application to amend the regional municipal planning ... · ec-6 - hrm shall reserve the lands...

P.O. Box 1749 Halifax, Nova Scotia B3J 3A5 Canada

Item No. 9.1 Halifax Regional Council

June 16, 2015July 21, 2015

TO: Mayor Savage and Members of Halifax Regional Council

SUBMITTED BY:Richard Butts, Chief Administrative Officer

Mike Labrecque, Deputy Chief Administrative Officer

DATE: May 19, 2015

SUBJECT: Application to amend the Regional Municipal Planning Strategy to enable greater flexibility of use within select areas of the Burnside Business Park Expansion Area

ORIGIN Planning & Development Department

LEGISLATIVE AUTHORITY

Halifax Regional Municipality Charter (HRM Charter), Part VIII, Planning and Development

RECOMMENDATION

It is recommended that Halifax Regional Council

1. Give First Reading and set a public hearing date to consider amendments to Map 10 of theRegional Municipal Planning Strategy to enable greater flexibility of use within the BurnsideBusiness Park Expansion Area as per Attachment B of this report; and

2. Adopt amendments to the Regional Municipal Planning Strategy as provided in Attachment B ofthis report.

Regional Municipal Planning Strategy Map 10 Amendment Regional Council Report - 2 - June 16, 2015 BACKGROUND In October 2014, Regional Council updates to the Regional Municipal Planning Strategy (RMPS) became effective which concluded the process known as ‘RP+5’. Included within these updates were policies stemming from the 2008 Business Parks Functional Plan which reviewed business and industrial parks within Halifax Regional Municipality, their impact on economic development in the region, and recommendations on how they should continue to be developed moving forward. Amongst the multiple recommendations was included a recommendation to allow the private sector to take the lead role in the development of land for retail and office space while encouraging primarily light industrial uses within business parks. This recommendation was implemented in the Regional Plan by the creation of Policy EC-6, as well as the inclusion of Map 10 which described the geographical extent to which this policy would apply. Policy EC-6 states the following: EC-6 - HRM shall reserve the lands within the Burnside Business Park Expansion Area, as shown on Map 10, for general, light industrial and logistics uses. Office and retail shall be permitted only as accessory uses to general and light industrial uses. The wording of Policy EC-6 was specifically narrowed to apply only to the Burnside Business Park Expansion Area (Attachment A) so as to ensure that no businesses or land owners already occupying lands within the park would be negatively impacted by new regulation which disallows a retail or office use already constructed. If this policy were to have been applied to the entire business park, a large number of retail and office uses would be considered ‘Non-Conforming’ resulting in a situation where although they would be permitted to continue operating an existing business on the site, no new retail or office businesses would be permitted in the future and the existing non-conforming retail and office uses would be subject to the restrictions on non-conforming uses within the HRM Charter. At the same time in late 2014 when these RMPS amendments were being considered by Regional Council, the Corporate Real Estate Business Unit was involved in ongoing discussions with numerous businesses and land developers who had expressed interest in constructing buildings or opening businesses within newly available lands in the Burnside Industrial Park. At the time when these discussions began, this expansion area of the business park was regulated by the same zoning and policy controls as the rest of the park. Fundamental to this control was the Dartmouth Land Use By-law I-2 zoning. The I-2 zoning is one of the most permissive zones within the by-law, allowing for a full complement of industrial, service, retail, and office uses. The application of policy EC-6 as described above to the Burnside Business Park Expansion Area substantially reduced the flexibility of uses permitted on this land. This issue was recently discovered in May 2015 when a business was refused a permit due to their proposed use being considered a retail use, and as such not permitted by policy EC-6. There are several other land owners and business operators who shared this same understanding, and are similarly impacted by this policy. Several of these individuals and businesses are now in a situation where they are unable to construct or occupy buildings that they have anticipated moving to within the next 4-6 months. Staff brought forward an initiation report to Regional Council at their May 12, 2015 meeting where Council agreed to initiate the consideration of this amendment with an abbreviated public consultation process given the time sensitive nature of the matter. DISCUSSION The intent of Policy EC-6 was twofold. First, it was identified as important to retain an adequate supply of industrial lands within HRM to ensure a continued mixed and diversified economy of the region. Industrial uses by their very nature have a tendency to occupy large amounts of space, and can have impacts on adjacent land uses depending on the sights, sounds, and smells emitting from them. Give that these uses cannot easily be located within established communities, it was felt important to protect the use of industrial lands against the intrusion of other retail, office, or service uses which could be located

