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HomeMy Public PortalAbout2017-11-16_1_Public Hearing Agenda_Prohibition of Shipping Containers in Village BoundaryMUNICIPALITY OF THEDISTRICT OF CHESTER A G E N D A PUBLIC HEARINGToAmend Chester Village Secondary Planning Strategy and Land Use By -law to Prohibit ShippingContainers within the Chester Village Boundary. 16 November 2017 Chester Municipal Council Chambers 1) CALL TO ORDER (CHAIRMAN)a)The Agendab)General Rules of Conductc)Council’s decision governed by Chester Municipal Planning Strategy 2) REPORT OF THE CLERKa)Applicant, application date, and nature of applicationb)Meetings: Council,Committees,Public Informationc)Documentation: Reports, advertisements,notifications,fees paidd)Written submissions received 3) COMMENTS BY SOLICITOR 4) OVERVIEW BY PLANNERa)Nature of proposalb)Report on Public Information Meetingc)Outstanding concernsd)Recommendations 5) COMMENTS BY THE PUBLIC ON THE PROPOSALa)Those in favourb)Those opposedc)Any other comments 6) CLOSING REMARKS (CHAIRMAN)/ CLOSING OF PUBLIC HEARINGa)Next step: decision by Council 7) DECISION OF COUNCIL / DEFERMENT OF DECISION MUNICIPALITY OF THE DISTRICT OF CHESTER R E P O R T REPORT TO:Tammy Wilson, CAO SUBMITTED BY:Pam Myra, Municipal Clerk DATE:16 November 2017 SUBJECT:2017-547 MOVED by Councillor Barkhouse, SECONDED by Deputy Warden Shatford that Council give First Reading to the proposed amendments to amend the Chester Village Secondary Planning Strategy and Land Use By - law to prohibit the use of shipping containers within the Village Boundary and further,set a date for a Public Hearing. CARRIED. 2017-548 MOVED by Councillor Barkhouse, SECONDED by Councillor Assaff that a Public Hearing be held on November 16, 2017 beginning at 8:45 a.m. for Second Reading to the proposed amendments to amend the Chester Village Secondary Planning Strategy and Land Use Bu -law to prohibit the use of shipping container within the Village Boundary. CARRIED. ______________________________________________________________________________________________________________________ (A)DETAILS OF PROPOSED AMENDMENTS Request from:Village Area Advisory Committee –2017-352 MOVED by Ray Cambria, SECONDED by Brad Armstrong that the Village Area Advisory Committee recommend that Council reconsider the decision to permit shipping containers on the north side of Highway #3 within the Village of Chester, given the opposition of the public at the recent meeting, with a view to reversing the decision.CARRIED. Request date:20 June 2017 –Motion at VAAC Meeting. Nature of amendments: 1.Amend the Chester Village Secondary Planning Strategy and Land Use By-law, as shown in Appendix A of the October 12, 2017 Council Report to prohibit the use of shipping containers within the Village Boundary. Purpose of amendments:To prohibit the use of shipping containers on properties located within the Chester Village Boundary . (B) MEETING DATES 20 June 2017:Village Area Advisory Committee –Motion to request amendment (2017-352) 13 July 2017:Council –VAAC Motion (2017-352)directed to Citizens Planning Advisory Committee for recommendation (2017-372) 28 August 2017:Citizens Planning Advisory Committee –positive recommendation to Council (2017-478) 14 September 2017:Council –direction to staff to prepare draft amendments (2017 -486) 12 October 2017:Council (First Reading) (2017-547) 23 October 2017:Public Information Meeting (C) DOCUMENTATION Reports: 28 August 2017:Staff Memo to Citizens Planning Advisory Committee 14 September 2017: Updated Staff Memo to Council 12 October 2017:Staff Report with draft amendments to Council Advertisements (Progress Bulletin) 23 August 2017: Notice of meeting of Citizens Planning Advisory Committee 18 October 2017: Notice of Public Information Meeting 25 October 2017: Notice of Public Hearing #1 1 November 2017:Notice of Public Hearing #2 Other notification: 17 October:Letter to Chester Village Commission Notices of meetings posted on Municipal office doors Notice of Public Hearing posted on Municipal Website Fees paid:No Fee Required. Originated at Village Area Advisory Committee, approved by Council. (D) WRITTEN SUBMISSIONS RECEIVED David Foley –Email of November 9, 2017 Pam Myra Pam Myra Community Development Department Public Information Meeting Report Prepared for:Municipal Council Submitted by:Garth Sturtevant, Development Control/Planning Assistant Date:November 16, 2017 Subject:Prohibit the keeping of shipping containers within the Chester Village Boundary Public Information Session –October 23, 2017 At a Municipal Council meeting held on October 12, 2017, Council gave 1 st Reading to proposed amendments to the Chester Village Land Use By-law. The purpose of the amendments is to prohibit the use of shipping containers for storage uses within the Chester Village Boundary .Shipping containers will continue to be permitted for non-residential storage uses on Highway Commercial Zone properties located outside of the Chester Village Boundary.Council also set a date for a Public Hearing of November 16, 2017 at 8:45 a.m. Staff advertised and held a Public Information Meeting in advance of the Public Hearing to provide information, answer questions on the proposed amendments and record any