Appeal Committee – June 25, 2010

Agenda – Appeal Committee – June 25, 2010

PUBLIC HEARINGS

Item No. 5 Appeal – Conditional Use - 315 Chancellor Matheson Road (St. Norbert Ward) File DCU 115899A/2010C [c/r DAV 115897A/2010C]

Appeals were received against the decision of the Board of Adjustment, to approve a Conditional Use to permit on “the land” the establishment of an Outdoor Sports and Entertainment Stadium use, subject to the following conditions:

1. That if the Conditional Use granted by this Order is not established within two (2) years of the date hereof, this Order, in respect of that Conditional Use, shall terminate;

2. That an Integrated Transportation Plan shall be submitted to the Director of Public Works, the Director of Transit and the Director of Planning, Property and Development, for approval prior to the issuance of the Superstructure building permit;

3. That a Traffic Impact Analysis shall be submitted to the Director of Public Works for approval prior to the issuance of the Superstructure building permit;

4. That an Accessibility Audit to determine the condition of the routes of travel from extraneous parking areas to the stadium shall be submitted to the Director of Planning, Property and Development for approval prior to the issuance of the Superstructure building permit. A report identifying how gaps in accessibility along these routes will be addressed shall be provided to the Director of Planning, Property and Development prior to the issuance of an occupancy permit;

5. That final plans, showing the location and details of landscaping, fencing, signage, exterior lighting and garbage enclosures, shall be submitted to the Director of Planning, Property and Development for approval prior to the issuance of the Superstructure building permit; and thereafter shall be maintained to the satisfaction of the Director of Planning, Property and Development.

1 Agenda – Appeal Committee – June 25, 2010

File: DCU 115899A/2010C

Appellants: John and Barbara Metrycki Klaus Wrogemann

Applicant: Raymond S. C. Wan Architect (Raymond Wan)

Premises Affected: 315 Chancellor Matheson Road

Legal Description: Part RL 1, 2 and 3 St Vital Lying East of Said Main Highway Exc Out of Said RL 1, Plan 9899 Wlto, 38991 Wlto and Exc Out of Said RL 2, Plan 9899 Wlto, hereinafter called “the land”

Property Zoned: “EI” Education and Institutional District

Zoning Atlas Sheet: L12D2

Nature of the Application: For a Conditional Use under The Winnipeg Zoning By-law No. 200/2006 to permit the establishment of an Outdoor Sports and Entertainment Stadium use

Exhibits Filed: 1. Order DCU 115899/2010C dated April 29, 2010 2a. Notice of Appeal filed by John and Barbara Metrycki, received May 18, 2010 2b. Notice of Appeal filed by Klaus Wrogemann, received May 18, 2010 3. Notification of Public Hearing dated June 9, 2010 4. Confirmation from the Zoning Development Administrator that the subject property may be posted in substitution for newspaper advertising 5. Petition in support of the appeal purporting to contain the signatures of 104 area residents, submitted by John and Barbara Metrycki 6. Plans, Sheets 1 to 7 inclusive, for File DCU 115899/2010C dated April 12, 2010 7. Report from the Planning and Land Use Division dated April 12, 2010 8. Inspection Report

2 Agenda – Appeal Committee – June 25, 2010

The Winnipeg Public Service to advise that all statutory requirements with respect to these appeals have been complied with.

Moved by Councillor That the report of the Winnipeg Public Service be taken as read.

REPRESENTATIONS:

In Support of the Appeals:

In Opposition to the Appeals:

For Information on the Appeals:

For the City:

Moved by Councillor That the receipt of public representations be concluded.

Moved by Councillor That Section 254 and criteria (a), (b) and (d) of Subsection 247(3) of The City of Winnipeg Charter, set out below, are / are not satisfied:

(a) is consistent with Plan Winnipeg, and any applicable secondary plan;

(b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway;

(d) is compatible with the area in which the property to be affected is situated.

Agenda – Appeal Committee – June 25, 2010

Moved by Councillor That the appeals be allowed / allowed in part / denied and Order DCU 115899/2010C be confirmed / cancelled.

Moved by Councillor That the decision of the Board of Adjustment be / not be concurred in.

Moved by Councillor That the public hearing with respect to these appeals be concluded.

