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HomeMy Public PortalAbout 2017-02-23_2_Public Hearing_Shipping ContainersMUNICIPALITY OF THE DISTRICT OF CHESTER AGENDA PUBLIC HEARING Amend the Village of Chester Secondary Planning Strategy and Land Use By-law, to allow shipping containers for non-residential uses, for all properties within the Highway Commercial Zone excluding those properties that are located within the Chester Village boundary and which are located on the South side of Highway 3. 23 February 2017 Chester Municipal Council Chambers 1) CALL TO ORDER (CHAIRMAN) a) The Agenda b) General Rules of Conduct c) Council's decision governed by Chester Municipal Planning Strategy 2) REPORT OF THE CLERK a) Applicant, application date, and nature of application b) Meetings: Council, Committees, Public Information c) Documentation: Reports, advertisements, notifications, fees paid d) Written submissions received 3) COMMENTS BY SOLICITOR 4) OVERVIEW BY PLANNER a) Nature of proposal b) Outstanding concerns c) Recommendations 5) COMMENTS BY THE PUBLIC ON THE PROPOSAL a) Those in favour b) Those opposed c) Any other comments 6) CLOSING REMARKS (CHAIRMAN) / CLOSING OF PUBLIC HEARING a) Next step: decision by Council 7) DECISION OF COUNCIL /DEFERMENT OF DECISION MUNICIPALITY OF THE DISTRICT OF CHESTER I to a WKIA REPORT TO: Tammy Wilson, CAO SUBMITTED BY: Pam Myra, Municipal Clerk DATE: 23 February 2017 (prepared 15 February 2017) SUBJECT: 2017-048: Motion to give first reading to amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law, to allow shipping containers for non-residential uses, for all properties within the Highway Commercial Zone excluding those properties that are located within the Chester Village boundary and which are located on the South side of Highway 3; 2017-049: Motion to set public hearing date as February 23, 2017 at 8:45 a.m. (A) DETAILS OF PROPOSED AMENDMENTS Request from: Hassen Hammond, Business Owner Request date: 19 January 2016 -letter from Hassen Hammond, requesting ability to keep shipping container on his property for commercial storage. Nature of amendments: 1. Amend the Chester Village Area Secondary Planning Strategy and Land Use By-law as shown in Appendix A attached to the Staff Report dated January 26, 2017 to permit shipping containers for non-residential uses, for all properties within the Highway Commercial Zone excluding those properties that are located within the Chester Village boundary and which are located on the South side of Highway 3; Purpose of amendments: To allow for the use of shipping containers for non-residential storage uses within the Highway Commercial Zone excluding those properties located within the Village of Chester boundary and located on the South side of Highway #3. (B) MEETING DATES ■ 28 January 2016: Council -Letter received from Hassen Hammond, directed to staff to prepare report ■ 18 February 2016: Committee of the Whole - motion to defer Land Use Violation Enforcement pending a report to VAAC regarding permitting shipping containers for non-residential purposes (2016-066) ■ 17 May 2016: Village Area Advisory Committee - referred back to staff for further information (2016-378) ■ 19 July 2016: Village Area Advisory Committee - referred back to staff for further review (2016- 385) ■ 20 September 2016: Village Area Advisory Committee - directed staff to add language (2016-389) and increase minimum setback (2016-390), recommend to Citizens Planning Area Advisory Committee to support the amendments and further that staff schedule a Public Information Meeting prior to the amendments being discussed by the Citizens Planning Advisory Committee (2016-391) ■ 22 September 2016: Committee of the Whole - report back on progress, motion to waive payment of fee's from initial applicant as the amendment now affects more than the applicants property, now considered as a request of Council (2016-396) ■ 5 October 2016: Public Information Meeting (One Attendee) ■ 7 November 2016: Citizens Planning Advisory Committee (2016-479) ■ 16 December 2016: Special Council Meeting - motion to not accept the recommendation of CPAC and direct staff to make revisions to the proposed amendments to allow shipping containers on the north side of Highway 3 within the Village boundary. (2016-527) ■ 26 January 2017: Council (First Reading) (2017-048) (C) DOCUMENTATION Reports: ■ 28 January 2016: Request for Decision to Council regarding enforcement of existing Land Use By-law while request to amend is under review. ■ May 112016: Staff Report - Discussion Paper to Village