Memorandum Planning Advisory Committee PR 19/18

Transcription

1 Memorandum Planning Advisory Committee PR 19/18 To: From: Geoff Colter and Members of the Planning Advisory Committee Tony Dakiv, Senior Planner Date: March 21, 2018 Subject: Zoning By-law Amendments I. INTRODUCTION Zoning By-law Z-5 was adopted in June 2013 and a number of housekeeping amendments were approved during the past four years. Some new text and zone mapping issues have been identified and this report contains the fifth round of housekeeping amendments meant to correct and/or clarify these issues. The text issues range in scope from correcting errors, omissions and clarifying requirements to adjustments in standards and use rules to implement and recognize policy and legislative changes. The zoning map changes are required to recognize City park lands, boundary adjustments and mapping errors. The following chart contains a summary of the proposed housekeeping text amendments. The chart identifies the applicable section being amended, the detailed text as it would appear in Zoning By-law Z- 5 and the rationale for the changes. Following the chart are the proposed rezonings required to update the Zoning Maps (Schedule 11). Please consider this memorandum as written request for the concurrence of PAC to adopt the following amendments to Zoning By-law Z-5: II. ANALYSIS Amendments to Zoning By-law Z-5 The following text amendments are proposed to Zoning By-law Z-5: 1. Section 2.1(1)(c ) Development Officer Variance...in accordance with Section 35(2) 55(2) of the Community Planning Act. New Act, new section number. 2. Section 3(3) Definitions Accessory Building means a building not normally used for human habitation, which is subordinate to and on the same lot as the main building or use and may include above or below ground storage tanks with a capacity less than 2000 litres. (bâtiment accessoire) Clarification.

2 3. Section 3 (119) Definitions Add new definition: Cannabis means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act. Revise current definition for production facilities: Medical Marihuana Cannabis Production Facility means a facility and premises authorized by a license issued by the Government of Canada, pursuant to the Cannabis Act used for growing, producing, testing, destroying, storing, or distribution of medical marihuana cannabis but does not include the retail sale of cannabis or cannabis related products. authorized by a license issued by the Federal Minister of Health, pursuant to Section 25 of the Marihuana for Medical Purposes Regulations, SOR/ , under the Controlled Drugs and Substances Act, SC 1996, c 19, as amended (installation de production de marihuana à des fins médicales) Consistency with federal definition. Update: Grow facilities no longer restricted to medical cannabis. Updates definition with applicable legislation. Clarifies cannabis retail sales is not permitted. 4. Section 3 (128) Definitions 5. Section 3 (152) Definitions 6. Section 4.1(17) Telecommunication Towers 7. Section 4.1(10) Restrictions on Use of Accessory Buildings Section 4.2(3) Accessory Buildings (both definitions in alphabetical order and renumber accordingly) Delete the definition of Office - Non-Profit Recreational Vehicle means a unit intended for temporary accommodation for travel, recreational or vacation use and includes travel trailers, motorized homes, slide-in campers, chassis-mounted campers and tent trailers. (véhicule récréatif) (a) Telecommunication Towers are regulated by the federal government through Industry Canada. The Zoning By-law does not regulate the placement of telecommunication towers within municipalities other than those aspects of tower construction involving an accessory building, affixing a tower to an existing building, or signage placed upon a tower. Notwithstanding, the City of Fredericton has a protocol separate application process outside of the Zoning By-law that applicants must follow prior to erecting a telecommunication tower. All applicants seeking approval of a telecommunication tower from Industry Canada must seek the opinion of the municipality as a part of their federal approval process. Add: (d) Despite Section 4.1(10)(c), a shipping container may be used as an accessory building in the P zone and CCI zone. (a) Number of Accessory Buildings (Max) 2 per lot except in industrial zones, P zone, CCI zone and the I-2 zone Correction: use was previously deleted from the zoning by-law but not from the definitions. Correction: typo. Update: The City no longer uses a third party consultant to review and assess cell tower applications. Allows greater flexibility for use of containers as envisioned within Officer s Square plan as well as within City parks.

