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BY-LAW NO. 01-94
STE. ROSE PLANNING DISTRICT
DEVELOPMENT PLAN
BEING A BY-LAW OF THE Ste. Rose Planning District to adopt a DEVELOPMENT PLAN.
WHEREAS, Section 24(4) of The Planning Act provides authority for preparation of a
DEVELOPMENT PLAN;
AND WHEREAS, Section 27(1) of The Planning Act provides authority for adoption of a
DEVELOPMENT PLAN by by-law;
NOW THEREFORE, The Ste, Rose Planning District Board, in meeting duly assembled, enacts
as follows:
TABLE OF CONTENTS
Page i
TABLE OF CONTENTS
Page
PART I
INTRODUCTION
1.
Purpose of the Development Plan ..................................................... 1
2.
Interpretation of Requirements .......................................................... 2
3.
Glossary of Terms ............................................................................. 3
4.
General District Development
Objectives and Policies ............................................................... 4
PART ll
THE RURAL AREA
1.
Introduction ...................................................................................... 10
2.
General Objectives .......................................................................... 10
3.
Policies
(1)
Agriculture ............................................................................ 11
(2)
Livestock Production Operations .......................................... 12
(3)
Conservation ........................................................................ 13
(4)
Fishery Resources ................................................................ 14
(5)
Forestry Resources .............................................................. 15
(6)
Water Resources .................................................................. 16
(7)
Wildlife Resources ................................................................ 18
(8)
Aggregate and Mineral Resources ....................................... 19
(9)
Recreation ............................................................................ 21
(10)
Waste Disposal Grounds and
Sewage Lagoons .............................................................. 21
4.
Land Division Policies and Criteria .................................................. 22
(1)
General - Land Division Policies .......................................... 22
(2)
Recreation - Land Division Policies...................................... 25
(3)
General Rural Land Division
Criteria .............................................................................. 26
PART III
THE STE. ROSE SETTLEMENT CENTRE
1.
Introduction ...................................................................................... 28
2.
Residential Areas ............................................................................ 28
3.
Commercial Areas ........................................................................... 31
4.
Industrial Areas ............................................................................... 34
5.
Parks, Recreation and Open Space Areas ...................................... 35
6.
Agriculture Urban Reserve Areas .................................................... 36
TABLE OF CONTENTS
Page ii
Page
PART IV
THE LAURIER SETTLEMENT CENTRE
1.
Introduction ...................................................................................... 37
2.
Objectives and Policies ................................................................... 37
PART V
HIGHWAY PROTECTION
1.
Introduction ...................................................................................... 39
2.
Objectives and Policies ................................................................... 39
PART VI
HERITAGE RESOURCES
1.
Introduction ...................................................................................... 42
2.
Objectives and Policies ................................................................... 42
PART VII
GENERAL IMPLEMENTATION
1.
Introduction ...................................................................................... 44
2.
Land Use Regulatory Tools ............................................................. 44
3.
Sector Plans and Impact Studies .................................................... 47
4.
Review and Amendment ................................................................. 47
PART VIII
APPENDIX .............................................................................................. 48
LIST OF MAPS
MAP No. 1
RURAL LAND USE CLASSIFICATION
MAP No. 2
VILLAGE
OF
STE.
ROSE
FRINGE
AREA
-
LAND
USE
CLASSIFICATION
MAP No. 3
GROUNDWATER POLLUTION HAZARD AREAS
MAP No. 4
AGGREGATE DEPOSITS
MAP No. 5
VILLAGE OF STE. ROSE DU LAC - LAND USE CLASSIFICATION
MAP No. 6
U.V.D. OF LAURIER - LAND USE CLASSIFICATION
MAP No. 7
RURAL COMMERCIAL - LAND USE CLASSIFICAITON
PART I:
INTRODUCTION
Page 1
PART I
INTRODUCTION
The Councils of the Village of Ste. Rose du Lac and the Rural Municipality of Ste. Rose have
established a joint Planning District, the Ste. Rose Planning District. This Development Plan is
a statement of the objectives and policies for future development and land use in the Planning
District.
The Development Plan is based on findings, conclusions and recommendations derived from
a series of background studies of the current and projected land use situations in the Planning
District. Engineering studies in the urban area of the Village of Ste. Rose du Lac, consultation
with provincial and local officials, and the public were used to provide detailed information.
This document sets forth objectives and policies for the future development of all the land
within the Planning District upon which the implementing Zoning By-laws will be based.
1.
PURPOSE OF THE DEVELOPMENT PLAN
The Planning Act under Subsection 25 (1) established the purposes of a development plan:
(a)
to serve as a framework whereby the district or the municipality and the
community as a whole may be guided in formulation development policies and
decisions;
(b)
to identify the factors relevant to the use and development of land;
(c)
to identify the critical problems and opportunities concerning the development
of land and the social, environmental and economic effects thereof;
(d)
to set forth the desired timing, patterns and characteristics of future
development of land and to determine the probable social, environmental and
economic consequences thereof;
PART I:
INTRODUCTION
Page 2
(e)
to establish and specify the programs and actions necessary for the
implementation of the development plan;
(f)
to outline the methods whereby the best use and development of land and
other resources in adjacent municipalities, districts, or affected areas
immediately abutting thereto, may be co-ordinated;
(g)
to identify those matters of government concern which affect the use and
development of land and other resources within the district or the municipality.
2.
INTERPRETATION OF REQUIREMENTS
(1)
The general land use designations indicated on the Development Plan Maps illustrate
the long term land use and land development strategy and define the ultimate extent
of the various uses. The achievement of the land objectives will take place over a
period of years as the land use patterns evolve. During this period the Zoning By-laws
will provide one of the principal means to effect the transition.
(2)
The boundaries of the various land use designations shown on the Development Plan
Maps and any lot size, distance and area requirements mentioned throughout this
Development Plan are meant to serve as guidelines only. Certain situations will
necessitate a degree of flexibility in the application of these standards providing it
complies with the intent of the Development Plan. These standards will provide general
guidelines for preparation of the more precise standards and requirements of the Zoning
By-laws.
(3)
Individual policies of this Development Plan should not be viewed or interpreted in
isolation but should only be interpreted within the overall spirit and intent of all other
objectives and policies of this Development Plan.
PART I:
INTRODUCTION
Page 3
3.
GLOSSARY OF TERMS
Aggregate:
Sand and gravel or crushed rock.
Agro-commercial:
Facilities for the sale of goods and services which are directly related and
complementary to local agricultural production, which do not require a level of services
typically provided in an urban area and which may be unsafe or otherwise unsuitable for
location in an urban area.
Aquifer: A water bearing layer of permeable rock, sand or gravel.
Buffer: An area of land or suitable barrier intended to separate one land use activity from
another.
Compatible Land Use:
Land use activities which are able to co-exist without creating
undesirable effects or interferences.
Conditional Use: The use of land or buildings which may be permitted in any particular Zone
as provided within the Zoning By-law, provided the conditions of Council can be met.
Councils: The Councils of the Village of Ste. Rose du Lac and Rural Municipality of Ste.
Rose.
Crown Land:
Provincial owned land which is administered under "The Crown Lands Act",
"The Forest Act", "The Wildlife Act", " The Fisheries Act" or "The Park Lands Act".
PART I:
INTRODUCTION
Page 4
Development:
The carrying out of construction, erection or placing of any building or
excavation or other operation on, over or under land; or the use or the making of any change
in the use or intensity of use of any land or building or premises.
Erosion: The process by which the earth's surface is worn away by the action of wind or
waters.