4 Exhibit "7" referred to in File DCU 115899A/2010C

ADMINISTRATIVE REPORT

Title: DCU 10-115899/C - 315 Chancellor Matheson RD Public Hearing

Issue: For consideration at the Public Hearing for a Conditional Use for an Outdoor Sports and Entertainment Stadium use at 315 Chancellor Matheson Road

Critical Path: Board of Adjustment as per the Development Procedures By-law and The City of Winnipeg Charter.

AUTHORIZATION

Author Department Head CFO CAO Dianne Himbeault N/A N/A

RECOMMENDATIONS

The Planning and Land Use Division recommends approval of the applications for a Conditional Use under Zoning By-Law No. 200/2006 to permit the establishment of an Outdoor Sports and Entertainment Stadium use.

Subject to the following condition(s):

1) That, if the Conditional Use granted by this order is not established within two (2) years of the date hereof, this order, in respect of that Conditional Use, shall terminate;

2) That, an Integrated Transportation Plan shall be submitted to the Director of Public Works, the Director of Transit and the Director of Planning, Property and Development, for approval prior to the issuance of the Superstructure building permit;

3) That, a Traffic Impact Analysis shall be submitted to the Director of Public Works for approval prior to the issuance of the Superstructure building permit;

4) That an Accessibility Audit to determine the condition of the routes of travel from extraneous parking areas to the stadium shall be submitted to the Director of Planning, Property and Development for approval prior to the issuance of the Superstructure building permit. A report identifying how gaps in accessibility along these routes will be addressed shall be provided to the Director of Planning, Property and Development prior to the issuance of an occupancy permit;

5 5) That final plans, showing the location and details of landscaping, fencing, signage, exterior lighting and garbage enclosures, shall be submitted to the Director of Planning, Property and Development for approval prior to the issuance of the Superstructure building permit; and thereafter shall be maintained to the satisfaction of the Director of Planning, Property and Development.

IMPLICATIONS OF THE RECOMMENDATIONS

If the recommendations of the Planning and Land Use Division are concurred in, a Foundation Permit can be issued.

CONSULTATION

In preparing this Report there was consultation with:

Winnipeg Transit Public Works

SUBMITTED BY

Department Planning, Property and Development Division Planning and Land Use

Prepared by James Veitch Date: April 12, 2010 File No. DCU 10-115899/C

6 APPENDIX ‘A’

DATE: April 12, 2010 FILE: DCU 10-115899/C RELATED FILES: DAV 10-115897/C COMMUNITY: Riel Community NEIGHBOURHOOD #: 5.656

SUBJECT: For a Conditional Use under Zoning By-Law No. 200/2006 to permit the establishment of an Outdoor Sports and Entertainment Stadium use.

LOCATION: 315 Chancellor Matheson RD

LEGAL DESCRIPTION: PART RL 1, 2 AND 3 ST VITAL LYING EAST OF SAID MAIN HIGHWAY EXC OUT OF SAID RL 1, PLAN 9899 WLTO, 38991 WLTO AND EXC OUT OF SAID RL 2, PLAN 9899 WLTO

APPLICANT: Raymond Wan - Raymond S. C. Wan Architect 1250 WAVERLEY ST UNIT 1 WINNIPEG MB R3T 6C6

OWNER: THE UNIVERSITY OF MANITOBA SUPPLIER PAYMENT SERVICES ADMINISTRATION BUILDING 66 CHANCELLORS CIR UNIT RM 410 WINNIPEG MB R3T 2N2

RECOMMENDATION: Approval with Conditions

CRITERIA FOR APPROVAL: Pursuant to Section 247(3) of the City of Winnipeg Charter, a Conditional Use application can be approved with necessary conditions if the proposed development: (a) is consistent with Plan Winnipeg and any applicable secondary plan; (b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; and (d) is compatible with the area in which the property to be affected is situated.

REPORT SUMMARY • The proposed Outdoor Sports and Entertainment Use is to be located at the University of Manitoba campus within the existing recreation use hub, • The proponents, their consultant team and the appropriate City departments will be collaborating on the production of two a comprehensive traffic management reports; a Traffic Impact Analysis and an Integrated Transportation Plan for the coordination of transit operations, traffic management and multi-modal transportation to and from the Stadium. • A combination of cycling, walking, park and ride, internal campus shuttle service and direct connection to transit will be considered, (the final site plan will be generated based on the results of these studies indicating the location for transit stops, walking paths, bicycle parking, etc. 7 SITE DESCRIPTION Existing Land Use and Zoning The approximately 22 acre subject site is zoned ‘EI’ Educational & Institutional and is located within the University of Manitoba campus on the northwest corner of Chancellor Matheson Road and University Crescent. Currently this portion of the site is being used for outdoor sports fields and tennis courts.

