National Academies Press: OpenBook

Preserving and Protecting Freight Infrastructure and Routes (2012)

Chapter: Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors

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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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Suggested Citation:"Chapter 7 - Zoning Activities Related to Freight Facilities and Corridors." National Academies of Sciences, Engineering, and Medicine. 2012. Preserving and Protecting Freight Infrastructure and Routes. Washington, DC: The National Academies Press. doi: 10.17226/14650.
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45 There are many zoning tools that cities are already utilizing that can aid in creating a sensible development environment for residential and other developments that are sensitive to noise, vibration, or safety, or for development that is adjacent to freight facilities and corridors. Across the United States, cities and counties (if they are authorized) enact zoning rules to regulate how development activities will be carried out within their territorial jurisdictions. According to New York City Zoning shapes the city. Zoning determines the size and use of buildings, where they are located and, in large measure, the densities of the city’s diverse neighborhoods. Along with the city’s power to budget, tax, and condemn property, zoning is a key tool for carrying out planning policy (New York City Department of City Planning 2010). A number of factors have contributed to deficiencies in zon- ing, lot design, and the development of land uses that should be considered “sensitive” when they are placed in proximity to freight corridors and facilities. These include the following: • The historical lack of interaction between the freight industry and local and state planning entities; • The lack of education about freight facilities, their needs, and potential impacts from their activities; and • The role of developers in projects that do not take freight activities into account. For many years, the freight industry was not involved in land-use planning decision meetings and did not regularly interact with local and state planning organizations. More- over, many planners have not had adequate training on freight issues in their formal education. By not properly con- sidering freight issues, the developer community also could be considered the third leg of the stool contributing to the problem of incompatible land uses in proximity to freight corridors and facilities. Overview of Zoning Approaches There are the following three main types of zoning: 1. Euclidian zoning, which strictly separates out the uses of land. This is the most common form of zoning in the United States and is probably the most intuitive and easy- to-interpret type of zoning. In many instances, the elements under this type of zoning are cumulative. Figure 7-1 provides an example of Euclidian zoning. 2. Performance zoning, which is a goal-oriented system that often will use “points.” Performance zoning gives planning staff a fair amount of latitude in how they conduct activities, and it is not strictly focused on uses, but rather on output. This type of zoning is rare in the United States. Figure 7-2 provides an example of performance zoning. 3. Form-based codes, which are a new type of zoning that has been promoted over the past 20 years by New Urban- ist planners. This type of zoning uses transects and pattern books, and has a unified code and a regulating plan. Similar to performance zoning, the focus is not on use but on form. This type of zoning has gained traction in the United States, with Miami, Florida, and the small town of Jamestown, Rhode Island, adopting the use of form-based code in late 2009 (Lydon 2009). Figure 7-3 provides an example of form-based codes. The purpose of zoning is to protect and promote the public health, safety, and general welfare of a jurisdiction. Zoning also is utilized to implement the policies of the general plan, comprehensive plan, and other long-range plans by classifying and regulating land use and structures in specific areas. For example, Pasadena, California, notes that for the purpose of implementing its comprehensive plan, it is the intent of the city’s zoning code to • Provide standards for the orderly development of the city and continue a stable land-use pattern; C h a p t e r 7 Zoning Activities Related to Freight Facilities and Corridors

46 Figure 7-1. Euclidian zoning (Bucks County, Pennsylvania 1987). Figure 7-2. Performance zoning (City of Shelbyville, Indiana 2004).