Farmstead:
The land area used by a farm operator for residence, animal shelters, storage
buildings, or other buildings used in the farm operation. Normally these buildings are in close
proximity to each other in a single cluster and are usually located within a shelterbelt.
Groundwater Pollution Hazard Area: An area of land surface where chemical pollutants applied
to the land can move downward and enter the ground water.
Habitable Building:
A building which is designed and constructed to accommodate the
presence of humans, and includes residences, retail stores, offices, institutions such as schools
and hospitals, and certain types of industrial operations, A building which is used for the
storage of agricultural or industrial materials, or livestock, is not deemed to be a habitable
building.
Habitat:
The soil, food, water and cover components of the natural environment that are
necessary to sustain wildlife or exotic animals; and the spawning grounds and nursery, rearing,
food supply and migration areas on which fish depend, directly or indirectly, in order to carry
out their life processes.
PART I:
INTRODUCTION
Page 5
Infill:
Within a community, infill means increasing the density of development within a
particular area by developing on appropriately sized vacant spaces between several buildings
or between buildings and other features such as roadways or waterways. Within a rural area,
such a gap or open space to be infilled would be of a size which would make it difficult to be
used for farming purposes.
Land Subject to Flooding:
All lands subject to flooding by the 100 year flood, a recorded flood
exceeding the 100 year flood, or a flood specified by the Water Resources Division in areas
protected by flood control works.
Livestock Production Operation: An operation where cattle, swine, horses, poultry, sheep,
goats, rabbits or similar animals and fowl not kept for pets, are confined, fed and raised, but
does not include operations for the slaughter, grading, packing or auctioning of livestock.
Ordinary High Water Mark: The highest level of water that normally occurs; the occurrence
of said level being so common as to mark on the soil a character distinct from that of the bank,
with respect to vegetation.
Prime Agricultural Land: Land defined as Classes 1,2 and 3 soils by the agricultural land
capability system of the Canada Land Inventory (C.L.I.) and interpreted as such by the soil
survey, Manitoba Department of Agriculture.
Provincial Trunk Highway or Provincial Road: Any Provincial Trunk Highway (P.T.H.) or
Provincial Road (P.R.) which has been so declared under The Highway Protection Act and The
Highways Department Act.
PART I:
INTRODUCTION
Page 6
Recreation Development: Any development, whether intensive or extensive which facilitates
recreation in a special area, such as campground development, golf courses or athletic fields.
Rural Residential Development:
The establishment of rural non-farm residences on small
acreage lots excluding cottages or resort type development and where the residence is the
main use of the lot or parcel.
Rural Cluster Development:
A grouping of three or more parcels of land placed side by side
usually in a plan of subdivision for rural residential or agro-commercial/industrial development
and which shall be appropriately zoned in the Zoning By-laws.
Settlement Centre:
A concentration of residential development together with commercial and
other services of a size and density which creates a recognized community.
Shoreland: Land within 1,000 feet of the ordinary high water mark of a lake or inlet thereof;
or land within 300 feet of the ordinary high water mark of a river, stream, watercourse, creek,
spring or other body of water.
Specialized Agriculture: Farming activities intensively utilizing a small parcel of land, such as:
apiculture, market gardening, horticulture and the like.
Strip Development:
Any development which contributes to the evolution of a row of lots of
relatively small holdings (with highway frontage less than 500 feet each, for example), all
relying on direct access connections to the adjoining highway for servicing.
PART I:
INTRODUCTION
Page 7
Suitable Land: Land being of such a size, nature and being in such a location as to be able to
support the proposed development or land use at the intended intensity of use.
Use:
The purpose for which a building, other structure or a parcel of land may be designed,
arranged, intended, maintained, or occupied; or any activity, occupation, business or operation
carried on, or intended to be carried on, in a building, another structure, or a parcel of land.
Viable Lower Class Land: means land other than prime agricultural land on which agricultural
activities are the dominant land use and they contribute to the local economic base.
4
GENERAL DISTRICT DEVELOPMENT OBJECTIVES AND POLICIES
4(1)
General Objectives
(a)
To protect the general health, safety and well-being of the residents by
adopting land use policies that will ensure that development takes place in a
manner that will not endanger the health or safety of any individual or property
or will not place an undue burden on the community;
(b)
To provide the general development strategies that will optimize the Planning
District's resources and best serve the needs of its residents and those of the
region;
(c)
To promote the orderly development of the Planning District in a manner that
will ensure the optimization of resources and the safe and economic provision
of social, cultural, recreational and municipal services;
(d)
To provide for the compatible and efficient use of land by minimizing conflicts
between adjoining land uses;
PART I:
INTRODUCTION
Page 8
(e)
To recognize the importance of the rural land base and to adopt strategies and
policies to conserve this base and to encourage the maintenance and growth
of the agricultural industry and the recreation resources;
(f)
To recognize existing settlement centres and to provide for their planned
development in order for them to provide goods and services to the residents
of the Planning District; and
(g)
To promote sound management practices for all resource development.
4(2)
General Policies
(a)
Future development in the Planning District shall be consistent with this
Development Plan. The implementation of Zoning By-laws, subdivision and
development approval, and public works undertaken by the participating
Municipalities shall be consistent with the provisions and intent of this
document;
(b)
No subdivision of land shall be permitted unless it conforms with the general
intent and provisions of this Development Plan and PART VI of The Planning
Act;
(c)
Developments that create hazardous situations, or are subject to environmental
hazards, shall not be permitted unless the hazard has been removed or
appropriate remedial measures have been taken that will protect life and
property; and are within the guidelines of Provincial Environmental and Health
authorities;
(d)
Where differing land uses abut each other and the potential for conflict exists,
separation distances may be required as a means of minimizing the impact on
the affected land use;
PART I:
INTRODUCTION
Page 9
(e)
In approving new developments for residential, commercial or industrial
purposes, consideration shall be given to the current and projected demand for
that particular type of use. To avoid premature fragmentation of land, the
supply of lots should bear a reasonable relationship to the demand or
consumption of lots. The District may require that a supply and demand study
be undertaken to obtain an overall picture with respect to the availability of
suitable undeveloped lots of the particular use;
(f)
In evaluating and approving any subdivision design or development proposal,
the District Board and Municipal Councils shall assist public or private utilities
to provide their service in the most economical and efficient manner; and
(g)
Where a use exists in an area designated in this By-law for other uses,
provision may be made in the Zoning By-law for the use to continue as a
permitted use.
PART II:
THE RURAL AREA
Page 10
PART II
THE RURAL AREA
1
INTRODUCTION
The Rural Area contains a number of land uses, the most dominant and important of which is
agriculture, Although the economic composition of the Rural Area in the Ste. Rose Planning
District is diverse, the agricultural base should be afforded the utmost protection.
It is the intention of this Part to outline objectives and policies which will protect and promote
both the agricultural land base, the natural environment and the work being done by the Turtle
River Watershed Conservation District, as well as provide opportunities for a variety of
alternative rural land uses.
2
GENERAL OBJECTIVES
2(1)
Objectives
(a)
To support and protect the agricultural economy and its land resource, and to
maintain the rural character of the area;
(b)
To direct non-agriculture developments to areas where they will have the least
negative impact on agricultural activities, and to minimize the possibility for
conflict between adjacent, incompatible land uses;
(c)
To conserve and enhance areas of aesthetic, scenic, recreational, wildlife or
historic significance;
(d)
To support the conservation activities of the Turtle River Watershed
Conservation District and to apply sound land management practices to
proposed developments in the District;
(e)
To avoid damages which might result from natural hazards such as flooding and
bank instability;
PART II:
THE RURAL AREA
Page 11
(f)
To discourage practices which lead to soil erosion and the pollution of soil
water or air;
(g)
To provide for the orderly development of non-renewable resources; and
(h)
To provide a framework for alternative rural land uses which represent an
economic diversification from agriculture.