3 8. Section 5.2(12)(f) Additional parking requirements applicable to the Central Business District (vii) A developer, in lieu of providing required parking spaces, shall pay to the City a sum of money calculated at the rate of $7, per parking space. Such payment shall be in the form of cash or secured in accordance with the terms of an agreement between the Developer and the City and must be made or secured prior to the issuance of a building permit. Clarifies timing and method of cash-in-lieu payment. 9. Section 7.2(4) Attached Carports and Garages (a) A carport or attached garage may be permitted over a driveway in a side yard area if such structure is not more than 4 metres one storey in height and provided that no part of the carport or garage is located less than 1.2 metres from the side property line. Allows more height flexibility for steeper roof pitch design. 10. Section 8.2(2) Uses Add (b) Conditional Uses (1) Keeping of Hens Correction: to allow this use in R-1 zone. Section 8.1 Comparative Use Chart Add c under R-1 column for Keeping of Hens 11. Section 8.10(4)(b) and 8.11(4)(b) Lot Frontage 12. Section: 9.3(4)(b)(ii), Density Bonus 25 metres (Three- or Four Unit Dwelling) Clarification Increase the density bonus for affordable housing to 40% in the MR-2 zone: (ii) For any affordable housing dwelling unit: MAX dwelling units per hectare (MIN m² per dwelling unit) Greater incentive for affordable housing units (4)(b)(ii) Density Bonus (4)(b)(ii) Density Bonus Increase the density bonus for affordable housing to 40% in the MR-4 zone: (ii) For any affordable MAX dwelling units per hectare housing dwelling unit: (MIN 72 83m² per dwelling unit) Increase the density bonus for affordable housing to 40% in the MR-5 zone: (ii) For any affordable MAX dwelling units per hectare housing dwelling unit: (MIN 45 55m² per dwelling unit) Greater incentive for affordable housing units. Greater incentive for affordable housing units. 15. Section 10.3 SPECIAL LAND USE REQUIREMENTS Section 20 List of Schedules Add: 10.3(4) RETAIL SALE OF CANNABIS (a) General Provisions: Where permitted, a retail store which includes the retail sale of cannabis or cannabis related products, in whole or in part, shall not be located within: (i) 300 metres of a lot containing a school (K -12), measured to the property line; Clarifies that cannabis dispenseries are considered a type of retail store and adopts provincial location criteria with respect to schools. New

4 (ii) the area defined in Schedule 10 of this by-law. Add new Schedule 10: Retail Sale of Cannabis and re-number accordingly including List of Schedules. Schedule provides restriction within 300m of a potential future school site off of Valcour Drive. 16. Section 11.8(2) USES Section 11.8(3)(a) USE RULES Section 11.1 Comparative Use Chart 17. Section 11.9(2)(a) Permitted Uses Section 11.1 Comparative Use Chart Add Assisted Living to the list of permitted uses of the COR-1 zone and re-number accordingly (a) Assisted living and Ddwelling units shall comply with... Add P for Assisted Living under the COR-1 column. Add Counselling Service to the list of permitted uses of the COR-2 zone and re-number accordingly Add P for Assisted Living under the COR-2 column Allows more flexibility for assisted living along Main St. Correction 18. Section 11.14(2) USES Add Research and Advanced Technology to the list of permitted uses in the CC zone and re-number accordingly. Allows flexibility for the high tech. businesses to locate in the City Centre. 19. Section 11.14(4)(b) Building Setbacks (i) from a front property line: MIN 0 metres and MAX 53 metres, except: (A) Where a lot fronts on Westmorland Street, Smythe Street, or the south side of Brunswick Street: MIN 3m (ii) from a side property line: MIN 0m and MAX 3 metres, but (A) If a yard is provided its width shall be: MIN 1metre (iii) from a side property line that abuts a flanking street on a corner lot: MIN 0 metres and MIN MAX 3 metres On a corner lot the flanking side yard setback should be the same as the front yard setback. Consistency with City Centre Built Form Design Guidelines.