Regional Municipal Planning Strategy Map 10 Amendment Regional Council Report - 3 - June 16, 2015 elsewhere. Secondly, it was felt to be important to attempt to incentivize retail and office development towards the downtown `Regional Centre` areas wherever the opportunity could be provided. The Regional Centre is well serviced with regard to transit, and service sector industries. Greater concentration of office and retail uses within the downtown is beneficial to both businesses as well as the population at large. The more employment occurring within the Regional Centre, the easier it is to service the employees and businesses with the transportation and connectivity services they need. The above points notwithstanding, it was not the intent of Policy EC-6 to inhibit future development of business parks in HRM, nor was it the intent to disadvantage certain businesses or land owners through restrictive use policies. Notification of the 2014 amendments to the Regional Plan was appropriately advertised, with the decision making process concluding in a Public Hearing at Regional Council. Information on the intent of the amendments was available throughout the ‘RP+5’ Regional Plan Update process. Ultimately, it is the responsibility of any land owner or perspective land owner to ensure the desired use of land is permitted by applicable policies and zoning. With this said, staff share in the responsibility of ensuring all stakeholders understood the ramifications of the policy amendments. Fortunately, given that restrictions pertaining to policy EC-6 are related exclusively to the area shown on Map 10 of the RMPS, changing the boundaries of this map would allow greater flexibility for the use of properties without requiring any additional amendments to the Dartmouth Municipal Planning Strategy or the Dartmouth Land Use By-law. An amendment to the map could address the existing issue with businesses and land owners in the specific geographical area where the problem exists, while still retaining the policy on lands where no commitments or land deals have been made. This would allow all I-2 Industrial zone uses to once again be permitted on the lands proposed to be removed from Map 10. Further Functional Plan Implementation Given the time sensitive nature of the issues outlined within this report, it is important that these problems be addressed as soon as possible. With this said, there is more work that is required in order to implement the land use vision for Burnside Industrial Park as outlined within the aforementioned 2008 Business Parks Functional Plan. The Functional Plan recommended the adoption of a more nuanced set of zones for business parks which would identify specific locations where retail and service commercial uses would be appropriate, as well as ensuring that uses on the perimeter of these parks would provide for sensitive transitions to adjacent properties. These new zones could allow for retail and service uses which are of such a nature that they would not be appropriate within a downtown urban setting, while still protecting the integrity of industrial lands per the intended spirit of Policy EC-6. Such uses that are currently prohibited in whole or in part by the application of policy EC-6 include industrial or construction equipment rental, industrial equipment showrooms, or construction apparel rental / sales. More sophisticated zoning rules could provide more clarity and flexibility within the rules of business parks without contravening the intent behind Policy EC-6 and those like it. Furthermore, Planning & Development staff will in the future seek to gather additional background information on retail uses, service uses, and their catchment areas, in an effort to better understand what uses are best suited for what context. FINANCIAL IMPLICATIONS The HRM costs associated with processing these planning amendments can be accommodated within the 2015/16 operating budget for C310 Planning & Applications. COMMUNITY ENGAGEMENT The community engagement process undertaken for this application is consistent with the direction provided by Regional Council at the time of initiation. The level of community engagement was consultation, achieved through notification of the changes advertised in the newspaper and posted on the HRM website.

Regional Municipal Planning Strategy Map 10 Amendment Regional Council Report - 4 - June 16, 2015 Prior to considering the approval of any RMPS amendments, Regional Council must hold a public hearing. Should Regional Council decide to proceed with a public hearing on this application, in addition to the published newspaper advertisements, individual property owners within the notification area will be advised of the public hearing by regular mail. The HRM website will also be updated to indicate notice of the public hearing. The proposed MPS and LUB amendments, and development agreement, will potentially impact local property and business owners as well as the HRM Corporate Real Estate Business Unit ENVIRONMENTAL IMPLICATIONS None relevant to this report. ALTERNATIVES 1. Regional Council may choose to refuse the amendments to Map 10 of the Regional Municipal

Planning Strategy. A decision of Council to refuse the potential amendments is not appealable to the N.S. Utility & Review Board as per Section 262 of the HRM Charter.

