The rezoning application and proposed transportation facility warrants consideration.

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1 Date: November 11, 2014 To: Re: Chair and Members Planning & Development Committee PDE File Number: REZ Conception Bay South Bypass Road, Ward 5 Application to Rezone Land to Industrial General (IG) Zone Proposed Transportation and Logistic Park Applicant: Oceanex Inc. Oceanex Inc. has applied to have a large block of raw land situated at 275 Conception Bay South Bypass Road rezoned to the Industrial General (IG) Zone. The rezoning is to accommodate development of a Transportation and Logistic Park. The applicant has supplied a preliminary site plan and a preliminary Land Use Assessment Report (LUAR) prepared by Newlab Engineering Ltd. along with a plan showing a road interchange to be constructed in order to provide the subject property with site access. An amendment to the Municipal Plan is not required. The park comprises three parcels/lots to be occupied by Oceanex Inc., Armour Inc., and a possible similar service third party. The principal parcel, to be created Oceanex, would be developed to include a warehouse, an office building, a fenced laydown yard, areas for the storage of containers/trailer/chassis units, and a one-bay equipment maintenance garage. The Armour Inc. parcel would be developed to include a warehouse with cross dock facility, a vehicle storage yard for 295 vehicles including trucks of various sizes. The rezoning application and proposed transportation facility warrants consideration. BACKGROUND The property is within the Rural Land Use District and the Rural (R) Land Use Zone. It has an area of approximately 33.6 hectares (83 acres) and 697 metres (2287 feet) frontage along the Conception Bay South Bypass Road right-of-way. The subject property is bounded by Three Arm Pond to the west; private, undeveloped property to the east; and a Newfoundland Hydro power line buffer zone and wetlands to the south. On the opposite side of the CBS Bypass Road is residentially-designated land within the boundaries of the Town of Paradise (in the area of Three Island Pond). The applicant proposes, with the approval of the City of St. John s, the Town of Paradise and the Provincial Government, to provide access to the subject property by constructing a new interchange at the CBS Bypass Road. The diamond layout interchange would provide access to residential lands adjoining Three Island Pond in Paradise and a future connection to the Trans-Canada Highway (TCH Route 1) north of Paddy s Pond. The subject property would have about 514 metres (1686 feet) frontage along the access road.

2 Page 2 DISCUSSION Planning Considerations St. John s Municipal Plan St. John s Development Regulations Current Rural District Rural (R) Zone Proposed Rural District Industrial General (IG) Zone 1. The subject property is designated Rural in accordance with the St. John s Urban Region Regional Plan. Within areas so designated, certain industrial uses may be established provided that: a rural location is necessary; no municipal services are needed; the amenity of surrounding rural areas is adequately protected; adequate open space is provided for a buffer of trees, shrubs or fencing; and the site is approved by the Department of Health for any required well or septic system. 2. The subject property is designated Rural in accordance with the St. John s Municipal Plan. The Rural designation applies to lands which are not intended for urban development within the ten-year planning period. Subject to a satisfactory Land Use Assessment Report (LUAR), the Industrial General (IG) Zone could be allowed as a Conditional Zone. 3. The Municipal Plan requires that development in unserviced areas shall be managed to minimize the impacts on the natural environment and to preserve the quality of the rural landscape. Where needed, standards shall be set out for screening and visibility from public roads. Given the location and topography of the site, it appears that with a combination of earth berms, tree planting and some screen fencing, the proposed buildings and outside parking/storage areas could be largely screened from public view from the CBS Bypass Road. A landscaping and screening plan would be required as part of an LUAR. 4. The CBS Bypass Road (TCH Route 2) is a major arterial that requires a Major Highway Buffer at least 10 metres in depth (Development Regulations, Section 8.5). The applicant has committed to constructing a berm along the entire frontage of the subject property. 5. Section 5.1.3(3) of the Development Regulations directs that No permit shall be issued for Development within the City when, in the opinion of Council, it is premature by reason of the site lacking adequate road access, power, drainage, sanitary facilities, or domestic water supply, or being beyond the natural development of the area at the time of application unless the applicant contracts to pay the full cost of construction of the services deemed necessary by Council and such cost shall attach to and upon the property in respect of which it is imposed. In this case, the onus would be upon the applicant/developer to take responsibility for developing adequate road access to the proposed development site. Technical/Engineering Considerations 1. Currently, there is no access to the site via the CBS Bypass Road, a regional arterial highway and a protected road under the Provincial Protected Road Zoning Regulations. The applicant proposes to provide access to the subject property by constructing a diamond design