47 Figure 7-3. Form-based codes (Center for Applied Transect Studies).

48 • Conserve and protect the historical integrity of neighbor- hoods; • Maintain and protect the value of property; • Ensure the provision of adequate open space for light, air, and fire safety; • Promote the economic stability of existing land uses that conform to the general plan and protect them from intru- sions of harmful or inharmonious land uses; • Ensure compatibility between land uses; and • Encourage a pedestrian-friendly community by promoting a mix of land uses and pedestrian-oriented development in commercial areas (City of Pasadena, California 2005a). Under Pasadena’s zoning code, most jurisdictions are divided into basic zoning districts. These usually are residential (R), commercial (C), manufacturing (M), industrial (I), public and semi-public use (PS), agricultural (A), and temporary uses (T). Generally, these districts are then divided into various differing density districts. The zoning districts typically regulate • Permitted uses listed in one or more of the use groups; • The size of the building in relation to the size of the zoning lot, which is commonly called the floor area ratio (FAR); • For residential uses, the number of dwelling units that will be permitted, open space requirements for the lot, and the maximum amount of the lot that can be covered by a build- ing (called lot coverage); • The distance between the building on the lot and its front, side, and rear lot lines; • Any parking requirements; and • Other features that may be specifically applicable to the dif- ferent types of districts (City of Pasadena, California 2005b). There are many zoning elements that cities use to accom- modate residential and other developments that are sensitive to freight externalities such as noise, light, vibration, and safety issues. States with strong building codes (e.g., California, Florida, Massachusetts, Michigan, and New York) also use these as a mechanism to reduce noise and vibration where properties may be situated by high-volume freight corridors or facilities. In many instances, airport land-use plans have developed construction requirements to achieve sound-level reduction and have produced guidebooks and other useful instructional material to assist the city as they issue develop- ment permits. Table 7-1 provides recommended zoning approaches for dealing with freight issues. The following sections provide brief discussions of these approaches. More detailed discussions can be found on the EnvisionFreight website at http://www. EnvisionFreight.com/tools/default.aspx?id=zoning. Cluster Zoning Cluster zoning (sometimes called residential cluster devel- opment) is a method of land development in which structures are grouped together on a site to save the remaining land for common open space, often for conservation, recreation, and public uses. Cluster zoning could also be used as a tool Zoning Activity Examples Lot depth and width Anaheim, CA American Canyon, CA Bakersfield, CA Buffer areas and non-access easements Portland, OR Slinger, WI Juneau, AK Wheaton, IL Long Lake, MN Empire, WI Container storage Will County, IL Restricting freight activity hours Pasadena, CA Peoria, AZ Delineating truck routes San Francisco, CA Hazardous material routing Boston, MA Overlay zones Baltimore, MD Benton, OR Jacksonville, Duval County, FL Portland, OR Urban noise level information and zoning restrictions Pasadena, CA Noise abatement design criteria The Crossings at Anaheim, CA Airport noise restrictions Portland, OR Airport influence overlay districts and noise disclosure form Arapahoe County, AZ Table 7-1. Recommended zoning approaches for accommodating freight activities.

49 to create common open space between the freight facility or corridor and residential development and reduce some of the nuisance elements that may concern residents. As an example to show how cluster zoning could improve a site where residential development is close to a shared freight/ commuter rail line and highway, see Figures 7-4 and 7-5. These figures highlight how cluster zoning could have created a buffer area between the right of way and residences. The American Planning Association has a model cluster zon- ing ordinance on their website for cities and counties interested in utilizing this tool (American Planning Association 2006). Lot Depth Lot depth is one critical area in which cities can reduce conflict where residential or other sensitive land uses may be developed adjacent to freight corridors and facilities. By increasing lot depth beside these rights-of-way, the city can create an element of buffering between the residential use and the freight activity that may generate noise, vibration, dust, and pollution up to 24 hours a day in many cases. The lot depth increase is either stipulated in actual feet or as a percentage increase in depth. In some instances, lot depths adjacent to limited-access highways or railroad rights-of-way also include some type of treatment—for example, the plant- ing of trees and shrubs in a non-access easement to mitigate noise and vibration. For example, in 2004, Anaheim, California, enacted Ordi- nance 5920, in which single-family residential lots adjacent to railroad rights-of-way must have a specified minimum depth as follows: Single-family residential lots adjacent to all arterial highways . . . or railroad rights-of-way shall have a minimum depth of one hundred twenty (120) feet and shall not take vehicular access from the arterial highway (City of Anaheim 2004). American Canyon, California, requires a 20 percent increase in depth for lots adjoining state highways or railroads (Title 19 Zoning, Division 2 Zoning District Permitted Uses and Development Standards). Bakersfield, California, (Title 16 Sub-Division, Chapter 16.28 Design Standards) requires that the minimum depth for a lot with a rear yard abutting a free- way or railroad right-of-way is 120 feet and that the minimum width for a lot with a side yard abutting a freeway or railroad right-of-way is 85 feet on interior lots and 90 feet on corner lots. Setback Standards Setback standards are another zoning element for new and infill developments that can reduce conflicts because of the proximity of incompatible land uses between freight facilities and corridors and non-freight uses. For example, the California Air Resources Board developed “Air Quality and Land Use Handbook: A Community Health Perspective,” in Source: UT-CTR. Figure 7-4. Residential area adjacent to rail and highway.

