The rezoning application is recommended for consideration of approval.

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1 Date: November 26, 2012 To: From: Chairperson and Members Planning and Housing Committee Ken O Brien, MCIP Manager of Planning & Information Cliff Johnston, MCIP Director of Planning Re: Department of Planning File Number B-17-E.5 ( ) and B.17-E.6 ( ) Proposed Expansion to Existing Quarry East White Hills Road (Ward 1) Applicant: Capital Ready Mix Capital Ready Mix has applied to rezone two parcels of land along East White Hills Road. Parcel A is hectares and Parcel C is 3.42 hectares. It is proposed that each parcel of land be rezoned to the Industrial General Zone (IG) Zone, in order to expand the company s existing quarry operations. The applicant s intent is to purchase the land from the Crown. The rezoning application is recommended for consideration of approval. BACKGROUND Existing St. John s Regional Plan Parcel A: Rural, Restricted and Public Open Space Districts; Parcel C: Rural District St. John s Municipal Plan Parcel A: Industrial (I) and Rural (R) Districts; Parcel C: Industrial (I) District St. John s Development Regulations Parcel A: Rural (R) and Commercial Industrial (CI) Zones; Parcel C: Commercial Industrial (CI) Zone Proposed Rural District Industrial (I) District Industrial General (IG) Zone The subject property is located off East White Hills Road, and has had an existing quarry operation onsite for over 70 years. Capital Ready Mix, owners of the existing quarry, manufacture and deliver such products as ready mix concrete, masonry and landscape products, along with a variety of sand and stone aggregate.

2 Page 2 Existing operations are currently located on land which is leased from the Province until Due to an increase in demand, the applicant is proposing to purchase both Parcel A and Parcel C from Crown land in order to further expand their existing operations. The two new sites would be accessed through the existing access. The Robin Hood Bay Waste Management Facility is located north east of the proposed development. The current Industrial General (IG) Zone (see site plan) reflects Capital s existing operations, which includes block manufacturing and associated lay down area. In the future, this area will also be used for a crushing and processing plant and to stockpile processed material. Parcel A is hectares, is currently tree covered and not developed at this time. The St. John s Urban Region Regional Plan designates the property as a mixture of Rural, Restricted and Public Open Space, while the St. John s Municipal Plan designates it as Industrial and Rural. An amendment to both the Regional Plan and the Municipal Plan would be required. Zoning is split between the Rural and Commercial Industrial zones; a rezoning to the IG Zone would be required. This site would be used for the future expansion of Capital s quarry operations, identified on the attached site plan. Parcel C is 3.42 hectares. The area appears to be already used for existing quarry operations and is currently stripped of all tree cover. This parcel is designated Rural under the Regional Plan and Industrial under the Municipal Plan. Zoning is currently Commercial Industrial and would need to be rezoned to the IG Zone. Future plans for this site include the new location for the company s ready mix concrete plant, reducing truck congestion and the plant s visibility from East White Hills Road, while providing more laydown room on the existing IG site. Planning Considerations St. John s Urban Region Regional Plan Parcel A is designated Rural, Restricted and Public Open Space under the St. John s Urban Region Regional Plan, while Parcel C is designated Rural. The Restricted and Public Open Space designations main objectives are to keep land free of development, due to physical constraints and to maintain key areas in the region solely for public use. Both districts do not support quarry development. The Rural designation permits residential use, while still retaining qualities of the rural environment, therefore sand and gravel quarrying operations can be allowed provided: - Rural, rather than an urban location is necessary; - Amenity of the surrounding rural areas are protected; - Adequate open space is provided around any industrial use such as a buffer of trees, shrubs or fencing; - Frontage on a public road and a limited number of vehicle exits/entrances; - Subject to the approval of the Department of Health. An amendment to Regional Plan for Parcel A would be required. St. John s Municipal Plan and Development Regulations 1. Under the Municipal Plan, Parcel A is within the Industrial and Rural District. Therefore an amendment from the Rural to the Industrial District would be required. The Industrial District allows general industry uses, recognizing those zones which permit major industry, heavy