3 Page 3 interchange at the CBS Bypass Road using roundabouts at the ramp terminal intersection. Oceanex estimates the cost of developing the access at between $6.7 million and $10.1 million. Oceanex proposes that it bear $1.67 million of the total cost; and that the City of St. John's contribute to the cost of this infrastructure. 2. The Provincial Department of Transportation and Works advises that it has no objections to the proposed rezoning. It also has reviewed the applicant s preliminary LUAR document and identified some errors which should be corrected. As well, that NL Hydro has approached the Crown Lands Division about acquiring land near the subject property to accommodate development of a twin line electrical substation to supply the Glencrest/Galway project lands. The latter will require the Crown land reserve for the connecting road between the CBS Bypass Road (Route 2) and Paddy s Pond (Route 1) to be revised to accommodate the interchange design proposed by Hatch Mott MacDonald and support power distribution in the area. 3. The subject property is not able to be provided with municipal water and sewer services. The applicant advises that the site will be serviced with septic fields and artesian wells. Servicing must be performed in accordance with the requirements of the St. John s Rural Sanitation By-Law and the Newfoundland and Labrador Government Services Private Sewage Disposal and Water Supply Standards. A water supply will need to be established for fire-fighting purposes and must meet the approval of the St. John s Regional Fire Department. 4. The development will have to comply with the City s stormwater detention policy. The applicant s preliminary LUAR document advises that the City s Net Zero Runoff Policy will be adhered to in order to manage stormwater runoff. 5. Three Arm Pond Brook is located adjacent to the boundary of the subject property. The proponent is responsible for determining the 1:100 year floodplain boundary and the minimum 15 metres development buffer from its edge. No development is permitted within the floodplain or development buffer. Measures may be required during site development to protect the floodplain and development buffer. Review and approval of a site development plan, including placement of buildings, controlled site access, parking lot layout and landscaping/buffering, would ordinarily be addressed at the time an application for development approval is submitted to the City. Other Considerations Because of its adjacency, the Town of Paradise has been consulted. The Town advises that it has no objection to the proposed rezoning or development proposal; and provides the following recommendations: Extend our public notifications regarding the Oceanex application to include the residents of Stokes Road and the southern portion of Three Island Pond Road. Provision to the Town of Paradise of copies of any environmental impact assessment undertaken in relation to the development project. Provide the Town of Paradise with a copy of the final Land Use Assessment Report, any reports or recommendations on the mitigation of noise or light pollution and the final detailed

4 Page 4 plans of the project, including the stormwater management plan. CONCLUSION & RECOMMENDATION Industrial activity is vital to the Northeast Avalon region. An objective of the Municipal Plan is to encourage industrial development in appropriate locations. In this case, the proposed rezoning to IG for a Transportation and Logistic Park is consistent with municipal and regional planning objectives. The rationale behind this rezoning application is valid. If the Planning & Development Committee concurs, it is recommended that after Council s confirmation and approval of the attached draft Terms of Reference and subsequent receipt of a satisfactory Land Use Assessment Report, the application be advertised in accordance with the requirements of Section 5.5 of the Development Regulations and a public meeting chaired by a member of Council be held. This is provided for the consideration of the Planning and Development Committee. Ken O Brien, MCIP Chief Municipal Planner PDB/dlm Enclosure G:\Planning and Development\Planning\2014\Planning and Development Committee\Planning & Development CBS Bypass Rd Nov (pdb).docx

