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ABBOTSFORD
Report No.: PDS 053-2015
COUNCIL REPORT
Executive Committee
March 27, 2015
To:
From:
Subject:
Mayor and Council
Christine Batchelar, Planner
Section 929 of Local Government Act - Withholding of Permits and Licences
that Conflict with Bylaws in Preparation
RECOMMENDATIONS
THAT Council pass the following resolution:
"That staff be directed to review the permitted uses within the C7 zone
and, where appropriate in the context of sound planning practices, begin
the preparation of a zoning bylaw amendment that would reinstate
previous restrictions on retail uses, including but not limited to,
consignment/pawnshops, the sale of drug paraphilia and adult
entertainment uses".
BACKGROUND
1.
On September 15th, 2014 Council adopted the Abbotsford Zoning Bylaw, 2014.
The newly adopted zoning bylaw clarified many of the permitted uses found
within all zones. For example, under the Abbotsford Zoning Bylaw, 1996
Commercial Use was a permitted use in many of the commercial zones, however
this was an all-encompassing term which staff felt needed to be broken down into
different components. Under the Abbotsford Zoning Bylaw, 2014 commercial
uses are now separated into many types of uses, such as, Child Care Centre,
Coffee Shop, Commercial School, Farmers Market and Retail, to list a few.
These uses are permitted in some zones and not permitted in others.
2.
The C7 Zone under the 1996 Zoning Bylaw, permitted Commercial Use with
certain exclusions (see Attachment A). Under the C7 Zone of the 2014 Zoning
Bylaw, permitted uses are shown in the Permitted Uses Table for C7 Zone with
exceptions identified under Section 570.2.12 and .13 (see Attachment B).
3.
In light of recent conversations with ADBA staff, it was noted that several of the
restrictions included in Abbotsford Zoning Bylaw, 1996 may have been
inadvertently overlooked in the adoption of the 2014 Zoning Bylaw. To allow staff
the opportunity to review this issue in greater detail and to prevent new
businesses from locating on properties zoned C7 that were previously prohibited,
staff is recommending that Council pass the resolution above. If approved, in
accordance with Section 929 of the Local Government Act, this resolution may
enable staff to withhold the issuance of new permits and licenses for a maximum
of 90 days and should the Zoning Bylaw restrict these uses after the review, a
corresponding permit or license may be denied.
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Report No. PDS 053-2015
Communication Plan
The Abbotsford Downtown Business Association will be consulted as staff reviews the
C7 Zone and the permitted uses. After the review has been completed, staff, if
appropriate, will bring forward a text amendment to the C7 Zone for Council
consideration. A Public Hearing will be required as part of a future staff initiated text
amendment.
FINANCIAL PLAN IMPLICATION
No financial plan implications are anticipated.
SUBSTANTIATION OF RECOMMENDATION
Planning staff recommends Council pass a resolution in accordance with Section 929 of
the Local Government Act to withhold the issuance of new licenses and permits
involving uses that were prohibited under Abbotsford Zoning Bylaw, 1996 including but
not limited to the retail sale of drug paraphilia, used goods (consignment/pawnshops),
and adult entertainment uses, as staff reviews the permitted uses in the C7 Zone in
greater detail.
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Department Head Approval:
Siri Bertelsen
General Manager of Planning & Development
Services
R~
Blake Collins
Senior Planner
Encl.
