Official Plan Amendment Setbacks from Railway Operations

Transcription

1 Official Plan Amendment Setbacks from Railway Operations August 12, 2015

2 Send your comments to: Krista Libman, Planner City of Ottawa Planning and Growth Management Tel: ext Website: ottawa.ca/publicconsultations 2 Official Plan Amendment: Setbacks from Railway Operations

3 Table of Contents Introduction... 4 Background... 4 Provincial Policy Statement (2014)... 5 Guidelines for New Development in Proximity to Railway Operations... 5 Rail Corridors in Ottawa... 6 Proposed Amendments to the Official Plan... 6 Next Steps How to Provide Input Official Plan Amendment: Setbacks from Railway Operations

4 Introduction The purpose of this Discussion Paper is to: Outline the updated policy framework for railway corridors in the Province of Ontario Present information on the current policy framework for railways in the City of Ottawa Present information on the current and potential railway operations in the City of Ottawa, and Propose an amended policy framework to respond to the Provincial Policy Statement (2014) and the Guidelines for New Development in Proximity to Railway Operations. After reading this paper, we hope that interested stakeholders will join the discussion. The future use of the railway rights-of-way within the City of Ottawa is difficult to predict, however the value of these linear corridors for transportation uses is recognized. Since their inception, railways have transported a variety of goods and people. The type and amount of commodities transported by rail is continually changing in Canada. The transportation of dangerous goods and the potential for disastrous effects in the event of a derailment have raised consciousness of the safety issues surrounding railway corridors. Setbacks are required for all rail operations. A commuter train derailment at higher speeds may have locomotives and coaches travelling farther off the track than a slow-speed freight derailment would, and the future use of the corridor can change over time. Light rail is not considered in this discussion paper. Setback requirements for this type of rail use would be determined through the Environmental Assessment process. Background In May 2013, the Federation of Canadian Municipalities together with the Railway Association of Canada published Guidelines for New Development in Proximity to Railway Operations. The Guidelines were published in response to the steady development of commercial, industrial and residential uses in proximity to railway operations as well as the steady growth of passenger and freight operations on railways. They recommend a 30 metre setback and a 2.5 metre earthen berm in many cases. The Provincial Policy Statement (2014) includes expanded direction to municipalities to protect transportation corridors for future use. At the same time, populations along rail corridors continue to grow, and the City continues to actively position rail as a preferred mode of transit. There are currently no planning policy and/or tools available to the City to provide protection from development encroachment along all heavy rail corridors (active or inactive). Setbacks are intended to preserve the long-term intended use of the corridors and to address safety concerns. 4 Official Plan Amendment: Setbacks from Railway Operations

5 Provincial Policy Statement (2014) The Provincial Policy Statement (2014) (PPS) details several requirements for planning authorities with regard to defined transportation and infrastructure corridors. It requires municipalities to plan for and protect corridors and rights-of-way for infrastructure, including transportation, and transit to meet current and projected needs. The PPS also requires protection from development in planned corridors that could preclude or negatively affect the use of the corridor for the purpose(s) for which it was identified. Language added through the 2014 PPS review required new development proposed on lands adjacent to existing or planned corridors and transportation facilities to be compatible with and supportive of the long-term purposes of the corridor. Lastly, the PPS encourages the preservation and reuse of abandoned corridors for purposes that maintain the corridor s integrity and continuous linear characteristics. The Official Plan does not currently fully respond to these policy directions. Guidelines for New Development in Proximity to Railway Operations The Guidelines for New Development in Proximity to Railway Operations (the Guidelines) strongly recommend that municipalities take a proactive approach to identifying and planning for potential conflicts between rail operations and new developments in proximity to railway corridors. The main objective of the Guidelines is to mitigate railway-oriented impacts such as noise, vibration and safety hazards, to ensure that the quality of life of a building s residents and users is not negatively affected. The guidelines are intended to be applied primarily to new residential development but may also be useful for all other types of new development. Since the early 1980s, Canadian railways have promoted a 30 m setback and berm criteria as a safety measure for development along rail corridors. The Guidelines clarify the origin of the 30 m setback and berm, as follows: These measures have been developed based on a detailed analysis of past incidents and derailments by the railway industry for our first guidelines in The 30 m setback with berm was devised by a careful analysis of aerial photographs of derailments. It was determined through this analysis that 30 m, with a berm, was a minimum safe distance for derailments. It must be mentioned, however, that a 30 m setback will not afford protection in the event of a catastrophic event involving hazardous materials. (Ref 47). Though reduced setbacks can be considered in combination with alternative safety measures including crash walls, grade separation or increased height of the safety berm, the standard recommended building setbacks for new residential development in proximity to railway operations are as follows: 5 Official Plan Amendment: Setbacks from Railway Operations

