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25 lands task force, convened by the governor, which noted It is difficult to maintain boundaries of an industrial overlay that the "state has an interest in discouraging conversions zone without specific, intuitive, and clearly marked boundaries of prime industrial lands" (Oregon Industrial Conversion that separate industrial from non-industrial use. Baltimore's Study Committee 2004). Conversely, local governments with MIZOD, for example, is considered successful because it close ties to the business community are often the first to find is based on marine access with at least 18 feet of draft. This out about new private initiatives that may have a regional or criterion set out in unambiguous terms the areas where port statewide impact. and associated industrial operations need to be protected. Conversely, MIZOD has been critiqued because it did not establish effective buffers (for either new development or Process Improvements for Preventing around existing freight facilities) or define what traditional or Resolving Land-Use Conflicts uses should be located therein. The research performed in the NCFRP Project 24 case Although Portland's GLIS set out parameters for areas of studies and previous experience of the project team also protection, the zones at the margin of this sanctuary were uncovered a number of approaches for preventing or resolving viewed as having a less logical function than the sanctuary's land-use conflicts between freight entities and other relevant overall objective and purpose. The ambiguity also led to stakeholder groups. the adjacent community of Linnton's thwarted attempt to instigate a zoning change to allow a downtown mixed-use type development in between its energy cluster components. Improved Planning and Zoning Practices This illustrates that, notwithstanding years of planning and As discussed, land-use planning and zoning usually do not development of an overlay zone, a city adjacent to the overlay adequately deal with freight. Improved planning and zoning can forge ahead with plans that fly in the face of the previous practices must begin with education. The following section planning activities. Linnton was heavily involved in the dis- describes specific tools encountered in the case studies that cussions and meetings that led to the development of GLIS, could be more widely used. so it came as quite a surprise to the energy industry groups Although most cities and counties utilize an "industrial" that this zoning variance was being considered by the city's zoning designation, they generally do not create specific planning commission. zoning categories for freight facilities and corridors. Freight The Linnton example also provides another argument for is industrial activity, yet its impacts are distinct from other ensuring that boundaries that are set around an industrial forms of heavy industry. As an exception to the general rule, cluster should be communicated to outlying communities. some cities have attempted to protect freight through the This would also reduce real estate expectations. At the demar- implementation of "industrial sanctuaries" or "industrial cation point between industrial facilities and residential or overlay districts." These are zoning mechanisms designed to commercial properties, transitional stepped-down zoning preserve land for freight-related land uses and prevent the from one use to another requires careful consideration and encroachment of incompatible uses. Both Portland's Guild's development. In many communities, these areas are some of Lake Industrial Sanctuary (GLIS) and Baltimore's MIZOD the last remaining real estate parcels that can be developed to were based, in part, upon the rationale that zoning change maximize taxable revenues. The demarcation of these areas is requests led to business uncertainty and an inability to secure critical to ensure that any overlay zone retains its contiguity continued funding for some of the freight facility components and efficacy, and so that cities and counties can continue to because of the loss of contiguity of this area. ensure development of their tax base. Industrial sanctuaries and overlay zones can overcome Industrial sanctuary zones are a tool that could be more some of the shortcomings of the lack of specific freight- frequently incorporated into the city/county's comprehensive related zoning categories, but they have limitations. The most plan as a policy element. Portland, for example, adopted noticeable of these is that the overlay zone may not effectively the GLIS vision statement, policies, and objectives into its protect the corridors that lead into the overlay zone. MIZOD comprehensive plan. This is critical to continued long-term was heavily critiqued for this limitation by local consultant planning for freight and will help to ensure that when the groups reviewing its effectiveness. MIZOD was found not comprehensive plan is updated, freight will still have a seat to consider or address off-dock and off-port land use that at the table. facilitates and supports port growth and expansion. Another In addition to industrial sanctuaries and overlays discussed limitation to overlay zoning is that it does not protect other above, other zoning mechanisms can be used to facilitate freight facilities that may not be geographically contiguous to freight initiatives. Property developer CenterPoint benefited the overlay but are a necessary component within the overall by the Ellwood, Illinois, creation of a new I-4 flexible zoning supply chain. designation for manufacturing and distribution that enabled
