Development Regulations Amendment No. 1, 2024 — Town of St. George's — full text

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TOWN OF ST. GEORGE'S DEVELOPlVIENT REGULATIONS Al\tIEND~IENT No. 1, 2024 a. Change of land use zone of an area for a salt mine project from Residential (RES) to Rural (RUR), and, b. Requiren1ents for use of the existing "haul road" a.k.a. "Flintkote Road" and other routes and means of conveyance to 1nove mineral and petroleum products from sources in the Rural (RUR) land use zone to Turf Point harbour. COUNCIL RESOLUTION TO APPROVE Whereas under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act 2000, the Council of the Town of St. George's adopted Amendments Number 1 - 2024 to the Municipal Plan and Development Regulations for 2019 - 2029 on the 9th day of May, 2024, gave notice of doing so by way of notices broadcast and posted in the community in the form of advertising on the Town of St. George's website www.townofstgeorges.com, advertising on the municipal Face book page, putting up posters in eight public locations in the community, and a bulk telephone call to residents registered on the municipal "dial my call'' program, said method being approved by the Manager of Land Use Planning, Local Governance and Land Use Planning Division, Department of Municipal and Provincial, in lieu of advertising in a newspaper circulating in the municipal planning due to lack of such newspaper advertising at the time, said website, Facebook and public location postings running from 24 May, 2024 to the date of the public hearing and the bulk telephone call being made on 31 May, 2024, altogether thereby providing in excess of the ordinary fourteen day adve11ising requirement of s.17 of the Urban and Rural Planning Act 2000, appointed a commissioner to hold the required public hearing to hear objections and submissions, set the time and date of the public hearing to be at 7 :00 pm on the 19th day of June, 2024, and subsequently considered the report of the con1m1ss1oner, Under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Council of the Town of St. George's approves Amendment Number I, 2024 to the Development Regulations for 2019 to 2029, exactly as released by the Department of Municipal and Provincial Affairs. Resolved by the Council of the Town of St. George's on the 8th day of August, 2024. Signed and sealed this / (c day of Q ,{ 1qoc-s;t , 2024. Mayor e~ ~ Council Seal DeHlopmtnl Rt~lations/Amendment REGISTERED Number L-{) ~ Cl - 2':og.__4 - O o I Date 9 ~"-PI 1-o?{ Signature ~ / COUNCIL RESOLUTION TO ADOPT; MCIP CERTIFICATE. Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Council of the Town of St. George's adopts Amendment Number 1, 2024 to the Development Regulations for 2019 to 2029. Resolved by the Council of the Town of St. George's on the 9th day of May, 2024. Signed and sealed this //.o day of auqu;;C , 2024. Mayor: ~ ~ ~ Council Seal 1.2 PLANNER'S SEAL AND SIGNATURE CANADIAN INSTITUTE OF PLANNERS CERTIFICATION I certify that the attached Amendment Number I, 2024 to the Development Regulations for 20 19 to 2029 document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000. Member of the Canadian Institute of Planners Date ::IJ, ~ .,;-j- 2024 seal TOWN OF ST. GEORGE'S - DEVELOPMENT REGULATIONS FOR 2019 to 2029 AMENDMENT No. 1, 2024 BACKGROUND The Town Council of St. George's propo es to adopt this amendment to its Development Regulations. The Municipal Plan wi ll be amended concurrently in like fashion. Council has received a proposal from Atlas Salt Inc. for a major alt mine proj ect located within the Town of St. George's municipal planning area. Most of the area of the lands involved in the project docs not lie within a designation in the M unicipal Plan which would enable Council to consider approving it. Council is generally favourable to the proj ect for its economic development benefits, and is prepared to amend the Municipal Plan and Development Regulations (the ··planning documents"') to be able to do so. The mine proj ect lands are shown below superimposed on the current Municipal Plan designations and zones for the general area. The underlying aerial photograph and depiction of planning areas are from the provincial government's land u e planning registr) website. The plot is approximate but it hows the effect of the propo ed amendment which will make all of the mine lands plus some fringe areas adjacent to it to be Rural (RUR) Zone. T he