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THE CORPORATION OF THE TOWN OF TECUMSEH

Planning and Building Services

Report No. 43/14

TO: Mayor and Members of Council

FROM: Chad Jeffery, MA,MCIP, RPP Manager, Planning Services / Senior Planner

DATE: August 28, 2014

DATE TO COUNCIL: September 9, 2014

SUBJECT: Dan’s Nautical Shop (12237 Riverside Drive) Proposed Temporary Use By-law Sea Container as an Accessory Storage Building OUR FILE: D19 DANS

RECOMMENDATIONS: It is recommended that:

1. The scheduling of a public meeting to be held on Tuesday, October 14, 2014 at 5:00 p.m., in accordance with The Planning Act for the application submitted by Ms. Claire Denomme (Dan’s Nautical Shop) requesting the passage of a Temporary Use By-law in accordance with Section 39 of the Planning Act to permit the use of a sea container as an accessory storage building for a period of up to three years on a 0.16 hectare (0.40 acre) parcel of land situated on the south side of Riverside Drive, immediately west of its intersection with Lesperance Road (12237 Riverside Drive), be authorized.

BACKGROUND: Property Location and Background Information The subject property is a 0.16 hectare (0.40 acre) parcel of land situated on the south side of Riverside Drive, immediately west of its intersection with Lesperance Road and known municipally as 12237 Riverside Drive (see Attachment 1). The property is the site of Dan’s Nautical Shop retail store and forms part of the Lesperance Road/Riverside Drive commercial node. Single-unit residential uses are situated across Riverside Drive to the north. Col. Paul Poisson Park abuts the property to the immediate east, with additional commercial lands located beyond that, on the east side of Lesperance Road. Town land (Municipal Parking Lot and Bell switch station) abuts the property to the immediate south, with additional commercial lands beyond that. To the west is a gas station/retail store along with some small scale retail uses fronting on Riverside Drive, beyond which are located single unit residential dwellings that front onto Chene Street. In early 2014, a sea container was placed on the subject property for the purpose of storing equipment/supplies related to the commercial store located on-site (see Figure 1). The sea container was placed on the site without consulting Town Administration with respect to zoning or building code compliance.

Planning and Building Services Report 43/14 Dan’s Nautical Shop (12237 Riverside Drive) Proposed Temporary Use By-law Sea Container as an Accessory Storage Building OUR FILE: D19 DANS of 11 August 28, 2014

In March of 2014, a by-law complaint was received by the Town regarding the placement of the sea container on the subject property. After review of the Tecumseh Zoning By-law 1746, it was confirmed that the sea container was not a permitted use/structure on the property. On March 19, 2014, an order was issued to the property owner ordering the removal of the sea container. A second order was issued on May 2, 2014. In response to these municipal orders, the property owner met with Town Administration to inquire about alternatives that could be sought in order to maintain the sea container on-site. Administration advised that an application for a Temporary Use By-law, in accordance with Section 39 of the Planning Act, could be applied for if the owner wished to maintain the sea container on a temporary basis. However, Administration advised that the appropriateness of requesting this type of structure as a temporary use would need to be evaluated through the planning review process, including a public meeting in accordance with the requirements of the Planning Act. Proposal In response to the foregoing, Ms. Clair Denomme (“the Owner”) has filed an application with the Town to amend the Tecumseh Zoning By-law 1746, requesting the passage of a Temporary Use By-law. The application proposes to permit the use of the sea container as an accessory storage building for the existing commercial business for a period of up to three years. The sea container is approximately 350 square feet in area and is located to the rear of the commercial building that occupies the northern portion of the property, fronting Riverside Drive (see Attachment 2). The applicant notes that the sea container provides on-site storage of boating-related merchandise such as individual boat seats, boat ropes and small boat motors as well as storage racks and tents for sidewalk sales. The applicant has advised that recent customer demand for these products has necessitated bringing large quantities of the products on-site for immediate purchase rather than having to order the product on an as-needed basis, resulting in undue shipping delays. The applicant believes that the temporary use will assist in determining if the continued on-site inventory of these products can be a viable component of the business. If deemed viable, the applicant has advised that the sea container will be removed and a permanent storage building will be constructed to store the product.