Area Advisory Committee ■ 8 July 2016: Staff Report #1 to Village Area Advisory Committee ■ 20 September 2016: Staff Report #3 to Village Area Advisory Committee ■ 16 September 2016: Request for Direction to Committee of the Whole -Collector Waive Fee? ■ 7 November 2016:Memorandum to Citizens Planning Advisory Committee ■ 12 December 2017: Staff Report #4 to Municipal Council ■ 26 January 2017: Staff Report #5 to Municipal Council Advertisements (Progress Bulletin) ■ 11 May 2016: Notice of meeting of Village Area Advisory Committee ■ 13 July 2016: Notice of meeting of Village Area Advisory Committee ■ 14 September 2016: Notice of meeting of Village Area Advisory Committee ■ 28 September 2016: Notice of Public Information Meeting ■ 26 October 2016: Notice of meeting of Citizens Planning Advisory Committee ■ 1 February 2017: Notice #1 of Public Hearing ■ 8 February 2017: Notice #2 of Public Hearing ■ 15 February 2017: Notice #3 of Public Hearing Other notification: ■ 27 January 2017: Letter to Chester Village Commission ■ Notices of meetings posted on Municipal office doors Fees paid: N/A (D) WRITTEN SUBMISSIONS RECEIVED ■ Brad Armstrong - January 30, 2017 ■ John Carroll - February 9, 2017 Pam. Myra Pam Myra From: Brad Armstrong < brads Sent: Wednesday, February 15, 2017 9:08 AM To: Tara Maguire Cc: Pam Myra; Danielle Barkhouse; Garth Sturtevant; William DeGrace Subject: Re: Container question? Hi Tara, By all means submit my email ,I still feel the same as I did when I wrote it. This is for the public hearing on the 23rd? Regards, Brad On Feb 14, 2017, at 3:09 PM, Tara Maguire <tmafruireL?chester.ca> wrote: HI Brad, I am copying this email to Pam for inclusion in the public hearing submission package. Tara Mae Director of Community Development Community Development Department Municipality of Chester PO Box 369 186 Central Street, Chester, NS, BOJ UO Tel: 902-275-3555 ext. 1606 Cell: 902-277-2273 Web: www.chester.ca Original Message ----- From: Brad Armstrong Sent: Monday, January 30, 2017 11:44 AM �72� To: Tara Maguire <tmag-uireO?chester.ca> Cc: Danielle Barkhouse <dbarkhouse(i,)chester.ca>; Garth Sturtevant <gsturtevant(c�.chester.ca>; 1 William DeGrace <wdegraceLchester.ca> Subject: Re: Container question? Hi All, Thank you Tara for the quick response to my concerns with council recent decisions to potentially allow containers on both sides of Hwy.3. I feel that allowing containers in the village planning area on Hwy3 will be very disruptive and visually upsetting for the residents who live in the village and also along that stretch of Hwy 3 ,and ugly to boot even with fencing. If a container is put on the former Hawboldt property a 6' ft fence around it will not cover it, as one looks down on that property from HWY3. Currently this is a mixed zone but residents concerns were dealt with during the creation of the Hwy3 Streetscape plan. A lot of time and tax dollars went into the creation of the plan,which has the goal of allowing businesses and residents to live together in that area. The plan was to make Hwy3 ,in the village planning area "resemble" the rest of the village. We do not allow containers or any more mobile homes in the village,that is a good idea and should be maintained. I certainly hope that council does not change the by laws to allow such a drastic change to the gateway into the village. Regards, Brad Pam Myra , \ From: Tara Maguire Sent: Tuesday, February 14, 2017 12:39 PM To: Pam Myra Cc: Sandra Challis; Danielle Barkhouse; William DeGrace; Allen Webber; Tammy Wilson Subject: FW: CPAC Meeting 13th February 2017 Attachments: 2017-02-13-CPAC-Agenda Package_Committee.pdf Pam, Can you please add this email to the written submissions for the public hearing. Thanks Ta ra TARA MAGUIRE erector of Coin , r ): 902-275-3555 .... .... ."'i 6 M: 902-277-2273 From: Sandra Challis Sent: Tuesday, February 14, 2017 12:14 PM To: Tara Maguire <tmaguire@chester.ca>; William DeGrace <wdegrace@chester.ca> Subject: FW: CPAC Meeting 13th February 2017 SANDRA CHALLIS ' : e st ati ve Ass sta n 'F- 902-275-2599 From: [mailto - —a Sent: February 9, 2017 4:07 PM To: Sandra Challis <schallis@chester.ca> Cc: Danielle Barkhouse <dbarkhouse70@gm il.com>; Allen Webber <awebber@chester.ca> Subject: Re: CPAC Meeting 13th February 2017 Hello Sandra and fellow CPAC members; I will not be able to attend our next meeting, however I do want to register my opposition to allowing storage containers along highway 3 and in the village. Hwy 3 is the gateway to our village. It should be very inviting to travelers and residents alike. There has been much consultation and citizen input to the latest Hwy 3 streetscape improvement design. This would seem a gross waste of time and resources if we allow these ugly containers to be placed along Hwy. 3. In my view steel storage containers are not the least bit attractive and invariably turn into rusty eyesores over time. I urge each and everyone of the CPAC committee members to oppose the use of these containers in the strongest of terms to the MODC council. Sincerely, John P. Carroll On Feb 9. 