A. DEFINITIONS
Buffer Zone: means the land within Meewasin Valley outside the Conservation Zone as described in Schedule "B" of The MVA Act.
Conservation Zone: means the lands described in Schedule "A" of The MVA Act.
Development Plan: means the plans respecting Meewasin Valley on file in the office of the Authority and designated by the Authority as the development plan (The MVA Act, S.2[g.1]).
Heritage Resource: means
- an area where there is detectable archaeological and palaeontological evidence;
- a site which has biological, ecological, geological or similar environmental or scientific significance; or
- a building, a parcel of land together with any structures thereon, or an historical route of travel which is deemed to be representative of the social, cultural, economic, military or political history of Saskatoon, Saskatchewan or Canada.
Improvement: means a building, structure or service facility constructed, or landscape construction, within Meewasin Valley, or any alteration thereof or addition thereto but does not include the ordinary care, maintenance or repair of a building, structure or service facility or of landscape construction (The MVA Act, S.2[1]).
Landscape Construction: means any clearing, breaking, grading, fertilizing or cultivation of any area or the construction of an outdoor ground surface for games or athletics or the establishment thereon of trees, shrubs, flowers, grass or other forms of vegetative growth or outdoor furniture, including seating of a type suitable for a garden or park but not for an audience or assembly of spectators, or any functional or aesthetic features contributing to the general landscape design of the area, and includes the provision of any machines, equipment and tools that, in the opinion of the Authority, are necessary (The MVA Act, S.2[n]).
Meewasin Valley means:
- the areas described in Schedule A and B of The MVA Act subject to any alterations made to those schedules pursuant to section 13 of The Act;
- the lands in and under the waters of the South Saskatchewan River bounded:
- on the north by the projection eastward of the north boundary of Section 10, Township 40, in Range 3, West of the Third Meridian; and
- on the south by the projection eastward of the south boundary of that portion of Section 4 in Township 35, in Range 6, West of the Third Meridian, lying west of the river; and
- the shores of the South Saskatchewan River adjacent to the lands described in subclause (b);
and for the purposes of section 12 of the Act includes the verge (The MVA Act, S.2[w]).
Natural Resource: means land, vegetation, wildlife and water which have value and importance in the environmental life cycle of the Saskatoon region, and which contribute to the region's quality of life.
Public Land: means land within Meewasin Valley owned by or leased to the City of Saskatoon, Province of Saskatchewan, University of Saskatchewan or the Meewasin Valley Authority; and includes the verge (The MVA Act, S.2(w)).
River Channel: means the lands beneath and in the waters of the South Saskatchewan River and includes the riverbed to the shoreline.
Riverbank: means the elevations of land rising above the shoreline.
Riverbank Zone: means land within 92 meters of the shoreline or any part of the slope leading down to the shoreline where the gradient is in excess of 20 percent, whichever extends the greatest distance measured horizontally from the shoreline. In the South Downtown District, the riverbank zone means land shown on Appendix A to the South Downtown District Development Policy.
Riverbed: means the land covered by water as to wrest it from vegetation or as to mark distinct character upon the vegetation and upon the soil itself where the vegetation extends into the water.
Service Facility: means anything by means of which water, light, power or gas is supplied, any sewer or sewage system or any other facility that, in the opinion of the Authority, is necessary for the purpose of Meewasin Valley, and includes a road, curb, bridge, sidewalk or parking lot, outdoor seating of a type suitable for an audience of assembly of spectators and a building that is:
- a headquarters building for the Authority;
- a public bathroom, toilet, shower, changing room, restroom, shelter, tool or equipment locker, pumphouse, or machine house;
- in the opinion of the Authority, incidental to a park or used in connection with the operation of a park; or
- used for any combination of the purposes mentioned in subclauses (a) to (c)
(The MVA Act, S.2[a])
Service Maintenance: means the maintenance of any service facility and includes snow removal, garbage disposal and the provision of any machines, equipment and tools that, in the opinion of the Authority, are necessary (The MVA Act, S.2[aa]).
Shoreline: means the line dividing the riverbank and the riverbed where vegetation ceases or where the character of the vegetation and soil changes.