Southwood Golf Course Investors Group Athletic Centre

Max Bell Centre

SITE

U of M Stadium

N Parking Lot ‘U’

Figure 1: Subject Site (Aerial Photo Flown 2009)

Surrounding Land Use and Zoning North: Southwood Golf Course (future potential mixed-use residential), zoned ‘PR2’ Parks and Rec. South: Chancellor Matheson Road then University Parking Lot ‘U’ with 1,148 parking stalls, zoned ‘EI’ Educational & Institutional East: University Crescent then the Max Bell and Investors Group Athletic Centres, zoned ‘EI’ Educational & Institutional West: University Track & Stadium, zoned ‘EI’ Educational & Institutional

DESCRIPTION OF THE PROPOSED DEVELOPMENT

8 The proposal is to build a 33,000-seat professional football stadium including an accessory restaurant, lounge and retail store for Winnipeg Blue Bomber and University of Manitoba Bison merchandise. The site development will include 330 onsite V.I.P. parking stalls, 504 bicycle parking stalls with extensive plaza areas and significant landscaping throughout.

ANALYSIS AND ISSUES

Plan Winnipeg Compliance The University of Manitoba campus is within the Neighbourhood designation of Plan Winnipeg 2020. The Neighbourhood designation supports a mix of mutually supportable uses, maximizing the use of existing infrastructure with an emphasis on the integration of transportation modes reducing the reliance on the automobile.

The stadium project and the associated studies and reports pending are inline with the existing Plan Winnipeg 2020 policies requiring the integration of land use, urban design and transportation planning with special consideration given to the coordination with transit operations and traffic management.

Compatibility with the Existing Neighbourhood and Surrounding Uses The proposed 22-acre site for the stadium project is at the NW corner of Chancellor Matheson Road and University Crescent. It is anticipated that the Outdoor Sports and Entertainment Stadium use will generate 10 to 12 major events per year that may potentially fill the stadium to capacity - typically in the late spring, summer and early fall. The surrounding context is the recreational hub of the University of Manitoba occupied by the athletic facilities such as the Bison Stadium and the Winnipeg Soccer Complex to the west and the Max Bell and the Investors Group Athletic Centres to the east.

Existing single-family residential uses are located approximately 2,200 feet, (0.6 kilometres) to the north on Thatcher Drive and 1,500 feet, (0.45 kilometres) to the south on Grierson Avenue.

Land Use The location of a football stadium within a university campus is quite common throughout North America. The co-location of professional and university sporting venues is a good fit for both of the athletic programs and the community at large. Many of these stadiums are significantly larger than the 33,000 seat proposal for the University of Manitoba. For example: Beaver Stadium in Pennsylvania; Michigan Stadium in Ann Arbor, Michigan; Ohio Stadium in Columbus, Ohio; and Texas Memorial Stadium in Austin, Texas have seating capacities of over 100,000 - - greater than three times this proposal.

Within Canada, the 35,000 seat McMahon Stadium, home to the Calgary Stampeders and University of Calgary Dinos football teams is immediately adjacent to the University of Calgary campus. The 25,000 seat Stade Percival Molson Stadium in Montreal is located on the McGill University Campus.

Transportation and Site Access Chancellor Matheson Road and University Crescent are 4-lane divided roadways, classified as

Arterial Roadways designed to handle in excess of 20,000 vehicle trips per day. Access onto

9 these two arterials is taken from Pembina Highway to the west and north of the subject site at signalized intersections.

The proposed stadium and the associated transportation and access requirements are expected to align with our priorities for a sustainable Winnipeg. These priorities highlighted in our Call to Action Plan during our Speak-up Winnipeg initiative, endorsed by our elected officials and the Public Service emphasize the roll of transit, the cyclist and the pedestrian being included in the transportation options. A combination of park and ride, internal campus shuttle service and direct connection to transit will facilitate the availability of transportation options. In terms of the event day operations it is expected that public transit will encapsulate 30% of the modal share, (compared to approximately 10% at the existing football stadium located in the Polo Park area).

