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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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
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
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
City of LakesBusiness Park
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
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R-2R-2 R-1
I-2
R-3
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R-3R-2
R-1
I-2
H
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I-2
I-3
R-7
I-2
C-2
I-2
R-3
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BCDD
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P-3
PR-1
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UR
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I-3I-3
CDD
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R-3
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R-1
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I-2
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P C-2R-2
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I-2
R-4
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P
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R-1
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S
P
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RPK
R-1
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I-2
I-2
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H
I-2
I-2
C-2
I-2
R-3
SR-3
R-3
C-2
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RPK
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C-1B
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C
I-4
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I-2I-2
I-2
R-3
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I-2
P
CDD
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I-2
I-2
R-1
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R-1 R-1b
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I-2
I-2
R-3
MAP 2ZONING
HRM does not guarantee the accuracy of the data represented in this figure. May 11, 2015
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HighwayST111
Parcel
Road
WatercourseWaterbody Zoning
Burnside BusinessPark Expansion Area
Burnside BusinessPark
City of LakesBusiness Park
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
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
ATTACHMENT A
HRM does not guarantee the accuracy of the data represented in this figure. June 5, 2015
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HighwayST111
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
City of LakesBusiness 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