land use zones in the Development Regulations have the same names and boundaries as the designations in the M unicipal Plan. --Residential"· designation and Lone --Rurar· designation and zone in brown 7 The mine project involves use of a new overland conveyor system to move mine products to the Turf Point harbour. It wi II run from the mine property to the existing haul road (also known as the .. Flintkote Road"' and then along the haul road to Turf Point harbour. The existing use of the haul road is to move product by highway truck from a gypsum mine lying west of the proposed salt mine to Turf Point. That existing use can continue as a non-conforming use in the various lands over which it passes. but a new overland conveyor would represent a new development. A planning policy analysis prepared by Councirs professional planning consultant. Mr. Jens Jensen.P.Eng .- MCIP. HMJ Consulting Limited. is presented next. followed by a statement of Council's plans for public consultation and notes on the permitting process which will appl} to specific development applications ,vhich will follo\v aflcr the amendment comes into eJTect. PLANNING POLICY ANALYSIS The planning documents are those that are now in legal effect in the St. George·s municipal planning area. ie: the Municipal Plan and Development Regulations for the Town of St. George·s for 2019 to 2029. The planning documents \Vere approved by Council on 2 November 2020 and were notified in the Neu.found/and and Lahrador Ga=elle on 12 March 2021. on which date they came into legal effect. There have been no amendmenb to the planning documents since then. Council is attracted to the potential for appropriate developments which will enhance and strengthen the local economy while respecting valued amenities of surrounding owners. as they would be in keeping with the objective of the Municipal Plan (Section 3.3) quoted as follows: To develop and maintain St. George ·sin an allraclive natural and buill selling which accommodates a diversity <?lhousing neecb.- and which provides.for sustainahle economic and other development while maintaining the integri~l' of the natural marine and terrestrial environments. The development concept set out in Section 5.0 recognizes the potential for exploration and development of mineral and petroleum resources in growing the local economy as a general matter in point I I) therein as follows: 11. It is recognized that exp/oralionfur minerals and petroleum resources is important to the economic development <?lthe province, and are permilled at Council ·s discretion except where ii is inadvisable. spec(fical~v not lo be approved in the two protected water resources supp(v areas, the site of the jillure sewage treatment plant. and environmentally sensitive areas. i\4ineral workings, mining and petroleum extraction 8 uses are permilled at Council ·s discretion hut only in the rural areas lying outside the areas named above. Some detailed context concerning mining. mineral deposits. and potential for petroleum development is given in Section 6.2.13. which concludes with: Council ·s polhy is to include requirements in the Developmenl Regulations to endeavour lo minimize negalive impacts on !he areas t{//ected hy exploration and extraction.for example to do with res/oration ,?{areas where ground has heen disturbed. removal <?l vehicles. equipment and trash whenjinished. and on points which are not in C 'ouncil 's alllhority by recommending condilions to the Alineral Lamb; Division as part <?(the provincial approval process. The Development Concept in Section 5.0 goes on in the section describing the land use designations to give the specific role of the Rural designation in point 5 as follo\\s: Land in the Rural designation is intended to accommodale de,·elopmenls which are not ·well suited to urban sellings. such as low density housing on prfrale water supp(v and se·wage disposal systems . .fi,res11:i·. mining. mineral workings. petroleum exlraction. kennels. livestockfarming. and ve,:r large commercial or industrial developments. Council will endeavor to pro 1ect the natural environment fi·om unacceptable e.ffects and to require adequate screening <~f'unsight(v structures and activiliesfiwn vielt' along streets and highways. Finally. the Municipal Plan sets out specific requirements for each designation. for which the Rural designation policies are found in Section 6.1.9 as folio\\ s: I. Lands designated Rural shall be developed