HomeMy Public PortalAbout2017-11-16_2_Public Hearing_Shipping Containers_Size LimitationsMUNICIPALITY OF THEDISTRICT OF CHESTER
A G E N D A
PUBLIC HEARINGTo amend the Village of Chester Land Use By-law;to impose a maximum height limit, maximum building ratio andmaximum footprint permitted for shipping containers,and to prohibit the use of refrigerated shipping containers.
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:2017-545 MOVED by Councillor Church, SECONDED by Deputy Warden
Shatford that Council give First Reading to the revised draft amendment to
impose limits on the height, footprint and building ratio for shipping
containers, and further, that Council set a date for Public Hearing. CARRIED
2017-546 MOVED by Councillor Church, SECONDED by Deputy Warden
Shatford that a Public Hearing be held on November 16, 2017 beginning at
8:45 a.m. for Second Reading to the revised draft amendment to impose
limits on the height, footprint and building ratio for shipping containers.
CARRIED.
______________________________________________________________________________________________________________________
(A)DETAILS OF PROPOSED AMENDMENTS
Request from:Village Area Advisory Committee –2017-219 MOVED by Ray Cambria, SECONDED by Brad
Armstrong that the Village Area Advisory Committee recommends that Staff review the recent amendment with the
possibility of imposing limitations on size of permitted containers, with a view to restricting them to 40 foot containers
of a standard eight and that units with built-in refrigeration units should not be permitted under any circumstances.
Request date:18 April 2017 –Motion at VAAC Meeting.
Nature of amendments:
1.Amend the Chester Village Land Use By-law, as shown in Appendix A of the October 12, 2017 Council
Report to impose maximum height, footprint and building ratios for shipping containers;
Purpose of amendments:To limit the overall size of shipping containers and prohibit refrigerated
shipping containers.
(B) MEETING DATES
18 April 2017:Village Area Advisory Committee –Motion to request amendment (2017-219)
27 April 2017:Council –Approval of VAAC Motion to direct staff to prepare amendment (2017-225)
18 July 2017: Village Area Advisory Committee (2017-394)
28 August 2017:Citizens Planning Advisory Committee (2017-479)
14 September 2017:Council –Revisions requested to allow slight flexibility in dimensions
12 October 2017:Council (First Reading) (2017-545)
23 October 2017:Public Information Meeting
(C) DOCUMENTATION
Reports:
22 June 2017 (presented at 18 July 2017 Meeting): Staff Report to Village Area Advisory Committee
28 August 2017:Staff Memo to Citizens Planning Advisory Committee
14 September 2017: Updated Staff Memo to Council
12 October 2017:Updated Staff Memo to Council –with Revised Amendments
Advertisements (Progress Bulletin)
12 July 2017:Notice of Village Area Advisory Committee
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
None to date
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:Limit the Size of Shipping Containers
Public Information Session –October 23, 2017
At a Municipal Council meeting held on October 12, 2017, Council gave 1st Reading to proposed
amendments to the Chester Village Land Use By-law. The purpose of these amendments is to impose a
limit to the maximum height, footprint and a ratio (Width:Length) for any shipping container used within
the Chester Village Planning Area.Additionally, the amendments would prohibit the use of refrigerated
shipping containers.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 Councilor
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.
MEMORANDUM
Prepared By:Garth Sturtevant Date September 28,2017
Reviewed By:Tara Maguire Date October 4, 2017
Authorized By:Tammy Wilson Date October 6, 2017
RECOMMENDATION
1.Recommend that Council give First Reading to the revised draft amendments attached as
Appendix A to impose limits on the height, footprint and building ratio for shipping containers,
and further, that Council set a date for a Public Hearing;
CHANGES TO PROPOSED AMENDMENT REQUESTED BY COUNCIL
Staff presented the proposed Land Use By-law amendment and staff report to Council at a meeting held
September 14, 2017. During discussion, Council requested that staff revise the proposed amendment to
allow flexibility for containers which slightly exceed the standard size (8ft x 40ft) but are generally in
conformance with the intent of the regulations.
The global shipping industry works with standard sizes of shipping containers and is unlikely to be altered,
however,Council wished to allow containers that meet the intent of the proposed amendment but which
could come under scrutiny or complaint due to a minor difference in footprint or height.To address this
direction from Council, staff have revised the proposed standards for shipping containers by increasing
the permitted height from 2.59m (8ft 6in) to 2.7m (8ft 10 in) and the maximum footprint from 29.73 sq. m
(320 sq. ft) to 31.59 sq. m. (340 sq. ft).
The revised amendments also include language to
be added to Section 4.4.4A,Shipping Containers,to
exclude handles, latches, pins,lights,vents or other
minor protrusions from being included in the
maximum size limit calculations. This exemption
would not apply to any features which protrude
more than 0.6m (1 foot) from the wall, floor or roof
of a shipping container.Such protrusions would
however be subject to any applicable yard setbacks
for shipping containers.