2. Regional Council may choose to modify the proposed amendments to the Regional Municipal

Planning Strategy as contained in Attachment A of this report. If this alternative is chosen, specific direction regarding the requested modifications and amendments is required. Substantive amendments may require another public hearing to be held before approval is granted.

ATTACHMENTS Map 1 Generalized Future Land Use Map 2 Zoning Attachment A Current Map 10 of the Regional Municipal Planning Strategy Attachment B Proposed Amendments to the Regional Municipal Planning Strategy A copy of this report can be obtained online at http://www.halifax.ca/council/agendasc/cagenda.php then choose the appropriate meeting date, or by contacting the Office of the Municipal Clerk at 902.490.4210, or Fax 902.490.4208. Report Prepared by: Carl Purvis, Acting Supervisor of Community Planning, 902.490.4797 Report Approved by: Bob Bjerke, Chief Planner & Director, Planning & Development 902.490.1627 Financial Approval by:

Bruce Fisher, Acting Director of Finance & ICT/CFO, 902.490.6308

JACKS

ON RD

WOODLAND AVE

WRIGHT AVE

LYNGBY AVE

ISNOR DR

WINDMILL RD

EILEEN

STUBBS AVE

L O CKS RD

WRIG H TS COVE RD

AKERLEY BLVD

VI R IDIAN DR

N OOTK A AVE

BROWN AVE

LEAMAN

DR

WILLIAMS AVE

LANC

ASTERDR

ALBR

O LAKE

RD

AR GUS DRJOSEPH

ZATZMAN DR

BRULE

ST

RENT POINT RD

CROM

A RTY

DR

MACDONALD AVE

JENNETT AVE

MOSHER DRFIELDING AVE

MORRIS DR

BROWNLOW

AVE

SEA KING DR

BORDEN AVE

CUTLERAVE

COMMODORE DR

BAF F INBL

VD

ILSLEY AVE

CRICHTON

AVE

ANDOVERST

BURNSIDEDR

VID ITO DR

VICTORIA RD

SIMMONDS DR

NADIA DR

WILK

INSON

AVE

FINLA

YDR

HORIZO

N CRT

TROOP

AVERADDALL AVE

HIGHFIELD PARK DR

WAVERLEY RD

ST111

ST118

FlatLake

LakeCharles

LakeMicmac

EnchantedLake

LakeBanook

JuniperLake

AlbroLake

LittleLake

BlackLake

SpectacleLake

LittleAlbro Lake

AndersonLake

FrenchmanLake

MartinLake

PRIMROSE S

T

BurnsideBusiness

Park

DartmouthCrossing

City of LakesBusiness Park

MAP 1

HRM does not guarantee the accuracy of the data represented in this figure. June 4, 2015

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Parcel

Road

WatercourseWaterbody

Burnside Business ParkExpansion AreaBurnside BusinessParkCity of LakesBusiness ParkDartmouth CrossingBusiness Park