2017, at 1:22 PM, Sandra Challis <schallis@chester.ca> wrote: Good Day to Members of the Citizens Planning Advisory Committee, Please be advised of the regular meeting of the committee on (CPAC) Monday, 13 February at 6.30prn in Council Chambers. Relevant documents are attached and printed copies will be available for you at the meeting. Kind regards, Sandra OF I Y IV N S ER Sandra Challis Administrative Assistant Community Development Department Municipality of Chester THE MUNICIPALITY OF CHESTER Municipality of the District of Chester Community Development Department 41 Prepared for: Municipal Council Submitted by: Garth Sturtevant, Development Control/Planning Assistant Date: Subject: APPLICANT PROPOSAL LOCATION January 26, 2017 Shipping Containers on Highway 3 — Revised LOT SIZE DESIGNATION ZONE SURROUNDING USES NEIGHBOUR NOTIFICATION Recommendation Staff recommends Option 1: Initially application was from Hassen Hammoud - Council then directed staff to work with VAAC on amendments to permit shipping containers within Highway Commercial Zone. Amendments to allow shipping containers (as storage only, for non- residential uses) in the Highway Commercial Zone outside the Village of Chester Boundary. Initially for 3707 Highway 3 but amendments are general to all non- residential uses in Highway Commercial zone. n/a HC (Highway Commercial) HC (Highway Commercial) None to date — if general amendment (i.e. all HC zone) no direct notification of neighbouring properties That Council give first reading to amendments to the Village of Chester Secondary Planning strategy and Land Use By-law, to allow shipping containers for non-residential uses, for all properties within the Highway Commercial Zone excluding those properties that are located within the Chester Village Boundary and which are located on the South side of Highway 3; and that Council set a Public Hearing date for these amendments. Staff Report #5 Shipping Containers on Hwy. 3 Background Page 2 February 20, 2017 Hammond Kwik -Way at 3707 Highway 3 recently bought a shipping container for storage. Under the Village Land Use By-law, shipping containers are not permitted structures, either for habitation, for shelter or for storing goods. They are allowed as temporary structures during construction and within the Protected Watershed Zone, subject to certain conditions. Mr. Hammoud appeared before Council to explain the situation. Council felt that the amendment was reasonable and directed staff to amend the Land Use By-law to allow shipping containers (for storing goods) as permitted structures within the Highway Commercial Zone. Council directed staff to consider amendments to the Village of Chester Land Use By-law. The Village Area Advisory Committee (VAAC) discussed the issue at their June, July and September meetings. Based on direction from VAAC and Citizens Planning Advisory Committee (CPAC), staff is providing potential amendments to permit shipping containers, for non-residential uses, in the Highway 3 Commercial Zone. Staff held a public information meeting on October 5, 2016. The only resident who attended was a representative of the applicant. On May 17, 2016, 13 people were in the gallery at a VAAC meeting where shipping containers were discussed. Residents and committee members had some comments. Some residents felt many small businesses rely on containers, while others felt any amendments to allow containers must be strict enough to ensure they are discretely sited. Staff, VAAC and CPAC have worked to create amendments that allow containers, in appropriate places, with appropriate controls. VAAC asked that Marianne Gates, Economic Development Officer, provide comments on the proposed amendments. She provided these comments: "I am in full support of this amendment. Use of shipping containers as storage is both a practical and economic for some businesses and should be allowed in the indicated area." Discussion The Highway Commercial Zone is within the Highway 3 Site Plan Approval Area, which was introduced in May 2012. The Site Plan Approval