestic purposes.

b) The Developer shall be required to undertake that sewer and water to houses will not be extended within the lots until such time as each house foundation has been back-filled and its roof has been sheathed.

4. The Developer shall, at no expense to the City, construct portland cement concrete pavements to widths of 7.5m, 8.0m and 10.0m, by 150mm and 200mm in thickness in all streets within the proposed subdivision and all related works all as determined by and to the satisfaction of the Director of Public Works.

5. The Developer shall, at no expense to the City, construct portland cement concrete pavements to a width of 6.0m by 150mm in thickness within the proposed frontage roads within the proposed subdivision, as determined by and to the satisfaction of the Director of Public Works.

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6. The Developer shall, at no expense to the City, construct a 1.5m in width by 100mm in thickness portland cement concrete sidewalk along both sides of all streets with rights-of-way measuring 22.0m in width or greater except where frontage roads are constructed, within the proposed subdivision as determined by and to the satisfaction of the Director of Public Works.

7. The Developer shall, at no expense to the City, construct the new roadway structure crossing the Seine River on Shorehill Drive, in accordance with plans and specifications as determined by and to the satisfaction of the Director of Public Works.

8. Further and in addition to the requirements under Clause 9. below, development within the proposed subdivision is to be limited to not more than 100 single family lots unless and until an all weather roadway within a public right-of-way is constructed between the intersections of Shorehill Drive with John Bruce Road and Shorehill Drive with St. Anne's Road.

9. The Developer is to provide two means of vehicular turnarounds at the terminus of each temporarily dead-ended street and provide any necessary right-of-way or easements therefore, all as determined by and to the satisfaction of the Director of Public Works.

10. The Developer is to construct cul-de-sac vehicular turnarounds at the terminus of each temporarily dead-ended street and provide any necessary right-of-way or easements therefore, all as determined by and to the satisfaction of the Director of Public Works.

11. The Developer shall pay the full cost of the installation of traffic control signals, and all related works including, but not necessarily limited pedestrian and vehicular actuation, interconnection to adjacent traffic control signals and rail crossing protection and audible pedestrian signals at the intersection of Warde Avenue and the north/south collector street when and as determined by the Director of Public Works.

12. The Developer shall, at no expense to the City, pay all costs associated with the installation of the railway crossing and automatic railway crossing protection and all related works at the proposed east/west collector street crossing of the CPR Emerson Subdivision, as determined by the Director of Public Works. The City will endeavour within the limits of its powers to make recoveries from other benefiting landowners through subsequent agreements.

13. The Developer shall pay all costs associated with the relocation of streetlights and other utilities made necessary as a result of or required to accommodate works, which are to be constructed by the Developer to serve the proposed subdivision, as determined by and to the satisfaction of the Director of Public Works.

14. The Developer shall pay to the City in cash, on demand, its share of the cost of the following services to be installed in Warde Avenue along the full length of the subject property abutting the north side of Warde Avenue: i) a 4.0m in width by 200mm in thickness portland cement concrete lane of pavement and all related works; ii) a 1.5m in width by 100mm in thickness portland cement concrete sidewalk; iii) street lighting in the north boulevard; iv) landscaping in the north boulevard; all as determined by the Director of Public Works

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15. The Developer shall pay to the City in cash, on demand, the cost of constructing in portland cement concrete pavement, an eastbound left turn storage lane, upstream transition and median opening on Warde Avenue at its intersection with the north/south collector street as determined by the Director of Public Works.

16. The Developer shall, at no expense to the City, pay 25% of the costs associated with the installation of the railway crossing and automatic railway crossing protection and all related works at the proposed Warde Avenue crossing of the CPR Emerson Subdivision, as determined by the Director of Public Works.

17. The Developer shall, at no expense to the City, construct and/or pay to the City, in cash on demand, his share of the cost of constructing the following works on St. Anne's Road at and in the vicinity of the intersection of Shorehill Drive and St. Anne's Road: i) through lanes, auxiliary lanes, transitions, median opening, channelization and all related works; ii) traffic control signals and all related works including, but not necessarily limited to pedestrian and vehicular actuation and interconnection to adjacent traffic control signals and audible pedestrian signals; all as determined by and to the satisfaction of the Director of Public Works.