JACKSON RD

WOODLAND AVEWRIGHT AVE

LYNGBY AVE

ISNOR DR

WINDMILL RD

EILEEN

STUBBS AVE

L OCKS RD

WRIG H TS COVE RD

AKERLEY BLVD

VI R IDIAN DR

N OOTKA AVE

BROWN AVE

LEAMAN

DR

WILLIAMS AVE

LANC

ASTERDR

ALBR

O LAKE RD

ARGUS DRJOSEPH

ZATZMAN DR

BRULE

ST

RENT POINT RD

CROM

A RTY

DR

MACDONALD AVE

JENNETT AVE


MORRIS DR

BROWNLOW

AVE

SEA KING DR

BORDEN AVE

CUTLERAVE

COMMODORE DR

BAF F INBL

VD

ILSLEY AVE

CRICHTON

AVE

ANDOVERST

BURNSIDEDR

VID ITO DR

VICTORIA RD

SIMMONDS DR

NADIA DR

WILK

INSON

AVE

FINLA

YDR

HORIZON CRT

TROOP

AVERADDALL AVE

HIGHFIELD PARK DR

WAVERLEY RD

ST111

ST118

FlatLake

LakeCharles

LakeMicmac

EnchantedLake

LakeBanook

JuniperLake

AlbroLake

LittleLake

BlackLake

SpectacleLake

LittleAlbro Lake

AndersonLake

FrenchmanLake

MartinLake

PRIMROSE

ST

BurnsideBusiness

Park

DartmouthCrossing


R-1

CDD CDD

CDD

UR

C-3

I-2

S

I-2

R-1M

R-3

I-2

R-4

S

I-2

R-3

I-2

I-2

R-2R-2 R-1

I-2

R-3

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R-3R-2

R-1

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H

I-3

H

I-2

I-3

R-7

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C-2

I-2

R-3

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BCDD

R-1

R-1

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P-3

PR-1

R-1

UR

I-2

I-2

I-3I-3

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I-2

R-3

I-2

I-2

I-2

R-2

R-1

P

I-2

I-2

HH

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R-1

R-7

P-3

RPK

IHO

C

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I-2

I-2

I-2

I-2

C-3 R-3

P

I-2

R-4

I-2

P

I-2

R-1

R-1

P

I-2

S

P

R-3

RPK

R-1

R-1b

I-2

I-2

I-2

H

I-2

I-2

C-2

I-2

R-3

SR-3

R-3

C-2

I-2

R-1

R-1 R-1

I-2

I-2

RPK

R-2

RPK

C-1B

R-1

C

I-4

I-2

I-2I-2

I-2

R-3

I-2

I-2

P

CDD

R-1

R-1

P

R-1

R-3

R-1

R-1

I-2

C

I-2

I-2

C-3

R-2R-2

I-2

P

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I-2

R-3

R-3R-1

C-3

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R-1

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I-3

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I-2

I-2

R-3

P

I-2

I-2

R-1

I-2

R-1

R-1 R-1b

I-2

I-2

I-2

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R-3

MAP 2ZONING

HRM does not guarantee the accuracy of the data represented in this figure. May 11, 2015

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Parcel

Road

WatercourseWaterbody Zoning

Burnside BusinessPark Expansion Area

Burnside BusinessPark


Dartmouth CrossingBusiness Park

JACKS

ON RD

WOODLAND AVE

WRIGHT AVE

LYNGBY AVE

ISNOR DR

WINDMILL RD

EILEEN

STUBBS AVE

L O CKS RD

WRIG H TS COVE RD

AKERLEY BLVD

VI R IDIAN DR

N OOTK A AVE

BROWN AVE

LEAMAN

DR

WILLIAMS AVE

LANC

ASTERDR

ALBR

O LAKE

RD

AR GUS DRJOSEPH

ZATZMAN DR

BRULE

ST

RENT POINT RD

CROM

A RTY

DR

MACDONALD AVE

JENNETT AVE


MORRIS DR

BROWNLOW

AVE

SEA KING DR

BORDEN AVE

CUTLERAVE

COMMODORE DR

BAF F INBL

VD

ILSLEY AVE

CRICHTON

AVE

ANDOVERST

BURNSIDEDR

VID ITO DR

VICTORIA RD

SIMMONDS DR

NADIA DR

WILK

INSON

AVE

FINLA

YDR

HORIZO

N CRT

TROOP

AVERADDALL AVE

HIGHFIELD PARK DR

WAVERLEY RD

ST111

ST118

FlatLake

LakeCharles

LakeMicmac

EnchantedLake

LakeBanook

JuniperLake

AlbroLake

LittleLake

BlackLake

SpectacleLake

LittleAlbro Lake

AndersonLake

FrenchmanLake

MartinLake

PRIMROSE S

T

BurnsideBusiness

Park

DartmouthCrossing


ATTACHMENT A

HRM does not guarantee the accuracy of the data represented in this figure. June 5, 2015

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Parcel

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WatercourseWaterbody

Burnside Business ParkExpansion AreaBurnside BusinessParkCity of LakesBusiness ParkDartmouth CrossingBusiness Park

Attachment B Amendments to the Regional Municipal Planning Strategy Map 10

BE IT ENACTED by the Halifax Regional Council of the Halifax Regional Municipality that the Regional Municipal Planning Strategy is hereby amended as follows:

1. “Map 10” shall be deleted and replace with Map 10 attached as Schedule A.