6 Freight Rail Yard 300 metres Principle Main Line 30 metres Secondary Main Line 30 metres Principle Branch Line 15 metres Secondary Branch Line 15 metres Spur Line 15 metres The Guidelines recommend that municipalities should establish minimum setback requirements through a zoning by-law amendment. Setbacks are justified for other sensitive land uses as well. Rail Corridors in Ottawa Of the rail corridors in Ottawa, some carry active rail service, while others are currently abandoned and may support interim uses, such as multi-use trails; some are City-owned while others are owned by VIA, CNR or CPR. The future use of these corridors is difficult to predict, however the value of these linear corridors for transportation and utility use is recognized in the Official Plan. Proposed Amendments to the Official Plan The following changes are proposed to the text and schedules of the Official Plan: Section / Transportation The City will purchase surplus railway rights-ofway and select utility (i.e. hydro line) corridors and will consider purchasing spurs, and other associated railway corridor properties as they become available, for use as future transportation and utility corridors. When such rights-of-way are acquired, recreational and agricultural uses may be permitted as interim uses. Future use Insert the following after the first sentence: In order to protect active existing and potential future rail corridors for transportation use the City will regulate the development and use of land adjacent to these corridors to ensure that the continuation, future safe introduction or reintroduction of railway uses to the corridors remains possible. PPS Compliance: To introduce the concept of regulating adjacent land uses for the protection of potential future railway uses. 6 Official Plan Amendment: Setbacks from Railway Operations

7 Section / as a transportation or utility corridor will have priority over any permitted interim uses. Provision will be made for recreational uses to continue wherever possible. 3.1 Generally Permitted Uses Existing policies regarding uses that are considered to be characteristic and supportive of the daily life and functioning of the community and are permitted in all land use designations, subject to the policies included in Section 3.1. Add a new sub-heading and policies: Railways and Transportation Corridors 17. There are several identified rail corridors within the City of Ottawa, as well as the Prince of Wales Bridge. These corridors have a number of owners and/or operators including the City of Ottawa, the Canadian National Railway (CN) and VIA Rail Canada (VIA). Protection of these corridors from incompatible development and providing public safety adjacent to these corridors is a priority of this Plan. Proponents of new development within 300 metres of a rail corridor or potential rail corridor will: PPS Compliance: To recognize the need to regulate adjacent land uses to protect potential future railway uses. Implementation of the Guidelines: To require development applicants to provide information regarding setbacks from railway operations; to authorize the Zoning Bylaw to require minimum setbacks from existing and future railway corridors; to establish criteria for reducing minimum setbacks required by the Zoning By-law. a. consult the appropriate owner and operator of the rail line; 7 Official Plan Amendment: Setbacks from Railway Operations

8 Section / b. ensure that the appropriate setbacks and mitigation measures (which may include a combination of the provision of a berm, a deflection barrier, fence or similar physical measures) are incorporated into the development; and c. place a notice on title alerting future purchasers of the present or potential future use of the corridor adjacent to the property. 18. In order to maintain flexibility in the use of active existing and potential future rail corridors and to protect adjacent lands along those corridors the City may, through the Zoning By-law, require minimum setbacks between new buildings or land uses and the existing and the potential rail corridors, identified on Annexes XX and XY. 19. The setback required by the Zoning By-law may only be reduced where suitable alternative measures are provided that achieve the same standard of protection. In considering such requests to reduce the setback the City will 8 Official Plan Amendment: Setbacks from Railway Operations

9 Section / consult with the rail corridor Owner/ Operator. The information provided in support of a different setback may include, but will not be limited to: a) information regarding existing land uses that will limit the future use of the corridor for rail use; b) information regarding grade separation between the transportation or rail corridor and the proposed development; c) information regarding an alternate technology for deflection; or d)other information limiting the future use of the corridor. 4.8 Protection of Health and Safety Existing table with policies for adjacent designations and in which locations action is required. Add three rows to the table: 1) Consult the appropriate railway company; Implementation of the Guidelines: to require setbacks and mitigation in accordance with the Zoning By-law 2) Setbacks and mitigation measures in conformity with Zoning By-law; To increase public awareness of active and potential railway corridors. 3) Notice on Title. D Rapid Transit and Transit Priority Current Designation: Abandoned Railway Corridor shown in green Remove this designation from the, and show the three green lines on the map (South Kanata and Stittsville, To change the perception that these corridors will stay abandoned or remain 9 Official Plan Amendment: Setbacks from Railway Operations

10 Section / Network southwest of Leitrim and north of the Mer Bleue Bog and Navan) as a background grey dashed railway line. passive in function. Annex 1 Road Classification and Rights-of- Way As currently worded the City may acquire additional rights-of-way only for existing rail corridors. 7. Rail Crossings The City may also require additional rights-of-way where there is an atgrade crossing of a city road and an active existing or potential future railway corridor. This land will be in the shape of a triangle, at each corner of the crossing. Where a road and railway line or potential future rail corridor cross, the maximum length of the triangle along the road will be in the range of 170 metres, and the maximum width of the triangle measured from the road will be in the range of 15 metres. This land may be used to construct a grade-separated crossing at some time in the future. Detailed City-approved engineering requirements will establish the exact requirements for such planned widening of various types of roads where there is an active existing or potential future rail line crossing. To allow the City to acquire lands in additional circumstances. Annex X Rail Corridors This is a new Annex. To identify current active and potential future railway corridors for the 10 Official Plan Amendment: Setbacks from Railway Operations

11 Section / purposes of policies in Sections 3.2 and 4.8. Next Steps Following the completion of the Official Plan Amendment process, it is expected that a more detailed zoning study will begin. The zoning study will look in detail at the active and unused corridors to determine the appropriate setback requirements for specific locations along the corridors. How to Provide Input We encourage all interested parties to get in touch with us with their views for, against and about Setbacks from Railway Operations. Krista.Libman@ottawa.ca Krista Libman Setbacks from Railway Operations City Hall 110 Laurier Avenue West, 4 th Floor Mail Code Ottawa, ON K1P 1J1 Fax: (613) ottawa.ca/publicconsultations 11 Official Plan Amendment: Setbacks from Railway Operations