Subdivisions, Rezonings and the Development Application Process
What is the Development Application process?
Development Applications may be processed and approved either by the Public Hearing process or administratively under Delegation of Authority, by the Director of Planning, Property and Development or their delegate depending on the type of development application.
Appointment-Only System for Zoning Development Officers
There are three options available to schedule an appointment with a Zoning Development Officer:
- Phone: 204-986-8113
- Email: email@example.com
- In-person: Unit 31-30 Fort Street
- CA - consent
- CONDO - condominium plan of survey
- DAPS - plan of survey
- DASSF - short form plan of subdivision
- DAASP - air space plan
*If an Agreement for Servicing or Subdivision is required as a condition of approval, the recommendation shall be referred to the Standing Policy Committee on Property and Development, Heritage, and Downtown Development for a decision.
- DASZ - Plan of subdivision with rezoning (may or may not open right-of-ways)
- DAS - Plan of subdivision opening a right-of-way with no rezoning
- DAZ - Rezoning
- ZAA - Zoning Agreement Amendment
- Amendment to a Development Agreement/Servicing Agreement/Subdivision Agreement
- DAC - right-of-way closing
- DAO - right-of-way opening
*Development or Servicing Agreement Amendments do not require Advertising or Site Posting.
In advance of making a formal development application, a prospective applicant may submit a “Pre-Application” which is a draft form of a potential development application whereby preliminary, written input can be obtained from appropriate City departments as well as the Ward Councillor about the opportunities and constraints of a specific development proposal.
A Pre-Application may be submitted by:
- The owner or owners of the site; or
- Any person on behalf of the owner or owners of the site with each owner's signed permission.
In accordance with the Development Procedures By-law No. 104/2020, an applicant may submit a Pre-Application for the following application types:
- A rezoning;
- A subdivision;
- A variance;
- A conditional use;
- A secondary plan;
- An amendment to an existing agreement imposed as a condition of approval of a previous development application;
- An amendment to the Development Plan or Complete Communities; or
- Any combination of the above.
It is important to note that in accordance with Section 9(4) of the By-law, the designated employee is authorized to require that a potential applicant submit a Pre-Application in respect of a proposed development where they have determined that the proposed development is particularly large or complex and Section 9(5) states that the Pre-Application must be submitted before a formal development application is submitted in respect of that proposed development.
The outcome of a Pre-Application review does not imply or suggest a commitment or decision by City administration to either approve or refuse a proposal. Undertaking the complete formal development application process is the only way an applicant/developer will be provided with a decision by City and/or Council.
Fees paid for the Draft/Pre-Application will be credited toward the future Development Application fees payable imposed under the Planning, Development and Building Fees By-law.
Subdivision is the process of dividing a lot, tract, or parcel of land into two or more lots, plots, sites, or other divisions of land for the purpose of creating new titles. This includes:
- Creating lots for new development.
- Creating infill lots for new or re-development.
- Consolidation of two or more parcels into a lesser number of lots.
- Realignment of property lines.
- Creating separate land titles for each unit of a duplex or row housing.
- Creating separate land titles for each dwelling unit on a single property.
The subdivision of land is usually intended for the sale or development of land, whether immediate or in the future and may have other components required to establish the framework for the development such as rezoning of lands to change the land use designation to an appropriate zoning, urban planning, utilities, infrastructure, engineering and servicing considerations.
Description of Plan of Subdivision
- A legal document prepared by a Manitoba land surveyor and registered with the Winnipeg Land Titles Office
- Often referred to as mylars
- The precise boundaries and dimensions of a lot or lots
- The location and names of any new public streets and/or lanes and existing boundary streets
- The basic configuration of existing lots within the immediate surrounding area
- Does not identify the location of existing buildings
A Plan of Subdivision processed under the short-form process establishes new lots by Status of Title, each of which can be sold or leased for purposes of development and/or use in conformity with City by-laws. A Plan of Subdivision must be:
- Prepared by a Manitoba land surveyor
- Registered with the Winnipeg Land Titles Office
Most rezoning applications are to permit a use that is not normally allowed within a district or to accommodate a development that would be substantially different from the provisions of the current district. Rezonings are also the application mechanism used to initiate a zoning text amendment.
The Zoning & Permits Branch provides initial intake services and triage for all development application types. If you intend on submitting an application or have questions, please contact the Zoning & Permits Branch. To arrange for an appointment with a Zoning Development Officer, please call 204-986-8113 or visit Unit 31 - 30 Fort Street in Winnipeg, Manitoba.
For current development applications under process by the Land Development Branch or to find out more about our services, please contact: 311 or visit the Main Floor, 65 Garry Street (Fort Garry Place) in Winnipeg, Manitoba, Fax: 204-942-3820
Although the City of Winnipeg has the responsibility for streets and lanes, all public rights-of-way in Manitoba are owned by the Province. Before the City may sell a public street or lane, it must first legally remove its designation as a public right-of-way. This procedure is referred to as a "closing" of right-of-way application and upon completion, the City is entitled to be the owner of the land, having the authority to sell it.
Upon receipt of an application and necessary fees, the proposal will be submitted for the consideration of all affected City departments and public utilities. The circulation of the proposal will identify any objections to the closing and any conditions to be attached to the sale of the land (i.e. requirements for the maintenance or relocation of existing services in the Public Street).
A report will be prepared and submitted to the appropriate Community Committee outlining the position of the City administration on this application. Notices will be posted in the neighborhood announcing the date and location of the Community Committee public hearing at which the proposal will be considered. The comments and concerns, if any, of the City administration and of the neighbourhood residents will be addressed at this time.
As the applicant, your attendance at this hearing is required to respond to any questions the Committee might have about your intended use of the land. You will be provided with details on the hearing information via mail.
The Community Committee’s recommendation will be forwarded to the Standing Policy Committee on Property and Development, Heritage, and Downtown Development The Standing Committee will consider the recommendation of the Community Committee and make its recommendation to Council. If Council approves the closing, the Real Estate Branch of Planning, Property and Development will initiate negotiations regarding the terms and conditions of the sale of the land with the applicant/developer.
Upon completion of negotiations, the terms and conditions agreed to are submitted to either the Standing Policy Committee on Property and Development, Heritage, and Downtown Development or to the Committee’s Delegated Authority for approval. Following this approval, a By-law to legally close the Public Street will be prepared for passage by City Council.
Upon registration of the By-law with the Winnipeg Land Titles Office, the Public Street becomes legally closed and title to the property will be transferred to the applicant/developer.
The applicant/developer will assume, as one of the terms of the sale of the land, the responsibility for the preparation and registration with the Winnipeg Land Titles Office of the legal documents required to effect the closing of the street and its transfer. These documents will include a plan prepared by a Manitoba Land Surveyor delineating the boundaries of the closed street and may include a second plan delineating the boundaries of any portions of the land affected by easements, should any be required.
If you intend on submitting an application or have questions, please contact the Geomatics Branch at 311. Submit your application to the Geomatics Branch, 2nd Floor, 65 Garry Street (Fort Garry Place) in Winnipeg, Manitoba.
If you are interested in proceeding with this closing, please submit the following:
- DAC Application Fee made payable to The City of Winnipeg,
- Letter of Intent stating why you wish to purchase the land,
- A copy of the Certificate of Title for the street proposed to be closed,
- Certificates of Titles for all properties adjoining the proposed street closing, and
- Title Plot of all holdings mentioned in 3. and 4. above