50 2004. The handbook reviews various transportation modes and freight activities and proposes site separation distances. For freeways and high-traffic roads, the combination of children’s health studies and distance-related findings suggest that it is important to avoid exposing children to elevated air pollution levels immediately downwind of freeway and high-traffic roadways. The handbook suggests a substantial benefit can be achieved by a 500-foot separation. For distribu- tion centers, the handbook reports that taking into account the configuration of the distribution center can reduce pollution exposure, and recommends locating any new sensitive land uses away from the main entry and exit points to reduce cancer risk and other health impacts. Specifically, it is recommended to avoid siting new sensitive land uses within 1,000 feet of a distribution center that accommodates more than 100 trucks a day or more than 40 trucks that have transportation refrigera- tion units. Similarly, for rail yards, the area of highest impact was found within 1,000 feet of the yard. Other recommended minimum setback standards compiled by the research team can be found in Table 7-2. Buffer Zones and Non-Access Easements Another method to minimize noise, vibration, and any environmental effects between freight and non-freight uses in close proximity is the use of buffer zones within setback areas. The buffer zone has no development on it and is often planted with various types of vegetation. Many cities have standardized their zoning for creating a buffer between incompatible uses. For example, Portland, Oregon, uses buffer zone overlays between non-residential and residential zones. This zoning can be used when the base zone standards do not provide adequate separation between uses. The separation can include restricting motor vehicle access and/or requiring increased setbacks and additional land scaping. In some instances, this separation also requires proof of mitigation for uses that can cause off-site impacts and nuisances. This is marked on official zoning maps with the letter B. The zone is applied along the edge of the non- residential zone abutting or located across the street from a residential zone. Within industrial zones, any classification of street can be considered; in commercial zones, the street must be a local service traffic street. The setback required in commercial zones is 10 feet, with landscaping required along all lot lines that are across a local service street or abut the rear-lot line for residential zoned land. In employment and industrial zoned areas, the setbacks are required to be 20 feet and landscaped along all lot lines within the overlay zone. Figures 7-6 and 7-7 show how this zoning should be applied in practice. In October 2007, Slinger, Wisconsin, adopted a new design standard regarding the treatments around existing or planned limited access highway and railroad rights-of-way for new Figure 7-5. How cluster zoning could improve residential area adjacent to rail and highway. Source: UT-CTR.

51 Residential Mixed Use School, Hospital, Residential Day Care Facility** Commercial Industrial Primary freight corridor 250 200 250 100 15 Secondary lines (rail) and major arterials (trucking) 150 150 250 50 10 Passing spurs/small branch lines (rail) 100 100 150 50 10 Rail yard 150 150 150 50 - Intermodal facility 100 100 150 50 - Port facility 150 150 250 50 - Air Cargo facility*** 10,000 10,000 10,000 10,000 - Source: Christensen Associates, UT-CTR, Pett, and Grow & Bruening. Notes: * Setback standards should be amended depending on speed, weight, and type of cargo carried by freight components, as well as width of right-of-way (ROW) and the day night average sound level (DNL) 65 noise contour. This will also allow for changes to be made to zoning code if freight activities increase or diminish. ** The City and County of Denver zoning code for hospital districts does not allow railway right-of-way as a permitted use beside schools/hospitals. Researchers consider this to be too exclusionary for all jurisdictions and leave this up to individual municipalities/counties to address. *** Cities should check with individual airports to determine where any easements have been created, and any airport influence zones, and also should delineate out the 65 DNL contour and flight path approaches as they consider permitting any projects. This recommendation is based on distance to existing or planned runway approaches at a regional, commercial, or air-freight airport. Table 7-2. Recommended minimum setback standards for a municipality to consider in zoning around freight facilities and corridors (in feet).* Source: City of Portland. Figure 7-6. Buffer for commercial-zoned areas.