Attachment A -Abbotsford Zoning Bylaw, 1996 - C7 Zone
Attachment B- Abbotsford Zoning Bylaw, 2014- C7 Zone
Attachment C - Section 929 Local Government Act
ATTACHMENT A
500
580
C7
DOWNTOWN ABBOTSFORD COMMERCIAL ZONE (C7)
(BtL 1150-2002)
Permitted Uses
580.01 The following uses and no others shall be permitted in the C7 zone:
Assembly Use, limited to:
auditoriums;
banquet and reception rooms;
child care centre use;
seniors centre;
social halls limited to lots described as Lots 12, 13, and 23 Section 22 Township
16 NWD Plan 464A and known municipally as 2513 West Railway Street (BtL
1248-2003)
Civic Use, limited to:
federal and provincial offices, excluding remand centres, prisons, detention and
parole facilities;
municipal offices and related facilities;
museums, community centres, performing
commercial uses accessory thereto; and
and
visual
arts
centre,
and
park uses
Commercial Use, excluding:
bankruptcy and/or liquidation sales;
body rub parlour;
building supplies sales;
cheque cashing other than a financial institution regulated under the Financial
Institutions Act or the Bank Act;
collection depots for bottles and paper;
escort services;
personal loan services other than those regulated by the Financial Institutions Act
or the Bank Act;
repair use, unless accessory to a retail sales use and where the repair use
occupies less than 20% of the floor area
sex or drug paraphernalia sales other than contraceptive devices;
2007 II 05
Abbotsford Zoning By-law, 1996
580-1
500
C7
tattooing and/or body piercing;
thrift stores;
vehicle and marine sales, leasing and seNicing
Indoor Sports Use, excluding:
billiard halls
Information Technology Use
Mobile Food Vending Cart
Office Use, excluding:
cheque cashing or personal loan seNices other than those regulated under the
Financial Institutions Act or the Bank Act; and
detoxification centres, drug or alcohol addiction counseling or treatment centres,
needle exchanges, safe injection sites, rehabilitation centres or any type of similar
uses or facilities
Off Street Parking Use
Residential Use, limited to a residential use in conjunction with another permitted use;
excluding emergency shelter use and supportive recovery use. (BtL 1701-2007)
Restaurant Use, excluding:drive-through restaurant, unless accessory to restaurant use
providing indoor seating for a minimum 50 patrons; and restaurant use containing more
than two billiard table or more than two amusement devices of any description. (BtL 12322003)
Tourist Accommodation (Type A) Use
(BtL 1232-2003)
Conditions of Use
580.02 Commercial school use or indoor sports use shall not be located on the first storey or at
street level for parcels with frontage:
(1)
(2)
on Essendene Avenue between Pauline Street and West Railway Street, or
on Montrose Avenue between George Ferguson Way and South Fraser Way.
(B/L 1460-2005)
580.03 No more than 25% of each block face at the first storey or at street level:
(1)
along Essendene Avenue between Pauline Street and West Railway Street, or
(2)
along Montrose Avenue between George Ferguson Way and South Fraser Way.
(B/L 1460-2005)
shall be used for permitted office use.
2007 II 05
Abbotsford Zoning By-law, 1996
580-2
C7
500
580.04 A residential use, other than lobbies or entrance areas, shall:
(1)
not be located on the first storey or at street level;
(2)
not be located on the same storey as another permitted use unless the
residential use is separated by a fire separation with no circulation shared with
other
permitted
uses;
(B/L 1460-2005)
(3)
only be permitted where each dwelling unit is provided with a private, indoor
storage area having a minimum capacity of 3.0 m3 and no dimension less than
1.2 m; and
(4)
only be permitted where at least 90% of required residential off street parking is
provided either underground or above the first storey, and is separate from
commercial parking.
580.05 A tourist accommodation use shall have a minimum of 75 rooms
580.06 Despite the provisions of Sections 150.20 and 150.21, the minimum floor area of a
dwelling unit shall be:
(1)
65 m2 for each studio or one bedroom unit;
(2)
80 m2 for each two bedroom unit; and
(3)
120 m2 for each three bedroom or larger unit.
580.07 Storage must be accessory to a permitted use and:
(1)
not occupy more than 20% of the main floor area or be within 6 m of a window
facing a street at street level; and
(2)
shall take place entirely within a wholly enclosed building.
580.08 Despite the provisions of Section 580.07, storage related to seasonal garden centres is
subject to the following regulations:
(1)
shall not exceed 3.0 m in height;
(2)
shall be sited in accordance with the setbacks as specified for storeys not
containing residential uses in Section 550.08;
(3)
shall be limited to that part of the lot surfaced with asphalt or concrete;
(4)
shall not include storage of material or goods likely to produce or give off dust or
other particulate matter that may become wind-borne; and
(5)
where fenced, shall be limited to:
(a)
2007 11 05
decorative fencing; or
Abbotsford Zoning By-law, 1996
580-3
500
C7
(b)
a landscape screen with a minimum width of 1.5 m: or
(c)
fencing with a landscape screen with a minimum width of 1.5 m.
