For more information please contact the Red River Planning District.

Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk 8:30-4:15

*excludes all statutory holidays

What are CU 12, 2020 and VO 49, 2020 about? To allow a Drive-In Food Service Use (drive-thru window) to operate on the subject property as part of a new Eating and Drinking Establishment (Dairy Queen Restaurant). The variance proposes to allow for a reduced number of required parking spots on the subject property.

For more information please contact the Red River Planning

District.

Red River Planning District Mon-Fri* 806A Manitoba Ave. Selkirk-8:30-4:15 *excludes all statutory holidays

*NOTE: Property owners are responsible for notifying “Tenants”

We are Listening.

Public

Hearing

Tuesday,

July 7, 2020

2:45 PM

Council Chambers

3021 Birds Hill Rd.

East St. Paul, MB

SOCIAL DISTANCING WILL BE OBSERVED

Phone:

(204) 482-3717

1-800-876-5831

Fax:

(204) 482-3799

E-Mail:

info@rrpd.ca

Website:

redriverplanning.com

TO PROPERLY ACCOMMODATE SOCIAL

DISTANCING PUBLIC HEARINGS ARE BEING

ASSIGNED SPECIFIC START TIMES THAT ARE 45

MINS. APART WITH ADDITIONAL SPACE FOR

PARTICIPATION PROVIDED IN THE PLAZA.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 1 of 5

Date: July 2, 2020 *REVISED*

File: CU 12, 2020

To: Council, R.M. of East St. Paul

Prepared by: Ingrid Zarichney, Community Planning Assistant

From: Paul Bell, M.Pl, RPP, MCIP, Community Planner

Location: Lots 1/3, Plan 11579 (Roll 83600)

Civic: 3156 Birds Hill Rd.

Zoning: “CB” Commercial Business, East St. Paul Zoning By-Law 2009-04

Purpose:

The applicant is proposing a Drive-In Food Service Use (drive-thru) as part of a new Eating and

Drinking Establishment Use (Dairy Queen) being proposed on the subject property. The Drive-

In Food Service Use (drive-thru) requires a conditional use approval. A site plan and letter of

intent have been provided by the applicant, and are included with this report.

Background:

The subject property is one (1) ac. in size, and is developed with a Sobey’s Grocery Store that is

39, 800 sq. ft. in size. There is one (1) access along Birds Hill Rd., and two (2) accesses along

Hoddinott Rd.

The applicant has indicated in their letter of intent that the new Eating and Drinking

Establishment will be a Dairy Queen restaurant. A parking variance is required for the Eating

and Drinking Establishmen, which is addressed as part of Variance File # VO 49/20.

The surrounding area is as follows:

North: Hoddinott Rd. and then properties zoned “R1-17” Single Housing Dwelling, developed

with single-family dwellings, and a property zoned “CB” Commercial Business Zone

that is developed with a commercial building.

East: Birds Hill Rd., and then properties zoned “CB” Commercial Business Zone that are

developed with commercial buildings.

South: Properties zoned “R1-17” Single Housing Dwelling that are developed with single-

family dwellings.

West: A property zoned “R1-17” Single Housing Dwelling that is undeveloped and owned by

the Municipality.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 2 of 5

Municipal Comments: Assistant CAO: East St. Paul is in need of more commercial business'. The drive thru should

only be busy during lunch & dinner hours, not constantly lined up like a Tim Horton's for

example.

Operations Manager: I have reviewed the public hearing package and the in regards to the

connection to the Municipal waste water system, the RM will require further information in

order to determine the suitability of the connection such as an estimated ERU total. The RM

would also have requirements for a grease interceptor in the establishment. Although not related

to the proposed drive-thru or parking variance, this is something that the developer should be

aware of.

Planner: I have reviewed the public hearing package and I understand that the Dairy Queen will

be built in an existing parking lot with an overall site plan, but as part of the parking variance,

the RM would like to review the proposed landscape plan for the area directly around the

restaurant and drive thru.

Surveyor: I have reviewed the public hearing package and I have no additional comments.

Municipal Engineer: KGS Group has reviewed the attached draft public hearing package for

the proposed new Dairy Queen Drive-In restaurant at 3156 Birds Hill Road and proposes that the

applicant be required to produce for review and approval by the R.M. a preliminary design report

sealed by an engineer addressing the following:

• Traffic and parking impacts on-site and adjacent roadways.

• Domestic and fire-protection water demands and the ability of the municipal system to

meet them.

• Projected wastewater sewer flows and impacts on downstream municipal wastewater

sewer.

• Land drainage flows and impact on downstream municipal land drainage sewer system.