3
POLICIES
3(1)
Agriculture
Agriculture is the foundation of the local economy, and the most widespread land use
throughout the Planning District. It is important to provide for the growth and
diversification of agriculture in a manner which sustains the natural attributes of the
landscape, and which minimizes nuisance factors for the settlement centres.
Policies
(a)
Except
as
otherwise
provided
herein,
land
within
the
designated
Agriculture/Rural Areas as shown on Map No. 1 and Map No. 2 shall be
preserved as large blocks (generally 80 acres or more) for a full range of
agricultural activities on prime Class 1, 2 & 3 agricultural lands and on viable
lower Class 4, 5, & 6 lands where it is feasible to carry on agricultural activities;
(b)
Development in the designated Agriculture/Rural Area should be restricted to
agriculture and related uses, except as otherwise provided herein. Land uses
which would interfere with agricultural production should be avoided in areas
where agriculture is in the dominant position;
(c)
Certain types of agro-related commercial and industrial developments may be
permitted in the designated Agriculture/Rural Area, provided that they will not
have any adverse effects on nearby land uses nor any unacceptable impacts on
the transportation system, as provided for in Part V;
PART II:
THE RURAL AREA
Page 12
(d)
Certain types of development that require a rural location, such as aggregate
extraction operations or recreational developments, may be allowed as a
conditional use in the designated Agriculture/Rural Area; and
(e)
Special types of development, such as public or private airfields, may also be
allowed within the designated Agriculture/Rural Area, and special development
restrictions may also be applied to the surrounding area to protect these types
of development from incompatible development.
3(2)
Livestock Production Operations
Livestock production operations are an important component of the agricultural
economy. In some situations, these types of operations may have potentially adverse
effects on nearby developments and the local environment, primarily due to factors
such as odour, noise, insects and manure, which are usually unavoidable characteristics
of this type of operation.
Policies
(a)
Livestock operations which are proposed to be developed in close proximity to
other residences, communities or significant waterways, shall be provided for
as a conditional use in the Zoning By-law. This would enable Council to review
proposals of this nature, and to either approve or deny such proposals, and to
establish conditions of approval which might be appropriate under the
circumstances. Specific considerations and approval requirements should be
based on the following:
(i)
Type of operation (beef feedlot, dairy, swine, poultry, etc);
(ii)
Size of operation;
(iii)
Manure management system (type of facility, manure handling and
storage facilities, etc.);
PART II:
THE RURAL AREA
Page 13
(iv)
Manure disposal system (soil injection of liquid waste, location of
disposal site, etc.);
(v)
Nature of surroundings (treed areas, open crop land, aesthetics); and
(vi)
Neighbouring land use;
(b)
Very large intensive livestock operations may also have significant impacts
within the Planning District, irrespective of their location, and shall also be
provided for as a conditional use in the Zoning By-law, subject to the same
considerations described in policy; and
(c)
Existing large livestock production operations shall also be provided with a
protective buffer, in the form of specified separation distances for new
residences and other types of development, to be specified in the Zoning By-
law.
3(3)
Conservation
The Turtle River Watershed Conservation District (T.R.W.C.D.) comprises the whole
of the Ste. Rose Planning District as well as a number of adjoining Municipalities. Its
programs, as well as the Dauphin Lake Basin Management Plan, which was prepared
by the Dauphin Lake Basin Advisory Board (D.L.B.A.B.) in December 1992, which
concern the areas of water management, agriculture, fish, wildlife and education, have
had a large and positive impact on the conservation of natural resources in The
Planning District. Therefore, the Ste. Rose Planning District recognizes the importance
of the conservation measures undertaken by the T.R.W.C.D. and the D.L.B.A.B. and
establishes the following policies in support of conservation within the area:
Policies
(a)
All development applications, subdivision applications and conditional use
applications, that may have a negative impact on natural resources shall be
referred to the Conservation District Board for review and comment;
PART II:
THE RURAL AREA
Page 14
(b)
Programs or guidelines that deal with management of tree clearing operations
within the Planning District may be considered and developed in consultation
with the Conservation District Board and the Provincial Departments of
Agriculture and Natural Resources. Such programs or guidelines may be
implemented by the Zoning By-law and various development review and
approval processes; and
(d)
The Ste. Rose Planning District Board and the Councils of the Village of Ste.
Rose du Lac and the Rural Municipality of Ste. Rose support the programs of
the Turtle River Watershed Conservation District and the Dauphin Lake Basin
advisory Board and will coordinate their policies, regulations and actions with
the Conservation District and the Advisory Board to conserve the natural
resources of the area.
3(4)
Fishery Resources
The Ste. Rose Planning District encompasses a major network of rivers, streams and
creeks, most of which play an important role as fish spawning and nursery areas. The
degradation of this network could seriously impact fish habitat and productivity in the
area, more specifically the Turtle River Marsh and Dauphin Lake.
Policies
(a)
Development in close proximity to rivers, streams and creeks within the District
shall ensure that fish habitat will be protected as follows:
(i)
Land clearing to the waters edge of rivers, streams, creeks and lakes
shall be discouraged, and development adjacent to the water's edge
shall be prohibited. The Zoning By-law should establish standards
determining the size of buffer strips of natural vegetation adjacent to
these water bodies and the Department of Natural Resources shall be
consulted in the establishment of these standards;
PART II:
THE RURAL AREA
Page 15
(ii)
Ditching, stream rechannelization and the construction of crossings
shall be done in conjunction with the Conservation District and in
accordance with the Manitoba Natural Resources stream crossing
guidelines;
(iii)
Access to angling opportunities shall be preserved and encouraged
wherever possible; and
(iv)
The Basin Management Plan which was prepared by the Dauphin Lake
Basin Advisory Board shall be recognized as a guideline in integrated
resource management in the Planning District.
3(5)
Forestry Resources
While trees and forests have value as a renewable cash crop, their presence is
important in other ways. These include the control of precipitation runoff and
retarding snow melt to lessen flood risk, control of wind and water erosion, along with
the provision of wildlife habitat and recreational opportunities for people.
Policies
(a)
The efficient and effective utilization of the timber resources in the District as
cash crops, and as a soil conservation land use technique for controlling
erosion and flooding shall be encouraged; and
(b)
The development and protection of shelterbelts and the preservation of tree
cover on slopes, marginal land and any other areas that are not suitable for
agricultural uses shall be encouraged.
PART II:
THE RURAL AREA
Page 16
3(6)
Water Resources
Water resources are important within the Planning District, both for household use and
agricultural use, such as the watering of livestock. The availability of groundwater is
variable throughout the Planning District, and in some areas, the groundwater resource
is vulnerable to pollution, as shown on Map No. 3.
Surface waterways within the Planning District provide drainage from the Riding
Mountain Park area to Dauphin Lake. Flooding is a significant concern along these
waterways, particularly the Turtle River. Floodplain areas are considered to be
hazardous areas which should generally be avoided when new developments are being
considered. In 1988, a food protection project was completed for the Village of Ste.
Rose, thereby resolving an historic flooding problem in this community.
The Turtle River is also an alternate source of water supply for the Village of Ste. Rose.
It is therefore important to ensure that the quality of this river water is maintained at
as high a standard as possible.