Staff would like to note that the proposed width to
length ratio will remain unchanged and will
REPORT TO:Council
SUBMITTED BY:Garth Sturtevant
DATE:October 12, 2017
SUBJECT:Revisions to proposed LUB Amendment to
Limit Size of Shipping Containers
ORIGIN:VAAC Motion Requesting Amendment
Example of a container building with protrusions.
Source:http://www.mechequip.com/wpcontent/uploads/
2016/08/skidbuilding.jpg
Memorandum –Limit Size of Shipping Containers
continue to require containers to be in the general shape and size as originally proposed. The revisions
requested by Council provide an opportunity for flexibility without permitting a significantly larger
container from being used for storage purposes.
CURRENT SITUATION
At the April 18, 2017 meeting of the Village Area Advisory Committee, members passed a motion which
requested an amendment to the Chester Village Land Use By-law. The purpose of the proposed
amendment is to limit the maximum size of shipping containers permitted under Section 4.4.4A Shipping
Containers.The proposed amendment would also prohibit all forms of refrigerated containers due to
concerns with noise and exhaust creating a nuisance or land use conflict with adjacent properties.
Staff have prepared draft amendments to implement size limits for shipping containers, attached as
Appendix A.The draft amendments were presented to the Village Area Advisory Committee at a meeting
held July 18, 2017. VAAC Members passed a motion to recommend that CPAC give positive
recommendation to Council to adopt the proposed amendments to limit the size of shipping containers.
Text of VAAC Motion:
MOVED by Ray Cambria, SECONDED by Councillor Barkhouse that the Village Area Advisory
Committee recommend that the Citizens Planning Advisory Committee accept the
proposed Land Use By-law amendment to impose limits on the size of shipping containers
and prohibit refrigerated containers. CARRIED
The Citizens Planning Advisory Committee considered the proposed amendments at a meeting held
August 28, 2017. CPAC members voted in favour of the proposed amendment with one minor wording
change to replace “Maximum Floor Area” with “Maximum Footprint”for better clarity.Staff have included
this wording change in the current version of the proposed amendment.
Text of CPAC Motion:
MOVED by John Carroll, SECONDED by Mary Ellen Clancey that the Citizens Planning
Advisory Committee recommend to Council to accept the draft amendments as attached as
Appendix A to the Memo dated August 28, 2017 regarding the Proposed Amendment to
impose limits on the height, maximum floor area and a maximum width to length ratio for
shipping containers as discussed and amended to use the term “footprint” regarding
maximum floor area. CARRIED.
DISCUSSION
The draft amendments include maximum limits for the height of containers,footprint and a maximum
building ratio of width to length (1:5). Under the Municipal Government Act, a Land Use By-law cannot
directly dictate the dimensions of a structure. In order to accomplish the stated goal of the amendment,
staff have drafted provisions with the understanding that the combined effect of these provisions will
result in permits only being issued for containers similar to the standard 8 foot width by 40 foot length.
Memorandum –Limit Size of Shipping Containers
OPTIONS
1.Recommend that Council give First Reading to the revised draft amendments attached as
Appendix A to impose limits on the height, footprint and building ratio for shipping containers,
and further, that Council set a date for a Public Hearing;
2.That Council not accept the draft amendments to impose limits on the height, floors area and
building ratio for shipping containers;
3.Refer the issue back to staff to make changes, additions or provide further information.
ATTACHMENTS
Appendix A –Draft Amendments to Chester Village Land Use By-law
Memorandum –Limit Size of Shipping Containers
APPENDIX A –PROPOSED AMENDMENT
Municipality of the District of Chester
A By-Law Amending the Village of Chester Land Use By-law.
NOTE:The proposed amendments are shown below. Strikethrough text is to be removed and new text is
underlined. Recent changes or additions to the proposed amendment are shown in red text.
Be it enacted by the Council of the Municipality of the District of Chester that the Village of Chester Land
Use By-law be amended as follows:
1.Section 4.4.4A (e) and (f) are added as follows:
4.4.4A 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
permitted for the storage or shelter of goods, subject to Section 6.3.5 and 6.3.5A.
(e)Shipping containers permitted under 4.4.4A (b), (c), and (d) must comply with the following
limitations:
(f)Notwithstanding 4.4.4A (e),handles, latches, pins, vents and other minor protrusions shall not
be included in the maximum size calculations but shall be subject to any required yard
setbacks.
(g)Notwithstanding 4.4.4A (f)This exemption shall not apply to any features that protrude more
than 0.6m (1 foot) from the wall, floor or roof of a shipping container.
(h)Refrigerated shipping containers are prohibited and are not permitted under any
circumstances within the area regulated by this by-law. This includes manufactured shipping
containers with built-in refrigeration equipment as well as customized refrigeration units
attached to, or housed within, any shipping container.
Maximum Height Maximum Footprint Maximum Ratio (Width:Length)
2.70 m (8 feet 10 inches)31.59 sq. m. (340 sq. ft)1:5