Fire Department: I have reviewed the public hearing package, and if approved, the property

will have to be monitored to see if traffic accessing the drive thru/additional parked vehicles will

impact access to both the new restaurant and existing Sobey's. There is a requirement in the

Manitoba Fire Code regarding fire lanes and access for emergency vehicles. In addition, there are

two fire hydrants located near 3156 Birds Hill Rd. One on Hoddinott and the other on Birds Hill

Rd at what will most likely be used as the entrance to the DQ. This hydrant would be the primary

one used should we have a major fire in the strip mall across the street (Gondola pizza, Jonesy’s

etc.) Once again we will have to see what impact if any there will be when the DQ is open for

business.

Analysis:

The applicant / owner is constructing a new Eating and Drinking Establishment Use, which is a

permitted use in the “CB” Commercial Business Zone. As part of the new restaurant, a Drive-In

Food Service use (drive-thru window) is being proposed, which requires conditional use

approval.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 3 of 5

The proposed restaurant is located on the same property as the Sobey’s Grocery Store at the

intersection of Birds Hill Rd. and Hoddinott Rd. There are a variety of commercial uses along

Birds Hill Rd., including a convenience store, a catering business, two restaurants, a credit union

and a medical professional office. Located directly south of the subject property, and adjacent to

the proposed drive-thru window, are two residential lots. In the “CB” Commercial Business

Zone, commercial development adjacent to a residential zone must be setback at least 15 ft. from

the property line, and have appropriate screening separating the uses. The proposed Drive-In

Food Service, including driveway, is located 15 ft. from the property line. There is an existing

fence ~6 ft. in height along the property line, and additional landscaping has been proposed

along this side of the property. If there are concerns pertaining to screening or impacts on the

adjacent properties, Council can require additional screening and / or a landscaping plan to

ensure that the proposed landscaping meets the Municipality’s standards.

In the Development Plan, the subject property and surrounding area, are designated as Townsite

Mixed Use, which encourages a mix of uses including stores and restaurants. Policies 11.3.2,

11.3.7 and 11.3.8 provide some criteria and requirements for commercial development.

Primarily, these policies address impacts on street relationship, pedestrian safety and traffic flow.

The Municipality has identified that they require a preliminary design report sealed by an

engineer addressing traffic and parking impacts on-site and for adjacent roadways. This has

been included as a condition of approval (Condition #4). The Municipality has requested a

landscaping plan for the proposed parking area and drive-thru (Condition #5).

As the proposed conditional use only pertains to the proposed drive-thru, and because the

proposed restaurant is a permitted use, requirements relating to water and wastewater demands,

drainage flows, etc., cannot be addressed as conditions of approval. These areas will need to be

addressed by the applicant / owner as part of other permitting procedures (lot grade, water /

sewer connections, building permits, etc.) if possible. As such, the RRPD cannot recommend

including these requirements as conditions of approval.

The proposed Eating and Drinking Establishment, does not meet the minimum requirements for

parking. The applicant has applied for a parking variance, as part of RRPD File # VO 49/20. A

condition of approval has been included to reflect this requirement.

In terms of policy alignment, the proposed Drive-In Food Service use offers an opportunity to

diversify the uses found in Birds Hill, which meets the general intent of the objectives and

policies for the Townsite Mixed Use Designation. If there are concerns relating to screening,

traffic impacts, etc., they may be addressed through conditions of approval and / or a

development agreement. A variance for parking is required for the Eating and Drinking

Establishment, otherwise, the proposed Drive-In Food Service meets the requirements of the

Zoning By-law.

The RRPD recommends that the proposed conditional use could be approved, subject to

conditions.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 4 of 5

Options:

Under section 106(1) of the Planning Act, on completion of the public hearing, Council may:

(a) reject the application; or

(b) approve the application if the conditional use proposed in the application

(i) will be compatible with the general nature of the surrounding area,

(ii) will not be detrimental to the health or general welfare of people living or working

in the surrounding area, or negatively affect other properties or potential

development in the surrounding area, and

(iii) is generally consistent with the applicable provisions of the development plan by-

law, the zoning by-law and any secondary plan by-law.

Recommendation:

The RRPD recommends that the proposed conditional use could be approved, subject to

conditions.

If Council wishes to approve the proposed conditional use, the RRPD recommends the following

conditions.

Please note, conditions of approval may only address the proposed Drive-In Food Service Use

(drive-thru window), and not the Eating and Drinking Establishment:

1. This Conditional Use approval is for the Drive-In Food Service use as proposed within

this application. Any change in use may require a new conditional use application.