comments or feedback from attendees. The meeting was opened at 7:00 p.m. in Municipal Council Chambers at 151 King Street. One member of Municipal Council and one member of the public attended the meeting. Staff reviewed the proposed amendments and provided handout materials. No specific questions were posed and no written comments were provided to staff. The meeting was closed at approximately 7:30 p.m. Municipality of the District of Chester Community Development Department Staff Report -Council Prepared for:Municipal Council Submitted by:Garth Sturtevant, Development Control/Planning Assistant Date:October 12, 2017 Subject:SPS & LUB Amendments to Prohibit Shipping Containers in Chester Village Prepared By:Garth Sturtevant Date October 2, 2017 Reviewed By:Tara Maguire Date October 4, 2017 Authorized By:Tammy Wilson Date October 6, 2017 APPLICANT Council Initiated,following recommendation by Village Area Advisory Committee and Citizens Planning Advisory Committee PROPOSAL Amend Chester Village Secondary Planning Strategy and Land Use By - law to Prohibit Shipping Containers within Chester Village Boundary ZONE HC (Highway Commercial) SURROUNDING USES General Amendment to Highway Commercial Zone NEIGHBOUR NOTIFICATION General Amendment to Highway Commercial Zone. No individual notification required. Recommendation The topic and recent discussions around the use of shipping containers has been contentious at times. Varying opinions have been expressed on where and how shipping containers should be permitted to be used for non-residential storage. Staff believe that the strong display of public support to prohibit shipping containers within the Village Boundary is reflective of the opinion of most Village residents.Counter arguments to provide more flexibility and economic opportunity for existing businesses have been voiced in support of shipping containers as a storage option. While shipping containers can provide a relatively inexpensive storage Staff Report -Council Page 2 OHC Cupola Height Exemptions November 10, 2017 option for commercial businesses,a main fixture of the existing Chester Village Secondary Planning Strategy outlines goals intended to maintain and preserve the existing visual character of Chester Village. Shipping containers do not easily compliment or co-exist with this goal despite standards and measures that require screening and setbacks from residential properties. The proximity to the Architectural Control Area, established residential neighborhoods and waterfront,in conjunction with the public comments and opinions received,has led to the conclusion that the negative effect on visual character and community concerns outweigh the potential benefits for non-residential properties. Staff Recommend Option 1:That Chester Municipal Council give First Reading to the proposed amendments, attached as Appendix A, to amend the Chester Village Secondary Planning Strategy and Land Use By-law to prohibit the use of shipping containers within the Village Boundary and further, set a date for a Public Information Meeting and a Public He aring. Background Initial Amendment: Beginning in 2016,a request was considered by Municipal Council to permit the keeping of shipping containers for non-residential storage uses within the Highway Commercial Zone. The original proposed amendment would have applied only to properties within the Highway Commercial (HC) Zone which are located outside of the Chester Village Boundary.Map A-3 (Rural Commercial Overlay) was created as a schedule to the Chester Village Land Use By-law to indicate which properties were permitted to apply to keep a shipping container for storage use.The initial amendment was supported by both the Village Area Advisory Committee and the Citizens Planning Advisory Committee. Expansion of Rural Commercial Overlay: When the amendment was considered by Council, staff were asked to expand the permitted area (Rural Commercial Overlay)for the keeping of shipping containers to also include Highway Commercial properties on the north side of Highway 3 within the Chester Village Boundary. The revised amendments were approved by Council and came into effect on April 5, 2017. Current Proposed Amendment: At the June meeting of the Village Area Advisory Committee (VAAC), concerns were raised regarding the revisions made to the amendment to permit shipping containers within the Village Boundary. VAAC members passed a motion at this meeting asking Municipal Council to reconsider the recently approved amendment and to further amend the Chester Village Secondary Planning Strategy and Land Use By -law to prohibit shipping containers within the Village Boundary.The goal of the VAAC motion was to return to Staff Report -Council Page 3 OHC Cupola Height Exemptions November 10, 2017 the original proposal to permit shipping containers only on Highway Commercial properties,outside the Chester Village Boundary. The request of the VAAC received a positive recommendation from the Citizens Planning Advisory Committee at a meeting held on August 28, 2017. Council,at a meeting held on September 14, 2017, directed staff to prepare amendments to fulfil the request of the VAAC. Discussion -Considerations Following the adoption of the amendment which permitted