South Downtown: means the lands bordered by 19th Street on the north, the South Saskatchewan River on the south, the Broadway Bridge on the east and Avenue C on the west.
Utility: means anything by means of which water, light, power, telephone or gas is supplied or any sewer or sewage system.
B. GOALS OF MEEWASIN
Meewasin's activities are directed toward the attainment of three goals:
- to protect the natural and heritage resources of the Meewasin Valley;
- to develop and encourage projects which enhance the natural and heritage resources and add to the quality of life in Saskatoon; and
- to increase understanding and awareness of the natural and heritage resources of the Meewasin Valley.
C. OBJECTIVES OF DEVELOPMENT REVIEW
The objectives of reviewing developments, or what The MVA Act calls "improvements"1 are:
- to ensure that a proposed improvement is consistent or in accordance with Meewasin's development plan; and
- to ensure that a proposed improvement takes account of the natural and heritage resources and other special characteristics of a site.
D. APPLICATION OF THE POLICY
The Development Review Policy is to be used to assess improvements proposed on land and in the river channel within Meewasin Valley.
The review of an improvement by the Meewasin Valley Authority is separate and apart from any other review which may be required by other jurisdictions.
Approval of one and two unit dwellings proposed on lands zoned R1, R1A and R2 has been delegated to the City of Saskatoon.
The Development Review Policy was adopted by the Meewasin Valley Authority on October 5, 1984, designated as an amendment to the development plan pursuant to The MVA Act, S.10[c]) and made a part of the development plan within the meaning of the term "development plan" contained in The MVA Act, S.2[g]). This Development Review Policy supersedes the Development Review Policy dated May 7, 1982.
1 See Definitions, Section 'A'.
E. POLICIES AND GUIDELINES (CONSERVATION ZONE)
1.0
GENERAL
1.1
POLICY
A proposed improvement shall be consistent or in accordance with the Authority's development plan, elaborations and amendments to the development plan, and bylaws in force at the time of receipt of the application.
GUIDELINES
1.1.1
A proposed improvement shall be reviewed with respect to the plans, and all amendments and elaborations thereto on file at the Meewasin Valley Authority and designated by the Authority as the "development plan".
2 1.1.2
When a Meewasin plan or plan amendment or elaboration sets a different requirement or criterion than another Meewasin plan or plan amendment or elaboration, then the latest requirement or criterion shall apply.
1.1.3
In the case of public lands, the proposed use of the land, in addition to the proposed improvement, shall be reviewed in terms of the Authority's development plan.
1.1.4
A proposed improvement shall be consistent with the Authority's bylaws and regulations in force at the time of receipt of the application.
2 The updated list of the plans and all the amendments and elaboration thereto that comprise the "development plan" is available from the Meewasin Valley Authority.
2.0
NATURAL RESOURCES
2.1
POLICY
Significant natural resources shall be conserved.
GUIDELINES
2.1.1
When there is reasonable belief that a proposed improvement may affect the natural resources in Meewasin Valley, the Authority may require the applicant to submit an Environmental Assessment Report prepared by a qualified environmental planner or environmental scientist.
An Environment Assessment Report shall describe:
- the purpose and rationale for the proposed improvement;
- the natural resource(s) affected by the proposed improvement;
- the beneficial and adverse effects of the proposed improvement on the natural resources, during and after construction; and
- the actions to be taken to prevent, change, mitigate or remedy the adverse effects of the proposed improvement on the natural resources.
An Environmental Assessment Report shall be commensurate in cost and scope with the size, scale and cost of the proposed improvement, and risk to the natural resources.
2.1.2
When an Environmental Assessment Report demonstrates that a proposed improvement will adversely affect the quality of the natural resources in Meewasin Valley, and when no appropriate or acceptable remedial actions are proposed or can be implemented, the Authority shall deny the improvement.
2.1.3
Existing stands of healthy trees or shrubs, and vegetation in ravines or other sites where surface drainage is concentrated, shall be retained wherever feasible.
2.1.4
Only improvements which would preserve the natural and heritage resources or enhance the leisure and educational use of the Meewasin Valley shall be allowed in the riverbank zone.
2.1.5
No improvements shall be allowed on river islands and sand bars other than improvements specifically permitted in the development plan.