Density
580.09 The maximum floor space ratio shall be 1.25 provided that this may be increased to a
maximum of 2. 75 as follows:
(1)
0.05 times each 1% of the lot area constructed as a pedestrian landscaped area,
not to exceed 0.5;
(2)
1.0 times the ratio of underground parking to required off street parking, not to
exceed 1.0.
Lot Coverage
580.10 The maximum lot coverage shall be 95%.
Height of a Building or Structure
580.11 The maximum height of any building or structure shall be 15.0 m.
Setbacks
580.12 Buildings and structures shall be sited in accordance with the following minimum
setbacks:
Buildings and
Structures for
Storeys containing
Residential Uses
Storeys not containing
Residential Uses
Exterior
Lot Line
Interior
Lot Line
0.0 m
7.5m
0.0 m
3.0 m, except 0.0 m where
abutting_ a C or I zone
Building Width and Length
580.13 No storey of a building or structure that contains a residential use shall have any building
face exceeding a width or length of 15.0 m without an architectural break in any one
continuous vertical plane. For the purposes of this Section, an architectural break means
a feature or features altering the appearance of a building face in either the horizontal or
vertical direction, in at least one of the following ways:
(1)
an outward extension of the building face by at least 1.2 m;
(2)
walls recessed at least 1.2 m or angled not less than 30°; or
(3)
balconies or walls stepped back at least 1.0 m in successive storeys.
2007 11 OS
Abbotsford Zoning By-law, 1996
580-4
570 - Historic Downtown Commercial
Zone (C7)
Intent: To accommodate commercial and mixed-use developments
up to four storeys in height in the Historic Downtown area
C7
ATTACHMENT B
570.1 Permitted Uses
Permitted Uses Table fo r C7 Zone
Principal Uses
.1
Animal Hospital
.2
Apartment
.14 Liquor Store
.3
Child Care Centre
.15 Media Studio
.4 Civic Use
.5 Coffee Shop
.6 Commercial School
.7 Congregate Apartment
.8 Farmers Market
.9 Financial Institution
.10 Fitness Studio
.11 Funeral Parlour
.12 Health Care Office
Accessory Uses
.24 Bed and Breakfast
.25 Home Occupation- Levell
.13 Indoor Recreation Facility
.16 Off-Street Parking
.17 Office
.18 Personal Service Establishment
.19 Pub
.20 Restaurant
.21 Retail
.22 Seasonal Garden Centre
.23 Tourist Accommodation
570.2 Site Specific Permitted Uses
.1
Assembly shall be a permitted use on the following lots:
a.
PID: 008-657-866
Lot A NWD Plan 75934
b.
PID: 025-787-209
Lot B NWD Plan 464A
c.
PID: 011-121-921
Lot A NWD Plan 7319
d.
PID: 011-247-398 and 011-247-436
Lots C and D NWD Plan 7629
e.
2552 McCallum Rd
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o
570 - Historic Downtown Commercial
Zone (C7)
C7
570.3 Development Regulations
Development Regulations Table for C7 Zone
Column II
Column I
a.
b.
.1
Floor Space Ratio- 1. 75
Where underground parking is provided,
density may be increased by the ratio of
Density (maximum)
underground parking to required
off-street parking, to a maximum
additional FSR of 1.0.
.2 Minimum setbacks
(front lot line)
.3
Minimum setbacks
(rear lot line)
a.
O.Om
a.
Storeys containing Residential
uses -4.5 m
b.
Storeys not containing Residential uses3.0 m, except 0.0 m where abutting a C
zone
.4
Minimum setbacks
(interior side lot line)
a.
Storeys containing Residential
b.
Storeys not containing Residential
uses- 4.5 m
uses -0.0 m
.5
Minimum setbacks
(exterior side lot line)
a.
.6
Height (maximum)
a.
15.0 m or 4 storeys, whichever is less
.7
Lot coverage (maximum)
a.
95%
O.Om
570.4 Landscaping and Off-Street Parking
.1
In the event an existing building is destroyed by fire within the Historic
Downtown Commercial (C7) Zone, the reconstruction of the building will be
considered a renovation for the purpose of calculating parking requirements .
.2
Refer to sections 140 and 150 for requirements pertaining to landscaping and
off-street parking.
570.5 Conditions of Use
.1
An Apartment or Congregate Apartment use shall only be permitted when
developed in conjunction with one or more principal use(s) .
