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. 3 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