shipping containers within the Village Boundary in April 2017, a subsequent amendment was requested by a local business owner, to further expand the area (Rural Commercial Overlay)within which the use of shipping containers is permitted. This second request aimed to permit shipping containers on Highway Commercial zoned properties to the south of Highway 3 within the Village Boundary. Before ultimately being rejected by Council, the amendment was considered by the Village Area Advisory Committee and C itizens Planning Advisory Committee and received negative recommendations from both committees. Additionally, a Public Information Meeting and survey were conducted to solicit input and comments from the public. Email submissions were also received as the amendment was being considered and discussed . Upon review of the public comments and feedback, it became clear that a strong majority of community members who participated in one or more forms of public engagement are strongly opposed to shipping containers being used anywhere within the Village Boundary. It was this community support for prohibiting shipping containers that VAAC members asked Council to consider when requesting the current amendment to prohibit containers within the Village Boundary. The draft amendments, attached as Appendix A, are intended to reverse a portion of the amendments which took effect on April 5, 2017. The attached amendments will revise the location and properties covered by the Rural Commercial Overlay as indicated on Map A-3: Rural Commercial Overlay of the Chester Village Land Use By-law. The Rural Commercial Overlay will now only include properties within the Highway Commercial Zone which are outside of the Village Boundary. Language within the Chester Village Secondary Planning Strategy will now prohibit the use of shipping containers within the Chester Village Boundary. Policy Analysis Policy Analysis 2.2.1 The existing character of Chester -regarded as a high quality, predominantly residential living environment of traditional architectural character and This proposal aligns with this policy, the aim is to prohibit shipping containers within the Village Boundary and distinguish between Staff Report -Council Page 4 OHC Cupola Height Exemptions November 10, 2017 urban form with small enclaves of modern residential, commercial, institutional and light industrial development -is regarded as the primary point of reference and model for future development. the Rural Commercial Overlay and the village proper. 2.2.2 It is the intention of Council to protect the existing character of Chester from inappropriate development and to require that new development shall fit in with and enhance existing character. Through public submissions, meetings and opinion surveys, it is clear that the majority of residents who participated in the public process are strongly opposed to shipping containers being permitted within the Village Boundary. 2.2.4 It is the intention of Council to control land use and development in a manner that will minimize conflicts between land uses and in a manner that is compatible with the Municipal services. Despite provisions to regulate and screen shipping containers from residential properties, the proposed amendments wo uld further buffer Chester Village from shipping containers and thus is less likely to encounter land use conflicts resulting from the use of this type of structure. 2.26 It is the intention of Council that the study “Planning Vision and Streetscape Design for Highway 3 at Chester Village” by Ekistics Planning and Design, dated January 2011 expresses Council’s general intent for future development along Highway 3 within the Chester Village Area. This change will more accurately align the Rural Commercial Overlay with its intended use and development pattern and further distinguish this area from Chester Village. 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. As a result of the proposed amendments, this policy will be amended so that the Rural Commercial Overlay no longer includes those properties within the Chester Village Boundary. This change will more accurately align the Rural Commercial Overlay with its intended use and development pattern and further distinguish this area from Chester Village. 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. These amendments would only alter the area within which shipping containers may be used for non-residential storage. Staff Report -Council Page 5 OHC Cupola Height Exemptions November 10, 2017 4.3.10 Shipping containers shall not be permitted 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. This area will be expanded to prevent the use of shipping containers for non-residential storage on any property within the Chester Village Boundary. 