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26 the development to proceed. This designation laid out a plan activities, it has not yet borne fruit. According to the city's for container storage expansion through a new ordinance. The zoning code website, as of November 2010, it had not yet public-private partnership process can lead to the development made any changes to its zoning code regarding freight and land of better understanding of freight needs and, subsequently, use as recommended by ARFMP. to the development of effective tools for codes and zoning. Many regions throughout the country are involved in A final note on overlay zones, industrial sanctuary zones, regional visioning processes at one time or another. These and other zoning tools is that, while they can be a very useful processes tend to be voluntary efforts involving cooperation means for preventing conflicts, they cannot be used to mitigate among various public and private stakeholders. They can for conflicts already in existence. be led by regional governance groups, such as COGs, or by One way to ensure that freight planning occurs more often private entities, such as chambers of commerce. These efforts and more thoroughly at the local level is by amending state typically look at future scenarios involving various land-use codes to include freight as one of the required elements of local and transportation choices for the region, but they generally general and comprehensive plans, not just as a transportation do not expend much effort examining freight, nor are freight issue but as a land-use issue, preservation topic, and economic stakeholders usually heavily involved. If freight stakeholders development goal. become more closely involved in visioning processes, and if visioning processes include freight as a key issue, these visions could help to direct local land-use and transportation decisions Cooperative Regional Planning for decades to come. One key outcome of a regional visioning It was clear from the case studies that planning for freight process is educating stakeholders about the long-term impli facilities cannot be delegated to a single entity, and it is required cations of various decisions; a regional vision could be a sig- across multiple levels of government--from the state level nificant tool for educating land-use decision makers about to the local level. Because of the far-reaching effects of local the importance of planning for freight. decisions on geographically extended supply chains and other economic activity, preservation of freight corridors and facili- Improved Notification Procedures ties typically needs to transcend the local level and take into account these wide-ranging considerations. The preservation Conflicts between freight and other land uses often arise and revitalization of the Staten Island Railroad is an example because of lack of notice and the creation of investment-backed of a long-term priority held by multiple state and local par- expectations. Improved notification in various settings could ties whose continued engagement led to a successful output. help prevent or mitigate many types of conflicts. For example, Similarly, the establishment of Baltimore's MIZOD was real estate contracts and other notice documents could include assisted by the participation and support of the Maryland DOT, sections discussing the possible freight-related impacts that which runs the port, and the State of Maryland. Maryland had may occur as a consequence of living in proximity to freight invested heavily in the port and had a strong vested interest activities. in seeing the port remain viable into the future. City and state Notification to communities that are in proximity to a freight planners also were aware that if existing assets at the port facility or corridor also forms a subset of communication, as were not preserved, the port had no other alternative but to well as planning and permitting processes. In the discussion that shrink in size and scope. Since not all ports, airports, truck surrounded the continued utilization of Baltimore's MIZOD, and rail yards, and corridors will be able to garner support for press releases from Baltimore City planning staffers indicated long-term planning and across-the-board funding, this may that better management of buffer zones was needed, requiring limit the transferability of MIZOD to other areas. At the same the addition of language into real estate contracts noting that time, other areas may not have the specific limiting factors that one may live near a freight facility. Maryland faced in terms of access to deeper draft channels Similarly, the Joliet and Austell case studies highlighted and dredging constraints. how intermodal facilities can impact a community and must When freight plans are created at the state, regional, or local be addressed both through communication and, at some levels, level, they typically focus on transportation needs and pay through notification to the community about impacts. Austell little attention to land use. The best example of comprehensive provides an example of how a project that seemed to be a regional planning studied was ARFMP. Although a milestone solution to a problem quickly turned into another problem, in terms of its complexity, partnering, and communication with concomitant costs in litigation fees and other required efforts, Atlanta's regional freight plan still only devotes a total permitting and mitigation engineering activities. of five pages to land use. The plan recommended that land- When overlay zones are created, planners also need to be use and zoning codes should be amended. However, if this aware that goods movement and the freight industry are dy- recommendation was to be a springboard for better land-use namic and may require future land-use components to tie