primari(v_fhr uses utilizing the area's natural resources and land uses not compatible with !he urban environment. as well as some other uses which are usual(vfound in urban areas. such as low densi~v residenlial development, hut which nevertheless may be acceptable . ., Permilled uses are: a) Agriculture class, including gardening and horticultural actfrity hJ Forest1:i- class, including domestic culling/urji,el wood cJ Conservation class d) Existing mineral exploration class eJ Existing mineral workings and mine class 9 f) Existing cemeteries 3. All other uses may be considered as discrelionw:r uses. in order to ensure.fill/ reviei1· of proposalsfor other developmenl classes and to providefor consideration <?la wide variety o_f proposed developments. some of which may be unusual but nevertheless desirable. -I. Council will evaluate each developmenl propoS<,l to de/ermine potential environmental and other e..tfects and sel development standard-; lo reduce or eliminate any negative impacts and protecl public S[!fe~r and amenilies 5. i\/e1t· development may he serviced wilh extensions <?fll1e Council ·s central water and sewer systems at the proponent ·s expense and subjecl to c·ouncil ·s approval r?f capacity and technical standard~ and hy wt~l' <?la spec[fic development agreement. 6. Private water supplies and private sewage di.\po.ml .\ystems are acceplahle but are su~ject to the proponent securing Cert[ficates <?f'Approva/jrom provincial government alllhorities. 7. lt,/ineral workings, mining awl petroleum extraction structures and disturbed areas are required to he separated hy a substantial h1{//er distancefi·om public highwtws. streets and trails. protected water supp~r areas. sensitive lands. and the areas intended to be developed as urban areas. as detailed in the Development Regulations. N. 1\,/ineral working. mining and petroleum extraction operations shall he conducted in a manner which will minimize the adverse effects on water quality . .fish and wildftfe. and shall be bi~fferedfhm1 m(jacent dei-elopments. All such operations are required to submit a site rehabilitation plan as a part of the development application. ( ·ouncil. when issuing a permit, may attach such conditions as are in its opinion necessw:v to properly regulate the operation. Such conditions may refer to the/hi/owing su~jects and mailers: a. Land-;caping. screening am/fencing: b. Rehabilitation; c. j\/oise, dust and pollution control. It is evident that the mine project will displace a considerable area or the Residential designation and zone. Council has considered the adequacy of other undeveloped or underdeveloped lands designated Residential for future residential development. and is satisfied that the balance of interests favours this amendment. The appropriate designation and zone for the mine project is Rural. There is an Industrial designation and zone in the planning documents but it is used only to apply to the harbour works at Turf Point. In the Industrial category. mining is not a permitted use nor is mining eligible to be considered for a discretionary land use approval. The Rural designation permits mining among other land uses at Council's discretion. Council's intention to be able to consider the IO mine project necessitates the change of designation and zone of the mine lands illustrated above not already Rural. to Rural. and to consider approval of an associated overland conveyor from the mine to Turf Point harbour. Consideration of the existing and future uses of the haul road and various means of conveyance of the natural resource products (gypsum. salt. other minerals. and potentially petroleum) prompts Council in looking forward to make this amendment to the Development Regulations to include generic requirements applicable to a conveyor development. or any other form of conveyance of products of mineral workings. mines or petroleum extraction. across lots of land which are not the sites of the sources of the material. Such developments would be simply accessory uses to main uses of lots on which the extraction activity takes place. hut outside of those lots the conveyances would be nc\v developments. Amending the planning documents does not represent an approval of a permit to develop the Atlas Salt Inc. mine or the associated overland conveyor. The amendment enables Councirs consideration of such an application which \vould follow this amendment and would be subject to a review of compliance with