Memorandum
Planning Advisory Committee
PR 11/17
To:
Geoff Colter and Members of the Planning Advisory Committee
From:
Tony Dakiv, Senior Planner
Date:
February 22, 2017
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 three years. Some new text issues have been identified as well as three
rezonings and this report contains the fourth round of housekeeping amendments meant to correct
and/or clarify these issues. The text issues range in scope from addressing errors, omissions and
clarifying requirements to minor adjustments in standards and use rules. The zoning map changes are
required to identify a City owned storm pond parcel and park parcel as well as a minor zoning boundary
line adjustment.
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 Z5 and the rationale for the changes. Following the chart are three 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 5.2(4)(a)
Barrier Free
Parking Spaces
Number of Required
Parking Spaces
Number of Required *
Barrier Free Parking Spaces
2 – 15
1
16 - 45
2
46 – 100
3
101 – 200
4
201 – 300
5
301 - 400
6
401 -500
7
501 - 900
8
901 - 1300
9
1301 - 1700
10
For each additional increment
of up to 400 spaces or part thereof
1 additional space
Recognizes that
certain
residential
buildings where
each unit has it’s
own individual
or separate
entrance to the
outside are
exempt from
barrier free
design
requirements
ie. townhouses.
* Does not apply to buildings that are not subject to the Barrier
Free Design Building Code regulation of the Community
Planning Act.
2.
Section
5.2(10)(a)(vii)(B)
Design of
Parking Lots
(B) Parking lots for residential uses abutting a residential zone: by a
minimum 3 2 metre wide landscaped strip consisting of
coniferous and deciduous trees, shrubs, hedges, opaque fence or
combination thereof;
3.
Section
5.2(12)(f)(vi)
Required
Parking
(vi) Within the blocks bounded by Northumberland Street, Queen
Street, Regent Street and Brunswick Street, a maximum of four
surface parking spaces may be provided for a development and
shall be screened from a public street to the satisfaction of the
Development Officer.
4.
Section
8.10(4)(a)(ii),
8.11(4)(a)(ii) and
11.16(4)(a)
Density (Lot
Area per
Dwelling Unit)
& Lot Area
Density (Lot Area per Dwelling Unit)
& Lot Area
ii) Three- or four-unit dwelling:
MIN 920
MIN 840
720m2 (4 unit)
640m2 (3 unit)
3 metres is often
difficult to
provide on
“tighter” infill
sites; 2 metres
still provides
adequate width
for tree
planting.
Limits surface
parking in the
downtown core
where there is
option for cashin-lieu.
The lot
requirement is
excessive
compared to the
requirement for
townhouses
(180m²/unit or
720m² for four
units).
Townhouses
typically require
more lot area
than other multiunit buildings
due to grade
level entry and
rear amenity
space. Therefore
three and fourunit dwellings
should at least
be equivalent to
the townhouse
requirement.
5.
6.
Section
11.7(2)(a)
Permitted Uses
(RLF zone)
Section
11.8(2)(a)
Permitted Uses
(COR -1 zone)
Section 11.1
Comparative
Use Chart
7.
Sections11.8(4)
(e)(i) and (iii)
Building
Setbacks
(COR-1 zone)
(a) Permitted Uses
(1) Auction House
(2) Cinema
(3) Drinking Establishment
(4) Commercial Recreation Establishment
(5) Financial Institution
(6) Fitness Centre
(7) Garden Centre
(8) Grocery Store
(9) Hotel/Motel
(10) Instructional Facility
(11) Liquor Store
(12) Personal Service – Appearance
(13) Recreation Facility – Indoor
(114) Restaurant
(15) Restaurant - Licensed
(16) Retail Store
(17) Retail Warehouse
18) Sales Centre - Model Home
19) Social Organisation
20) Special Function Tent
(21) Temporary Vending Facility
(22) Warehouse - Wholesale
Add “Cinema” and “Recreation Facility – Indoor” to list of permitted
uses in the COR-1 Zone and renumber accordingly.
Add a “P” for these uses under the COR-1 column in the
Comparative Use Chart (Section 11.1).
(i) from a front property line:
MIN 2 metres 3 metres
MAX 4 metres
(iii) from a side property line:
that abuts a flanking
street on a corner lot
MIN 2 metres 3 metres
MAX 4 metres
Provides more
flexibility for
permitted uses
in the Retail Large Format
Zone (RLF).
Allows for a spa
which is similar
in nature to
other permitted
uses in this zone.
Provides more
flexibility for
permitted uses
along Main
Street.
Brings the front
yard setback of
the COR-1 Zone
into compliance
with Main Street
Urban Design
Plan.
8.
9.
Section
11.14(4)(c)(ii)
Building Height
(CC zone)
Section
11.14(2)(a)
11.15(2) (a)
11.16(2)(a)
12.2(2)(a) and
12.3(2)(a)
Permitted Uses
(ii) for lots fronting on the north side
of Queen Street and south side
of Brunswick Street
MAX 12 metres
Delete Office – Non profit from CC, CCI, CCIL, I-1 and I-2 zones
and delete “Office – Non profit” from the “Office Group” in the
Comparative Use Chart (Section 11.1).