The operation details of transportation access, circulation and public transit to and from the proposed stadium on event days will be analyzed by way of two comprehensive studies; a

Traffic Impact Study and an Integrated Transportation Plan. The project consultants have committed to continuing the collaborative process developing these plans initiated over two years ago with the City. The Public Service will recommend that these studies be identified in two proposed conditions attached to the subject Conditional Use Order. The studies will be required to be completed prior to the full construction of the Stadium.

Servicing There does not appear to be any servicing challenges with the project as the full range of municipal infrastructure is available within close proximity to the subject site. It is our understanding that the proponents will be required to enter into a servicing agreement with the city of Winnipeg as part of a separate subdivision application.

Site Design Issues Parking The size of the subject site allows for only a portion of the required parking, (330 stalls) to be located on site. The applicant has submitted a detailed parking count of all the existing University of Manitoba parking lots. Currently there are 5,969 additional parking spaces on campus that will be available on event days for public use. Approximately 3,550 of those existing parking stalls are located within a five-minute walk of the stadium site. An additional 1,450 stalls are located within a ten-minute walk resulting in a total of 5,000 parking stalls located on campus within a ten-minute walk of the proposed stadium. To further enhance stadium accessibility, the proponents will operate a shuttle service; ‘the Blue Bomber Tram’ that

10 will loop through the campus bringing people from the various parking areas to the Stadium proper.

Pedestrian Accessibility A key component in the successful event day operation of a facility of this size is pedestrian accessibility, access and safety. The conceptual stadium site design includes expansive paved areas, plazas and sidewalks for pedestrian access and gathering. An accessibility audit will be performed to determine the condition of the routes of travel from extraneous parking areas to the stadium. A report identifying how gaps in accessibility along these routes will be addressed shall be provided ensuring they meet all of our universally accessible standards. Handi-Transit will also be involved in the review of the final site plan to ensure access and fit with their operational needs.

CPTED (Crime Prevention through Environmental Design) Incorporated as part of the Plan Approval stage the City will review the proposed design drawings as they relate to safety and crime prevention. Details such as directional lighting located adjacent to entrances / exits, LED lit pathways and stairs and potential barriers such as seating or potted plants at entrances / exits to prevent unwanted automobiles are some of the design elements that may be considered during our review of the plans.

Comments from other departments Transit As discussed above, communication between the proponents, Winnipeg Transit and the University of Manitoba has been ongoing to date. The project team will work closely with Transit while developing the Integrated Transportation Plan for event day traffic management. Transit has indicated that the subject site will be linked directly with the City’s transit network on event days with busses staged to take visitors to and from the stadium. Rapid Transit has been proposed several times in the past to connect directly to the University of Manitoba as an anchor terminus.

Public Works The City of Winnipeg Public Works has been working with the proponent’s traffic engineering consultant outlining the framework and details of the Traffic Impact Analysis.

Public Input At the time this report is being written, the project consultants have scheduled a public Open House on April 21, 2010 at the St. John’s College on campus, advertised in the local paper. The purpose of the Open House is to present the conceptual design, answer any questions, garner input from the public and address any comments / concerns the public may raise.

REASONS FOR RECOMMENDATIONS In the context of Section 247(3), the Planning and Land Use Division recommends approval for the following reasons: (a) is consistent with Plan Winnipeg and any applicable secondary plan; (b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; and (d) is compatible with the area in which the property to be affected is situated.

• The proposed Outdoor Sports and Entertainment Stadium use will likely hold 10 to 12 major events per year that will potentially fill the stadium to capacity; • The stadium events will typically take place during off peak University hours when campus population is at its lowest; • The University of Manitoba functions daily throughout the school year with approximately 27,000 students attending the campus; • Chancellor Matheson Road and University Crescent are 4-lane, divided arterial roads designed to handle over 20,000 vehicle trips per day; • The campus is served by several high frequency, convenient public transit routes that are expected to be expanded in the near future, (including the addition of rapid transit); • The intent of a 30% modal split using transit, (approx. 10,000 people) versus the 10% transit use at the existing stadium location will greatly decrease the vehicular traffic load on event days; • The stadium site design proposal will provide over 500 lockable bicycle parking spaces; • There are over 6,000 existing campus parking stalls that will be available to the public within easy walking distance; • The event day operations will include a fan shuttle from the campus parking lots to the stadium proper; • Several stadiums of a similar and much larger size are located either on or adjacent to university campuses across North America; • Additional investment in the existing and new University of Manitoba sports facilities are proposed as part of the development project; • The Public Service is recommending by way of conditions attached to the Conditional Use order that the proponents provide detailed, traffic, transportation and accessibility reports prior to final building permits and occupancy.

