275 CBS Byapss Road - Oceanex

Date:
November 11, 2014
To:
Chair and Members
Planning & Development Committee
Re:
PDE File Number: REZ1400020
275 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.
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
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
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 - 275 CBS Bypass Rd Nov 11 2014(pdb).docx
Date:
May 13, 2015
To:
Chair and Members of the Planning and Development Standing Committee
Re:
PDE File Number: REZ1400020
275 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, 2014.
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.
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 - 275 CBS Bypass Rd May 13 2015(pdb).docx
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W:\Engwork\Planw\2014 projects\rez1400020-275 cbs bypass road.mxd
PDE File Number: REZ1400020
275 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.