2. The applicant / owner to obtain any required variances.

3. The applicant / owner obtain any required permits from the Red River Planning District and

Municipality.

4. The applicant / owner submit a preliminary design report sealed by an engineer addressing

the following, to the satisfaction of the Municipality:

a) Traffic and parking impacts on-site and for adjacent roadways.

5. The applicant / owner submit a landscaping plan to the satisfaction of the Municipality.

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Page 5 of 5

INCLUDED DOCUMENTS:

Supportive Mapping

Applicant’s Letter of Intent and Site Plan

Page 1 of 1

April 8, 2020 Red River Planning District 806 Manitoba Ave Selkirk, MB R1A 2H4 Attention: Paul Bell pbell@rrpd.ca Dear Paul: RE: COMMISSION NO. 2014 CONDITIONAL USE APPLICATION DAIRY QUEEN RESTAURANT DRIVE THROUGH 3156 BIRDS HILL ROAD EAST ST. PAUL, MB Our Client (Crombie REIT) is proposing a new Dairy Queen restaurant and drive through in East St. Paul, Manitoba. The location is placed at the south corner of the Sobeys food store property on 3156 Birds Hill Road. The use will be classified as a ‘Drive-In Food Service’ and would therefore require Conditional Use approval from Council. We will also be reviewing and obtaining approval from Manitoba Infrastructure as part of the property is within a designated highway control zone. We trust that you find the above Conditional Use acceptable and supportive. Please do not hesitate to call if you have any questions or require any clarification. Yours truly, NEJMARK ARCHITECT Ashley Martens, CT (ARCH) Project Coordinator AM/am

110.800

53.400

63.40031.700

31.70025.380

25.280

127.000

18.9

40

EXISTING SOBEYS

6 44 2

39,800 SQ. FT.

14

5

15

141515151515 14 14

BIRDS HILL ROAD

HOD

DIN

OTT

RO

AD

STOP(EXIST.)

STOP(EXISTING)

BF (EXISTING)

BF (EXISTING)

CARTS

25' REAR YARD SETBACK

10' S

IDE

YARD

SET

BAC

K

15' S

IDE

YARD

SET

BAC

K

25' FRONT YARD SETBACK

15' NO PARKING ZONE

25' REAR YARD SETBACK

X

X

X

XX X

X

X

X

STOP

CB

CB

LOA

DIN

G

18'-0

"

18'-0"

24

QUEEN CRU1,878 SQ. FT.

NEW DAIRY

SITE ZONING INFORMATION

ADDRESS 3156 BIRDS HILL ROAD

LEGAL DESCRIPTIONS.P. LOT 3, PLAN 11579 W.L.T.O.IN R.L. 95 TO 97, PARISH OF ST. PAUL

SITE ZONINGZONING: CB (BUSINESS COMMERCIAL)

BUILDING FOOTPRINTEXISTING SOBEYS: 39,800 FT²NEW CRU: 1,878 FT²

PARKING REQ. PROVIDEDSITE TOTAL 218 186ACCESSIBLE 6 8

RETAIL STORE: 1/200 FT² = 199 STALLSEATING AND DRINKING ESTABLISHMENT: 1/100 FT² = 19 STALLS

SITE PLAN LEGEND:

PROPERTY LINE

ZONING SETBACKS

PROPOSED BUILDING

EXISTING BUILDING

ACCESSIBLE PARKING

4" PAINTED LINES WHITE

EXISTING TREES

NEW LANDSCAPING

EXISTING LIGHT STANDARD ANDBASE, REFER TO ELECTRICAL.

NEW LIGHT STANDARD AND BASE,REFER TO ELECTRICAL.

EXISTING FIRE HYDRANT

EXISTING CATCH BASIN. REFER TOCIVIL.

AREA NOT INCLUDED IN CONTRACT(N.I.C.)

POINT OF ENTRY TO BUILDING

CB

SITE PLAN1.0 1.0

1SCALE: 1/64" = 1'-0"

N

TRUE N

ORTH

PROJECT NORTH

DRAWN BY

AM

DATE ISSUED

MAY 15, 2020

COMM. No.

2014

PROJECT

SHEET

PLAN

2-54 Adelaide Street Winnipeg Manit aob R3A 0V7

P 204 947 3775 F 204 947 3789 www.nejmark.mb.ca

N E J M A R KA R C H I T E C T

DAIRY QUEEN CRU

3156 BIRDS HILL ROAD.

EAST ST. PAUL, MANITOBA

SITE

ISSUED FOR

CONDITIONAL USE APPLICATION

ISSUED BY

TC

SCALE

AS NOTED

REVISION No.

R1