Area has specific rules for properties on Highway 3. The purpose of these rules is to create more appealing buildings on Highway 3, the gateway to Chester. Since the rules were adopted, staff have reviewed three projects: two projects were approved; one project was withdrawn. Rules must find a balance. Strict rules could hinder development, but loose standards could result in poor design. Allowing containers in the Highway Commercial Zone would provide an inexpensive and easy storage solution, but will also reduce the visual appeal of the Highway 3 streetscape. To adopt these amendments, the VAAC, CPAC and Council must feel the proposal — to allow shipping containers (as storage only, for non-residential uses) in the Highway Commercial Zone — is in keeping with the goals of the Highway 3 area. Staff Report #5 Page 3 Shipping Containers on Hwy. 3 February 20, 2017 Policy Analysis The following descriptions of the Highway 3 are important for Council to consider. "... residents want Highway 3 to be thought of again as North Street. A street that is a special place, and extension of Chester's high quality sense of place and an artery through a special community. The vision of the sprawling commercial strip -malls and generic franchises was rejected...". This vision for North Street is also described in the 2011 report, Planning Vision and Streetscape Design for Highway 3 at Chester Village: "The Vision for the Highway 3 corridor is for a balance between cars and pedestrians: site standards that put an emphasis on high quality landscaping: building standards that reinforce Chester's unique sense of place: green development controls that require sensitive site development: and the creation of a mixed use corridor that is a destination in its own right." There is a clear vision for North Street — an attractive, mixed-use corridor that is both a gateway and a destination. It is important that any amendments to allow shipping containers respect the vision for North Street. "The Planning Strategy recognizes the presence of both commercial and residential uses on Trunk #3 and contains measures to ensure that these uses will continue to co -exist without conflict." "Within these commercial clusters, the study recommends a suite of design guidelines to make sure that development reinforces the tradition of architectural and landscape excellence of Chester." "[The Highway 3 Streetscape Study] recognizes this as the commercial cluster most closely related to the residential core of the Village. It recommends the commercial growth and street design [between Pig Loop Road and Victoria Street] should be treated as an integral part of the Village, with continuous sidewalks and commercial development that is friendly to pedestrians." Staff Report #5 Page 4 Shipping Containers on Hwy. 3 February 20, 2017 To designate the area shown as "Highway 3 Site Plan Approval Area" on Map 7, Future Land Use Map, Architectural Control Areas" as an area within which all developments other than single unit and two unit dwellings shall be approved only in accordance with a site plan which conforms to the design guidelines set out in the Land Use By-law. The vision for Highway 3 is implemented through the Land Use By-law. There are design guidelines for the whole area, plus yard and setback standards in each zone. The design guidelines apply across the Highway 3 Site Plan Approval Area. The design guidelines and zone standards are critical to the appearance of new buildings on Highway 3. They do not regulate containers, but the guidelines do require certain design approaches. Staff has therefore created amendments that support the intent of the design guidelines and the vision for the Highway 3 Site Plan Approval Area. They have been created with input from three meetings held with the Village Area Advisory Committee. The VAAC did have concerns about allowing shipping containers within the village boundary. It was felt that shipping containers were not consistent with the character of the village. However, they also recognized that there is a somewhat different character, as was recognized by the Highway 3 streetscape study, on the outer edges of the study area. It was felt that the character of the Highway 3 Zone was somewhat different in the village boundary and that a more relaxed approach would be appropriate outside the Chester Village Boundary. Revision to Rural Commercial Overlay Area At a December 12, meeting of Council, staff presented a report and draft amendment to permit shipping containers in a limited area outside of the Chester