Mayor and Council Christine Batchelar, Planner Zoning Bylaw Text Amendments to the RS6, RS6-C and C2 Zones

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1 ca,~a ABBOTSFORD Report No. PDS COUNCIL REPORT Executive Committee March 30 File No: /ZB /ZB To: From: Subject: Mayor and Council Christine Batchelar, Planner Zoning Bylaw Text Amendments to the RS6, RS6-C and C2 Zones RECOMMENDATIONS 1. THAT Bylaw No , cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 41" be given first and second readings at the next Regular Meeting of Council, and advanced to an upcoming Public Hearing; 2. THAT Bylaw No , cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 42" be given first and second readings at the next Regular Meeting of Council, and advanced to an upcoming Public Hearing; and 3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter. SUMMARY OF THE ISSUE Planning staff are proposing two text amendments that deal with Floor Space Ratio (FSR) (which is a measurement of development intensity on a lot) for the Compact Lot Residential Zone (RS6), Compact Lot Coach House Residential Zone (RS6-C) and Neighbourhood Commercial Zone (C2). Bylaw addresses the RS6 and RS6-C Zones. Under the current Abbotsford Zoning Bylaw, 2014, RS6 and RS6-C zoned properties that are greater than 420m 2 (4,521 ft 2 ) are restricted to 0.5 FSR, and lots that are less than 420m 2 (4,521 ft 2 ) are restricted to 0.65 FSR. This variation has resulted in an inadvertent discrepancy between possible house sizes permitted on the two lot sizes. For example, a house on a larger lot maybe smaller than a house on a smaller lot. Staff is proposing City initiated text amendments to the RS6 and RS6-C zones to remove this discrepancy. Bylaw proposes to amend is the C2 Zone. A C2 zoned property (30475 Cardinal Avenue) {which was C3 under the previous Abbotsford Zoning Bylaw, 1996) has made a strata conversion application (S15-014), and as part of the application review process the City must ensure that the property complies with all City bylaws. In this case the existing buildings exceed the 0.5 FSR permitted in the C2 Zone, therefore the property does not conform to the Abbotsford Zoning Bylaw, Staff is proposing a City initiated text amendment to the C2 Zone to amend the FSR from 0.5 to 0.6 so that the property owner can proceed with their proposed strata conversion. BACKGROUND On September 15, 2014 Council adopted the Abbotsford Zoning Bylaw, 2014, which amended the RS6, RS6-C and C2 zones among many others. Planning staff is proposing to bring forward further amendments to the Abbotsford Zoning Bylaw, 2014 under phase two in the future. These two proposed text amendments would normally L:\3360 Zoning and Rezoning\ City-initiated text amendments\zb-009\pds docx

2 Report No. PDS Page 2 of 3 proceed under the zoning updates as part of phase two, however staff is pursuing these text amendments outside of phase two as building permits are actively being submitted for new house construction on existing vacant RS6 and RS6-C lots, and the owner of an existing C2 zoned property wishes to pursue a strata conversion. To facilitate these developments, staff is pursuing the necessary City initiated text amendments outside of phase two. DISCUSSION Amendment to the RS6 and RS6-C Zones 1. Under the Abbotsford Zoning Bylaw, 2014 the RS6 and RS6-C zones permit a maximum density of 0.5 for lots greater than 420m 2 (4,521 ft 2 ) and a max density of 0.6 FSR for lots less than 420m 2 (4,521 ft 2 ) the permitted density is This has resulted in lots that are larger than 420m 2 (4,521 ft 2 ) being restricted to constructing a smaller house than lots smaller than 420m 2 (4,521 ft 2 ). See a sample of lots and their maximum gross floor area below. Lot Size 400 m ft m ft m ft m ft2 Permitted FSR I Maximum House Size 260 m ft2 273 m ft m ft 2 25 m ft 2 2. The current prescribed maximum density of 0.5 FSR for lots greater than 420m 2 (4,521 ft 2 ) was brought in under the new Abbotsford Zoning Bylaw, The intent of this restriction was not meant to penalize larger lots, but was meant to keep the overall massing of houses constructed on larger RS6 and RS6-C lots in line with the houses that could be constructed on the smaller RS6 and RS6-C lots. 3. Staff proposes to cap the total floor area to 273m 2 (2,939 ft 2 ) for any lot over 420m 2 (4,521 ft 2 ) under the RS6 and RS6-C zones. By capping the FSR to 273m 2 (2,939 ft 2 ) for lots over 420m 2 (4,521 ft 2 ) the intent to keep the massing in line with smaller RS6 lots is achieved. Amendment to the C2 Zone 4. When the City adopted Abbotsford Zoning Bylaw, 2014 several C3 zoned properties were zoned to C2 and their FSR was lowered from 1.3 to 0.5. As part of the review for Zoning Bylaw changes, staff surveyed a sample of existing C3 properties to determine whether the proposed reductions to FSR were reasonable, and those properties surveyed were all under the proposed 0.5 FSR Cardinal Avenue was not included in this initial survey of C3 properties, and by lowering the FSR to 0.5 staff inadvertently created a nonconforming situation for Cardinal Avenue, as their current FSR is The owners of Cardinal Avenue are presently in the process of stratifying the existing commercial buildings; however they are unable to do so as the property is required to conform to all City bylaws under the Strata Property Act Section 242 (5), and it doesn't because of the FSR. 5. Staff have now undertaken a more comprehensive survey of existing C2 properties and their current FSR. Of the 36 properties that are currently zoned C2, three are over the 0.5 FSR; however, all are under 0.6 FSR (see Attachment