3 Page 3 industry and other industrial uses that may cause a nuisance. Zones like the Industrial General (IG) Zone could be permitted. 2. Parcel C is currently zoned Commercial Industrial (CI), therefore a rezoning would be required to the IG zone. 3. As a discretionary use under the IG Zone, the Mineral Working use is subject to Section 7.11 of the Development Regulations with regards to appropriate buffering. Current elevations along the rear of Parcel A provide a natural screen between East White Hills Road and the Robin Hood Bay Waste Management facility. View plans show that a portion of the hillside will be dug out during future extraction of material from the site, removing the natural buffer. It is therefore recommended that screening in the form of a fence, should be installed along the north east side Parcel A to maintain a visual barrier between the public road and the Robin Hood Bay facility. 4. The Department of Engineering has no concerns at this time. 5. The Department of Public Works and Parks provided the following comments: Further information needs to be submitted on the grades for the quarry expansion before final approval; All work should be contained within their property boundary; Final elevations do not seem to pose a problem for the (future) final elevation of the landfill; Water concerns and stormwater leaving the site into the landfill site or adjacent properties needs to be addressed before final approval; Fencing/buffering along the north east side of the property to replace the natural hillside screen is suggested; As the hillside is being removed, the landfill should be indemnified from future litter complaints on Capital s site; Removal of the hillside may result in landfill odours being carried by the wind onto Capital s property, therefore the landfill should be indemnified from future odour complaints; The landfill may have a future need for quarry material, therefore either a portion of Parcel A be protected for that purpose or perhaps a deal should be developed whereby Capital Ready Mix provides the landfill with the crushed material at reduced rates. CONCLUSION & RECOMMENDATION The Department of Planning recommends that this application be considered for further review. The application would be subject to approval of final site plans and elevations by the Department of Engineering and the Department of Public Works and Parks. Land at Lundrigans Marsh (owned by Capital Ready-Mix and previously promised to be transferred to the City) should be transferred to the City, prior to final rezoning approval. Staff recommends that this application be dealt with in two steps. The first step deals with Parcel C. It is recommended that the rezoning application for Parcel C be advertised, along with advertisement for the Mineral Working discretionary use. Step two deals with Parcel A. Staff recommend that the application be advertised for public review, along with advertisement for the Mineral Working discretionary use. At a later stage the amendment to the St. John s Region Regional Plan and the St. John s Municipal Plan would require a public hearing chaired by an independent commissioner jointly appointed by Council and the Minister of Municipal Affairs.

4 Page 4 This is provided for the consideration of the Planning and Housing Standing Committee. Ken O Brien, MCIP Manager of Planning and Information Cliff Johnston, MCIP Director of Planning LLB/dlm I:\JOHNSTON\2012\Planning & Housing - East White Hills Road November 2012 (LLB).doc

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8 Date: April 11, 2013 To: His Worship the Mayor and Members of Council Re: Department of Planning File Numbers B-17-E.5 ( ) and B-17-E.6 ( ) Council Directive# R /1 Proposed Expansion to Existing Quarry East White Hills Road (Ward 1) Applicant: Capital Ready-Mix Ltd. At its Regular Meeting on March 25, 2013, Council directed staff to proceed with preparing the necessary amendments to the St. John s Municipal Plan and the St. John s Development Regulations for two parcels of land along East White Hills Road, and referred them to a future Regular Meeting of Council for consideration of adoption. Background Information Capital Ready-Mix has applied to rezone two parcels of land along East White Hills Road. Parcel A is hectares (33.7 acres) and Parcel C is 3.42 hectares (8.5 acres). It is proposed that each parcel of land be rezoned to the Industrial General Zone (IG) Zone to allow expansion of the company s quarry operations. Existing operations are on land which is leased from the Province until Due to an increase in demand, the applicant wishes to purchase Parcels A and Parcel C from Crown Lands. The two new sites would be accessed through the existing access. Parcel A would require a rezoning as well as amendments to the St. John s Urban Region s Regional Plan and the City s Municipal Plan. This parcel would be used for expansion of quarry operations. Parcel C would require rezoning, but no amendments to the Regional Plan or the Municipal Plan. This parcel would be a new location for the company s ready-mix concrete plant, reducing truck congestion and the plant s visibility from East White Hills Road while providing more laydown room. The application would be subject to approval of final site plans and elevations by the Department of Engineering and the Department of Public Works and Parks. This would also involve dealing with stormwater runoff from the site. Land at Lundrigans Marsh, owned by Capital Ready-Mix, should be transferred to the City prior to final rezoning approval as assured. The rezoning for Parcel C has been advertised, along with the proposed Mineral Working as a discretionary use.

