SAINT JOHN ZONING BYLAW REVIEW INDUSTRIAL SECTIONS FEBRUARY 14, 2014

Transcription

1 SAINT JOHN ZONING BYLAW REVIEW INDUSTRIAL SECTIONS FEBRUARY 14, 2014 IPS CONSULTING INC. Edmonton, Alberta

2 TABLE OF CONTENTS PAGE # 1.0 INTRODUCTION Background Terms of Reference Scope SAINT JOHN MUNICIPAL PLAN (PlanSj) Industrial Lands Within PDA Industrial Lands Outside the PDA Land Use Common Throughout the City Glossary, Maps, Schedules and Attachments SAINT JOHN DRAFT ZONING BY-LAW 2013 (ZONESj) Zones, Interpretation and Administration Definitions General Provisions: Other Standards General Provisions: Uses Permitted in Multiple Zones Permitted Uses: Industrial Zones Light Industrial Zone (IL) General Industrial Zone Heavy Industrial Zone Transportation Zone Permitted Uses: Other Zones Schedule A: Zoning Map 12 LIST OF FIGURES: Figure 1 Suggested Amendments to PlanSj, Schedule B (Future Land Use Map) 13 Figure 2 Suggested Amendments to PlanSj; Map B 14 Figure 3 Suggested Amendments to ZoneSj; Schedule A: Zoning Map 15 IPS Consulting Inc. i

3 1.0 Introduction 1.1 Background The City of Saint John adopted a new Municipal Plan known as PlanSj in The plan covers a twenty-five year planning period until The planning framework in New Brunswick is set out in the Community Planning Act. At the municipal level, the Municipal Plan is the supreme document as outlined in Section 27.1 of the Act which states: "where there is a conflict between a municipal plan and a zoning or subdivision by-law, the municipal plan prevails." A new Zoning By-law has been drafted by the City in 2013 and has undergone a public review at a series of open houses in each of the four city wards during late Octoberearly November with final comments received by November 29, It is expected that a final draft of the Saint John zoning By-law, known as Zone Sj, will be forwarded to Common Council for approval by the summer Terms of Reference The IPS Consulting Inc. was retained by the Growth and Community Services Department of the City of Saint John to undertake a review and comment upon the Industrial Zones proposed in the draft Zone Sj document. Since PlanSj is the superior planning document to that of the Zoning By-law, a review of the industrial sections of the Municipal Plan was also undertaken. The review of both documents was completed and a draft report submitted November 31, The final draft report was submitted December 20, 2013 following a visit to the City and meetings with Common Council, senior staff, and planning staff. As a result of meetings with industry, governments, and city staff, a final report was submitted in February, Scope The scope of the review of both PlanSj and Zone Sj will be limited specifically to the industrial sections plus other sections that have a direct bearing on the implementation of industrial policy and industrial development (e.g. Definitions, Maps, etc.) IPS Consulting Inc. 1

4 2.0 Saint John Municipal Plan (PlanSj) PlanSj covers a very large "rurban" area of 316 km 2 (122 mi 2 ). Using a 2011 census population of 70,063 people, this represents less than one person per acre. This is a quite low density as compared to more urban municipalities. For example, Calgary has a density within city boundaries of over five people per acre - five times the density of Saint John. One of the challenges identified in PlanSj was to focus future population growth within a Primary Development Area (PDA) and to severely limit any future residential / commercial development between the PDA and the city boundary. This changes the direction of the previous plan which had shown future urban residential development well outside the PDA. This policy of directing 95% of future population growth to the PDA will accomplish two major objectives: (1) Better use of existing municipal infrastructure (water, sewer, roads) and existing public / private services; and (2) Prevent the residential encroachment upon existing heavy industrial development and lands set aside for future large scale heavy industry. Historically, the city has already built infrastructure to accommodate 89,000 people and the population in 2031 is forecasted to be only 77,500. The present city population of 70,000 (2011 federal census) is contrasted with a Census Metropolitan Area (CMA) population in 2011 of 128,000 (or only 55% share). 2.1 Industrial Lands Within the PDA The PDA in PlanSj is 77 km 2 in size and is only 24% of the total city area of 316 km 2. Policy LU-8 should not apply to future large scale, heavy industrial development outside the PDA which might require municipal water and wastewater services. It should only apply to typical residential, commercial and some industrial services associated inside the PDA. Due to salt water (expensive to treat) and limited sources of fresh water, it may become necessary to extend piped water to service major heavy industry, provided the industry is willing to pay for the service. The PDA in this case should not be extended since this might encourage further residential encroachment upon heavy industry outside the existing PDA. Similarly, Policy LU-9 should not require the PDA to be expanded to accommodate a large scale industrial development. New large scale heavy industrial development would likely not be permitted to develop in the PDA under Policy LU-76. Only add-ons to existing heavy industrial and smaller scale new heavy industrial would be permitted under this policy. If this is not the case, perhaps some clarity could be brought to this policy that it does not include new development such as refineries, petro-chemical plants, pulp and paper mills, etc. IPS Consulting Inc. 2