3 Report No. PDS Page 3 of 3 ~.-'--~~~~~~~~~~~~~~~~~~~~~~~~- C). Therefore, the proposed staff initiated text amendment will bring all three properties into compliance. 6. The intent of the C2 Zone is as a neighbourhood commercial shopping area where day to day needs of a neighbourhood can be met. Larger commercial shopping areas offering a wider range and larger scale of commercial uses can be found under the Community Commercial Zone (C3). An increase in the FSR under the C2 Zone from 0.5 to 0.6 will not detract from the intent of the C2 Zone as a smaller scale, local commercial zone with a maximum height of two storeys as opposed to the C3 Zone, which allows an FSR of 1.3 and a maximum height of three storeys. The proposed amendment will resolve all nonconforming FSR conditions for the C2 Zoned properties created through the adoption of the new Zoning Bylaw in September Communication Plan If supported by Council, the Zoning Bylaw Amendment will proceed to a Public Hearing. Two advertisements for the Public Hearing will be published in the City Page of the local newspaper and Council will be provided with copies of any feedback received. FINANCIAL PLAN IMPLICATION No financial plan implications are anticipated. IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION The proposed text amendments to amend the FSR for lots greater than 420m 2 (4,521 ft 2 ) within the RS6 and RS6-C Zones from 0.5 to 273m 2, and to amend the FSR of the C2 Zone from 0.5 to 0.6 is consistent with the policies contained within the City's Official Community Plan (OCP). SUBSTANTIATION OF RECOMMENDATION Planning staff recommends support for the proposed text amendments to amend the FSR of the RS6 and RS6-C zones for lots greater than 420m 2 (4,521 ft 2 ) and for the C2 Zone, as the proposals will eliminate unintended discrepancies between permitted house sizes within the RS6 and RS6-C zones and will resolve three nonconforming C2 zoned properties, which will allow Cardinal Avenue to pursue a strata conversion. M~ Darren Braun Director of Development Planning //_/f) - ~-- Department Head Approval: Siri Bertelsen General Manager of Planning & Development Services Encl. Attachment "A": Rezoning Bylaw No Attachment "B": Rezoning Bylaw No Attachment "C": Existing C2 Properties

4 CITY OF ABBOTSFORD ATTACHMENT A ABBOTSFORD ZONING BYLAW, 2014, AMENDMENT BYLAW NO. 41 Bylaw No ZB The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 41". 2. AMENDS COMPACT LOT RESIDENTIAL (RS6) ZONE AND COMPACT LOT COACH HOUSE RESIDENTIAL ZONE (RS6-C) Abbotsford Zoning Bylaw, 2014, as amended, is further amended by: (a) deleting and replacing Section with the following: (b) "380.3 Development Regulations Development Regulations Table for RS6 Zone Column I Column II.1 Density (maximum) Floor Space Ratio Gross Floor Area for lots greater than 420 m m 2.2 Minimum setbacks Principal Building m.3 (front lot line) Minimum setbacks (rear lot line) Accessory Building or Structure m Principal Building with lane access m Principal Building without lane access m c. Accessory Building or Structure m.4 Minimum setbacks Principal Building -1.2 m (interior side lot line) Accessory Building or Structure m.5 Minimum setbacks Principal Building m (exterior side lot line) Accessory Building or Structure m.6 Minimum setbacks Between Principal Building and Accessory (between buildings) Building or Structure m.7 Height (maximum) whichever is less.8 Lot coverage (maximum) 45% Principal Building- 9.5 m or three storeys, Accessory Building or Structure m deleting and replacing Section with the following: "385.3 Development Regulations Development Regulations Table for RS6-C Zone Column I Column II.1 Density (maximum) Floor Space Ratio , excluding the floor area of a Coach House and associated accessory building Gross Floor Area for lots greater than 420 m m 2, excluding the floor area of a Coach House and associated accessory building Final Draft~ March 24 "and;