Add “Office” to CCI zone.
Correction – the
south side of
Brunswick Street
is not zoned CC
No need to
distinguish office
from office that
is non-profit
with regard to
land use impact.
Section 11.1
Comparative
Use Chart
10
11
Section
11.16(2)(a) and
(b)
Permitted Uses
(CCIL zone)
Sections 14.1
Comparative
Use Chart
(a) Permitted Uses
(b) Conditional Uses
(1) Basement Apartment
(2) Assisted Living
(3) Child Care Centre - Small
(4) Converted Dwelling
(5) Counselling Service
(6) Duplex Dwelling
(7) Dwelling Unit
(8) Home Occupation
(8) Office
(9) Office - Non profit
(10) Semi-detached Dwelling
(11) Single Detached Dwelling
(12) Three or Four Unit
Dwelling
(1) Cultural Establishment
(2) Child Care Facility - Medium
(3) Counselling Service
(4) Office
(5) Medical Practise
(6) Restaurant
(7) Tourist Home
Add “P” for Contractor’s Shop under the BI column.
Correction move from
Conditional Uses
to Permitted
Uses.
Correction.
Amendments to Zoning By-law Z-5 Maps (Schedule 11):
Three rezoning initiatives are required to update the Zoning Maps (Schedule 11). The first rezoning will
recognize a City owned parcel used for storm water retention that will service the residential area north
of Crocket Street. The second is a minor adjustment to match the zoning with the property line on a
recently consolidated parcel comprising the commercial site at Cliffe Street and Two Nations Crossing.
The third is a City owned parcel that was dedicated in perpetuity as a public park (Odell Park).
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 5.2(4)(a) Barrier Free Parking Spaces
Add “*” after “Number of Required”
Add “* Does not apply to buildings that are not subject to the Barrier Free Design Building Code
regulation of the Community Planning Act.” below the barrier free spaces chart.
2.
Section 5.2(10)(a)(vii)(B) Design of Parking Lots
Delete “3” after “...by a minimum” and replace with “2”
3.
Section 5.2(12)(f)(vi) Required Parking
Add “Within the blocks bounded by Northumberland Street, Queen Street, Regent Street and Brunswick
Street,” after (vi) and change “A” to “a”
4.
Sections 8.10(4)(a)(ii), 8.11(4)(a)(ii) and 11.16(4)(a) Density (Lot Area per Dwelling Unit) & Lot Area
Delete “920” and replace with “720”
Delete “840” and replace with “640”
5.
Section 11.7(2)(a) Permitted Uses and Section 11.1 Comparative Use Chart
Add “Personal Service – Appearance” to the list of Permitted Uses and renumber accordingly.
Add “P” for Personal Service – Appearance under the RLF column.
6.
Section 11.8(2)(a) Permitted Uses and Section 11.1 Comparative Use Chart
Add “Cinema” and “Recreation Facility – Indoor” to the list of permitted uses in the COR-1 Zone and
renumber accordingly.
Add a “P” for these uses under the COR-1 column in the Comparative Use Chart (Section 11.1).
7.
Sections11.8(4)(e)(i) and (iii) Building Setbacks
Delete “MIN 2 metres
MAX 4 metres”
8.
and replace with: “3 metres”
Section 11.14(4)(c)(ii) Building Height
Delete “and south side of Brunswick Street” after “Queen Street”
9.
Section 11.14(2)(a), 11.15(2) (a) , 11.16(2)(a) , 12.2(2)(a) and 12.3(2)(a) Permitted Uses and Section 11.1
Comparative Use Chart
Delete “Office – Non profit” from CC, CCI, CCIL, I-1and I-2 zones and delete “Office – Non profit” from
“Office Group” in the Comparative Use Chart (Section 11.1).
Add “Office” to the list of Permitted Uses in the CCI zone.
10
Section 11.16(2)(a) and (b) Permitted Uses and Conditional Uses and Section 11.1 Comparative Use Chart
Delete “Counselling Service” and “Office” from the list of Conditional Uses and add them to the list of
Permitted Uses and renumber accordingly.
Change “C” to “P” for Counselling Service and Office under the CCIL column.
11.
Section 14.1 Comparative Use Chart
Add “P” for Contractor’s Shop under the BI column.
B. It is recommended that the following amendment to the Zoning Maps (Schedule 11)
of By-law Z-5, A Zoning By-law for the City of Fredericton, be approved:
1. Rezone property located off of Agnew Street from R-2 to EOS and from R-5 to EOS as shown on Map I.
2. Rezone a portion of property located at 745 Cliffe Street from LC to COR-2 as shown on Map II.
3. Rezone a parcel located on Heather Terrace from R-2 to P as shown on Map III.
Prepared By:
Approved By:
Tony Dakiv, MCIP
Senior Planner
Community Planning
Marcello Battilana, MCIP
Manager
Community Planning