52 land division or condominium development adjacent to these rights-of-way. The new standard included a non-access ease- ment and planting area of at least 50 feet in depth adjacent to the highway or railroad right-of-way. The design standard required that the village zoning ordinance for minimum lot depth should be increased by 50 feet to accommodate the non-access easement. This non-access easement and planting area shall be a part of all lots and shall have the following restriction lettered on the face of the plat or certified survey map: “This area is reserved for the planting of trees and shrubs. No access shall be permit- ted across this area. The building of structures, except public or private utility structures and fences, is prohibited hereon.” (Village of Slinger, Wisconsin 2007). Juneau, Alaska, has a similar easement restriction requiring a planting strip of at least 30 feet in addition to the usual lot depth when subdivision lots are located adjacent to a limited- access highway or railroad. Likewise, Wheaton, Illinois, requires that where . . . a subdivision borders on, or is traversed by, a railroad right-of-way or federal or state highway, the city council may require a street on one or both sides of such right-of-way or highway approximately parallel to and at a distance removed suitable for the appropriate use of the intervening land for (1) Park purposes; or (2) Off-street parking, business, or other uses as permitted by the zoning ordinances; or in lieu of a street it may require deep residential lots with a visual barrier established in a nonaccess reservation strip along the rear property lines (City of Wheaton, Illinois 2001). The Long Lake, Minnesota, design code states that in a subdivision abutting or containing an existing or planned major arterial or railroad right-of-way . . . a street approximately parallel to, and on each side of such arterial and right-of-way, may be required for adequate protection of adjacent properties and separation of through and local traffic. Such service streets shall be located at a distance from the major arterial or railroad right-of-way suitable for appropriate use of the intervening land, as for park purposes in residential districts, or for commercial and industrial purposes in appropriate districts. Such distances also shall be determined with due regard for the requirements of approach grades and future grade separations (City of Long Lake, Minnesota 2002). Within the design standards of its land division ordinance, Empire, Wisconsin, also restricts the design and placement of vehicular access and streets around railroad rights-of-way. When a proposed land division either contains or is adjacent to a railroad right-of-way, the design is required to provide the following treatments: • For residential lots that back upon the right-of-way of an existing or proposed railroad, a written restriction noting that direct vehicular access to the right-of-way is prohibited • Commercial and industrial districts are required to provide a street on each side of the railroad that is approximately parallel to, and at a suitable distance from, the railroad for the appropriate use of the land between the parallel street and the railroad, which is not less than 150 feet. • Parallel streets to the railroad right-of-way, which intersect a major street, highway, or collector street crossing the Source: City of Portland. Figure 7-7. Buffer in employment and industrial zones.