the amended planning documents. Changing the land use zone of the subject lands to Rural (RUR) would be entirely in keeping with the objectives and policies of the Municipal Plan. Those policy points would guid~ Council in its deliberations concerning an actual application from the company. following the coming into effect of the amendments. PUBLIC CONSULTATION The Town of St. George·s conducted a public consultation process by presenting the proposed amendments and hearing the views of the public. The proposed amendments were publicized by sending a flyer to all postal addresses in the St. George·s postal code and posting on the Town website and the Facebook social media customarily used by the Town of St. George's. The notices specified that the proposed amendments as well as the whole existing Municipal Plan and Development Regulations were available to be sent as pdfs to those asking for them. and available to view in hard copy at the TO\\ n office. Council's retained professional planner presented the proposed amendments to the public at a meeting on 31 January 2024. The presentation concluded with an invitation to interested parties to send submissions to Council by 16 February 2024. 11 STEPS TO LEAD TO A PERMIT When this amendment and the concurrent amendment to the Municipal Plan come into legal effect. the only effect will be to enable Councirs consideration of the mine project. and to provide for consideration of new means of conveyance of products of mineral workings. mines and petroleum extraction from their sources to Turf Point harbour. At that point. the proponent needs to make an official application to Council with the details of their proposed mine and overland conveyor developments. Council's approval of such applications is subject to the amended Municipal Plan a,1d Development Regulations. \vhich state the conditions which an application must satisfy. The permit will only be approved if the conditions were satisfied. THE AMENDMENT The actual amendment to the Development Regulations comprises revisions of the text and to the maps. As noted in the Background. a concurrent amendment is to be made to the text and maps in the Municipal Plan. AMENDMENT 1 - 2024 TO THE DEVELOPMENT REGULATIONS FOR 2019 - 2029 The Development Regulations for 2019-2019 is amended as follo\vs: I. Land Use Zoning Maps I and 2 are amended as shown on the accompanying official map. 2. The Use Zone Tables in Schedule C for the following Zones are amended by adding the following use to their respective .. permitted uses·· lists: '"existing use of the haul road from points <~l extraction <?f mineral working and mine products lo Twf Point harbour. solely by way of highway trucks": a. Residential (RES). b. Mixed Development (MD). c. Environmental Protection (EP). d. Rural (RUR). 3. The above named Use Zone Tables in Schedule C are further amended by adding the 12 following use to their respective ·-discretionary uses .. lists: "means ,4"conveyance of products of mineral working. mining or petroleum extraction, such as by overland conveyor. highway trucks. o.fl-highw{{V trucks. and pipelines·-: 4. The above named Use Zone Tables in Schedule C are further amended by adding an additional Condition in each as follows: ·'See Section 6.2.13 Minerals, Mining and Petroleum Exploration and Extraction". 13 Town Seal TOWN OF ST. GEORGE'S Dated a& .Gec I Ct~5 this ~ day of 'Q.i q J'Jt A.O. 20-~ CJ~~:---_ - ,'I\ Mayor, Town of St. George's I, a Member of the Canadian Institute of Planners, certify that this map for the Develapment Regulations Amendment 1-2024 document has been prepared in accordance with the requirements of the Urban and Rural Planning Act, 2000 MCIP Seal Development Regulations/ Amendment REGISTERED Number 4380- aoa,y -oo I Date - - ~'--"'~--~-+-+-'2-c ==~, -t-,--=-,--- Signature -~~""""""'"""c..=--'-"'"'-=--.... ·---- TOWN OF ST. GEORGE'S LEGEND: I ~ -++++-1-+-+-++++-1-+- T'RAI LWA Y -· · ··········· , ..... · ..... ·- PROPOSED SALT MINE LINE TO BE INTERPRETED AS BOUNDARY OF LANDS FOR ATLAS SALT INC. PROJECT. LAND USE ZONES: EP ENVIRONMENTAL PROTECTION MD MIXED DEVELOPMENT PU PUBLIC UTILITY RES RESIDENTIAL RUR RURAL AREA MARKED: IS CHANGED FROM RES TO RUR. o 100 200 300 400 500 metres MAP SCALE: 1:15000 @8.5"Xll" COUNCIL APPROVED 8AUG2024 FOR s.15 URPAREVlEW 19 FEB 2024 CRAFT FOR TOWN REVIEW 21 DEC 2023 TOWN OF ST. GEORGE'S AMENDMENT 1-2024 TO MAPS 1 AND 2 DEVELOPMENT REGULATIONS LAND USE ZONING 2019 - 2029