5 The definition of Heavy Industrial in Policy LU-76 is weak and requires strengthening. Suggested wording to define heavy industry is given below: ""Heavy Industry" means those developments which may have a significant detrimental effect on the safety, use, amenity, or enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or dangerous goods." Policies LU-77 and LU-78 address risk assessment and the requirement for buffer zones which separate new heavy industrial from incompatible land uses. This policy should be expanded to include a reciprocal policy that does not increase density of existing incompatible land uses adjacent to existing heavy industrial development and that new incompatible land uses are not permitted to encroach upon either existing or future heavy industrial areas within the PDA. A distance of 1.5 km from existing process units at large heavy industrial facilities is suggested. Since the proposed ZoneSj bylaw does not have a system of Development Permits only Building Permits it is suggested that any risk assessments or separation distances with respect to the redevelopment / expansion of existing, major scale heavy industrial or new, green field major scale heavy industrial be outlined in a series of guidelines approved by Common Council. These guidelines would also identify where Emergency Response Plans are required to be submitted and approved by the fire department. These guidelines require a screening process to avoid unnecessary burdens placed upon the industrial developer where additional information / assessments are not required. A simple addition of the words... or present possible safety risks.. following the word pollution in plan Policy LU 77 should suffice. Consider adding a new medium industrial definition to PlanSj. A suggested definition is given below: ""Medium Industry" means those developments in which all or portion of the activities and uses are carried on outdoors, without any significant nuisance factor such as noise, appearance, or odour, extending beyond the boundaries of the site. Any development where the risk of interfering with the safety and amenity of adjacent or nearby sites, because of the nature of the site, materials or processes, cannot be successfully mitigated, shall be considered to be a heavy industrial use." Schedule B - Future Land Use The Light Industrial Designation is intended to include industries which do not exert any adverse impacts beyond the boundaries of their property. These can include industrial activities which are carried on within and outside of an building. These light industries are usually located within an industrial subdivision. IPS Consulting Inc. 3

6 The Heavy Industrial Designation on Schedule B is intended to include industries which exert adverse impacts beyond the boundaries of their property. This can include industrial activities which are carried on within and outside of a building but should exclude light industrial uses. Smaller heavy industrial uses can be included toward the centre of an industrial subdivision but larger heavy industrial facilities are usually located as stand-alone facilities on their own lot and are not part of an industrial subdivision. 2.2 Industrial Lands Outside the PDA PlanSj is a vast improvement over the previous Municipal Plan in that no new urban residential areas are proposed outside the PDA and that any future fully serviced residential development is limited to infilling existing rural settlement areas. The Rural Residential Areas identified in the plan should not be encouraged to be further developed if they are within three kilometers of heavy industrial lands at Canaport or the Coleson Cove Electrical Generating Station. The Canaport, Coleson Cove Electrical Generating Station, Crane Mountain Landfill, and the western portion of the Spruce Lake Industrial Park should be designated as Heavy Industrial on Schedule B - Future Land Use. This would have the effect of eliminating the Rural Industrial designation from Schedule B. There may be occasions where heavy industrial industries would require a connection to the City's piped water and sewer system and would be willing to pay the costs associated with such a connection. 2.3 Land Use Common Throughout the City Heavy Industrial Land Use should be added to this category and the amended heavy industrial policies within the PDA brought forward. The Federal Transportation header should be in the color blue similar to "Park and Natural Areas". The Uptown Primary Centre designation should be overlaid upon the underlying Federal Transportation lands. In this manner, the Federally owned port lands are identified where the municipality legally has no land use jurisdiction. However, the Uptown Primary Centre overlay does two things: (1) sends a signal to the Port Authority what the City wishes to be developed on port lands in the Uptown Centre; and IPS Consulting Inc. 4