9 Page 2 The rezoning for Parcel A, along with the proposed Mineral Working as a discretionary use, has been advertised as its initial step. The next step would be amendments to the St. John s Region s Regional Plan and the St. John s Municipal Plan, which will require a public hearing chaired by an independent commissioner jointly appointed by Council and by the Minister of Municipal Affairs. Recommendation It is recommended that Council now adopt the attached resolutions for St. John s Municipal Plan Amendment Number 113, 2013 and St. John s Development Regulations Amendment Number 567, 2013 and St. John s Development Regulations Amendment Number 568, If the amendments are adopted by Council, St. John s Municipal Plan Amendment Number 113, 2013 and St. John s Development Regulations Amendment Number 567, 2013 regarding Parcel A will then be referred to the Department of Municipal Affairs for Provincial review and consideration of a Regional Plan amendment. Furthermore, St. John s Development Regulations Amendment Number 568, 2013 regarding Parcel C will also be referred to the Department of Municipal Affairs with the request for Provincial registration. Ken O Brien, MCIP Acting Director of Planning LLB/sf Attachment I:\KOBrien\2013\Mayor - East White Hills - April, 2013(llb).doc

10 Date: April 18, 2013 To: His Worship the Mayor and Members of Council Re: Planning File Numbers B-17-E.5 ( ) and B-17-E.6 ( ) Council Directive# R /3 Proposed Expansion to Existing Quarry East White Hills Road (Ward 1) Applicant: Capital Ready-Mix Ltd. At its regular meeting on April 15, 2013, Council deferred a decision on proceeding with the proposed rezoning of two parcels of land (Parcels A and C) along East White Hills Road to accommodate the expansion of an existing quarry. Council deferred the application, pending the transfer to the City of land at Lundrigan s Marsh owned by Capital Ready-Mix as previously committed. Council also wished to receive a mitigation plan from Capital Ready Mix, asking that appropriate documentation be finalized for submission at the required commissioner s hearing for the Municipal Plan amendment. Additional Information Since the meeting, Capital Ready-Mix has confirmed that the parcels of land in the Lundrigan s Marsh area, totalling 3.12 hectares (7.7 acres), are being transferred to City ownership. Staff will confirm the transfer next week with our Manager of Real Estate Services. Regarding a mitigation plan of the quarry off East White Hills Road, the Province requires each quarry operator to file a 5-year quarry plan, including remediation of past operations. Capital Ready-Mix has committed that its plan will be presented to Council for review in the near future, once it is finalized. This could be reviewed at the commissioner s public hearing. Capital Ready-Mix advises that the remediation done for their Foxtrap quarries has been adopted by the Province as the standard for pit remediation. They also advise that they have engaged MUN s Faculty of Engineering to develop two models showing the East White Hills quarry at the end of its useable life using vertical down extraction and the company s new proposed horizontal outward extraction. These engineering models will be available for presentation at the public hearing. Recommendation The rezoning for Parcel C has been advertised, along with the proposed Mineral Working as a discretionary use. The rezoning for Parcel A, along with the proposed Mineral Working as a discretionary use, has been advertised as its initial step. The next step would be amendments to the St. John s Urban Region s Regional Plan and the St. John s Municipal Plan, which will require a public hearing chaired by an independent commissioner jointly appointed by Council and by the Minister of Municipal Affairs.

11 It is recommended that Council now adopt the attached resolutions for St. John s Municipal Plan Amendment Number 113, 2013, and St. John s Development Regulations Amendment Number 567, 2013, and St. John s Development Regulations Amendment Number 568, Page 2 If the amendments are adopted by Council, Municipal Plan Amendment Number 113 and Development Regulations Amendment Number 567 regarding Parcel A will be referred to the Department of Municipal Affairs for provincial review and consideration of a Regional Plan amendment. Furthermore, Development Regulations Amendment Number 568 regarding Parcel C will be referred to Municipal Affairs with a request for provincial registration. Ken O Brien, MCIP Acting Director of Planning KOB/dlm Attachments I:\KOBrien\2013\Mayor - East White Hills Rd Quarry - April 18, 2013.doc

12 Date: January 10, 2014 To: Re: His Worship the Mayor and Members of Council St. John s Municipal Plan Amendment Number 113, 2013 and St. John s Development Regulations Amendment Number 567, 2013 Proposed Expansion to Existing Quarry Site East White Hills Road (Ward 1) Applicant: Capital Ready-Mix Ltd. At the Regular Meeting of Council held on April 23, 2013, Council agreed to proceed with the proposed amendments and asked the Department of Municipal Affairs to issue a Provincial release for St. John s Municipal Plan Amendment Number 113, 2013 and St. John s Development Regulations Amendment Number 567, These amendments would re-designate and rezone 33.7 acres of land located off East White Hills Road, from the Rural (R) and Commercial Industrial (CI) Zones to the Industrial General (IG) Zone. The purpose of the rezoning is to allow expansion of the company s existing quarry operations. In order to undertake the proposed amendments to the City s Municipal Plan and Development Regulations, it was identified that an amendment to the St. John s Urban Region Regional Plan was necessary. The Department of Municipal Affairs has advised that it has now issued a Provincial release for the City s proposed amendments. The Department has also advised that the Minister has agreed to adopt St. John s Urban Region Regional Plan Amendment Number 10, 2013, which will re-designate the identified lands off East White Hills Road from Public Open Space and Restricted to Rural. Recommendation It is recommended that Council now adopt the attached resolutions for St. John s Municipal Plan Amendment Number 113, 2013, and St. John s Development Regulations Amendment Number 567, 2013, to rezone land from the Rural (R) and Commercial Industrial (CI) Zones to the Industrial General (IG) Zone, to allow expansion of existing quarry operations. If the resolutions are adopted by Council, then it is further recommended that Council appoint Ms. Marie Ryan, a member of the City s commissioner list, as the commissioner to conduct a public hearing on the Municipal Plan and Development Regulations amendments. Ms. Ryan would also consider the proposed amendment to the St. John s Urban Region Regional Plan at this same public hearing, and would subsequently prepare a single report with recommendations for the consideration of both the Minister of Municipal Affairs and Council. The proposed date for the public hearing is Thursday, February 6, 2014, at 7pm at St. John s City Hall. Ken O Brien, MCIP Chief Municipal Planner LLB/cgm Attachment

