*DO NOT REMOVE *
R15-009 (District of Mission) Zoning Bylaw Text Amendment
This “Public Hearing Information Package” has been compiled to provide information pertaining to the subject property. If you have questions regarding this information, please contact the District of Mission’s Planning Department at (604) 820-3748.
2016-10-26
TA B L E O F C O N T E N T S
1. District of Mission Zone Amending Bylaw 5586-2016-5050(213) Page 1
2. Planning Department Staff Report – dated 2016-10-03 Page 3
3. Comments – Mission Downtown Business Association Page 13
4. Comments – Ministry of Transportation and Infrastructure Page 14
DISTRICT OF MISSION
BYLAW 5586-2016-5050(213)
Bylaw to amend "District of Mission Zoning Bylaw 5050-2009"
WHEREAS, under the provisions of the Local Government Act, a Council may, by bylaw, divide the municipality into zones and regulate the use of land, buildings and structures within such zones;
AND WHEREAS the Council of the District of Mission has adopted "District of Mission Zoning Bylaw 5050-2009" and amended same from time to time;
AND WHEREAS the Council of the District of Mission deems it advisable and in the public interest to amend the Zoning Bylaw;
NOW THEREFORE the Council of the District of Mission, in open meeting assembled, ENACTS AS FOLLOWS:
1. This Bylaw may be cited for all purposes as "District of Mission Zoning Amending Bylaw5586-2016-5050(213).”
2. "District of Mission Zoning Bylaw 5050-2009" as amended, is hereby further amendedby:
a) Adding the following definitions to Section 102 (Definitions):
i. Tobacconist means the sale of tobacco and tobacco products including e-cigarettes (a device used to simulate the experience of smoking, having acartridge with a heater that vaporizes liquid nicotine instead of burningtobacco).
ii. Cheque Cashing and Payday Loans means an unchartered loaningfacility which offers a relatively small amount of money to be lent at a highrate of interest on the agreement that it will be repaid when the borrowerreceives their next paycheck.
iii. Marihuana Sales means the sale of marihuana, medical marihuana andmarihuana products, and includes the sale of drug paraphernalia such asbongs, hookah pipes, glass pipes, and other smoking aids.
iv. Craft Brewery means a brewery that produces small amounts of beer,typically much smaller than large-scale corporate breweries, and isindependently owned typically characterized by their emphasis on quality,flavour and brewing technique.
b) Removing the following uses from Section 901, Part B (Core CommercialDowntown One (CCD1) Zone, Permitted Uses):
i. Vehicle Rental
ii. Arcade
iii. Body Art and Tattoo Parlour
iv. Flea Market
Public Hearing Information Package - Page 1
District of Mission Zoning Amending Bylaw 5586-2016-5050(213)
Page 2 of 2
c) Adding the following uses to Section 804, Part B (Commercial Highway One (CH1)Zone and Commercial Highway 2 (CH2) Zone, Permitted Uses), with a notationthat these uses are not permitted within 100 meters of a property zoned CoreCommercial Downtown One (CCD1):
i. Tobacconist
ii. Cheque Cashing and Payday Loans
d) Adding Craft Brewery as a permitted use to Section 901, Part B (Core CommercialDowntown One (CCD1) Zone, Permitted Uses).
e) Adding Marihuana Sales as a prohibited use to Section 106, Part C (UseRegulations, Uses Prohibited).
f) Amending Section 106, Part D (Use Regulations, Use Categories) accordingly.
READ A FIRST TIME this 3rd day of October, 2016
READ A SECOND TIME this 3rd day of October, 2016
PUBLIC HEARING held this __ day of ___, 2016
READ A THIRD TIME this __ day of ___, 2016
APPROVED by the Ministry of Transportation and Infrastructure this __ day of ___, 2016
ADOPTED this __ day of ___, 2016
RANDY HAWES, MAYOR MIKE YOUNIE, CORPORATE OFFICER
Public Hearing Information Package - Page 2
1
evel Development Services Staff Report to Council
File Category: 3310-15 File Folder: P2015-021 / R15-009
DATE: October 3, 2016
TO: Mayor and Council
FROM: Gina MacKay, Manager of Long Range Planning and Special Projects
SUBJECT: Amendments to the Zoning Bylaw to Regulate Uses in the Downtown Core
ATTACHMENT: Appendix A – CCD1 Zone Appendix B – Zoning Map of Downtown Mission
This report is provided in response to Council’s most recent request of September 19th, 2016 to exclude various uses from the Core Commercial Downtown One Zone (CCD1) and stems from the findings of a survey conducted with the Downtown Business Association to assist in the implementation of the objectives of the MissionCity Downtown Action Plan that aims to create a welcoming and friendly downtown. Accordingly the following recommendations are provided for Council’s consideration:
1. That Zoning Bylaw No 5050-2009 be amended by adding the following definitions to Section102:
Tobacconist means the sale of tobacco and tobacco products including e-cigarettes (adevice used to simulate the experience of smoking, having a cartridge with a heater thatvaporizes liquid nicotine instead of burning tobacco).