7 (2) provides land use designations immediately upon port lands should they be sold by the Federal Government in the future. Policy LU-118 should likely be corrected - The Airport Authority leases the land for the airport from the federal government. They do not, to our knowledge, "own" the land unless it has recently been sold to the Authority. Reference should probably be made to height restriction, electronic interferences, and no landfills within a certain distance from the airport. This can be incorporated into Policy LU-118. Also, to prepare for the day when commercial jet passenger aircraft use the Saint John airport, noise exposure forecast contours should be shown on Schedule B. Expansion of the Rural Settlement Area at the airport may be problematic once the noise exposure forecast contours for the airport are known. 2.4 Glossary, Maps, Schedules and Attachments The notion of a Structure Plan in the glossary as a statutory planning document, although desirable, is not provided for in the Community Planning Act. The introduction of new residents within 1.5 km of the processing units in the existing Irving Refinery is probably not a good idea. A residence located 1.5 km from an existing heavy industrial development such as an oil refinery will usually be a sufficient distance away to render residents a safe environment from any explosions or fires. A distance of 3 km from any new large scale heavy industrial development will usually be a sufficient distance away to reduce any danger from toxic gases and to present a residential environment relatively free from nuisance effects such as noise, glare, visual impact, etc. The Future Land Use Map (Schedule B) could use some amendments, such as: (1) Heavy Industrial designation is too large - McAllister Industrial Park should be given a new industrial designation - say Light Industrial. Heavy Industrial should not be directly adjacent to the existing residential community of Harbourview. (2) Remove all future Low Density Residential Areas and Urban Reserve Areas within 1.5 km of the existing refinery process units and replace with Park and Natural Areas. (3) Expand the Canaport area to reflect existing zoning for Heavy Industrial. (4) Remove all Rural Industrial Designations and replace with Heavy Industrial. IPS Consulting Inc. 5

8 (5) Show airport runways (existing and future) and any off-airport restrictions (e.g. height restrictions). Map B - Areas for Detailed Planning should be expanded to include the Bayside Heavy Industrial Area and Coleson Cove Heavy Industrial Area for the preparation of a "Structure Plan". Following the completion of any Structure Plans, amendments need to be made to PlanSj since it is recognized under the Community Planning Act as the Statutory Plan. The suggested amendments to Plan Sj, Schedule B (Future Land Use Map) are shown in Figure 1; the suggested amendments to PlanSj, Map B are shown in Figure 2. IPS Consulting Inc. 6

9 3.0 Saint John Draft Zoning By-Law 2013 (Zone Sj) The proposed Saint John Zoning By-law has been prepared by City Planning Staff to carry out the general intent of PlanSj. Rather than trying to anticipate every conceivable use for each zone, a more general description of land uses permitted in each zone has been made with discretion conveyed to the Planning Advisory Committee to determine similar or compatible uses in each zone. 3.1 Zones, Interpretation and Administration The Community Planning Act sets out the requirements for a Zoning By-law in Sections In any zone the By-law may: (1) Prescribe the purpose for which land, buildings, and structures may be used [Section 34(3)]; (2) Prohibit the use of land, buildings, and structure for any other purpose [Section 34(3)]; (3) Prohibit any change in the purpose for which land or a building or structure is used [Section 34(3)(b)]; (4) Designate specific uses permitted as being subject to special conditions or standards [Section 34(3)(f)]; (5) To authorize a prohibited use for a temporary period not exceeding one year [Section 34(3)(hi)]; (6) Establish classes of purposes with respect to main, secondary and accessory uses [Section (34)(4)]: (7) Impose Terms and Conditions to protect (a) properties within the zone or abutting zones or, (b) the health, safety and welfare of the general public [Section 34(5)]; and (8) May permit a proposed use of land or a building not permitted if the proposed use is sufficiently similar to or compatible with a use permitted in the Zone [Section 35(1)(a)]. IPS Consulting Inc. 7