13 OR CI OR OR EAST WHITE HILLS RD SUBJECT PROPERTY (PARCEL A) IS µ1:5,000 CI IG R W:\Engwork\Planw\2011 projects\east white hills road_2.mxd

14 RESOLUTION ST. JOHN S MUNICIPAL PLAN AMENDMENT NUMBER 113, 2013 WHEREAS the City of St. John s wishes to allow the development of property in the area of East White Hills Road in order to permit the expansion of existing quarry operations. BE IT THEREFORE RESOLVED that the City of St. John s hereby adopts the following map amendment to the St. John s Municipal Plan in accordance with the provisions of the Urban and Rural Planning Act. Redesignate land in the area of East White Hills Road from the Rural Land Use District to the Industrial Land Use District as shown on Map III-1A attached. BE IT FURTHER RESOLVED that the City of St. John s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, IN WITNESS THEREOF the Seal of the City of St. John s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this day of, Mayor MCIP I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, City Clerk Council Adoption Provincial Registration

15 O I RES RES RMD RMD EAST WHITE HILLS RD R I RMD CITY OF ST. JOHN'S MUNICIPAL PLAN Amendment No. 113, 2013 [Map III-1A] AREA PROPOSED TO BE REDESIGNATED FROM RURAL (R) LAND USE DISTRICT TO INDUSTRIAL (I) LAND USE DISTRICT SCALE: 1:7500 CITY OF ST. JOHN'S DEPARTMENT OF PLANNING I hereby certify that this amendment has been prepared in accordance with the Urban and Rural Planning Act. EAST WHITE HILLS ROAD M.C.I.P. signature and seal Mayor City Clerk Council Adoption Provincial Registration

16 RESOLUTION ST. JOHN S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 567, 2013 WHEREAS the City of St. John s wishes to allow the development of property in the area of East White Hills Road in order to permit the expansion of existing quarry operations. BE IT THEREFORE RESOLVED that the City of St. John s hereby adopts the following map amendment to the St. John s Development Regulations in accordance with the provisions of the Urban and Rural Planning Act. Rezone land in the area of East White Hills Road from the Rural (R) Zone and the Commercial Industrial (CI) Zone to the Industrial General (IG) Zone as shown on Map Z-1A attached. BE IT FURTHER RESOLVED that the City of St. John s requests the Minister of Municipal Affairs to register the proposed amendment in accordance with the requirements of the Urban and Rural Planning Act, IN WITNESS THEREOF the Seal of the City of St. John s has been hereunto affixed and this Resolution has been signed by the Mayor and the City Clerk on behalf of Council this day of, Mayor MCIP I hereby certify that this Amendment has been prepared in accordance with the Urban and Rural Planning Act, City Clerk Council Adoption Provincial Registration

17 OR IS R2 IG CI EAST WHITE HILLS RD OR OR CI IG R CITY OF ST. JOHN'S DEVELOPMENT REGULATIONS Amendment No. 567, 2013 [Map Z-1A] SCALE: 1:7500 CITY OF ST. JOHN'S DEPARTMENT OF PLANNING I hereby certify that this amendment has been prepared in accordance with the Urban and Rural Planning Act. AREA PROPOSED TO BE REZONED FROM RURAL (R) LAND USE ZONE TO INDUSTRIAL GENERAL (IG) LAND USE ZONE AREA PROPOSED TO BE REZONED FROM COMMERCIAL INDUSTRIAL (CI) LAND USE ZONE TO INDUSTRIAL GENERAL (IG) LAND USE ZONE EAST WHITE HILLS ROAD M.C.I.P. signature and seal Mayor City Clerk Council Adoption Provincial Registration