Cheque Cashing and Payday Loans means an unchartered loaning facility whichoffers a relatively small amount of money to be lent at a high rate of interest on theagreement that it will be repaid when the borrower receives their next paycheck.
Marihuana Sales means the sale of marihuana, medical marihuana, marihuanaproducts and drug paraphernalia such as bongs, hookah pipes, glass pipes, and othersmoking aids.
Craft Brewery means a brewery that produces small amounts of beer, much smallerthan large-scale corporate breweries, and is independently owned typically andcharacterized by their emphasis on quality, flavour and brewing technique.
2. That the following uses be removed from the list of permitted uses within the Core CommercialDowntown One Zone (CCD1):
Vehicle Rental Arcade Body Art and Tattoo Parlour Flea Market
Public Hearing Information Package - Page 3
3. That Tobacconist, and Cheque Cashing and Payday Loans uses be added to the list ofpermitted uses in both the Commercial Highway One Zone (CH1) and the CommercialHighway Two Zone (CH2) with a special notation that neither of these uses are permittedwithin 100 metres of a property zoned CCD1.
4. That Craft Brewery use be added to the list of permitted uses within the CCD1 Zone.
5. That Cannabis Sales use be added to Section 106 - Prohibited Uses of Bylaw No 5050-2009.
BACKGROUND:
The MissionCity Downtown Action Plan (Plan) was adopted as Policy LAN. 58 on July 2, 2013. This policy provides direction on growth and development within Mission’s downtown core.
From this Plan, numerous recommendations emerged, of which, this report addresses two of the recommendations or “Action Items”:
Improve the Economics of DowntownAction 4.2: Update the Zoning Bylaw and Official Community Plan Bylaw to focus oncommercial uses on 1st Avenue
Welcoming and Family-friendly DowntownAction 6.4: Restrict pawn shops and cheque cashing uses downtown
On December 2, 2013 a report was brought forward to consider amending the CCD1 Zone by removing some of the permitted uses from those listed in the Zoning Bylaw. Council at that time deferred making a decision on this item.
Current Council requested that this item be brought forward for discussion in May of 2016. Subsequently, Council directed staff to undertake an informal poll (along with representatives from the Downtown Business Association), to determine the overall level of support to remove specific uses from the CCD1 Zone and to report back on any other uses that the business owners/operators considered to be problematic in the Plan’s objective of creating a family friendly downtown .
DISCUSSION & ANALYSIS:
One of the action items listed within the MissionCity Downtown Action Plan is to create a welcoming and family-friendly downtown by considering the removal of certain uses from the CCD1 Zone that are considered contradictory to meeting this objective. It is important to mention that the removal of certain uses from those permitted outright or implied as permissible in the downtown was a key area of discussion during the downtown planning process. It was suggested that removing certain uses from the downtown could aide in attracting a variety of new uses to the downtown area and thus improve the overall economy and business climate for existing businesses. Businesses uses which are currently operating in the downtown area under a valid business licence but removed as part of this bylaw amendment would be considered ‘grandfathered’ and would therefore be permitted to continue to operate in the CCD1 Zone (or any other zones in the District) unless discontinued pursuant to provisions set out in the Local Government Act.
Core Commercial Downtown One (CCD1) zone
In accordance with the Mission City Downtown Action Plan’s “10 Big Moves”, move number six is to create a “Welcoming and Family-friendly Downtown” where action item 6.4 states that the District should “Restrict pawn shops and cheque cashing uses downtown”. It should be noted that a pawn shop is currently not a permitted use within the CCD1 Zone, nor is it included as a permitted use within the proposed new Core Commercial Downtown 2 Zone (CCD2 Zone).
Public Hearing Information Package - Page 4
After evaluating the list of uses currently permitted within the CCD1 Zone and considering their lack of contribution to meeting the objectives of the Downtown Action Plan, the following uses are recommended for removal from those uses permitted:
Vehicle Rental Arcade Body Art and Tattoo Parlour Flea Market
In addition to the direction previously provided to staff to amend the CCD1 Zone, a subsequent resolution was passed at the September 19th, 2016 meeting of Council to specifically prohibit tobacconists (including e-cigarette sales), cannabis sales (including marihuana and marihuana paraphernalia) and cheque cashing (payday loan establishments) from locating in the downtown area.