This Report Submitted by: Planning, Property and Development Department Planning and Land Use Division Report Prepared by: James Veitch PPD File # DCU 10-115899/C

12 Exhibit "6" referred to in File DCU 115899A/2010C

19 Exhibit "2b" referred to in File DCU 115899A/2010C

20 21 Exhibit "2a" referred to in File DCU 115899A/2010C

22 23 24 25 26 27 28 29 Exhibit "1" referred to in File DCU 115899A/2010C

The City of Winnipeg CONDITIONAL USE ORDER BOARD OF ADJUSTMENT

DCU 115899/2010C [c/r DAV 115897/2010C]

Before: Board of Adjustment Mr. Bill Evans, Chairperson Mr. Ken Desrochers Mr. Mark Morgan

Hearing: April 28, 2010 West Committee Room Council Building, 510 Main Street

Applicant: Raymond S. C. Wan Architect (Raymond Wan)

Premises Affected: 315 Chancellor Matheson Road

Property Zoned: “EI” Education and Institutional District

Zoning Atlas Sheet: L12D2

Nature of Application: For a Conditional Use under the Winnipeg Zoning By-law No. 200/2006 to permit the establishment of an Outdoor Sports and Entertainment Stadium use

It is the opinion of the Board of Adjustment that subject to conditions listed below, if any, this Order meets the statutory criteria of The City of Winnipeg Charter in that it: 30

(a) is consistent with Plan Winnipeg, and any applicable secondary plan;

(d) is compatible with the area in which the property to be affected is situated.

C.W. Charter Section 254 and Subsection 247 (3)

ORDER:

The Board of Adjustment orders that the establishment of an Outdoor Sports and Entertainment Stadium use is approved on “the land”, subject to the following conditions, which the Board of Adjustment considers necessary to ensure compliance with criteria (a), (b) and (d) above, namely:

1. That if the Conditional Use granted by this Order is not established within two (2) years of the date hereof, this Order, in respect of that Conditional Use, shall terminate;

3. That a Traffic Impact Analysis shall be submitted to the Director of Public Works for approval prior to the issuance of the Superstructure building permit;

THIS ORDER IS SUBJECT TO ALL BUILDING, HEALTH OR OTHER REGULATIONS PERTAINING TO THE LAND HEREIN REFERRED TO.

DATE OF ORDER: April 29, 2010 CERTIFIED BY:

John Karpluk Secretary to the Board

HOW TO APPEAL

You may appeal against either the whole of this order or part(s) of it by filing a letter of appeal.

That letter must be submitted in writing, be signed by the appellant, show the printed name of the appellant, contain the mailing address of the appellant, contain the contact telephone number of the appellant, and

(a) be addressed as set out below,

(b) be received at that office not later than 4:30 p.m. on May 18, 2010, [IF RECEIVED LATE YOUR APPEAL CANNOT BE HEARD.]

(c) refer to Conditional Use Order No. DCU 115899/2010C [c/r DAV 115897/2010C], give brief reasons for the appeal and must describe whether you appeal the whole order or only part(s) of it.

Any appeal letters not containing all of the above elements will be rejected by the City Clerk as invalid appeals and will not be heard at an appeal hearing.

You can attend the appeal hearing and speak on issues raised in someone else’s appeal, but the appeal committee can only rule on issues raised in appeals filed. If you are not sure what others have appealed you should file your own appeal.

Address: City Clerk, City of Winnipeg c/o Appeal Committee 510 Main Street Winnipeg, MB R3B 1B9 Fax 947-3452 Email [email protected]

THE FOLLOWING PERSONS MADE REPRESENTATIONS AND ARE ENTITLED TO APPEAL:

32 In Support:

Raymond Wan, Raymond S. C. Wan Architect Dan Edwards Daniel and Margaret Milne Natalie Van Rosmalen

In Opposition:

Gary Hollingshead Barbara and John Metrycki Klaus Wrogemann

For Information:

Phil Barnett For Information (continued):

Shane Chartrand Waltroud Labies Harry Loewen Doris Wiebe Jorit Wrogemann

For the City:

Mr. J. Wintrup, Planner, Planning, Property and Development Department