3.0
SLOPE STABILITY AND DRAINAGE
3.1
POLICY
A proposed improvement shall not cause or contribute to instability of the slopes of the South Saskatchewan River Valley.
GUIDELINES
3.1.1
A Geotechnical Report prepared by an appropriately experienced professional engineer registered under The Engineering and Geoscience Professions Act, shall be submitted for improvements proposed on sites on the east side of the South Saskatchewan River in Saskatoon within Meewasin Valley.
When there is reasonable belief that a proposed improvement may affect slope stability on or adjacent to a site other than above, the Authority shall require the submission of a Geotechnical Report.
A Geotechnical Report shall:
- define the subsurface soil strata, their properties and existing conditions;
- assess the stability of the site on which the improvement is proposed;
- assess the impact of the proposed improvement on adjacent sites;
- provide recommendations on design and construction related to slope stability; and
- provide recommendations on required site instrumentation for monitoring slope stability during and after construction.
A Geotechnical Report shall be commensurate in cost and scope with the size, scale, cost and risk to the proposed improvement, and risk to adjacent properties.
3.1.2
The purpose of a Geotechnical Report shall be to demonstrate that:
- the proposed improvement will not be affected by instability of the valley slopes during and after construction; and
- the proposed improvement will not cause or contribute to increased instability of the valley slopes during and after construction.
When a Geotechnical Report fails to demonstrate either (a) or (b) above, or both, and when no appropriate or acceptable remedial actions are proposed or can be implemented, the Authority shall deny the improvement.
3.1.3
When the safety of buildings or structures may be improved by taking measurements of slope movements, the Authority may require the installation of an appropriate number of slope monitors before commencement of construction.
3.1.4
In the event of unexpected slope movement on or in the vicinity of the site on which the improvement is being constructed, the Authority may require work to be halted until such time as the Authority is assured that continued construction will not affect slope stability and the safety of buildings and structures in the vicinity of the site.
3.2
POLICY
A proposed improvement shall not result in unnecessary or adverse alteration of surface or subsurface drainage.
GUIDELINES
3.2.1
A grading plan showing existing and proposed drainage patterns shall be submitted.
3.2.2
The selection of gradients for surface drainage of the site shall not create adverse impacts such as ponding, erosion or flooding, on or adjacent to the site.
3.2.3
Where surface drainage is not possible by grading alone, a supplementary drainage system may be required.
3.2.4
Drainage across a driveway or parking area shall be integrated into the design of the driveway or parking area.
3.2.5
On steep slopes, vegetation, rip-rap, retaining walls or pegged and wired sod may be required to improve slope stability.
3.2.6
On steep slopes, surface water shall be diverted back from the slope unless the drainage area is small.
3.2.7
During construction, provision shall be made to provide temporary erosion control such as barriers or a drainage structure.
4.0
LANDSCAPE CONSTRUCTION AND MAINTENANCE
4.1
POLICY
Landscape construction shall be used where appropriate to soften the visual impact of buildings or structures, screen facilities such as parking lots or outdoor storage areas, buffer or separate different uses, beautify parks and open spaces, and integrate the landscape along the riverbanks into the adjacent neighbourhoods.
GUIDELINES
4.1.1
When there is reasonable belief that the construction of a proposed improvement may result in the removal or destruction of significant vegetation, or the improvement may be enhanced by landscaping, the Authority may require the submission of a landscape plan.
Where appropriate, the landscape plan shall identify the location, species, quantity and size of vegetation to be removed, retained and planted.
The landscape plan shall be commensurate in cost and scope with the size, scale, type, cost and location of the proposed improvement.
4.1.2
Trees and shrubs to be retained shall be marked and suitably protected during construction.
Environmental protection measures shall be taken and may include one or more of the following, as appropriate:
- installation of protective fencing to the full extent of branch spread;
- installation of protection around tree trunks to a minimum 1500mm height above grade;
- avoidance of excavation and other site work over the roots of the trees and shrubs; and
- no storage of materials, equipment or vehicles below branch spread or against tree trunks or branches.
4.1.3
To enhance the existing natural landscape, additional vegetation shall complement native and existing species, and be compatible with ecological conditions. In special circumstances such as an arboretum, plant nursery, or experimental research, other types of vegetation may be planted.