Figure 1: Subject Sea Container (View from over fence)


COMMENTS: Planning Act Temporary uses are regulated through Section 39 of the Planning Act. Section 39 states: “39 Temporary Use Provisions

(1) The council of a local municipality may, in a by-law passed under section 34, authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law.

Area and time in effect (2) A by-law authorizing a temporary use under subsection (1) shall define the area to which it applies and specify the period of time for which the authorization shall be in effect, which shall not exceed three years from the day of the passing of the by-law. Extension (3) Despite subsection (2), the council may by by-law grant further periods of not more than three years each during which the temporary use is authorized. Non-application (4) Upon the expiry of the period or periods of time mentioned in subsections (2) and (3), clause 34 (9) (a) does not apply so as to permit the continued use of the land, buildings or structures for the purpose temporarily authorized.”

Council consideration of the proposed temporary use on the subject property can only proceed in accordance with Section 39 of the Planning Act. The Planning Act also establishes that Council must hold a public meeting prior to the passage of a Temporary Use By-law similar to the public meeting required by a Zoning By-law Amendment. Official Plan The subject property is designated “General Commercial” on Schedule “A” of the Tecumseh Official Plan (see Attachment 3). The Plan permits a wide range of commercial uses. Although the Tecumseh Official Plan does not contain specific policy regarding temporary uses, established planning principles identify criteria that typically need to be met in order to permit a temporary use. Generally they include:

i. that the proposed use shall be of a temporary nature, and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of temporary use provisions;

Comment: The proposed use is currently already in the possession of the applicant and located on-site. It is understood that undue hardship will not result once the removal of the sea container is required. Fundamentally, a sea container is the type of “temporary” structure that would be contemplated as in it does not necessitate major construction and can easily be of a temporary nature.


ii. that the proposed use shall not be incompatible with adjacent land uses and the character of the surrounding area.

Comment: As noted, the subject property is situated within the Lesperance Road/Riverside Drive commercial node and in close proximity to residential neighbourhoods. The use of sea containers as storage buildings are typically observed in industrial areas only. The use of these containers in commercial areas is not a common practice or type of built form and is currently not permitted as a permanent feature. Given it is almost completely screened from public view (due to its placement at the rear of the building and the property’s fencing and significant shrubbery and trees) it may have limited incompatibility and impact on the character of the surrounding area (see Figure 2 below).

iii. that the proposed use shall be properly serviced and not require the extension or expansion of existing municipal services.

Comment: No services are required for the sea container.

iv. that the proposed use shall not

create any traffic problems within the surrounding area, nor shall it adversely affect the volume and/or type of traffic found on the area's roads;

Comment: Neither the sea container nor the increased storage of items for sale should create traffic problems.

v. that parking facilities required by the proposed use shall be provided entirely on-site;

Comment: Parking areas are present on site. The sea container will not generate any increased traffic.

vi. that the proposed use shall generally be beneficial to the surrounding area or the

community-at-large.

Comment: The proposed temporary use could help strengthen the subject commercial business in the long term and thereby strengthen the Lesperance Road/Riverside Drive commercial node. However, the compatibility of the proposed temporary use with the abutting properties must be addressed by way of maintaining the existing visual screening features.

vii. the temporary use is determined to not have any detrimental effect upon the existing

land uses in the area.

Comment: A public meeting to consider the proposed Temporary Use By-law will

Figure 2: Subject Sea Container (View from Lesperance)


provide an opportunity to hear concerns and comments, if any, of neighbouring owners and other interested stakeholders. It is important that the concerns and comments of these stakeholders be taken into consideration as part of the full evaluation of the application.