Policies
(a)
Groundwater
The use of any groundwater supply and the development of land overlying an
aquifer shall be subject to the following criteria:
(i)
Intensive development and high capacity wells should be permitted only
in areas where they will not cause a reduction in water supply for
existing users;
(ii)
Groundwater consumption should not exceed the total sustained yield
of an aquifer;
PART II:
THE RURAL AREA
Page 17
(iii)
Wells should be installed in a manner that will not have a detrimental
effect on aquifers; and
(iv)
Activities that may cause pollution under normal operating conditions
or by accident should not be permitted in groundwater pollution hazard
areas unless it can be proven by adequate field investigation that the
proposed activities will not cause pollution of exiting or potential
groundwater supply in the area;
(b)
Surface Water
The use and development of land near a drain, creek, river or body of water
shall be subject to the following criteria:
(i)
Development will not be permitted if the depth of flooding under 100-
year flood conditions exceeds 3 feet, or in situations where the
development would result in an added risk to life or safety, or where
water flow, flow velocities or stages would be adversely altered,
obstructed or increased;
(ii)
Only agricultural uses (excluding buildings), or open space recreational
uses shall be permitted in flood prone areas unless the flooding has
been adequately protected against. Such protection shall consist of
raising the building location by means of fill to an elevation which is at
least 2 feet above the 100 year flood level, or as otherwise
recommended by the Water Resources Branch;
(iii)
An engineering investigation and recommendation may be required prior
to the approval of any development proposal in close proximity to the
banks of any waterway in the Planning District;
PART II:
THE RURAL AREA
Page 18
(iv)
Development shall not be permitted on land subject to bank instability,
landslides or subsidence;
(v)
Dumping, excavation, clearing, cultivating or excessive grazing shall not
be permitted in areas where such activity would accelerate or promote
dangerous erosion or bank instability;
(vi)
Uses which may cause water pollution in any drain, creek, river or body
or water shall be restricted or prohibited as necessary to protect the
surface water system;
(vii)
The Board supports the concept of surface water retention and
encourages the Turtle River Watershed Conservation District, the
Dauphin Lake Basin Advisory Board, and any other conservation
organizations to undertake such works as necessary to assist in the
retention of surface water in the upper watershed areas; and
(viii)
Wetlands provide habitat for wildlife and can be an important part of
the local drainage pattern. Wetlands should be protected and should be
drained only when there is a clear benefit and only when the
environmental impact is clearly understood.
3(7)
Wildlife Resources
A broad variety of wildlife species may be found within the Planning District. The
protection and preservation of natural habitat is important to perpetuate the existing
diversity of wildlife.
PART II:
THE RURAL AREA
Page 19
Policies
(a)
The preservation and enhancement of wildlife habitat areas on land which, due
to poor soil quality, excessive slope or other reasons, is not suitable for
agricultural production, shall be encouraged. These areas shall, where possible,
be linked by way of undeveloped road allowances to form an integrated wildlife
habitat system;
(b)
Natural marshes and ponds should be preserved and enhanced in order to
protect wetland habitat and watering areas for wildlife; and
(c)
Significant deer wintering areas should be afforded protection by preserving
and enhancing reasonably large areas of land in a manner which would be most
beneficial to these animals.
3(8)
Aggregate and Mineral Resources
Aggregate Resources are not renewable and there are no effective substitutes for most
end uses. Aggregate resources have a low value-to-weight ratio and hauling distances
greatly affect costs for the end users. It is therefore important that aggregate be
quarried close to where it is being used. Areas containing significant aggregate
deposits are shown on Map No. 4. This map also illustrates an area containing a
deposit of kaolinitic clay, which has potential for development as a mineral resource for
the brick manufacturing industry.
Policies
(a)
Deposits assigned "HIGH" status on Map No. 4 are valuable and land uses that
would conflict with utilization of the resource such as residential subdivisions,
highways and utility corridors shall not be permitted on the deposit. Uses such
as agriculture or any other use that would permit access to the deposit shall be
permitted;
PART II:
THE RURAL AREA
Page 20
(b)
Deposits assigned a "MEDIUM" status on Map No. 4 have not had their
potential proven or have quality that is not high but may be of value to the
local area. These deposits may be allocated for a conflicting land use such as
residential subdivision, highways or utility corridors after reviewing local needs
and alternate sites in consultation with the Mineral Resources Division of the
Provincial Government;
(c)
An owner or operator who proposes to establish an aggregate extraction
operation may be required to submit a site plan that will show the manner in
which the extraction or development will occur. Agreements may also be
required to share the cost of municipal services required for the aggregate
extraction operation;
(d)
Aggregate extraction shall be a conditional use subject to the provisions of The
Zoning By-law and The Planning Act and the acquisition of a permit under the
Mines and Minerals Act. Conditions of approval may include requirements for
cost-sharing for municipal access roads;
(e)
The Zoning By-law shall establish a separation distance for buffering between
adjoining developments and extraction operations;
(f)
Depleted aggregate extraction sites shall be rehabilitated to a condition that is
safe, stable, and compatible with adjacent lands; and
(g)
The area containing the kaolinitic clay deposit, as shown on Map No. 4 is
recognized as being an area of potential economic significance, and non-
agricultural development shall generally not be allowed within this area.
PART II:
THE RURAL AREA
Page 21
3(9)
Recreation
Certain types of recreational activities are appropriate within a rural agricultural area.
These types of activities can occur within specially developed areas, such as parks and
golf courses, or may occur more extensively throughout the Planning District, such as
angling, hunting and snowmobiling.
Policies
(a)
Recreational lands, where identified as the predominant use, should be
protected from all other uses and be developed only to the carrying capacity
of the resource;
(b)
The recreational activity should suit the natural topography. Simultaneously,
consideration should be given to conserving natural features (such as
vegetation, drainage and the natural lay of the land) and minimizing
interference with wildlife habitats;
(c)
Certain types of recreational development shall be provided for as conditional
uses within the rural agricultural area;
(d)
The Zoning By-law shall establish special separation distances for livestock
production operations in the vicinity of important outdoor recreation areas; and
(e)
The subdivision of Rural land for recreational uses shall be in accordance with
the Recreation Land Division Policies of Section 4(2) of this Part.
3(10) Waste Disposal Grounds and Sewage Lagoons
Both waste disposal grounds and sewage lagoons have the capacity to adversely affect
the quality of life in area surrounding them. Waste disposal grounds may also feature
the production and migration of methane gas, which can be dangerous.
PART II:
THE RURAL AREA
Page 22
Policies
(a)
Habitable buildings shall not be located in close proximity to a sewage lagoon;
(b)
Habitable buildings shall not be located in close proximity to operating waste
disposal grounds; and
(c)
Habitable buildings shall not be located in close proximity to abandoned waste
disposal grounds unless the developer can conclusively prove through an
engineering study that any environmental problems will not injuriously affect
the development. In determining the suitability of development the Council may
consult with the Environmental Management Division.
4
LAND DIVISION POLICIES & CRITERIA
These Policies and Criteria for Rural Land Division are designed to help guide and select
those rural land divisions in accordance with the objectives and policies outlined in
Sections 2 and 3 of this Part.
4(1)
General - Land Division Policies
(a)
Certain commercial and industrial activities directly related to the use of rural
resources or the provincial highway system may require a rural location. This
may include or be due to:
(i)
The need for close proximity to a specific resource;
(ii)
The danger that traffic may cause in an urban centre;
(iii)
The need for quantities of land in excess of that reasonably provided
in the settlement centre;
(iv)
The need for providing essential services to highway users;
(v)
The need for separation from population centres because of noxious
emissions or other similar safety considerations;
PART II:
THE RURAL AREA
Page 23
(vi)
Certain types of specialized farming activities such as market
gardening, nurseries, beekeeping, chicken or livestock production that
do not require a large holding; and
(vii)
Certain agro-related industrial and commercial developments that are
highly supportive of and directly related to agriculture such as
implement dealerships, fertilizers sales, anhydrous ammonia sales, seed
cleaning plants, grain elevators, and bulk oil establishments that require
a rural location may be allowed as a conditional use.