4.1.4
Areas which, during construction, have been cleared of vegetation, or where vegetation has been damaged or destroyed, shall be re-landscaped in accordance with the landscape plan required in Guideline 4.1.1.
4.1.5
Landscape construction on public land shall be properly maintained to ensure the growth and development of plant material chosen for the site.
5.0
RIVER CHANNEL
5.1
POLICY
A proposed improvement shall not cause or contribute to an adverse alteration of the shape of the river channel (channel morphology) or water flow dynamics (river dynamics).
GUIDELINES
5.1.1
When there is reasonable belief that a proposed improvement may alter channel morphology or river dynamics, the Authority shall require the submission of a Hydrotechnical Report prepared by an appropriately experienced professional engineer registered under The Engineering and Geoscience Professions Act.
The report shall describe:
- the purpose and rationale for the proposed improvement;
- the part of the river and river channel affected by the proposed improvement;
- the beneficial and adverse effects of the proposed improvement on the part of the river and river channel affected by the improvement, both during and after construction; and
- the actions to be taken to prevent, change, mitigate or remedy the adverse effects of the proposed improvement on the part of the river and river channel affected by the improvement.
The report shall be commensurate in cost and scope with the impact, risk, size, scale, and cost to the proposed improvement, channel morphology or river dynamics.
5.1.2
When a report demonstrates that a proposed improvement will adversely alter channel morphology or river dynamics, and when no appropriate or acceptable remedial actions are proposed or can be implemented, the Authority shall deny the improvement.
6.0
PUBLIC ACCESS
6.1
POLICY
Provision shall be made for a continuous and safe pedestrian circulation system for the public along the riverbank.
GUIDELINES
6.1.1
Only improvements which would protect the natural and heritage resources or enhance the leisure and educational use of the Meewasin Valley shall be allowed in the riverbank zone.
6.1.2
When the conservation of resources would benefit from limited public access, or when public safety may be endangered, public access along or to the riverbank shall be limited.
6.1.3
An improvement consisting of a storm sewer outfall shall incorporate design features such as guard rails and safety grates to ensure public safety around the outfall structure. Design of the storm sewer outfalls shall conform to guidelines contained in the "Storm Sewer Outfall Study" of the Meewasin Valley Authority.
6.1.4
An improvement which will adversely affect the provision of a continuous and safe pedestrian circulation system along the riverbank shall be designed to include pedestrian walkways, overpasses, underpasses, or other safety features as appropriate.
6.1.5
Curb cuts and ramps shall be provided where appropriate and feasible to ensure physical accessibility for everyone.
6.2
POLICY
Provision shall be made for safe and convenient public access to the riverbank zone.
GUIDELINES
6.2.1
On sites where the construction of an improvement may limit public access to the riverbank zone and where public access is desirable, the site development shall include adequate open space dedicated for the purpose of ensuring public access to the riverbank zone.
7.0
DESIGN
7.1
POLICY
Buildings or structures proposed within Meewasin Valley shall be designed to complement the river valley setting.
GUIDELINES
7.1.1
A building or structure proposed in the riverbank zone or in a public park, open space, or designated conservation area, shall not exceed 11 m. in height3. The design shall include suitable transitions, terraces, landscaping and the appropriate design features which soften the impact of the building or structure as it relates to its setting in the riverbank zone, public park, open space or designated conservation area.
7.1.2
Subject to Guideline 7.1.1, the height of a building or structure fronting on Saskatchewan Crescent between the Traffic (19th Street) Bridge/Victoria Avenue and Idylwyld Bridge/ Idylwyld Freeway, shall not exceed the elevation of the sidewalk on the north side of 11th Street. The sidewalk elevation shall be determined by projecting southward the east and west property lines of the Saskatchewan Crescent building site, measuring the sidewalk elevations at these two points, and averaging the elevations.
The design of the building or structure shall include suitable transitions, terraces, landscaping and other appropriate design features which relate the building or structure to the slope of the bank and the adjacent riverbank park.