5 CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 2014, AMENDMENT BYLAW NO. 41 Bylaw No ZB Minimum setbacks (front lot line).3 Minimum setbacks (rear lot line).4 Minimum setbacks (interior side lot line).5 Minimum setbacks (exterior side lot line). 6 Minimum setbacks (between buildings). 7 Height (maximum).8 Lot coverage (maximum) c. b. c. b. c. Principal Building- 3.0 m Accessory Building or Structure m Principal Building-11.5 m Accessory Building with Coach House m Accessory Building or Structure m Principal Building m Accessory Building or Structure m Principal Building m Accessory Building or Structure m Between Principal Building and Accessory Building or Structure (other than Coach House) m Between Principal Building and Accessory Building with Coach House m Between Accessory Building with Coach House and other Accessory Building or Structure m Principal Building- 9.5 m or three storeys, whichever is less Accessory Building with Coach House m or 2 storeys, whichever is less Accessory Building or Structure m 45% READ A FIRST TIME this READ A SECOND TIME this PUBLIC HEARING HELD this READ A THIRD TIME this APPROVED by the Minister of Transportation and Infrastructure this ADOPTED this Henry Braun Mayor William Flitton Corporate Officer Final Draft - March 24

6 ATTACHMENT B CITY OF ABBOTSFORD ABBOTSFORD ZONING BYLAW, 2014, AMENDMENT BYLAW NO. 42 Bylaw No ZBOOS-2015 The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS: 1. CITATION Bylaw No may be cited as "Abbotsford Zoning Bylaw, 2014, Amendment Bylaw No. 42". 2. AMENDS COMMUNITY COMMERCIAL (C2) ZONE Abbotsford Zoning Bylaw, 2014, as amended, is further amended by deleting and replacing Section with the following: "520.3 Development Regulations Development Regulations Table for C2 Zone Col umn I Col umn II.1 Density (maximum) Floor Space Ratio Minimum setbacks (interior lot line).3 Minimum setbacks (exterior lot line).4 Height (maximum).5 Lot coverage (maximum) 3.0m 1.0 m 10.0 m or three storeys, whichever is less 50% READ A FIRST TIME this READ A SECOND TIME this PUBLIC HEARING HELD this READ A THIRD TIME this APPROVED by the Minister of Transportation and Infrastructure this ADOPTED this Henry Braun Mayor William Flitton Corporate Officer Final Draft - March 24

7 ATTACHMENT C Existing C2 Properties Commercial Development Civic Address Name rtf.r.r.it1f.1i1; ;" :...~I~ ~- 1 Jt1t ''!11.ll\Tf:I! >:, :..;j ~ Gians Business Centre Centre Ice Great West Fitness Alano Club Yale Court Essa Unnamed Mt. Lehman Station Clayburn Centre ~~tlll:l:uiic:t::ll l~i ~.,,,,,.ftii!j 3700 TOWN LINE RD 3600 TOWN LINE RD 2550 YALE CT 2584 CYRIL ST 2441 MCCALLUM RD OLD YALE RD 2491 MCCALLUM RD FRASER HWY 2459 MCCALLUM RD 3270 MT LEHMAN RD 3033 IMMEL ST Glenn Mountain Shopping Vi 2618 MCMILLAN RD Glenn Mountain Shopping Vi 2596 MCMILLAN RD Unnamed 3550 MT LEHMAN RD Lous Bar and Grill 2852 GLADYS AVE 2343 MCCALLUM RD Parallel Marketplace 1920 NORTH PARALLEL RD Ellwood Centre MACLURE RD Mt. Lehman Medical Centre CARDINAL AVE Fraser Station FRASER HWY Yale Court Plaza 2526 YALE CT Whatcom PetroCanada 2054 WHATCOM RD Station House Pub 3122 STATION RD DELAIR RD Whatcom McDonalds 2100 WHATCOM RD Augustan AUGUSTON PARKWAY SOUTH 2469 MCCALLUM RD 2842 GLADYS AVE 2479 MCCALLUM RD 2435 MCCALLUM RD 2427 MCCALLUM RD MCKEE RD 3471 WHATCOM RD Lot Area (m2) toom ~ ~ 17,354 22,035 10, ,483 1,003 7, ,444 18,878 3,900 3,634 4, ,117 23,205 13,022 4,962 5,742 4,952 8,191 5,474 8,318 10,543 14,799 2,892 14,218 6,150 Lot Area (acres) Total Gross Floor Area (m2) Actual FSR M flm mm fm!: 0fim m r:t.m ~ m 4.3 6,744* , , , , , , , , , , , , , , , , ** Vacant ** ** Vacant Vacant 0 * Application under review proposed FSR for phase 1 and 2 ** Property contains single family residence