In these instances, a rural site may be acceptable if it can be demonstrated that
it does not unduly contravene the objectives of this Development Plan;
(b)
Rural residential development may be allowed provided that:
(i)
The development minimizes conflict with agricultural practices and
other resource-related industries; and
(ii)
The development shall reflect an alternative to the urban lifestyle, not
an evolutionary step toward an urban environment.
Such residential uses should be located conveniently enough to draw on the
social, recreational and commercial services of the local settlement centres.
Any existing rural cluster residential development shall be appropriately
designated in the Zoning By-law;
(c)
The existing development at the community of Ste. Amelie is recognized as an
existing cluster of residential development. The development of new housing
and infill housing will be encouraged within the general area of the existing
development at this location, subject to lot size and building setback
requirements to be specified in the Zoning By-law; and
PART II:
THE RURAL AREA
Page 24
(d)
The creation of small parcels or sites may be allowed under the following
circumstances:
(j)
A farmstead surplus to a farmer's needs may be converted to a non-
farm dwelling site;
(ii)
To provide a residential site for individuals who are actively associated
with the farming operation; the Title being created should, where
feasible, be located either on lower class agricultural land or, where
physically and environmentally suitable, adjacent to the existing
farmstead;
(iii)
To permit subdivision of an existing farmstead for a retiring resident
farmer;
(iv)
To permit a single residential site on a small parcel of land (generally
five acres or less in area) which has been physically separated by
features such as major drains, sloughs and transportation facilities and
where such parcel cannot reasonably be used for agricultural purposes;
(v)
To permit limited infill of existing rural residential cluster developments.
In keeping with the objectives of this Development plan, greater
flexibility in permitting infill will be allowed for cluster development
expansion on lower class agricultural lands;
(vi)
Where a site, intended to be developed for non-farm dwelling purpose,
was created prior to the adoption of this Plan, said site may be used for
non-farm dwelling purposes;
(vii)
Rural non-farm residences, subject to the objectives, policies and
criteria outlined in this part; and
(viii)
Certain rural recreational divisions, provided that they meet all
objectives and policies outlined in this Development Plan.
PART II:
THE RURAL AREA
Page 25
4(2)
Recreation - Land Division Policies
(a)
Recreation developments such as cottage developments shall take into
consideration the "Recreation Capability" of the resource. Information
concerning:
(i)
Capability of the resource base to support the development;
(ii)
Suitability of the area for the proposed development;
(iii)
Public costs, in terms of construction and maintenance of roads, school
bussing and other amenities and services; and
(iv)
Impact on adjacent land uses and the environment;
may be required to be submitted to the Board for review prior to such
recreation development occurring;
(b)
Access to water bodies shall be provided and the development of marina, boat
launching and docking facilities shall occur in centralized sites, separated from
swimming areas and subject to the approval of the Department of Natural
Resources;
(c)
Areas for Seasonal Recreational development shall be predominantly for
"seasonal" uses. Seasonal uses in this context are those uses used primarily
for recreation purposes and not on a permanent year round basis. The zoning
by-law will reflect this emphasis; however, it may provide criteria whereby
permanent year round uses may be established subject to Council's approval;
and
(d)
Recreation developments shall adhere to all the applicable Land Division Policies
of this Part and the separation standards to be defined in the Zoning By-law so
as to avoid conflict with other Rural uses.
PART II:
THE RURAL AREA
Page 26
4(3)
General Rural Land Division Criteria
The following development criteria for residential, recreational and non-agricultural uses
shall guide the District and its Councils in the processing of development and
subdivision applications:
(a)
The location of the proposed development (excluding rural non-farm residences)
should be restricted to lower class agricultural lands or lands unsuitable for
farming wherever possible;
(b)
The location of rural non-farm residences may be permitted on lower class
agricultural lands, but should not be located on prime agricultural lands; and,
where feasible, residences should be situated adjacent to any existing
residential site;
(c)
In general the site area shall not be less than 2 acres. If the site is larger than
2 acres, consideration should be given to not excessively consume valuable
agricultural land;
(d)
Subdivision for rural residential use shall not have the effect of potentially
creating a new settlement centre;
(e)
The proposed development shall be located a sufficient distance (to be
established in the Zoning By-law) from conflicting or incompatible livestock
production operations;
(f)
The proposed development shall be located a sufficient distance from other
conflicting or incompatible land uses such as industrial areas, waste disposal
areas, sewage lagoons, landing areas for aircraft, high capability areas for
mineral extraction and prime wildlife habitat;
(g)
The proposed development shall not be located in natural hazard areas subject
to flooding, inadequate drainage, erosion or with a continuous or recurring high
water table, and the site shall be physically suitable for the proposed use;
PART II:
THE RURAL AREA
Page 27
(h)
A small holding shall not create the potential to restrict the farming activity on
adjacent agricultural land;
(i)
The development shall not cause groundwater pollution, and shall not adversely
affect the water supply for existing or potential users with respect to quality
and quantity;
(j)
All necessary services such as all weather roads, drainage, hydro, telephone,
school bussing can be provided with reasonable efficiency and without undue
cost to the Municipality;
(k)
The proposed development should have access to a potable water supply;
(l)
The proposed development should be capable of providing an approved on-site
sewage disposal system in accordance with Environmental Regulations;
(m)
In approving new developments, consideration shall be given to the current and
projected demand for the particular use. It shall be the responsibility of the
subdivider or developer to demonstrate the need for subdivision, provide
information on the suitability of a site for such development and the impact the
development will have on the immediate area; and
(n)
The development shall not conflict with the policies of Part V Highway
Protection.
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 28
PART III
THE STE. ROSE SETTLEMENT CENTRE
1
INTRODUCTION
The Ste. Rose Settlement Centre comprises the largest urban area within the Planning District.
This area can be described as the Village of Ste. Rose du Lac and the "urban in nature" fringe
area surrounding the Village but situated within the jurisdiction of the Rural Municipality of Ste.
Rose. Map No. 2 is a conceptual illustration of the designated development areas within the
fringe area, and Map No. 5 is a conceptual illustration of the land use designations within the
Ste. Rose Settlement Centre. The conceptual illustrations provide a means of representing and
designating the complex form of the different development areas.
The Engineering Background Study provided information on service provision and infrastructure
from which projections can be made for the most suitable areas for urban expansion. The
following is a statement of Objectives and Policies pertaining to each of the land use
designations represented in the Ste. Rose Settlement Centre.
2
RESIDENTIAL AREAS
The Ste. Rose Settlement Centre has experienced considerable residential development during
the last several decades. Newcomers to the community along with retiring farmers from the
surrounding rural area have created a demand for new housing. Although it is difficult to
forecast the future, it is important to anticipate and plan for additional residential development,
as part of an overall community development strategy.
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 29
2(1)
Objectives
(a)
To ensure that there is adequate available residential land and a variety of
housing types to meet the community's present and future needs;
(b)
To ensure that new residential development occurs in areas that are most
economically serviced and which have the least potential for being negatively
affected by, or of affecting, surrounding development;
(c)
To provide for and encourage limited compatible development other than
residential while still protecting the residential character of the area; and
(d)
To provide for a limited amount of residential development, under certain
circumstances, outside of the limits of the Village of Ste. Rose du Lac but
within the general vicinity of the Settlement Centre.