10 Where an Application to Re-zone Land is received, Council may by Resolution: (1) Enter into an Agreement respecting matters that may be contained in a Resolution of Council [Section 39(1)(b)]; and (2) Before entering into an Agreement, the Council may require a performance bond, negotiable instrument or other security assuring implementation of the agreement [Section 39(8)]. The powers conferred by the Community Planning Act upon the Planning Advisory Committee and the Development Officer are set out in Sections 2.8 to 2.10 inclusive. Historically, the City has not had in place a system of Development Permits but has relied exclusively upon building permits, subdivision plans, and rezoning to regulate development. This is in spite of Section 34(3)(c) which states that a zoning by-law may: "prescribe a system of permits, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked, and renewed, their form and the fees therefore;" Section 81(1) makes reference to a building permit or development and building permit - leaving one to suppose the Act contemplated development permits as a concept to be used in regulating development in municipalities. However, the authority conveyed by the Act that allows a municipality to enter into a development agreement with a landowner that will, in whole or in part, recover costs borne by the municipality to service the proposed development appears to be limited to a rezoning application (Section 39 Agreement) or a subdivision [Section 42(3)(i)]. If this is a correct interpretation of the Community Planning Act, then the following uses contemplated by PlanSj should NOT be shown on the zoning map (thus triggering a rezoning application): (1) All new or proposed stand-alone, large or intermediate scale heavy industrial developments (including marine, rail and storage terminals); and (2) All intensification of land uses. This paper will only address (1) above and only those aspects of number (2) above that affect Heavy Industrial Land Uses. The notion of Applications for Change of Use, Building Permits, and Rezoning should be spelled out in this section and Forms for doing so included in as Schedule to the Bylaw. Too much discretion is placed upon both the Building Inspector and the Development Officer. IPS Consulting Inc. 8

11 Also, if possible, a notification process would help in cases of uses which require further input from potentially affected landowners and the general public (e.g., variances, similar or compatible uses, temporary uses, etc.) plus any appeal process and public hearing. These additions to this Section of Zone Sj will assist both the developer and the regulator by outlining in the By-law what is expected from both parties during the development process, as well as provide an avenue for adjacent landowners and the general public to provide input into the City's development decisions. 3.2 Definitions After a review of the definitions, the following is suggested: (1) Add a definition for "Agreement", spelling out historically what items have been included in Saint John. (2) Add a sentence to both "Building" and "Structure" definitions that states that both are included in the definition of "Development" under the Act. (3) Consider defining "Change of Use". (4) Strike out "Industrial Use, General" and add: 'Industrial Use, Medium, means a broad range of compatible industrial uses, some of which have outdoor storage or activities. Any nuisance or risk factors should not extend beyond the boundaries of the site. (5) Consider adding "petroleum products export terminal" to Volatile Industrial use and adding "glare, visual impact, and heavy truck traffic" to the Offensive Industrial Use, both uses described under the "Industrial Use, Heavy" definition. (6) Strike out the repeated definition of "Intensification Area". 3.3 General Provisions: Other Standards Consider adding a 30m setback from all other water courses (as per provincial guidelines) in Section 8.2 of Zone Sj. Why would an enlargement of a Non-Conforming Residential Use be allowed in an industrial zone? In 8.8, instead suggest the portion of the lot(s) subdivided that currently contain no buildings or structures must conform to the Zone within which it is located in the future. IPS Consulting Inc. 9

12 The height exceptions in 8.10 do not apply to Industrial Zones. 3.4 General Provisions: Uses Permitted in Multiple Zones Section 9.19 lists uses that shall be permitted in any zone. Suggest that the following uses not be permitted in Heavy Industrial Zones: (a) (d) (f) (g) (i) (m) Community Garden; Land for Public Purpose; Municipal Recreation Area; Park or Playground; Public Display; and Walking Trail. 3.5 Permitted Uses: Industrial Zone It is suggested that all Light Industrial Uses be removed from Heavy Industrial Zones due to the concentration of employment and the ability to attract large number of customers and traffic into a Heavy Industrial Area Light Industrial Zone (IL) Provided that a Medium Industrial Zone (currently listed as your General Industrial) is added to PlanSj, then the pre-amble in should be changed to Reflect that the IL Zone is intended for land within the PDA that is designated Light Industrial Area or Medium Industrial Area. Suggest adding / changing the following Zone Standards: (a) Lot Area Minimum 1050m 2 (b) Lot Frontage Minimum 30 meters (c) Lot Depth Minimum 35 meters (i) Building / Structure Height Maximum 15 meters General Industrial Zone Suggest the Zone be renamed to a Medium Industrial Zone. Two uses in this Zone could be considered as Heavy Industrial Uses: Asphalt and Concrete Plants. Both emit noise and dust beyond their boundaries and odour is associated with an asphalt plant. Move these two uses to the Heavy Industrial Zone. IPS Consulting Inc. 10