53 railroad, are required to be located at a minimum distance of 250 feet from the railroad right-of-way. • The avoidance of building minor streets immediately adjacent and parallel to railroad right-of-way. • When a lot within land divisions backs onto the railroad right-of-way, then there is a required planting strip (land- scape bufferyard easement) of at least 35 feet in addition to the normal lot depth. The planting strip is incorporated into the platted lot but must include the following written restriction on the face of the plat: “Landscape Bufferyard Easement: This strip is reserved for the planting of trees and shrubs. The building of structures is prohibited.” (Town of Empire, Wisconsin 2010) There are many examples of buffer zones being created around airports, and where airports have purchased property to create better landing approach zones and reduce the number of properties that are close to the airport. Ports also have created buffer zones through the use of yard re-development plans and through the purchase of property. The Port of Panama City in Florida, for example, has some modest prob- lems with encroachment on the east side of the port. There is significant residential development and, for a long time, the port has had a policy of buying out homes on the eastern side and demolishing houses in order to create a buffer zone. This process has been going on for at least 10 years. The policy started with the intention of using these properties for future port expansion. However, as the port continued to develop, it became clear that the highest value for this property was to provide a buffer so that future problems with land-use conflicts would not arise. Buffer zones are not a perfect solution for every problem. California’s Air Resources Board (CARB) reviewed various options for using “generic buffer zones” around rail yards and port facilities (Tuck 2004). The California Council for Environmental and Economic Balance (CCEEB), in a review session for CARB, noted that community residents and busi- nesses have an interest in ensuring that local governments do not create incompatible land uses in the future through today’s land-use control practices. CCEEB reviewed the option of using buffer zones for different land-use source categories based on worst-case assumptions. CCEEB noted that determining an appropriate distance limitation in light of site-specific factors presents multiple challenges and outcomes. Most importantly, using overly generic buffer zones around specific land uses based on worst-case assumptions can lead to zoning that is more stringent than required, wastes land, limits tax revenues, and takes land away from needed social and economic purposes (Tuck 2004). Similar criticisms also were discussed in reviews of Baltimore’s MIZOD. Container Storage Zoning Ordinance As major intermodal hubs grow, the need for storage of cargo containers also grows. In 2006, it was expected that at least another 200 acres would be needed for future cargo container storage in the Joliet Intermodal Center south of Chicago in Will County. In site project development, it was noted that both users of the intermodal facilities and neigh- bors of the facilities (e.g., residential) would ideally like to see any cargo container facilities located as close as possible to the intermodal facilities. It was further noted that not only would such a location enhance the efficiency of intermodal operations, but it would minimize the negative impacts on surrounding areas (Will County, Illinois 2006). As a consequence, in 2006, Will County developed a model ordinance for the storage of containers that is designed to avoid or mitigate conflicts with other land uses and also allows for anticipated future needs for cargo container stor- age (Will County, Illinois 2006). The model ordinance was expected to serve as a template for governmental units within the county to use as they draft or revise their own ordinances. The model ordinance also was accompanied by a Cargo Container Facility Checklist that could be used by county staffers. Among other things, the model ordinance addresses typical encroachment issues such as location of facilities, distances from other land uses, noise and lighting issues, and screening and landscaping requirements. Restricted Hours for Truck Activities Other communities also have implemented special hours for loading and unloading of trucks. For example, Peoria, Arizona, has made it unlawful to operate a truck on certain designated roadways between 9 p.m. and 5 a.m. Violations of this ordinance can result in a $250 fine (City of Peoria 2005). Delineating Truck Routes, Including Routes for Hazardous Materials Some cities also specify truck routes based on weight, height, or other community concerns. It should be noted that these routes are advisory only and are not regulatory. Many of the large ports in the United States have created spe- cific programs to reduce conflicts between local communities and the drayage trucks that access their facilities. For example, the Port of Los Angeles requires all of its port drayage service concession to demonstrate compliance with truck routes and parking restrictions. Licensed motor carriers (LMCs) that apply to become concessionaires . . . shall submit for approval by the Concession Administra- tor, an off-street parking plan that includes off-street parking location(s) for all Permitted Trucks. Concessionaire shall ensure