2(2)
Policies
(a)
New residential developments shall be directed to the designated areas on the
Development Plan Maps No. 2 and No. 5 for this use in order to make
maximum use of existing services;
(b)
Only uses compatible with residential development shall be permitted in areas
designated for residential use such as, parks, churches, schools and limited
home occupations. The Zoning By-law shall establish criteria for the
establishment and operation of home occupations in order to minimize impacts
on nearby residential developments;
(c)
The rehabilitation and/or replacement of existing housing shall be encouraged,
along with infill in the existing serviced areas, as the most cost efficient means
of providing new housing in the community;
(d)
Land which is presently undeveloped, but which has been designated as an
area for future residential expansion shall not be subdivided or developed until
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 30
an overall concept plan for the area has been prepared and approved in
principle by the Board. Furthermore, development in these areas should be
staged in order to promote orderly development and the efficient provision of
services;
(e)
Any new proposals for residential development, outside of their designated
areas in the settlement Centre, shall be examined for servicing feasibility,
accessibility, and proximity to community facilities, and a concept plan shall be
presented to the Board for review; and
(f)
Consideration shall be given to providing a wide variety of housing types
depending on demand and the needs of the community. In determining a
location for various types of dwellings, the Board should consider the following
points:
(i)
Dwellings which house more than one family (e.g. duplexes, town
houses and apartment buildings) should be located on the periphery of
single family dwelling areas, on the periphery of the commercial area
or at the end of blocks and buffered by distance and/or landscaping. In
addition, they should have access to a major street and provide
adequate off-street parking facilities;
(ii)
Specialized housing projects such as public housing, group homes,
senior citizen housing and similar developments will be assessed and
dealt with as they are proposed. Furthermore, efforts should be made
to disperse these developments throughout the community instead of
concentrating them in one particular area of the Settlement Centre. In
determining location, the Board should consider the impact on
surrounding uses, availability of community and service facilities,
impact on services, parking provisions and separation distances;
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 31
(iii)
New mobile home developments, including mobile home parks and
mobile home subdivisions, should be reviewed on the basis of demand,
servicing feasibility and availability of land followed by the appropriate
amendment to the Zoning By-law, since mobile home developments
shall be specifically zoned; and
(iv)
Residential Subdivisions outside of the Village limits, but within the
general vicinity of the Settlement Centre shall be subject to the policies
and criteria for Rural Land Division under Section 4, Part II. These
residential sites should not rely on the Village for servicing and
therefore may need to be larger in area in order to facilitate on site
servicing.
3
COMMERCIAL AREAS
The Ste. Rose Settlement Centre contains a variety of businesses which provide goods
and services to the community and the surrounding rural area. As part of an overall
community development strategy, it is important to designate areas for future
commercial growth and development.
3(1)
Objectives
(a)
To strengthen the central commercial area within the Settlement Centre, to
promote efficient use of services, and to provide a convenient and easily
accessible customer shopping area;
(b)
To provide for the establishment of properly designed and located highway
commercial areas for developments requiring large parcel sizes and access to
the highway system; and
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 32
(c)
To ensure that when there is either central commercial or highway commercial
expansion or development, conflict with adjacent dissimilar land uses is
minimized or avoided.
3(2)
Policies
(a)
Two types of commercial areas are recognized:
(i)
Central Commercial which is the traditional downtown area of the
community; and
(ii)
Highway Commercial which is the larger parcels of commercial land
adjacent to the highway system;
(b)
The Central Commercial Area located in the Village of Ste. Rose du Lac, should
be maintained as the most intensive commercial, business, social and cultural
area of the District containing a wide variety of compatible commercial uses.
New commercial ventures which make intensive use of land should be directed
to locate in this area;
(c)
Although the Central Commercial Area is primarily intended to be the focus of
most commercial development, exiting residential uses in this area will also be
provided for in the Zoning By-law, and new residential uses may also be
permitted when in conjunction with a commercial development. Multiple family
residential developments may also be allowed within the periphery of the
central commercial area, as it is generally recognized that such developments
will be complementary to commercial activities;
(d)
Expansion of the Central Commercial Area shall occur on lands contiguous with
the developed Commercial Area. Priority for further development shall be those
lands and buildings that are underutilized or in non-commercial use in the
downtown in order to maintain a compact Central Commercial Area;
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 33
(e)
Highway Commercial Uses shall be limited to those uses which serve the
travelling public or uses which require large areas and are subject to conditions
which may be a nuisance or a hazard if located in the densely developed areas
of the Settlement Centre;
(f)
Highway Commercial Developments shall be subject to locational criteria which
will prevent strip development (in areas other than those designated) and
minimize negative impacts on highways and surrounding developments;
(g)
A residence may be permitted in conjunction with a Highways Commercial Use
for the owner or custodian, and may be part of the principal building or a
separate detached building, as regulated in the Zoning By-law;
(h)
Highway Commercial uses should not rely on direct access to the highway, but
should endeavour to use existing municipal service roads and/or internal road
systems;
(i)
The undeveloped land designated for highway commercial development located
south of the Village of Ste. Rose and P.T.H. No. 5 shall not be further
subdivided for additional independent lots requiring separate highway access
and servicing, until an overall concept plan for the area has been prepared and
approved in principle by the District Board in consultation with Manitoba
Highways;
(j)
Wherever possible, highway commercial developments which use high volumes
of water, such as restaurants and motor hotels, shall be located in areas which
can be readily serviced with community services; and
(k)
As the appearance of highway commercial development establishes a strong
visual image of the community, a high standard of building design and property
maintenance shall be encouraged.
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 34
4
INDUSTRIAL AREAS
Industrial development provides diversification and strength for the local economy, and
is therefore considered to be very important for a community. As part of a community
development strategy, it is important to designate lands at appropriate locations for
future industrial development. Such locations should be in areas that can be serviced
and that will be compatible with other types of community development.
4(1)
Objectives
(a)
To maintain existing industrial land within the Settlement Centre and to provide
guidelines for future industrial development;
(b)
To encourage the establishment of a serviced industrial park at a suitable
location in order to properly accommodate future industrial development;
(c)
To minimize conflict between industrial uses and other adjacent uses; and
(d)
To ensure that any future industrial development is not noxious or offensive or
detrimental to the general health and welfare of residents of the Settlement
Centre.
4(2)
Policies
(a)
New industrial developments should be directed those areas designated for
industrial use, as illustrated on Development Plan Map No. 5;
(b)
Where industrial uses may have a negative impact on an adjacent area, the
Board may require a suitable buffer or a separation distance to be established;
(c)
An accessory dwelling may, under certain circumstances, be permitted with an
industrial use; and
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 35
(d)
New industrial development shall be subject to review by the Board who shall
consider the effect on existing services, impact on surrounding land uses,
impact on the environment and accessibility to transportation. The developer
may be required to provide an engineering study and an environmental impact
study to indicate or establish measures to mitigate any potential detrimental
effects the development may have on its surrounding environment.
5
PARKS, RECREATION AND OPEN SPACE AREAS
5(1)
Objectives
(a)
To promote the adequate provision of and accessibility to both active and
passive recreation facilities at convenient locations within the Settlement
Centre; and
(b)
To ensure that parks, recreation, open spaces and peripheral lands are
developed or used in such ways that the Settlement Centre is enhanced.