Zoning The subject property is currently zoned “General Commercial Zone (C3)” on Map 2 of the Tecumseh Zoning By-Law 1746 (see Attachment 4). The (C3) zone permits a wide range of commercial uses. The C3 zone does not currently permit a sea container as a permitted structure. More particularly, it is noted that subsection 5.14 specifically prohibits similar-type structures to be uses as storage facilities within the former Tecumseh urban area. Section 5.14 provides guidance with regards to storage within non-traditional type structures and identifies that structures similar to that of a sea container should not be used for storage purposes: “5.14 TRUCK, BUS AND COACH BODIES OR TRAILERS OR TENTS USED FOR HUMAN

HABITATION, OFFICE OR STORAGE PURPOSES

c) No bus, coach or street car body, transport trailer, truck, tent, trailer, mobile home or other vehicle, as defined in Section 3 of this by-law, shall be used as a permanent office or for storage purposes within the Municipality.”

The intent of the By-law is that structures similar to the one proposed by the owner are types of structures that should not be used for office or storage purposes. They are generally deemed to be of a standard not suitable for the stated purposes or in the context of a healthy, vibrant and “typical” urban town environment. Sea containers were never specifically addressed in local Zoning By-law as they have only recently become an alternative to the noted structures. As previously noted, Administration has observed that sea containers are becoming a more prevalent option for storage within industrial areas of the Town (regulated by the Sandwich South Zoning By-law 85-18) and in other industrial areas within the region. However, the use of sea containers in traditional commercial areas has generally not been identified as a normal occurrence or an appropriate form of development, particularly for permanent use. The nuance in this particular case is that the use is being sought for a temporary period of three years combined with it being largely screened from public view. Administrative Comments Building Services The applicant will be required to engage the services of an Architect, Professional Engineer or a suitable Qualified Designer to provide confirmation that the use of the sea container as an “alternative solution” to a traditional structure meets the requirements of the Ontario Building Code, to the satisfaction of the Chief Building Official.


Issues for Consideration In addition to the aforementioned planning principles regarding temporary uses, consideration should also be given to the following when reviewing this specific application:

i. Alternatives to Proposed Sea Container: A similar-sized building or an addition to the existing building could be constructed by the applicant that complies with the Zoning By-law.

ii. Setting of a Precedent: If deemed appropriate, could this lead to other commercial areas within the Town seeking approval for sea containers?

iii. Reasonable Timeline: If deemed appropriate, how many years should the temporary use be permitted for (1-3 years)? The applicant is requesting three year.

Conclusion In summary, it is the opinion of the writer, along with Town Administration, that the proposal requires further review and consideration. A public meeting to consider the proposed Temporary Use By-law is required in accordance with the requirements of the Planning Act and will provide an opportunity to hear concerns and comments, if any, of neighbouring owners and other interested stakeholders. It is important that the concerns and comments of these stakeholders be taken into consideration as part of the full evaluation of the applications. CONSULTATIONS: The application was reviewed at recent Planning Staff Review meeting(s) by: Public Works and Environmental Services Fire and Emergency Services FINANCIAL IMPLICATIONS: There are no financial implications. LINK TO STRATEGIC PRIORITIES: The subject application is not directly linked to a strategic priority.


This report has been reviewed by senior Administration as indicated below and recommended for submission by the CAO. Prepared by: ________________________________ Enrico De Cecco, BA (Hons.), MCIP, RPP Junior Planner

Prepared by: ________________________________ Chad Jeffery, MA, MCIP, RPP Manager, Planning Services/Senior Planner

Reviewed by: ________________________________ Brian Hillman, MA, MCIP, RPP Director, Planning and Building Services

Reviewed by: ________________________________ Mike Voegeli Area Manager, Building Services / Chief Building Official

Recommended by: ________________________________ Tony Haddad, MSA, CMO, CPFA Chief Administrative Officer

ED Attachment(s): 1. Subject Property and Surrounding Lands Map 2. Location of Sea Container Map 3. Official Plan Map 4. Zoning Map File Name (R:\ZBA & OPA APPLICATIONS\D19 DANS\Planning Report 43-14, D19 DANS, Dan's Nautical Shop, Temporary Use By-law.docx)

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