54 that all Permitted Trucks are in compliance with on-street park- ing restrictions by local municipalities. Permitted Trucks not in service shall be staged off public streets and away from residen- tial districts. Concessionaire shall ensure that Permitted Trucks adhere to any truck routes specified by local and state authorities or the Port, including routes and permit requirements for haz- ardous materials, extra-wide, over-height and overweight loads (Port of Los Angeles 2009). As part of delineating truck routes, some jurisdictions also restrict the routes on which hazardous materials may be transported. In 2006, Boston, Massachusetts, halted all daytime permits for trucks carrying hazardous materials through Boston. The city allowed trucks carrying hazardous materials to travel through the city only between 6 p.m. and 7 a.m., and they were not allowed to use Commercial Street. However, the City of Boston had not consulted with the U.S. Department of Transportation, which must ap- prove all hazmat routes. In November 2009, FMCSA issued a pre-emption determi- nation, which said, “This de facto modification to the city’s routing designation . . . serves to shift the risk associated with that transportation to neighboring jurisdictions by forcing hazardous material motor carriers to use alternative routes bypassing the city of Boston” (Trucking Info.com 2010). In May 2010, FMCSA rejected the city’s request to reroute hazmat trucks around the city but granted Boston a 45-day extension of its ban to work out an alternative approach. The City of Boston worked with the Massachusetts Motor Trans- portation Association (MMTA) to come up with a policy to encourage truckers to use Cross Street instead of Commercial Street. The MMTA agreed to work with the city on keeping the traffic on Commercial Street to a minimum during the new hazmat routing study and public comment process required by federal regulations (Trucking Info.com 2010). Overlay Zones: Industrial and/or Freight Overlay Protection Zones Many cities use special-purpose zoning “overlay” districts that are placed over certain neighborhoods to create specific unique characteristics or to retain these characteristics. Overlay districts modify the controls of the underlying districts. For example, overlay districts have been used for airport areas of influence and for transit-oriented development (TOD). Overlays usually will be seen on a zoning map as a hatched, or other, pattern that is superimposed over a specific use. Cities are implementing industrial and freight districts or industrial flexible overlay zones to foster the preservation and growth of industrial areas. Examples include the Port of Baltimore’s MIZOD; Benton, Oregon’s Flexible Industrial Overlay Zone; Jacksonville, Florida’s Industrial Land Preserva- tion Ordinance; and Portland, Oregon’s Guild’s Lake Industrial Sanctuary Zone. Baltimore created the MIZOD in 2004 around the Port of Baltimore to balance industrial and non-industrial devel- opment, as well as to protect frontage land along the harbor that had access to at least 18 feet of draft. The overlay was carefully crafted to preserve the most vulnerable and criti- cal areas of deep-water frontage for current and future freight use. Benton, Oregon’s Flexible Industrial Overlay Zone was created to ensure the orderly industrial development of six specific parcels that were situated within the urban growth boundary. The industrial overlay allows light industrial uses, including manufacturing uses that may be dependent on trucks. Uses will only be permitted if surrounding land uses will not be adversely affected. If it appears that noise, dust, odors, emissions, or other adverse environmental impacts will extend outside the boundary of a parcel, the planning commis- sion will impose conditions to reduce such adverse impacts so that the use will not create a public nuisance. Jacksonville, Florida, authorized its Industrial Land Preservation Bill (ORD 2007-0398) in May 2007. The ratio- nale behind the legislation was to protect industrial land from residential conversion and stop the depletion of land avail- able for job creation (Dorsch 2007). Although the ordinance does not prohibit zoning conversion of land, the ordinance makes it costly for residential builders to do this because it requires increased buffer zones at the builder’s expense. Almost 56,000 acres have been set aside for industry under this ordinance. As part of the ordinance’s development, an industrial technical advisory committee was created. Its responsibilities include review of proposed land-use changes, rezoning, and text changes to the comprehensive plan and zoning code in the areas of situational compatibility and indus- trial sanctuaries. The committee will make recommendations to the Planning and Development Department and city council based on its reviews. Portland, Oregon, implemented the Guild’s Lake Indus- trial Sanctuary (GLIS) Zone in 2001. The sanctuary is located between Forest Park in the West Hills and the Willamette River. It contains the majority of the industrially zoned land in Northwest Portland. GLIS forms an important part of Portland’s overall industrial sanctuary where land is pre- served for long-term industrial use. According to studies commissioned by the city, industrial business was thriving in the district, creating well-paying jobs, and contributing to the region’s economy. One study showed that there was a regionwide shortage of readily developable industrial land that could constrain job growth within 7 to 10 years. There was also an acknowledgement that industrial land uses could often be hard to site because of the intensity of industrial uses, and current industrial land was a finite resource. Finally,

55 because of the GLIS proximity to mixed-use and residential neighborhoods and the central city, it was considered to be vulnerable to pressure for redevelopment to non-industrial uses. Figure 7-8 shows a map of GLIS. According to the city, “Any loss of industrial land represents the loss of an irreplaceable component of the city’s economy.” Portland’s industrial sanctuary policy is designed to preserve and protect industrial lands within the city. This policy is stated, in part, in Portland’s Comprehensive Plan Goal and Policies as Policy and Objective 2.14, “Provide industrial sanctuaries. Encourage the growth of industrial activities in the city by preserving industrial land primarily for manufacturing purposes” (City of Portland 2006). Urban Noise Level Information and Zoning Restrictions Other cities also are requiring that residents of urban hous- ing projects be notified that they are living in an urban area where noise levels may be higher than in a typical residential Figure 7-8. Guild’s Lake Industrial Sanctuary Zone. Source: City of Portland.