18. The Developer shall, at no expense to the City, cause to be installed standard reflectorized permanent street name signs at all new street intersections being created as a result of the subdivision.

19. The Developer shall, at no expense to the City, cause underground electrical and telephone services to be installed to serve the proposed subdivision to the satisfaction of the Director of Public Works.

20. The Developer shall, at no expense to the City, be responsible to control and to initiate the clean-up of litter and refuse from the contractors and builders for this development, both on-site and off-site, during the installation of services and construction of houses, until completion of all construction. The clean up of litter and refuse shall be done on a regular basis as determined by the Director of Public Works. This shall include initiating action and assuming all costs in remedying the situation to the satisfaction of the Director of Public Works.

21. The Developer shall, at no expense to the City, ensure that construction traffic uses routes as determined by the Director of Public Works. The Developer shall maintain, at no expense to the City, the access routes in a clean dust free condition, free of dropped and tracked-on mud, and shall undertake regular cleaning of streets until building construction, including landscaping is complete, all as determined by and to the satisfaction of the Director of Public Works.

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22. The Developer shall, at no expense to the City, construct within the rear yards of all one-two family lots abutting Warde Avenue, a uniform noise attenuation fence 2.0m in height, to the satisfaction of the Director of Public Works. The Developer is to permit the City to file a caveat against the title of each of these proposed lots abutting Warde Avenue requiring the owner( s) to maintain and/or repair or replace the fence as originally constructed, to the satisfaction of the Director of Public Works.

23. The Developer shall, at no expense to the City, construct within the proposed subdivision abutting the CPR Emerson Subdivision a uniform fence 2.0m in height, as determined by and to the satisfaction of the Director of Public Works. Where private property is planned to abut the railway line the subject fence is to be within the rear yard of said lots and the Developer is to permit the City to file a caveat against the title of each property abutting the CPR Emerson Subdivision requiring the owner to maintain and/or repair the fence as originally constructed, to the satisfaction of the Director of Public Works. Said fence is intended to ensure that "pedestrian trespass" to the tracks does not become a consequence of the subject development, thereby jeopardizing existing and/or future anti-whistling regulations along the subject railway line.

24. The Developer shall install signs at the entrances to the subdivision, upon which is displayed a plan of the subdivision showing thereon the locations of all proposed sidewalks, community mail boxes, park and multiple family sites and collector and arterial streets.

25. The Developer shall pay the Seine River Waterway Acquisition charge attributable to the gross area of the land being developed within the proposed subdivision including dedicated public open space and land purchased by the Louis Riel School Division.

26. The Developer shall dedicate as public open space 8% of the land within the proposed subdivision excluding retention basins and land being purchased by the City for the Seine River Waterway and Bois des Esprits. (The Developer is entitled to a credit of approximately 2.1 acres by virtue of an overdedication within Phase 1 of Royalwood.)

27. The Developer shall sell land to the City for Bois des Esprits in accordance with Council's approval of June 19, 2002.

28. a) The Developer shall, at no expense to the City, install boulevard sod and trees on all streets within the proposed subdivision in accordance with construction specifications and plans approved by the Director of Public Works.
b) The Developer shall, at no expense to the City, install inter-locking paving stones and sod on all cul-de-sac islands, centre medians and dividers between street and frontage road pavements as determined by and to the satisfaction of the Director of Public Works.
c) The Developer shall, at no expense to the City, maintain the boulevard improvements for a period of one year in accordance with specifications approved by the Director of Public Works.

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29. The Developer shall pay the full cost of engineering services provided by or on behalf of the City with respect to the installation of all services required to serve the proposed subdivision.

THIS REPORT SUBMITTED BY:
Administrative Coordinating Group
File No. AG 19/00 December 5, 2002

"Original signed by E. L. Carri�re" Land Development Engineer

"Original signed by R. J. Hartmann" Public Works Department Transportation Division

"Original signed by K. T. Raban" Water and Waste Department

/clkdmis/documents/2002-12-17 riel community committee agenda 1196/dasz 19 - john bruce road.pdf.
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