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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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Prop
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osed Map A-3: Rural Commercial Overlay