13 Consider removing Transportation Terminals from this Zone. Suggest adding / changing the following zone standards: (a) Lot Area Minimum 4040 m 2 (i) Building / Structure Height Maximum 18 meters Heavy Industrial Zone Under expand the pre-amble to say: "In the case of an industrial subdivision, this Zone should normally be located... any surrounding zones". Add the following change to Permitted Uses (12.3.2): (5) "Uses permitted in Section (1 through 11), subject to the requirements in subsection and ". Under the zone standard (12.3.4) add the following: (a) Lot Area Minimum 10,000 m 2 (i) Building / Structure Height Maximum 150 meters or no restriction Transportation Zone Add the following to Zone Standards (12.5.4): (i) Building / Structure Height Maximum No restrictions 3.6 Permitted Uses: Other Zones Consider creating a Future Development Zone for undeveloped land that is outside the PDA. Permitted Uses would only be uses legally in existence at the time of the passing of this By-law. This designation could be placed upon lands where a Structure plan is contemplated or already exists. IPS Consulting Inc. 11

14 3.7 Schedule A: Zoning Map Consider making the following changes to the Zoning Map: (1) Revise all Land Use Zones within 1.5 km of the existing petroleum refinery as follows: (a) Remove all new proposed residential uses (e.g., Future Development and replace with P - Park). (b) Leave existing residential neighbourhoods as presently zoned [R1 - (One-Unit Residential) or R2 (Two-Unit Residential)]. (2) Change IG - General Industrial to IM - Medium Industrial and T - Transportation Industrial on port lands southwest of the existing petroleum refinery. (3) Remove Heavy Industrial from the marine portion of Canaport. Consider showing Transportation - Industrial along the shoreline. Check status of Park Space zoning along south-east shore that is shown as Heavy Industrial on proposed Zoning Map. (4) Show runways as airport property. (5) Add a bar scale to the map. (6) Consider adding zone abbreviations to zones on the map for clarity - particularly where colors are difficult to distinguish (e.g., R1 and R2). The suggested amendments to Zone Sj; Schedule A: Zoning Map are shown on Figure 3. IPS Consulting Inc. 12

15 Figure 1 Suggested Amendments to Plan SJ, Schedule B (Future Land Use Map)! A Redesignate McAllister / Grandview industrial area from Heavy Industrial to Light Industrial Redesignate area from Urban Reserve to Park and Natural Area Redesignate area from Stable Residential to Park and Natural Area Redesignate area from Urban Reserve to Park and Natural Area Redesignate portion of Canaport site from Rural Industrial to Heavy Industrial! 8! 2! 3! 4! 1 5B 6 7A Redesignate portion of Canaport site from Rural Resource to Heavy Industrial Redesignate Coleson Cove site from Rural Industrial and Rural Resource to Heavy Industrial Redesignate portion southern end of Spruce Lake Industrial Park from Rural Industrial to Heavy Industrial 11 7B Redesignate portion of Spruce Lake Industrial Park from Rural Industrial to Heavy Industrial (Paddy's Hill Drive) Redesignate the Crane Mountain site from Rural Industrial to Heavy Industrial Show the location of the airport runways!7b 12!5B!5A Redesignate former Simms Brush site from Light Industrial to Heavy Industrial Redesignate Irving Oil Lubricant plant and rail marshalling yard from Light Industrial to Heavy Industrial Redesignate area from Mixed Use Centre and Medium to High Density Residential to Heavy Industrial and Stable Residential!7A ²! 6 0 1,2502,500 5,000 Meters Prepared By: Patrick Foran Date: February 14, 2014

16 Figure 2 Suggested Amendments to Plan SJ Insertion of MapB.1 (Industrial Areas For Detailed Planning) 1 Coleson Cove Structure Plan Area 2 Bayside Structure Plan Area 2 1 ² 0 1,2502,500 5,000 Meters Prepared By: Patrick Foran Date: February 14, 2014

17 Figure 3 Suggested Amendments to Zone SJ, Schedule A (Zoning Map) 1 Change proposed zoning from General Industrial (IG) to Medium Industrial (IM)! 6 2 Change proposed zoning from General Industrial (IG) to Heavy Industrial (IH)! 1! 1! 3! Change proposed zoning from Future Development (FD) to Park (P) Change proposed zoning from One-Unit Residential (R1) to Park (P)! 4! 3 5 Change proposed zoning from Heavy Industrial (IH) to no zoning! 2! 1! 1! 1! 1! 1! 1 6 Show the location of the airport runways 7 Change proposed zoning from Light Industrial (IL) to Heavy Industrial (IH) 7!1! 1! 1! 5! 1! 1 ² 0 1,2502,500 5,000 Meters Prepared By: Patrick Foran Date: February 14, 2014