Village Boundary but within the Chester Village Planning Area for properties zoned Highway Commercial (HC). This area is proposed to be identified with the creation of the Rural Commercial Overlay (see attached Map 1 — Original Rural Commercial Overlay Area). After consideration, Council gave further direction that staff expand the proposed boundaries of the Rural Commercial Overlay to extend to properties within the Chester Village Boundary located North of Highway 3 (see attached Map 2 — Revised Rural Commercial Overlay Area). The expanded area covered by the overlay only affects properties currently zoned Highway Commercial. Properties within the Village Boundary to the South of Highway 3 will remain prohibited from keeping shipping containers. Proposed Standards Staff Report #5 Shipping Containers on Hwy. 3 Page 5 February 20, 2017 Staff created potential amendments that would allow one container per property. Shipping containers would only be allowed as storage for non-residential uses, in the Highway Commercial Zone. Staff also suggests the following setbacks for containers: Yard Required Setback Side yard 1.5 metres (5 feet) Side yard — next to a residential zone 3.5 metres (12 feet) Rear yard 1.5 metres (5 feet) Rear yard — next to a residential zone 3.5 metres (12 feet) Front yard 12 metres (40 ft) or a distance of 3.5 metres (12 feet) greater than the main building setback, whichever is greater. Flankage yard 12 metres (40 ft) or a distance of 3.5 metres (12 feet) greater than the main building setback, whichever is greater. In addition, the following standards are recommended to minimize the visibility of containers, in order to support the vision for Highway 3: • prohibiting containers within the Village of Chester Boundary on the South side of Highway 3; • limiting containers to storage only for non-residential uses; • only allowing containers within the Highway Commercial Zone; • limiting containers to one per property; • a minimum screening requirement of a 1.8 metre (6 feet) high opaque fence; • requiring the narrow end of the container to face Hwy. 3, unless the container is placed behind a building of equal or greater length than the long side of the container; • requiring that the container have no logos, numbering or commercial advertisements; and • requiring that containers be placed at grade. For this reason, they The full text of the potential Land Use By-law amendments is found in Appendix A. Secondary Planning Strategy Amendments Staff Report #5 Page 6 Shipping Containers on Hwy. 3 February 20, 2017 Staff have created Secondary Planning Strategy (SPS) preamble and policies to provide policy support for the Land Use By-law amendments allowing shipping containers in the Highway Commercial Zone. The policies express the Municipality's intentions as follows: • Map A-3 Rural Commercial Overlay map shall be created in the Land Use By-law. The Overlay area includes the Highway Commercial Zoned Land to the North of Highway 3 within the Village of Chester Boundary in addition to all Highway Commercial Zoned Land that falls outside the Village of Chester Boundary. • The Land Use By-law shall include provisions to allow shipping containers, for storage, by non- residential uses, within the Rural Commercial Overlay; • The Land Use By-law shall contain standards for shipping containers, including: a limit of one shipping container per property; establishing setbacks; and creating screening standards; • Shipping containers shall not be permitted on any Land on the South side of Highway 3 within the Village of Chester Boundary. Amendment Options That Council give first reading to amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law, to allow shipping containers for non-residential uses, for all properties within the Highway Commercial Zone excluding those properties that are located within the Chester Village Boundary and which are located on the South side of Highway 3; and that Council set a Public Hearing date for these amendments. 