3 "height" means the vertical distance measured from the grade level to the highest point on a structure, or on a building to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof. Minor structures like skylights or an elevator penthouse may be permitted to exceed the height limit but only to such height as is necessary to accomplish the purpose they are to serve. In no case shall they exceed ten (10) percent of the gross area of the roof.
7.1.3
Subject to Guidelines 7.1.1 and 7.1.2, on the east side of the South Saskatchewan River in Saskatoon, south of University Bridge/College Drive, and within 200m of the shoreline north of University Bridge/College Drive, a building or structure shall be designed to include suitable transitions, terraces, landscaping and other appropriate design features which soften the impact of the building or structure as it relates to the adjacent riverbank zone, public park, open space, designated conservation area, or surrounding area. The maximum height of a building or structure shall not exceed 23m.
7.1.4
On the east side of the South Saskatchewan River north of University Bridge/College Drive and greater than 200 m from the shoreline, a building or structure shall be designed to include suitable transitions, terraces, landscaping and other appropriate design features which soften the impact of the building or structure as it relates to an adjacent public park, open space, designated conservation area or surrounding area.
7.1.5
Subject to Guideline 7.1.1 on the west side of the South Saskatchewan River in Saskatoon, a building or structure proposed on a site adjacent to the riverbank zone, public park, open space or designated conservation area, shall be designed to include suitable transitions, terraces, landscaping and other appropriate design features which soften the impact of the building or structure as it relates to the adjacent riverbank zone, public park, open space or designated conservation area.
7.1.6
The height of a proposed utility structure such as a transmission line shall not be limited but shall be appropriate to the function served.
7.1.7
Additions to existing buildings or structures, or additions to buildings or structures approved by the Authority prior to October 5, 1984, shall be designed to fit with the existing or approved building or structure.
8.0
TRAFFIC AND PARKING
8.1
POLICY
A proposed improvement shall not adversely alter traffic circulation in the vicinity of the improvement or add substantially to the volume of local traffic to the detriment of the surrounding area and the safety of people.
GUIDELINES
8.1.1
When there is reasonable belief that a proposed improvement will alter traffic circulation or add to the volume of traffic in the vicinity of the improvement, the Authority may require the applicant to submit a Traffic Report prepared by a appropriately experienced professional engineer registered under The Engineering and Geoscience Professions Act or qualified transportation planner.
The Traffic Report shall describe:
- the purpose and rationale for the proposed improvement;
- existing pedestrian and vehicular traffic circulation and volume in the vicinity of the improvement;
- the beneficial and adverse effects of the proposed improvement, including provisions for access, on vehicular traffic and pedestrians in the vicinity of the improvement; and
- the actions to be taken to prevent, change, mitigate or remedy the adverse effects of the proposed improvement on vehicular traffic and pedestrians.
A Traffic Report shall be commensurate in cost and scope with the size, scale, cost, type and location of the proposed improvement.
8.1.2
When a Traffic Report demonstrates that a proposed improvement will adversely affect vehicular traffic circulation or volume, or the safety of people, and when no appropriate or acceptable remedial actions are proposed or can be implemented, the Authority shall deny the improvement.
8.2
POLICY
The on-site pedestrian and vehicular circulation systems of a public park or similar public facility, and the access to the facility, shall be efficient, safe and complement the natural and heritage resources.
GUIDELINES
8.2.1
Vehicular access to a public park or similar facility shall be located to serve as many site uses as possible.
8.2.2
Vehicle traffic routes shall approach activity centres in the most direct and safe way possible while also ensuring the preservation of significant natural and heritage resources.
8.2.3
Pedestrian and vehicular traffic routes shall be separated wherever practical.
8.2.4
The number and widths of vehicular right-of-ways shall be a balance between the need to preserve public open space and natural areas with the need to ensure public safety.
8.3
POLICY
A proposed improvement shall provide adequate parking for its users to ensure that excessive parking demands are not made on the surrounding area.
GUIDELINES
8.3.1
When there is reasonable belief that an improvement may not provide adequate parking for its users, the Authority may require the applicant to submit a Parking Study prepared by a qualified traffic engineer registered under The Engineering and Geoscience Professions Act, or qualified transportation planner.