5(2)
Policies
(a)
Areas which could provide visual enhancement, a buffer between incompatible
uses, or are unsuitable for development due to terrain factors, should be
retained and developed as open space areas;
(b)
Parks, recreational areas and open spaces should be distributed throughout the
Settlement Centre to ensure easy access by all residents;
(c)
Where areas are being subdivided for new residential developments, Council
may require the owner or developer to provide land for parks, recreation or
open space purposes within the development, in accordance with the
provisions of The Planning Act; and
PART III:
STE. ROSE SETTLEMENT CENTRE
Page 36
(d)
Portions of the designated Parks, Recreation and Open Space Area are subject
to periodic flooding when The Turtle River overflows its banks, and therefore
any development in these areas should be compatible with this recognized
hazard. As a general policy, development within these areas shall be limited to
open space uses such as parks and athletic fields, and no permanent buildings
or structures shall be allowed within this flood prone area, unless they can be
protected from flood damage in accordance with recommendations from The
Water Resources Branch.
6
AGRICULTURE URBAN RESERVE AREAS
6(1)
Objectives
(a)
To ensure that these areas remain available for urban development in the long-
term future; and
(b)
To ensure that developments and activities which occur in these areas will be
compatible with other development within the community.
6(2)
Policies
(a)
Lands within these areas may be used for general agricultural activities, such
as cereal crops and forage crops;
(b)
The continued operation of the community's sewage lagoon within this
designated area shall be allowed; and
(c)
Non-agricultural developments will generally not be allowed within these
designated areas, until such time as an overall plan has been prepared,
illustrating the layout of future roadways, building lots and servicing systems
(sewer, water and hydro), and until the area has been redesignated for
development.
PART IV:
LAURIER SETTLEMENT CENTRE
Page 37
PART IV
THE LAURIER SETTLEMENT CENTRE
1
INTRODUCTION
The Laurier Settlement Centre contains a number of homes, several businesses and a school,
which are serviced by a public water supply and sewage disposal system. New development
should be encouraged within this settlement centre wherever possible in order to promote its
long-term viability.
2
OBJECTIVES AND POLICIES
2(1)
Objectives
(a)
To promote and encourage suitable land use and development in a logical,
economical and environmentally sound basis;
(b)
To develop an attractive and compact settlement centre; and
(c)
To ensure that services, health and safety of the settlement and its residents
are maintained.
2(2)
Policies
(a)
Residential, commercial and industrial uses have not developed sufficiently to
exhibit district areas, and no such designations will be made on Development
Plan Map No. 6. Instead the settlement centre will be designated as a "GD"
General Development Area. Any new development shall occur in such manner
so that adjoining land uses are compatible, and potential conflict between uses
is minimized. Generally, non-residential development proposals within or
immediately adjacent to the settlement centre will be dealt with at the
discretion of Council;
PART IV:
LAURIER SETTLEMENT CENTRE
Page 38
(b)
An area adjacent to the eastern approach to Laurier, as shown on Development
Plan Map No. 7, is intended to be developed as a rural commercial area, with
large lots primarily for agro-commercial or agro-industrial uses. Development
within this area shall be subject to the policies for highway commercial
development as outlined in Section 3(2) of Part III.
(c)
Where there are a reasonable number of suitable vacant lots existing in the
settlement centre, no further subdivision of land should be allowed adjacent to
it;
(d)
Wherever possible, new development shall occur on an infill basis, or
immediately adjacent to the serviced area of the settlement centre, in order to
minimize the costs of providing piped services;
(e)
In unserviced areas (no Municipal sewage system) lot sizes should be adequate
to permit an effective on site disposal system. Holding tanks shall be required
for all sites that cannot meet the minimum site requirements for an on-site
disposal system;
(f)
All sewage and other waste disposal shall comply with the regulations under
the Public Health Act and Environment Act, and surface water quality shall be
protected by adherence to the guidelines of the Manitoba Surface Water
Quality Objectives; and
(g)
Separation standards for incompatible uses, such as sewage lagoons and
livestock confinement areas, locating close to the settlement centre, will be
established in the Zoning By-law.
PART V:
HIGHWAY PROTECTION
Page 39
PART V
HIGHWAY PROTECTION
1
INTRODUCTION
Provincial Trunk Highway Nos. 5 and 68 are the most important highways in the District and
have been classified as "Primary Arterial", whereas P.R. 276 has been classified as "Secondary
Arterial" and the other provincial roads as "Collectors" by Manitoba Department of Highways.
Roads in the Provincial System as well as those under Municipal jurisdiction represent a
substantial investment and their efficiency must be protected. The establishment of certain
types of intensive development along the highways would generate increased turning
movements onto and off of the highway, which would diminish highway safety and efficiency.
Similarly, the creation of numerous access points onto the highway would also diminish
highway safety and efficiency. It is therefore important to ensure that proper planning occurs
on lands adjacent to highways.
2
OBJECTIVES AND POLICIES
2(1)
Objectives
(a)
To promote the safety and efficiency of highways and roads within the District by
regulating nearby development;
(b)
To avoid conflict between roads and adjacent land uses; and
(c)
To protect highways for future expansion.
PART V:
HIGHWAY PROTECTION
Page 40
2(2)
Policies
(a)
Development adjacent to Highways (especially P.T.H. Nos. 5 and 68) shall
locate in those areas which have already experienced a substantial amount of
land fragmentation;
(b)
Strip development long the highway whereby direct connections to the
highway are continuously relied upon for providing access to abutting
properties shall not be permitted;
(c)
The kind of development that would generate traffic in an amount or of a type
that would unduly impair the present and potential capability of the adjoining
highway to carry traffic safely and efficiently shall not be permitted unless
adequate measures are undertaken to remedy the problem;
(d)
The local road or street network associated with any type of proposed
development shall be designed to be in accord with both the existing and
planned road and street system of the neighbouring areas;
(e)
Clustered Commercial and industrial developments should utilize common
access points and internal road systems, integrated with existing or adjacent
road networks, rather than relying on direct access to the highway;
(f)
Anhydrous ammonia facilities shall not be located within 300 feet (91.5m) from
the edge of the right-of-way of either a principal highway or road or a
municipal road;
(g)
Adequate setbacks of structures, buildings, shelter belts, etc. shall be
maintained from all provincial highways or roads or municipal roads;
(h)
Satisfactory storm drainage shall be provided to service any new development
situated along a provincial highway or road or municipal road; and any
alterations made to the drainage system shall be at the expense of the
developer; and
PART V:
HIGHWAY PROTECTION
Page 41
(i)
All development shall conform to the statutory requirements of:
(i)
The Department of Highways and transportation;
(ii)
The Highway Traffic Board Act;
(iii)
The Ste. Rose Planning District; and
(iv)
The Village of Ste. Rose du Lac and the Rural Municipality of Ste. Rose.
PART VI:
HERITAGE RESOURCES
Page 42
PART VI
HERITAGE RESOURCES
1
INTRODUCTION
In 1989 the Historic Resources Branch outlined in a Background Report the cultural historic
resources of the Ste. Rose Planning District. Although there are no heritage committees in the
Village of Ste. Rose du Lac or the R. M. of Ste. Rose, these municipalities are proactive in
protecting heritage resources.
2
OBJECTIVES & POLICIES
2(1)
Objectives
(a)
To identify, preserve and protect the heritage resources in the District;
(b)
To encourage public awareness of, understanding of and appreciation for
heritage resources; and
(c)
The planning District Board will continue to identify, commemorate, protect and
make accessible heritage resources; and provide a source of advice on heritage
issues.