56 area. Some city ordinances, for example, are requiring such notification when many residential developments face rail- roads. This type of ordinance is especially useful where a rail corridor is shared with freight-transportation-related ser- vices, which may be temporally shifted to nighttime usage to facilitate the development of commuter rail. For example, in its zoning code addressing specific land uses, the City of Pasadena, California, requires 1. Residents of an urban housing development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area. 2. The signature of the residents shall confirm receipt and understanding of this information. (City of Pasadena 2005c) Specific Noise Abatement Design Criteria Anaheim, California’s planning department created mitiga- tion monitoring plans for specific TOD projects. For example, the Crossing at Anaheim had detailed planning specifications placed within the environmental report that were timed for approval prior to project plan approval. These included, for example, measures to make sure that (1) all residential units had weather-stripped solid core exterior doors and exterior wall/roof assemblies free of cut outs and openings, (2) all windows of residential units were sound-rated assemblies with a minimum sound transmission class rating of 35, and (3) all exterior walls had a sound transmission class rating of 46, with stud spaces to be filled with insulation bats and joints caulked to form airtight seals (City of Anaheim, California 2006). Similar types of mitigation could become commonplace for residential or other sensitive types of land uses (e.g., church, hospital, school, or library) that are built in close proximity to freight corridors or facilities. Airport Influence Overlay Districts Cities also implement noise restrictions, quite often as an overlay zone, within their zoning code around airport facilities (which are often owned by local municipalities as a quasi- governmental entity). Such types of noise restrictions also could be put in place by cities around freight facilities and corridors that operate on a 24-hour basis or have extremely high volumes of traffic, such as truck routes that serve a port or marine terminal facility. Portland, Oregon, has implemented an international airport noise impact zone to reduce the impact of airport noise on development within the impact area that surrounds the inter- national airport. The zone achieves this by reducing residential density and requiring noise disclosure statements, noise easements, and noise insulation. The noise zone is based on the LDN 65 noise contour (an average weighting of day and nighttime noise), which was developed in its 1990 noise abatement plan update for the airport and was set as a delin- eated boundary at this juncture. The application of the noise zone is to all annexed areas located within the LDN 65 or higher noise contours that formed part of the annexation rezoning of the area. The ordinance requires that all new structures be constructed with sound insulation to achieve a day/night average interior noise level of 45 dBA. Garages, freight and warehouse, and manufacturing and production uses are exempt from this requirement. A registered acoustical engineer is required to certify that the building plans comply with the performance standard for the sound installation before a building permit is issued. The Port of Portland is responsible (at owners’ request) for the costs of the noise insulation certification. Within the LDN 65 noise contour, new residential uses are prohibited unless they are allowed by subsection 33.470.050. If a site is divided by the contour, all dwelling units, accessory structures, and side and rear setbacks must be located entirely outside the noise contour. Within the LDN 65 noise contour, residential development is prohibited from developing to a density higher than that of an R10 zone. As part of the ordi- nance, prior to issuance of a building permit for new residential construction or reconstruction, the owner must sign the city’s noise disclosure statement, which must be recorded in the county records by the owner. The airport influence overlay district in Arapahoe County, Colorado, also contains specific instructions regarding the notification that must be provided to prospective property purchasers. Such notification language should be utilized for prospective property purchasers close to freight corridors and facilities, with accompanying language inserted into a freight influence overlay district or industrial overlay type of district. Summary Zoning activities are commonplace within the United States and already offer useful tools to reduce and mitigate conflicts, and help to provide for continued protection of vital freight corridors and facilities. However, the use of these specific zoning tools is not yet implemented across the board. With utilization of just the few types of zoning examples provided in this chapter, cities and counties can reduce conflicts between the incompatible uses of freight activity and residences, schools, hospitals, libraries, and other sensitive uses. Two main by- products of this activity will also result, as follows: 1. Local jurisdictions will preserve these vital freight arterials and their freight facilities by preventing incompatible land

57 uses from arising and by reducing residential/freight conflict. 2. Local jurisdictions will reduce the impacts that cause much community and individual distresses, such as noise and vibration, health impacts, and light pollution, as well as environmental justice issues that arise when minority and low-income communities are disproportionately affected by freight activity. For municipalities looking for guidance on noise reduc- tion strategies and building codes, there is a large body of information (including design criteria) that can be found in the airport noise reduction programs funded by FAA. There are also many cities that have airport facilities that have developed policies and procedures to notify residents and prospective buyers and lessees of their proximity to an airport or flight path. Table 7-3 contains much of this information, including suggested setback standards and permit and zoning considerations compiled by the research team. This information can be modified and used in conjunction with other types of freight operations and facilities.