.2
The minimum dwelling unit size in an Apartment shall be 56 m
2
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ABBOTSFORD
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570 - Historic Downtown Commercial
Zone (C7)
.3
C7
A portion of any lot used for an Apartment or Congregate Apartment use shall
be provided as common indoor or' outdoor amenity area, in the amount of
2
3.0 m per dwelling unit, and shall not be located within the required setbacks .
For the purposes of this section, common indoor or outdoor amenity area
means an area or areas :
a.
b.
c.
available for all residents of the principal buildings;
having no dimension less than 6.0 m or slope greater than 5%; and
providing for pedestrian amenities, greenery, recreational space, and
other leisure activities .
.4
The ground floor of build ings in the C7 zone shall be designed to meet BC
Building Code standards for commercial uses .
.5
Home Occupation- Level 1 shall only be permitted within an Apartment unit.
.6
An Apartment or Congregate Apartment shall have all entrances, exits and
lobbies entirely separated from those that access all other uses .
.7
A Tourist Accommodation shall have a minimum of 10 rooms .
.8
A Commercial School shall not be permitted on the ground floor of a building .
.9
A Retail use consisting of the sale of used goods shall be limited to items on
consignment only .
.10 Storage must be accessory to a permitted use and:
a.
b.
not occupy more than 20% of the main floor area or be within 6.0 m of a
window facing a street at street level; and
shall take place entirely within a wholly enclosed building .
.11 Notwithstanding the provisions of section 570.5.10, unenclosed storage related
to Seasonal Garden Centre is permitted, subject to the following regulations:
a.
b.
c.
shall not be located within 3.0 m of an exterior lot line;
be limited to that part of a lot that is surfaced with asphalt paving, concrete
or another dust free material; and
not include storage of materials or goods likely to produce or give off dust
or other particulate matter that may become wind-borne .
.12 A Financial Institution or Office shall not consist of any of the following uses or
activities in the C7 zone: cheque cashing or personal loan services other than
those regulated under the Financial Institutions Act or the Bank Act .
.13 A Health Care Office shall not consist of any of the following uses or activities in
the C7 zone: detoxification centres, drug or alcohol addiction counseling or
treatment centres, needle exchanges, safe injection sites, rehabilitation centres
or any type of similar uses or facilities .
.14 An Off-Street Parking use shall not include parking for commercial vehicles.
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ABBOTSFORD
Local Government Act
ATTACHMENT C
Withholding of permits and licences that conflict with bylaws in preparation
92 9 (1) A local government may direct that a building permit be withheld for a
period of 30 days, beginning on the day the application for the permit was
made, if it passes a resolution identifying what it considers to be a conflict
between a development proposed in the application for a building permit
and
(a) an official community plan, or
(b) a bylaw under sections 903 to 907 or 910
(c) [Repealed 2000-7-170.]
that is under preparation.
(2) Subsection (1) does not apply unless a local government has, by
resolution at least 7 days before the application for a building permit,
begun the preparation of a plan or bylaw that is in conflict with the
application.
(3) During the 30 day period referred to in subsection (1), the local
government must consider the application for the permit and may
(a) direct the permit be withheld for a further 60 days, or
(b) grant the permit, but impose conditions in it that would be
in the public interest, having regard to the plan or bylaw that is
under preparation.
( 4) If the local government does not adopt a plan or bylaw referred to in
subsection (1) within the 60 day period, the owners of the land for which a
building permit was withheld under this section are entitled to
compensation for damages arising from the withholding of the building
permit.
(4.1) For the purposes of subsection (4), Division 3 [Expropriation and
Compensation] of Part 8 of this Act applies in relation to a regional district
and Division 4 of Part 3 of the Community Charter applies in relation to a
municipality.
(5) A council that passes a resolution under subsection (1) may direct that
a business licence in respect of the same land be withheld for a period not
longer than 90 days, if the council considers that the use to which the land
would be put and to which the business licence application relates would
be contrary to the use that would be permitted by the bylaw that is under
preparation.
http://www. bclaws.ca/civix/document/LOCIcomplete/statreg/--%20L %20--/Local %20Gov... 3/2 7/20 15
Local Government Act
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(6) Any requirement to approve a permit or licence under this section is
subject to section 946.2.
http://www. bclaws.ca/civix/document/LOC/complete/statreg/--%20L%20--/Local%20Gov .. . 3/27/2015