The Parking Study shall:
- identify the total number of parking spaces proposed for the improvement;
- identify the total number of parking spaces expected to be required by users associated with the improvement;
- assess the adequacy of the parking proposed for the improvement in terms of the site and the impact on the surrounding area; and
- describe the actions to be taken to resolve any identified shortcomings in the number of parking spaces provided.
A Parking Report shall be commensurate in cost and scope with the size, scale, cost, type and location of the proposed improvement.
8.3.2
When a Parking Study demonstrates that the parking associated with a proposed improvement will not be adequate and no additional parking or other remedial action is proposed, the Authority shall require additional parking or deny the improvement.
9.0
SERVICE FACILITIES AND SERVICE MAINTENANCE
9.1
POLICY
Service facilities shall be constructed and maintained to complement, or not detract from, Meewasin Valley.
GUIDELINES
9.1.1
Other policies and guidelines contained in the Development Review Policy shall apply to service facilities.
9.1.2
Wherever possible and feasible, a service facility consisting of a utility shall not be located on the riverbank. When it is necessary to construct a utility on the riverbank, wherever possible and feasible it shall be constructed underground and any surface mounted components shall be appropriately concealed.
9.1.3
The construction area and associated temporary access road(s) for a service facility under construction shall be kept to a minimum. Appropriate environmental protection measures shall be taken to reduce the impact of construction on the site and surrounding area.
9.1.4
Upon completion of construction of a service facility, any temporary access road(s) or construction barriers shall be removed and the site of work restored.
9.1.5
If a service facility consisting of a building is proposed in a public park, open space or designated conservation area, the design and exterior finish of the building shall conform to the standard design theme of the park, open space or designated conservation area in which it is located, and be durable and easily and economically maintained.
9.2
POLICY
Service facilities shall be constructed and maintained to ensure public convenience, use and safety in Meewasin Valley.
GUIDELINES
9.2.1
Service facilities, other than utilities, shall be physically accessible to everyone, wherever feasible.
9.2.2
To aid in public safety and policing, adequate exterior lighting shall be provided at the entrance to a public service facility building, along the access route and walkway and in adjacent parking areas.
9.2.3
The design of a public service facility building shall be relatively vandal-proof. Doorways shall be visible and well-lit, and glass surfaces should be protected through appropriate means when the building is not in use.
9.2.4
A public service facility building shall be properly maintained to sustain the building's appearance, durability and mechanical systems, and ensure public access and safety.
10.0
HERITAGE RESOURCES
10.1
POLICY
Significant heritage resources in Meewasin Valley shall be identified and, wherever possible, preserved and interpreted.
GUIDELINES
10.1.1
When there is reasonable belief that a heritage resource may be found on a site on which an improvement is proposed, the Authority shall require the applicant to submit a Heritage Resources Report prepared by an appropriately qualified archaeologist, palaeontologist, environmental scientist or historian.
The Heritage Resources Report shall:
- describe the purpose and rationale for the proposed improvement;
- investigate and inventory existing heritage resources;
- assess the impact of the proposed improvement on the heritage resources; and
- identify the actions to be taken to prevent, change, mitigate or remedy the adverse effects of the proposed improvement.
The Heritage Resources Report should be commensurate in cost and scope with the size and scale of the proposed improvement, and risk to the heritage resources. Heritage resources research must comply with The Heritage Property Act, R.S.S., 1980, and all regulations relating thereto.
10.1.2
When it is evident that a proposed improvement will adversely affect the heritage resource on a site, the Authority shall require a recording or an excavation of the heritage resource, an investigation of alternatives to the possible destruction of the heritage resource, the salvage of the heritage resource in danger, or the protection of the heritage resource with suitable barriers and signs.
F. POLICIES (BUFFER ZONE)
POLICY NO. 1 (Buffer)
A proposed improvement shall be consistent with the Authority's bylaws and regulations in force at the time of receipt of the application.
POLICY NO. 2 (Buffer)
Upon receipt of a notification of a decision to commence construction pursuant to The MVA Act, S.18, the Meewasin Valley Authority shall review the proposed improvement and may express any concerns in respect to the proposed improvement to the applicant and when appropriate, to a government or agency with jurisdiction to review the proposed development. Lands zoned R1, R1A, and R2 have been delegated to the City of Saskatoon.