Setbacks for Property Abutting Freight Facility Minimum Lot Depth (Feet) for Property Abutting Freight Facility Height Restrictions Structure Requirements Noise and Vibration Assessment and Mitigation Responsibility Buyer Notification about Freight Activity Other Residential 250-500 feet or X percent of average lot depth depending on freight activity and density. 1,000 Dependent on noise/vibration assessment and whether mitigation required because of freight density and activity. Achieve 50 dBA inside unit (based on HUD/EPA/FRA/FAA noise guidance) and on land uses—this is Land Use 2 (residence where people usually sleep). Developer Yes Entrances and exits should not be sited near at-grade crossings, and entry/exit points of heavily trafficked distribution facilities, port facilities, and other terminals. Mixed Use 250-500 feet or X percent of average lot depth depending on freight activity and density. 1,000 Achieve 55-60 dBA inside unit; would be lower if Land Use 2 is close to rail line. Developer Yes Entrances and exits should not be sited near at-grade crossings and other heavily truck trafficked areas. Ensure that cross-dock facilities and turning radii for trucks to deliver to commercial components of the facility are sufficient. Table 7-3. Permit and zoning considerations.

Hosp it al 250- 500 f eet or X per c ent of aver age lo t dept h dependi ng on fr ei ght ac ti vi ty and dens it y. 2, 500 Land Us e 2 —U p t o 5 0 dB A t o s ta y w it hi n a no- im pac t a rea. Devel oper Ye s En tr ances and ex it s, and par ki ng and pedes tria n cr o ssi ng ar eas s houl d not be si te d near at -g r ade cr o ssi ngs, and ot her heav ily used tr uc k t ra ffi c cr o ssi ng poi nt s. School 250- 500 f eet or X per c ent of aver age lo t dept h dependi ng on fr ei ght ac ti vi ty and dens it y. 1, 500 Land Us e 3 — In st it uti onal us e w it h pr im ar ily any ti me and eveni ng us e u p t o 6 5 d BA. Devel oper Ye s En tr ances and ex it s, and par ki ng and pedes tria n cr o ssi ng ar eas s houl d not be si te d near at -g r ade cr o ssi ngs, and ot her heav ily used tr uc k t ra ffi c cr o ssi ngs . Recommend f enc in g bet w een school pr oper ty and fr ei ght fa ci li ty to di scour age tr espass. Source: Christensen Associates, UT-CTR, Pett, and Grow & Bruening. Residential Care Facility 250-500 feet or X percent of average lot depth depending on freight activity and density. 1,500 Land Use 2—up to 50 dBA to stay within a no- impact area. Developer Yes— recommend that incoming residents are required to sign notification letter. Entrances and exits, and parking and pedestrian crossing areas, should not be sited near at-grade crossings, and other heavily used truck traffic crossing points.

Next: Chapter 8 - Mitigation of Conflicts between Freight and Other Land Uses »
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TRB’s National Cooperative Freight Research Program (NCFRP) Report 16: Preserving and Protecting Freight Infrastructure and Routes provides guidance to decision makers involved in freight facility operations, freight transportation planning, and land use on how to avoid conflicting land uses or mitigate existing uses.

The report provides information about freight transportation and its importance to people’s everyday lives; illustrates the types of conflicts between freight and other land uses and their consequences; and provides tools and resources designed to help preserve facilities and corridors, including prevention or resolution of conflicts.

In addition to the report, EnvisionFreight.com was developed as part of this project. The website is designed to complement the report by including more detailed materials then could be included in the report.

A CD-ROM packaged with the print version of the report includes the appendices to the report.

The CD-ROM is also available for download from TRB’s website as an ISO image. Links to the ISO image and instructions for burning a CD-ROM from an ISO image are provided below.

Help on Burning an .ISO CD-ROM Image

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(Warning: This is a large file and may take some time to download using a high-speed connection.)

An article on NCFRP Report 16 was published in the January-February 2013 version of the TR News.

CD-ROM Disclaimer - This software is offered as is, without warranty or promise of support of any kind either expressed or implied. Under no circumstance will the National Academy of Sciences or the Transportation Research Board (collectively "TRB") be liable for any loss or damage caused by the installation or operation of this product. TRB makes no representation or warranty of any kind, expressed or implied, in fact or in law, including without limitation, the warranty of merchantability or the warranty of fitness for a particular purpose, and shall not in any case be liable for any consequential or special damages.

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