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27 into the existing industrial/freight area, yards, facilities, or In many instances, prime opportunities for freight-related corridors. Forward planning--such as that performed by Will acquisition have come from the base realignment and closure County in Illinois regarding the Joliet facilities, including the process undertaken periodically by the U.S. military. Multiple creation of the cargo container storage model ordinance-- military sites that were closed following the end of the Cold provided certainty among the multiple parties involved in War were redeveloped as freight facilities. Examples include developing future acreage for capacity improvements. This San Antonio and Austin, Texas; Rickenbacker, Ohio; Richards also provides an element of notification that this area will Gebaur Air Force Base in Kansas City, Missouri; the 440th Air continue to have freight activity and that any purchases of Reserve Base in Milwaukee, Wisconsin; and Alameda Navel property should be made bearing this in mind. Air Station in Alameda, California. The EPA's Turning Bases As part of improved notification, mapping of freight into Great Places: New Life for Closed Military Facilities was facilities and corridors needs to be improved. Maps that have produced to aid communities in redeveloping these sites. been created within local jurisdictions, MPOs, COGs, and The Joliet Arsenal case study is an example of successful state DOTs, to show the location of the components of the redevelopment. Although the success rate of conversion from freight facilities and networks, could be amalgamated together military to freight use is far from perfect, these sites often for future utilization by both planners and developers. make logical freight/industrial development platforms because Given the extreme costs of developing geographic informa- they have already been through an environmental remedial tion system (GIS) components from scratch, freight groups process during closure, are already zoned for a heavy indus- could become a partner in improving the freight mapping trial type of activity, and have buffers from residential use. process. In many instances, freight groups already have ARFMP highlights the benefits of donation of private in-house GIS layers that show where their routes, yards, and sector groups' time and efforts to a planning process. In the case facilities are located geographically. They also have knowl- of Atlanta, the representation of freight groups on the boards edge of bottlenecks and other elements that are necessary for and committees that advised the planning process also led to business functions (e.g., truck rest areas). However, it is recog- the development of projects to mitigate some of the conflicts nized that access to maps is a contentious issue given the fact that arose because of land-use and freight activity inter- that once maps are provided to state, local, or federal agencies sections. Task force participants created a list of congestion they become part of the public record and are subject to bottlenecks along with suggested remedies. This led to the Freedom of Information Act rules. Security concerns may also formation of the regional priority freight highway network. play a part here, since freight groups may be wary of provid- As the priority freight highway network was developed, it also ing detailed mapping information, especially for hazardous led to improved knowledge of how corridors contributed to materials, because of the potential for terrorist threats against the region's economic geography. This led to the discussion infrastructure. of how this should be a crucial consideration for network Although freight entities may be hesitant to share confiden- and land-use management. Donating the time of staffers and tial maps with others, their knowledge could be very useful expertise into the planning process by the freight segment to planning entities when comprehensive plans are created delivers multiple benefits and can lead to policy and planning or updated. Such mapping would also begin the process changes. of teaching the general public about freight itself and shifting the public mindset toward thinking about how freight affects Resolving Communication Challenges their individual lives and communities. It also would provide planners with specific knowledge of facilities to reduce the The case studies uncovered a number of specific communi- permitting and variance requests that often lead to residential cations challenges that needed to be overcome in the process development being placed into proximity with freight activities. of preventing or resolving land-use conflicts. Some of these challenges were met more successfully than others. In the example of the Staten Island Railroad, one of the Innovative Funding Practices largest communication challenges was in conveying the To deal with the lack of funding for freight planning, indirect congestion benefits to citizens in New Jersey who did preservation, acquisition, and other activities, innovative not expect to realize the more tangible job creation benefits of practices are needed to leverage investments. First, the entity the project. Delivering a freight-supportive message is espe spearheading the preservation strategy must secure the right cially complicated for areas that are already split between and standing to become an investor. Certainly, New York's freight and non-freight use. In the case of MIZOD, Baltimore and New Jersey's statutory right of first refusal for potential has areas around the port that have been redeveloped into railroad abandonments was a key factor in the successful mixed-use and residential developments. Residents around reinstatement of the Staten Island Railroad. the harbor could not see or understand the difference between