2. That Council does not give first reading to amendments to the Village of Chester Secondary Planning Strategy and Land Use By-law. No Public Hearing would be set. Conclusion Staff believe that the proposed amendments to allow shipping containers minimize impact on the character and, do not represent a significant departure from, the intent of the Highway 3 Streetscape Plan and Design Guidelines. The amendments meet the intent of the Secondary Planning Strategy. The amendments are, however, a loosening of design control along Highway 3. Council may adopt these changes now, but staff also suggest a full review of the Highway 3 Site Plan Approval Area take place during Plan Review. A full review will ensure that the planning approach for Highway 3 stays relevant, clear and effective. If these amendments are approved, the shipping container at Hammond Kwik -Way, 3707 Highway 3, may need to be moved to meet the new setbacks and new guidelines. The property line next to the container may also need to be adjusted; both properties are owned by the same person. The owner of Hammond Staff Report #5 Shipping Containers on Hwy. 3 Page 7 February 20, 2017 Kwik -Way has indicated he is willing to make changes to his property to comply with new rules for shipping containers, should they be approved. Staff has not done any analysis on how the proposed setbacks or criteria would impact other existing shipping containers. Staff Report #5 Page 8 Shipping Containers on Hwy. 3 February 20, 2017 APPENDIX A Municipality of the District of Chester A BY-LAW AMENDING THE MUNICIPALITY OF THE DISTRICT OF CHESTER MUNICIPAL PLANNING STRATEGY AND LAND USE BY-LAW Be it enacted by the Council of the Municipality of the District of Chester as follows: a) Amend the Village of Chester Secondary Planning Strategy and Land Use By-law, to allow shipping containers for non-residential uses, within portions of the Highway Commercial Zone. ^i itcide of the Village of (header boundary, in the Highway Commerci-al 7nne Chester Village Area Secondary Planning Strategy Amendments The Chester Village Area Secondary Planning Strategy is amended as indicated below. Added text is underlined. Deleted text is struck through. The following section is added after the 7th paragraph to the preamble of Section 4.3 — Commercial Developments The Highway 3 Streetscape report recognized two different commercial clusters, a Village commercial cluster and a rural commercial cluster. Council recognizes that within the Village commercial cluster, there is some distinction between the north side of Highway 3 and south side of Highway 3 and feels that there should be greater flexibility in the types of structures permitted for those businesses. Within the Village of Chester, the area south of Highway 3 is not seen as an appropriate location for shipping containers due to the proximity to the Inner Architectural Control Area. The following section is added after the 13th paragraph to the preamble of Section 4.3 — Commercial Developments While the Highway 3 corridor is governed by strict planning and architectural controls, Council recognizes that there is some distinction in character between the village commercial cluster and the more rural commercial cluster, as identified by the Highway 3 Streetscape Plan. Council recognizes that the more rural commercial clusters require a more permissive policy approach. Specifically, Council wishes to allow businesses the ability to use shipping containers for storage, Staff Report #5 Shipping Containers on Hwy. 3 Page 9 February 20, 2017 in some areas of the Highway Commercial Zone. This can allow for business expansion at a reasonable cost, which is good for economic development. In order to control the appearance of the Highway 3 Area, the Land Use By-law shall identify standards for shipping containers being used for storage. As identified through many forms, architectural and site design control that encourage traditional community design are especially important in the Village of Chester. For that reason, shipping containers shall not be allowed ap aa� on land to the south of Highway 3 within the Village of Chester boundary. Policy 4.3.8 is added as follows: 4.3.8 Council shall create the Rural Commercial Overlay area which shall encompass all Highway Commercial (HC) zoned land that lays outside the Village of Chester Boundary but is within the Village Area Planning Boundary. The Rural Commercial Overlay area shall also include properties to the North of Highway 3 within the Village of Chester Boundary. The Rural Commercial Overlay area shall be shown on Map A-3 of the Land Use By-law: Rural Commercial Overlay Area. Policy 4.3.9 is added as follows: 4.3.9 The Land Use By-law shall include provisions to allow shipping containers, for storage by non-residential uses, within the Rural Commercial Overlay Area. Policy 4.3.10 is added as follows: 4.3.10 Shipping containers shall not be permitted mere on lands to the south of Highway 3 within the Village of Chester boundary, which shall be shown on the Chester Village Planning Area Land Use By-law Map A-3: Rural Commercial Overlay Area. Policy 4.3.9 