AGENDA PUBLIC HEARING Tuesday, April 3, 2012 7:00 PM in Council Chambers Page 2 3-5 6 7-17 18-19 A. CALL TO ORDER 1. Statement of Chair at Public Hearing 2. Confirmation of Notice Requirements 3. Summary of Staff Report B. BYLAW: Zoning Amendment Bylaw No. 1085.85, 2012 (Metal Storage Containers) 1. Staff Report on Bylaw(s) that are subject of Public Hearing 2. Bylaw 3. Correspondence Received C. PRESENTATIONS 1. Public Representation 2. Council Questions D. ADJOURNMENT Page 1 of 19
STATEMENT OF CHAIR AT PUBLIC HEARING This public hearing is convened pursuant to Section 890 of the Local Government Act, R.S.B.C., 1996 to allow the public to make representation to Council respecting matters contained in: Zoning Amendment Bylaw No. 1085.85, 2012 Every person present who believes that their interest in property is affected by the proposed bylaw shall be given a reasonable opportunity to be heard respecting matters contained in the proposed bylaw. None of you will be discouraged or prevented from making your views known. However, it is important that you restrict your remarks to matters contained in the proposed bylaws. When speaking, please proceed to the microphone and commence your remarks by clearly stating your name and address. Members of Council, may, if they so wish, ask questions of you following your presentation. However, the function of Council at this public hearing is to listen to you rather than to debate the merits of the proposed bylaw. In accordance with the Council Procedure Bylaw, presentations by members of the public shall be limited to a maximum of 5 minutes each. If a person has additional information that he is unable to provide within that time frame, he shall be given further opportunity to address Council after all other interested members of the public have been heard a first time. Please refrain from applause or other expressions of emotion during this public hearing so that we may ensure as impartial a hearing as possible. After this Public Hearing is adjourned, council members will not speak to the public on this matter until after the matter has been dealt with at a public meeting. After this public hearing has concluded, council may without further notice give whatever effect council believes proper to the representations made at this hearing. Page 2 of 19
CONFIRMATION OF ADVERTISING AND POSTING REQUIREMENTS: Notice of this Public Hearing was given in accordance with the Local Government Act and the Community Charter by distributing the notice as follows: In two consecutive editions of the Osoyoos Times on March 21 st and March 28 th Placing the notice on the Notice Board at the Town Hall on March 21 st Posting on the Town s website on March 21 st, and An enews notification was distributed on March 22 th Page 3 of 19
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2012 04 03 Bylaw 1085.85, 2012 SUMMARY OF THE STAFF REPORT Zoning Amendment Bylaw 1085.85, 2012 (metal storage containers) is attached and it is the intent of the bylaw to provide clear regulations to ensure these containers are utilized appropriately in the community and to avoid neighborhood conflicts with what some people perceive as unsightly structures. The bylaw stipulates: 1. That metal storage containers may only be used as an accessory storage structure and shall not be stacked, altered in any way, used for living accommodation, accessible to the general public, or rented as a commercial storage facility, 2. Following the adoption of the amendment bylaw only permit new metal storage containers in Agricultural and Industrial zones. 3. The bylaw regulates the number of containers and their siting. 4. From industrial zoned businesses the containers can be rented, leased or sold for offsite use. 5. Allow in any zone that containers may be used as temporary storage on a lot when a building permit has been issued for a principal building, or on a municipal construction project. 2012 04 03 summary of staff report.doc Page 6 of 19
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TOWN OF OSOYOOS BYLAW NO. 1085.85, 2011 A Bylaw to amend the Zoning Bylaw 1085, 1998. WHEREAS Council deems it desirable to amend the Zoning Bylaw. NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts as follows: 1. This bylaw be cited for all purposes as Zoning Amendment Bylaw No. 1085.85, 2012. 2. The definition of metal storage container shall be added to Section - 2 DEFINITIONS: metal storage container means an intermodal shipping container originally constructed for shipping freight or cargo by sea, rail, or truck, which is placed on a lot and is used as an accessory structure for storage purposes only. 3. That the following subsection shall be added to Section 4.4 Accessory Buildings: 4.4.4 A metal storage container shall only be used as an accessory storage structure and shall not be altered in any way, stacked, used for living accommodation, accessible to the general public, or rented or leased as a part of a commercial storage facility. 4.4.5 A metal storage container is only permitted in the following zones: AG Agricultural zone, M-1 General Industrial zone, M-2 Heavy Industrial zone, and the M-3 Industrial Special zone. 4.4.5.1 The maximum number of metal storage containers shall not exceed two (2) per lot and shall not be located between the principal building and the street frontage, except a lane. 4.4.5.2 In the M-1 General Industrial zone, M-2 Heavy Industrial zone, and the M-3 Industrial Special zone a business can rent, lease or sell metal shipping containers for use elsewhere. 4.4.6 Notwithstanding subsection 4.4.5, in any zone when a valid building permit has been issued for a principal building on a construction site, metal storage containers may be used as temporary storage provided they are removed within 15 business days of the issuance of an Occupancy Permit. The containers shall not interfere with vision clearance at intersections as regulated by Section 4.9. This subsection also applies to municipal construction projects. 1085.85 Shipping Containers.docx Page 18 of 19
Read a First time this 19 th day of March, 2012. Notice given in accordance with the Local Government Act and the Community Charter by way of posting on the Notice Board on the day of, 2012, and by publication in the Osoyoos Times on the day of, 2012, and the day of, 2012. Public Hearing this day of, 2012. Read a second and third time this day of, 2012.. Adopted this this day of, 2012. MAYOR CORPORATE ADMINISTRATION OFFICER 1085.85 Shipping Containers.docx Page 19 of 19