5 20. Section 11.14(4) (d) Building Design (i) Buildings that are more than four (4) storeys in height shall incorporate a continuous stepback at the third or fourth storey level to a minimum depth of metres on any façade that faces a public street. Consistency with City Centre Built Form Design Guidelines. 21. Sections: 13.3(1) 13.3(1)(a), 13.3(1)(a)(i), 13.3(1)(a)(iii), 13.3(1)(a)(iv) 14.1 (Comparative Use Chart) 14.4(2), 14.5(2) 22. Section 14.2(4)(d) Building Height Rename the use Medical Marihuanna Production Facility to Cannabis Production Facility throughout the by-law. Building Height (MAX) 23. Section 20 Schedules Revise Schedule 1 (attached) : metres Update: Grow facilities no longer restricted to producing only medical cannabis upon legalization. Allows greater flexibility for the variety of building forms possible in the Research & Advanced Technology Zone. Update. - City Centre Planning Area and Central Business District - adjust boundary to match City Centre Plan Amendments to Zoning By-law Z-5 Maps (Schedule 11): Five rezoning initiatives are required to update the Zoning Maps (Schedule 11). The first rezoning will realign the zoning boundary to match the existing park land in Highpoint Ridge. The second is to adjust the zone boundary to more accurately reflect a previous rezoning approval that allowed for R-5 development fronting on Burns Street in the Northbrook subdivision. The third is to recognize additional park land acquired off of Valcour Drive. The fourth is to correct a mapping error for an existing apartment building at the intersection of Waggoners Lane and Hanwell Road as the current MR-3 zone is not intended for stand-alone apartment buildings. The fifth is to recognize a boundary adjustment between properties at 100 Clark Street and 635 Union Street. III. RECOMMENDATION A. It is recommended that the following text amendments to By-law Z-5, A Zoning By-law for the City of Fredericton be approved: 1. Section 2.1(1)(c ) Development Officer Variance Delete 35(2) and replace with 55(2) after...in accordance with Section Section 3(3) Definitions

6 Delete normally 3. Section 3 Definitions Add new definition: Cannabis means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act. Delete entire definition of Medical Marihuana Production Facility and replace with: Cannabis Production Facility means a facility and premises authorized by a license issued by the Government of Canada, pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distribution of cannabis but does not include the retail sale of cannabis or cannabis related products. (alphabetical and renumber accordingly) 4. Section 3 (128) Definitions Delete the entire definition of Office Non- Profit (renumber accordingly) 5. Section 3 (152) Definitions Add e to end of slid 6. Section 4.1(17) Telecommunication Towers Delete separate application process outside of the Zoning By-law and replace with protocol 7. Section 4.1(10) Restrictions on Use of Accessory Buildings Add (d) Despite Section 4.1(10)(c), a shipping container may be used as an accessory building in the P zone and CCI zone. Section 4.2(3)(a) Accessory Buildings Add, P Zone, CCI Zone after 2 per lot except in industrial zones 8. Section 5.2(12)(f)(vii) Additional parking requirements applicable to the Central Business District Add. Such payment shall be in the form of cash or secured in accordance with the terms of an agreement between the Developer and the City and must be made or secured prior to the issuance of a building permit. after...shall pay to the City a sum of money calculated at the rate of $7, per parking space 9. Section 7.2(4)(a) Attached Carports and Garages Delete 4 metres after...if such structure is not more than and replace with one storey 10. Section 8.2(2) Uses Add (b) Conditional Uses (1) Keeping of Hens Section 8.1 Comparative Use Chart Add c under R-1 column for Keeping of Hens 11. Sections 8.10(4)(b) and 8.11(4)(b) Lot Frontage