5 Date: May 13, 2015 To: Re: Chair and Members of the Planning and Development Standing Committee PDE File Number: REZ Conception Bay South Bypass Road, Ward 5 Application to rezone land to Industrial General (IG) Zone for a proposed Transportation and Logistic Park Applicant: Oceanex Inc. Oceanex Inc. has applied to have land situated at 275 Conception Bay South Bypass Road rezoned to the Industrial General (IG) Zone. The rezoning is to accommodate development of what Oceanex describes as a Transportation and Logistic Park. The applicant supplied a preliminary site plan showing a road interchange that would have to be constructed in order to provide the subject property with access. To accommodate the requested rezoning, a Land Use Assessment Report (LUAR) is required but not a Municipal Plan amendment. On the basis of information submitted by the applicant and in consideration of the characteristics of the subject property, it has been determined that the rezoning application and proposed transportation facility has merit and warrants consideration for approval. At the Regular Meeting of Council held on December 1, 2014, Council agreed to accept the recommendation coming out of the November 18, 2014 meeting of the City s Planning and Development Committee that the applicant be asked to undertake a LUAR, at its expense, regarding the application to rezone the subject property. Council further agreed that upon submission of the LUAR and review of the report by City staff to verify that all required information has been provided, that the rezoning application will be referred to a public meeting to be chaired by a member of Council. Council also approved the terms of reference for the LUAR for this application at its Regular Meeting held on December 1, On February 26, 2015 the City received a draft LUAR for this application. On March 11, 2015 the City received additional supporting information, a copy of the most recent Letter of Permission for a temporary access road issued by the Department of Municipal and Intergovernmental Affairs. The material has been referred to relevant City staff for review and comment.

6 Page 2 In addition, the draft LUAR has been forwarded to the Town of Paradise, the Town of Conception Bay South and to the Government of Newfoundland and Labrador, Department of Transportation and Works (Highways) for comment. On March 12, 2015 comments were received from the Town of Conception Bay South (copy attached) with regard to the draft LUAR provided by Oceanex. More specifically, the Town of Conception Bay South is concerned about the impacts on the functioning of the CBS Bypass Highway/Manuels Access Road a Provincial road that is part of the regional road network - of commercial traffic from the proposed Transportation and Logistics Park and increased residential traffic from Paradise. Basically, the Town is asserting that the Terms of Reference and the resultant draft LUAR are deficient as they do not include a traffic impact study that will document the impacts of the transportation and logistics park as well as the proposed interchange and connection with Paradise on the regional transportation network (and) identify the improvements to the Manuels Access Road required to meet the increased traffic demand. Staff are bringing this forward to the Planning and Development Committee for information and for direction: 1. Should Council be asked to approve an amended terms of reference that would require Oceanex to do a traffic impact study that will document the impacts of the transportation and logistics park as well as the proposed interchange and connection with Paradise on the regional transportation network; and to identify the improvements to the Manuels Access Road required to meet the increased traffic demand?; or, 2. Should, as part of the consultation process, City staff forward the written concerns of the Town of Conception Bay South to the Government of Newfoundland and Labrador, Department of Transportation and Works (Highways) for its consideration and comments? Ken O Brien Chief Municipal Planner PDB/dlm Attachments G:\Planning and Development\Planning\2015\Planning & Development\Planning & Development CBS Bypass Rd May (pdb).docx

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9 W:\Engwork\Planw\2014 projects\rez cbs bypass road.mxd μ1:7,500 R R CONCEPTION BAY SOUTH BYBASS F R MW F F PDE File Number: REZ CONCEPTION BAY SOUTH BY-PASS ROAD (Ward 5) Application to Rezone Land to Industrial General (IG) Zone and Proposed Transportation and Logistic Park Applicant: Oceanex Inc.

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