4.3.11 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. These amendments will not impact the existing standards and requirements for shipping containers as detailed in Section 4.4.4A of the Land Use By-law. 6.0.7 That when considering amendments to the Land Use By-law, considering appeals on site plan approvals, and in considering development agreements in addition to all other criteria as set out in the various policies of this Planning Strategy, Council shall be satisfied that: a)the proposal conforms to the intent of the Planning Strategy; b)the proposal conforms to the applicable requirements of all Municipal By-laws; except where the application is for a development agreement in which case the Land Use By-law requirements need not be satisfied. c)the proposal is not premature or inappropriate due to: i)financial ability of the Municipality to absorb costs related to the development; ii)adequacy of Municipal services; a)Several existing policies are required to be amended in order to bring the amendment into effect b)Yes. i)No anticipated costs. ii)N/A Staff Report -Council Page 6 OHC Cupola Height Exemptions November 10, 2017 iii)the adequacy of physical site conditions for on-site services; iv)creation or worsening of a pollution problem including soil erosion and siltation; v)adequacy of storm drainage and effects of alteration to drainage pattern including potential for creation of a flooding problem; vi)adequacy and proximity of school, recreation, emergency services, and other community facilities; vii)adequacy of street networks and site access regarding congestion, traffic hazards, pedestrian safety, and emergency access. viii)adequacy of fire vehicle access and fire protection measures on site such as water supply. d)the development site is suitable regarding grades, soils, geological conditions, location of watercourses, flooding, marshes, bogs, swamps, and susceptibility to natural or man-made hazards as determined by a qualified person. e)all other matters of planning concern have been addressed. iii)N/A iv)Further restrictions to the areas where shipping containers are permitted will have no negative effects on these criteria v)N/A vi)N/A vii)N/A viii)N/A d)N/A e)No other matters identified. Staff Report -Council Page 7 OHC Cupola Height Exemptions November 10, 2017 Options 1.That Chester Municipal Council give First Reading to the proposed amendments, attached as Appendix A, to amend the Chester Village Secondary Planning Strategy and Land Use By -law to prohibit the use of shipping containers within the Village Boundary and further, set a date for a Public Information Meeting and a Public Hearing; 2.Direct staff to make further changes to the proposed amendments for consideration at a future Council meeting; 3.Reject the proposed amendments and not amend the Chester Village Secondary Planning Strategy and Land Use By-law. Staff Report -Council Page 8 OHC Cupola Height Exemptions November 10, 2017 Appendix A –Proposed Amendment Municipality of the District of Chester A BY-LAW AMENDING THE MUNICIPALITY OF DISTRICT OF CHESTER SECONDARY PLANNING STRATEGY AND LAND USE BY-LAW NOTE: The proposed amendments are shown below. Strikethrough text is to be removed and new text is underlined. Be it enacted by the Council of the Municipality of the District of Chester as follows: Chester Village Secondary Planning Strategy Amendments: The Chester Village Secondary Planning Strategy is amended as indicated below. Added text is underlined. Deleted text is struck through. The text of the 8th paragraph of the preamble to Section 4.3 Commercial Developments is amended as indicated: 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 o f structures permitted for those businesses. Within the Village of Chester, the area south of Highway 3 Within the Chester Village Boundary the keeping of shipping containers is not seen as an appropriate use location for shipping containers due to the proximity to the Inner Architectural Control Area. The text of the 12th paragraph of the preamble to Section 4.3 Commercial Developments is amended as indicated: As identified through many forms, architectural and site design controls that enco urage traditional community design are especially important in the Village of Chester. For that reason, shipping containers shall not be allowed on land to the south of Highway 3 within the Village of Chester boundary. Policy 4.3.8 is amended as indicated: 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 Staff Report -Council Page 9 OHC Cupola Height Exemptions November 10, 2017 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 4.3.10 is amended as indicated: 4.3.10 Shipping containers shall not be permitted on lands to the south of Highway 3 within the Village of Chester boundary,and within the Chester Village Planning Area, shall only be permitted within the Rural Commercial Overlay which shall be shown on the Chester Village Planning Area Land Use By-law Map A-3: Rural Commercial Overlay Area. Chester Village Land Use By-law Amendments: The Chester Village Land Use By-law is amended as indicated below. Added text is underlined. Deleted text is struck through. Amendment made to Map A-3: Rural Commercial Overlay.Remove the Rural Commercial Overlay from properties from within the Chester Village Boundary. The Rural Commercial Overlay now encompasses only those properties zoned Highway Commercial which are also lo cated outside of the Chester Village Boundary. Staff Report -Council Page 10 OHC Cupola Height Exemptions November 10, 2017 Staff Report -Council Page 11 OHC Cupola Height Exemptions November 10, 2017 Prop Staff Report -Council Page 12 OHC Cupola Height Exemptions November 10, 2017 osed Map A-3: Rural Commercial Overlay