7 Add (Three- or Four Unit Dwelling) after 25 metres 12. Section: 9.3(4)(b)(ii) Density Bonus Delete 71 and replace with 87 before dwelling units per hectare Delete 140 and replace with 115 before m² per dwelling unit 13. Section: 9.5(4)(b)(ii) Density Bonus Delete 120 and replace with 140 before dwelling units per hectare Delete 83 and replace with 72 before m² per dwelling unit 14. Section: 9.6(4)(b)(ii) Density Bonus Delete 180 and replace with 224 before dwelling units per hectare Delete 55 and replace with 45 before m² per dwelling unit 15. Section 10.3 SPECIAL LAND USE REQUIREMENTS Add: 10.3(4) RETAIL SALE OF CANNABIS (a) General Provisions: Where permitted, a retail store which includes the retail sale of cannabis or cannabis related products, in whole or in part, shall not be located within: (i) 300 metres of a lot containing a school (K -12), measured to the property line; (ii) the area defined in Schedule 10 of this by-law. Section 20 List of Schedules Add new Schedule 10: Retail Sale of Cannabis (attached) and re-number accordingly 16. Sections 11.8(2) USES Add Assisted Living to the list of permitted uses of the COR-1 zone and re-number accordingly Section 11.8(3)(a) USE RULES Add Assisted living and before Dwelling units and change the D in Dwelling units to lower case d Section 11.1 Comparative Use Chart Add P for Assisted Living under the COR-1 column. 17. Section 11.9(2)(a) Permitted Uses Add Counselling Service to the list of permitted uses of the COR-2 zone and re-number accordingly Section 11.1 Comparative Use Chart Add P for Assisted Living under the COR-2 column 18. Section 11.14(2) USES Add Research and Advanced Technology to the list of permitted uses in the CC zone and re-number accordingly. 19. Section 11.14(4)(b)(i) Building Setbacks Delete 5 and replace with 3 after MAX

8 Section 11.14(4)(b)(i)(A) Building Setbacks Delete Westmorland Street Section 11.14(4)(b)(ii) Building Setbacks Add MIN before 0 metres and add MAX 3 metres after 0 metres and delete but (A) If a yard is provided its width shall be: MIN 1metre Section 11.14(4)(b)(iii) Building Setbacks Delete MIN 3 metres and replace with MIN 0 metres and MAX 3 metres 20. Section 11.14(4) (d) Building Design Add continuous after...shall incorporate a... Delete 1.5 and replace with 2.0 before metres 21. Sections: 13.3(1), 13.3(1)(a), 13.3(1)(a)(i), 13.3(1)(a)(iii), 13.3(1)(a)(iv), 14.1 (Comparative Use Chart) 14.4(2), 14.5(2) Delete Medical Marihuanna Production Facility and replace with Cannabis Production Facility throughout the by-law. 22. Section 14.2(4)(d) Building Height Delete 12 and replace with 18 before metres 23. Section 20 Schedules Revise Schedule 1 by deleting ning in Planning and adjust boundary to match City Centre Plan (attached). Sarah s Lane Rezone from Residential Zone Two (R-2) to Park Zone (P) and from Park Zone (P) to Residential Zone Two (R-2)

9 Burns Street Rezone from Residential Zone One Narrow (R-1N) to Residential Zone Five (R-5) Valcour Drive Rezone from Future Development Zone (FD) to Park Zone (P)

10 158 Hanwell Road Rezone from Multi-Residential Zone Three (MR-3) to Multi- Residential Zone Two (MR-2) 100 Clark Street and 635 Union Street Rezone from Multi-Residential Zone Four (MR-4) to Institutional Zone One (I-1) and from Institutional Zone One (I-1) to Multi- Residential Zone Four (MR-4) Prepared By: Tony Dakiv, MCIP Senior Planner Community Planning Approved By: Marcello Battilana, MCIP Manager Community Planning

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