is added as follows: 4.3.9 The Land Use By-law shall contain standards for shipping containers, including: a limit of 1 shipping container per property; establishing setbacks; and creating screening standards. Chester Village Area Land Use By-law Amendments The Chester Village Area Land Use By-law is amended as indicated below. Added text is Staff Report #5 Page 10 Shipping Containers on Hwy. 3 February 20, 2017 underlined. Deleted text is struck through. Section 4.4.4 is amended, as follows: 4.4.4 Storage Buildings No automobile, truck, bus, coach, street car, recreational vehicle, camper, or other motor vehicle or part thereof, with or without wheels, no mobile home as per definition 16.5.2, and no shipping container, shall be used for the storage or shelter of goods of any description. Section 4AAA is added, as follows: 4AAA Shipping Containers (a) Shipping containers are not permitted in any zone; (b) Notwithstanding 4.4.4A(a), shipping containers are permitted to be used as temporary structures for the storage and shelter of goods incidental to construction of a permitted development in any zone, subject to section 4.5.5; (c) Notwithstanding 4.4.4A(a), in the Protected Watershed Zone shipping containers shall only be used for the storage or shelter of goods, subject to Section 12.2; and (d) Notwithstanding 4.4.4A(a), within the Rural Commercial Overlay shipping containers shall be Dermitted for the storaae or shelter of aoods, subiect to Section 6.3.5 and 6.3.5A. Section 6.3.5 is added, under the Highway Commercial Zone, as follows: 6.3.5 Special Requirements - Shipping Containers for Storage Shipping containers shall be permitted in the Highway Commercial zone within the Rural Commercial Overlay shown on Chester Village Planning Area Land Use By-law Map A-3, subject to the following requirements: Shipping containers: a) shall only be permitted within the Rural Commercial Overlay, as shown on the Chester Village Planning Area Land Use By-law Map A-3: Rural Commercial Overlay Staff Report #5 Page 11 Shipping Containers on Hwy. 3 February 20, 2017 b) shall not be used for human habitation; c) shall only be used for non-residential purposes; d) shall only be allowed as an accessory structure to a permitted non- residential building; e) shall only be used for the storage and shelter of goods; f) shall be a minimum of 1.5 metres (5 feet) from a rear or side property line; and shall be a minimum of 3.5 metres (12 feet) from any rear or side property line that abuts a residential zone; g) shall be set back from the front property line a minimum of 12 metres (40 feet) or a distance 3.5 metres (12 feet) greater than the main building setback, whichever is greater; h) shall be set back from the flank side property line a minimum of 12 metres (40 feet) or a distance 3.5 metres (12 feet) greater than the main building setback, whichever is greater; i) shall be screened from view on all sides by a minimum 1.8 metre (6 foot) high opaque fence; j) shall be limited to one (1) shipping container per property; k) shall be placed so the narrow end of the container faces Hwy. 3, unless the container is placed behind a building of equal or greater length than the long side of the container; 1) shall be placed at grade; and m) shall have no logos, lettering, numbering decals, or commercial advertisements attached or affixed to the container. Section 6.3.5A is added, as follows: 6.3.5A Rental shipping containers, as part of a permitted commercial self -storage facility that is located within the Rural Commercial Overlay, are exempt from the requirements of section 6.3.5. Definition 16.79A is added to PART 16 DEFINITIONS, as follows: 16.79A SHIPPING CONTAINER means a large container or a structure, usually of metal, with strength suitable to withstand shipment, storage, and handling and used to Staff Report #5 Shipping Containers on Hwy. 3 Page 12 February 20, 2017 transport cargo that is specially designed to facilitate the secure storage or carriage of goods, by one or more modes of transport, without intermediate reloading or repacking of goods; also a freight container and includes any form of skid building or self- contained mobile office. Map A-3 is added to the Chester Village Planning Area Land Use by-law Staff Report #5 Shipping Containers on Hwy. 3 MAP 1 a �e I ee s4 ®r [i a �e I Page 13 February 20, 2017 ee s4 ®r [i Page 13 February 20, 2017 Staff Report #5 Shipping Containers on Hwy. 3 MAP 2 Page 14 February 20, 2017 La ��- G �f \•-,� ''`_ - Q � °.][l : �) I 1 � � E:v + � � Vit. IL Ni _ f 1 I I ` k. AIN'.i 7 I J !! 1