THIS IS TO CERTIFY that the by-law of which this is a true copy was duly passed at a duly called meeting of the Council of Halifax Regional Municipality held on the _____day of ___________ A.D., 2015 Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this ____ day of ___________ A.D., 2015.

Municipal Clerk

The following is a graphical representation and although care has been taken to ensure the best possible quality, HRM does not guarantee the accuracy of this document.

Burnside Area

BurnsideBusiness Park

Dartmouth CrossingBusiness Park


Akerley Blvd

Ilsley Ave

Wright Ave

Windmill Rd

Forest Hills Ext

Breeze Dr

Isnor Dr

Caledonia Rd

Wilkin

son A

ve

Macdonald Ave

Victoria Rd

Burnside Dr

Jetty Rd

Joseph Zatzman Dr

Petwe

r Lan

e

Arsenal Dr

White St

Jennett Ave

Cutler Ave

Wrights Cove Rd

Fielding Ave

Cono Dr

Thornh

ill Dr

Williams Ave

Raddall Ave

Shubie Dr

John Savage Ave

Saratoga Dr

Montebello Dr

Belved

ere Dr

Waverley Rd

Highfield Park Dr

Locks Rd

Coun

tryvie

w Dr

Mcclure Cl

Topple

Dr

Woodlan

d Ave

Brae

mar D

r

Lethbridge Ave

Micmac Dr

Gourok Ave

Strath L

ane

Brownlow Ave

Simmonds Dr

Commodore Dr

Appia

n Way

Copper Rd

Finlay

Dr

Inverary Dr

Dorey Ave

Mosher Dr

Argus Dr

Bonita Dr

Garland Ave

Colford Ave

Wilcot Lane

Borden Ave

Avenue

Du Porta

ge

Hemlock St

Burbr

idge A

ve

Higne

y Ave

Nickel Rd Graphite Dr

Andover St

Horizon

Crt

Morris Dr

Pettipas

Dr

Craigbur

n Dr

Brown Ave

Leaman Dr Maple Dr

Lexington Ave

Payzant Ave

Rent Point Rd

Walnut Hall

Gale Terr

Mccurdy Ave

Colonna Pl

Columbo Dr

Rannoch Rd

Montague Rd

Orkney Dr

Lake C

harles

Dr

Crystal Dr

Lakeshore Park Terr

Moore R

d

Fury Dr

Degauss

ing La

ne

Waddell A

ve

Twilig

ht La

neCa

pistra

no D

r

John B

renton

Dr

Mengoni Ave

Capri C

rtDu

nrobin

Dr

Seapoint Rd

Thorne Ave

Greenbank Crt

Venture Run

Fyne Lane

Oland Crt

Birchdale Ave

Dawn

Dr

Boutilier

s Lane

Perth DrBa

sinvie

w Dr

Evans Crt

Kyles Crt

Notting Crt

Poonam Crt

Micmac Blvd

Chrome Lane

Forest Hills Ext

Windmill Rd

Wave

rley R

d

Lake Charles

Lake Micmac

Anderson Lake

Albro Lake

Juniper Lake

Red Bridge Pond

Frenchman Lake

Little Lake

Spectacle Lake

Martin Lake

Black Lake

Enchanted Lake

Flat Lake

Legend

0 10.5Kilometers

Notes: This map demonstrates a vision to be implemented over the life of the Regional Plan, through various tools, subject to financial ability and community interest.

o

City of Lakes Business ParkDartmouth CrossingBusiness Park

Burnside Business Park

Burnside Business ParkExpansion Area

Schedule A

application to amend the regional municipal planning ... · ec-6 - hrm shall reserve the lands...

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