2(2)
Policies
(a)
The Board shall endeavour to preserve and protect its heritage resources
through the judicious use of zoning by-laws, subdivision approval procedures,
issuance of development permits and designation of heritage sites;
(b)
As a condition for the approval of a subdivision, demolition permit, or the
issuance of a development permit, the applicant may be required to show that
a historically, architecturally, or archaeologically significant site or structure is
not being endangered or demolished; and
PART VI:
HERITAGE RESOURCES
Page 43
(c)
To ensure that invaluable historical and archaeological resources are not lost
without the opportunity for proper exploration, the District Board should
consult the reports prepared by the Historic Resources Branch which identify
areas with high historic resource potential. In addition, development
applications such as subdivision proposals and development permits, should be
referred to the Historic Resources Branch for comment and recommendations
in situations where historical or archaeological sites are involved.
PART VII: GENERAL IMPLEMENTATION
Page 44
PART VII
GENERAL IMPLEMENTATION
1
INTRODUCTION
The policies established in this Development Plan are based on a long range view of
development within the Planning District. The policies serve as a guide in making planning
decisions but the actual enforcement and regulation on a day-to-day basis must make use of
all tools available to Municipalities and Planning Districts, including Zoning By-laws,
development permits, subdivision approval and development agreements.
2
LAND USE REGULATORY TOOLS
2(1)
Zoning By-laws
The objectives and policies in the Development Plan guide the preparation of
regulations establishing land use zones and requirements in the Zoning By-laws of the
Village of Ste. Rose du Lac and the R. M. of Ste. Rose. While the Development Plan
policies guide the Zoning By-law, it may be necessary in some cases to zone a specific
property for its existing use rather than for the use foreseen in the Development Plan.
The Zoning By-laws establish permitted and conditional uses and siting and other
requirements for buildings and structures. Any amendments to the Zoning By-laws
should also be based on the objectives and policies contained in the Development Plan.
2(2)
Development and Building Permits
(a)
Upon adoption of this Development Plan, a proposal for the actual development
of a site will require that a Development Permit be obtained from the District's
Development Officer. The Development Permit ensures that the proposed
development conforms with the adopted Development Plan, Zoning By-laws
and the provisions of The Planning Act; and
PART VII: GENERAL IMPLEMENTATION
Page 45
(b)
The Manitoba Building Code, adopted by By-law by each Municipality under
The Buildings and Mobile Homes Act, sets the minimum standards which all
non-farm buildings (new or renovated) must meet. This Code is adopted in
order to protect the safety and health of the public with regard to adequate fire
provisions and health requirements. Permits, as required, will be obtained from
the District Development Officer.
2(3)
Subdivision Control
(a)
The objectives and policies contained in the Plan shall also be implemented by
means of the provisions and regulations outlined in The Planning Act (Part VI)
governing the subdivision approval process; and
(b)
Under The Planning Act, a subdivision application cannot be approved unless
it conforms to the District Development Plan and its implementing Zoning By-
laws.
2(4)
Development Agreements
One of the means by which the objectives and policies established in the Plan may be
implemented is the development agreement. The Planning Act permits the Councils to
enter into a development agreement with the owner or developer of land. Such
development agreements will clearly identify the responsibilities of the Municipality and
those of the owner/developer in order to ensure the provision of suitable facilities,
servicing, landscaping, and other matter relating to the development of land, as
provided for in The Planning Act
PART VII: GENERAL IMPLEMENTATION
Page 46
2(5)
Other Legislation
Aside from The Planning Act, there are other statutes and regulations which may affect
the objectives and policies outlined in the Development Plan. Wherever the regulations
or requirements provided for by any Act imposes greater restrictions than those
provided for by this Plan, then such greater restrictions or requirements shall normally
take precedence.
The following Acts should be consulted to provide further guidance when implementing
this Development Plan:
(a)
Environment Act
(b)
Mines Act
(c)
Water Rights Act
(d)
Groundwater and Water Well Act
(e)
Highways Protection Act
(f)
Public Health Act
(g)
Municipal Act
(h)
Real Property Act
(i)
Buildings and Mobile Homes Act
(j)
Crown Lands Act
(k)
Provincial Park Lands Act
(l)
Resource Conservation Districts Act
(m)
Watershed Conservation Districts Act
(n)
Manitoba Building Code.
PART VII: GENERAL IMPLEMENTATION
Page 47
3
SECTOR PLANS AND IMPACT STUDIES
By nature, the Development Plan primarily deals with general land use and development within
the entire District. As a means of ensuring that development and land use occur in a manner
consistent with the objectives and policies set out in the Plan, it may be necessary that sector
plans or impact studies be prepared in order to evaluate development proposals. Such studies
would be a detailed evaluation of the proposal within the context of the Development Plan
policies which in themselves may be too general to complete the evaluation of the land use
proposal. Examples of such studies may be with respect to extension of municipal services and
their efficiency or capacity to support additional development, or conceptual layout designs for
new subdivisions. In some cases a development proponent may be required to prepare sector
plans or conduct suitable impact studies to support a development proposal in order to allow
for adequate evaluation of the proposal.
4
REVIEW AND AMENDMENT
(1)
This Development Plan is not intended to be static but rather a document that is
flexible to ensure that new trends and unforeseen development can be accommodated.
(2)
This plan may be reviewed and amended whenever any objectives, policies or
proposals established by this document become unrealistic or new needs arise. Any
amendments to this plan shall be adopted in accordance with the provisions of The
Planning Act and should be consistent with the intent and spirit of the remainder of this
Plan.
(3)
Pursuant to Section 26 of The Planning Act, the Development Plan shall be reviewed
at least once every five years or within five years if the District Board or Councils or
Minister of Rural Development considers it necessary to do so.
PART VIII: APPENDIX
Page 48
PART VIII
APPENDIX
PROVINCIAL CROWN LAND IN THE STE. ROSE PLANNING DISTRICT
Most of the land in the District is private land, the remaining land is either owned by the Municipality
or The Crown. Crown-owned lands are unutilized primarily as wildlife or natural reserves, leased
agricultural land, or are bodies of water.
The Crown land in the District falls under the jurisdiction of the Manitoba Government. Crown lands
once sold, will fall under the requirements of the Ste. Rose Development Plan.
This Appendix is intended only for reference and does not form part of the Ste. Rose Development
Plan.
PART VIII: APPENDIX
Page 49
DONE AND PASSED BY THE BOARD OF THE STE. ROSE PLANNING DISTRICT in meeting
duly assembled, in the Village of Ste. Rose Du Lac, Manitoba, this 20th DAY OF
___________JULY_________A.D. 1995.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
Rene L. Maillard, Chariman
Marlene M. Bouchard
Secretary-Treasurer
READ A FIRST TIME THIS
30TH DAY OF NOVEMBER A.D. 1994
READ A SECOND TIME THIS 18TH DAY OF JANUARY A.D. 1995
READ THIRD TIME THIS
20TH DAY OF JULY A.D. 1995
I, Marlene M. Bouchard, Secretary-Treasurer of The Ste. Rose Planning District, certify the
above to be a true and correct copy of By-law No. 01-94, of The Ste. Rose Planning District
Which was finally PASSED, SIGNED, SEALED and NUMBERED 01-94 on the 20th day of
July, 1995.
ORIGINAL SIGNED BY
Marlene M. Bourchard
Secretary-Treasurer
The Ste. Rose Planning District
DEVELOPMENT PLAN
BY-LAW NO. 01-94 APPROVED BY:
O.I.C. NO. 543/1995 , DATED: Sep 27, 1995
EFFECTIVE DATE: September 27, 1995
PART VIII: APPENDIX
Page 50