In order to specifically exclude these uses from the downtown area, it is first necessary to add definitions of these uses to the Zoning Bylaw. The following definitions are therefore being proposed:
Tobacconist means the sale of tobacco and tobacco products including e-cigarettes (a device used to simulate the experience of smoking, having a cartridge with a heater that vaporizes liquid nicotine instead of burning tobacco);
Cheque Cashing and Payday Loans means an unchartered loaning facility which offers a relatively small amount of money to be lent at a high rate of interest on the agreement that it will be repaid when the borrower receives their next paycheck; and,
Marihuana Sales means the sale of medical marihuana, marihuana products and drug paraphernalia such as bongs, hookah pipes, glass pipes, and other smoking aids.
It is recommended that Tobacconists and Cheque Cashing and Payday Loans uses be added to the Commercial Highway One Zone (CH1) and the Commercial Highway Two Zone (CH2) and that these uses be prohibited from locating within 100 metres of property zoned CCD1. The rationale for adding the 100 metre spatial use separation is that properties at either end of the downtown area are zoned CH1. Furthermore, tobacconist uses already exist in CH1 and CH2 Zones.
Staff recommend that the location of the sale of marihuana and marihuana products (much like the location of Medical Marihuana Grow Operations) requires additional research and analysis prior to determining where or if the District wishes to permit such use within its jurisdiction. It is therefore recommended that Cannabis Sales uses be added to Section 106 Section C of the District of Mission Zoning Bylaw 5050-2009 – Prohibited Uses. Council may wish to direct staff to conduct further research and analysis on the potential accommodation of these uses in the municipality and bring forward a subsequent report.
At this time, staff would like Council to consider adding the use of Craft Brewery use to the list of uses permitted within the CCD1 Zone. The number of craft breweries around the province has increased substantially over the past few years. This use has been seen to improve, not hamper, the economic viability of towns and cities. It is noted that while the use would be accommodated with the CCD1 Zone, the location of such a use would nonetheless require additional approvals through the District’s Liquor Licensing Procedures Policy LIC.15. Approval in this regard would therefore be at Council’s discretion and would also require provincial approvals through the Liquor Control and Licensing Branch (LCLB). As a first step, it is recommended that the following definition be added to the Zoning Bylaw and that Craft Brewery be a permitted use in the CCD1 Zone:
Craft Brewery means a brewery that produces small amounts of beer, much smaller than large-scale corporate breweries, and is independently owned. Such breweries are generally characterized by their emphasis on quality, flavor and brewing technique.
Public Hearing Information Package - Page 5
COUNCIL GOALS/OBJECTIVES:
This report addresses Council’s stated objective to:
“Revitalize Downtown by Creating an Environment for Private/Other Investment”.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNICATION:
A number of business license applications have been received during the preparation of this Bylaw, these applicants have been advised that their applications are on hold pending Council consideration of this Bylaw.
A notice of Public Hearing will be prepared in accordance with District of Mission Bylaw 3612-2003 and the Local Government Act. It is noted, that individual property notification of a public hearing does not apply where 10 or more parcels owned by 10 or more persons are the subject of the proposed bylaw. As the proposed amendment would apply to all properties within the District of Mission, the only required notification is to publish the notice in at least two (2) consecutive issues of a newspaper.
SIGN-OFFS:
Gina MacKay, Manager of Director of Long Range Planning and Special Projects
Reviewed by: Dan Sommer, Director of Development Services
Comment from Chief Administrative Officer Reviewed.
Public Hearing Information Package - Page 6
APPENDIX A – CCD1 Zone (Excerpt from the District of Mission Zoning Bylaw No. 5050-2009)
Core Commercial Downtown One Zone CCD1
A. Zone Intent
1. The intent of this zone is to provide for the general commercial uses typically associated with adowntown area found within the Commercial Core area. The CCD1 zone is intended toaccommodate uses within the historical downtown area of Mission and is designed to retainthe form and character of this area respecting the rich Heritage of Downtown Mission.
B. Permitted Uses
1. The following Principal Uses and no other shall be permitted in the CCD1 zone:
a. Accommodation limited to:
i. Hotel.
b. Automotive limited to:
i. Parking Lot, andii. Vehicle Rental.
c. Cultural limited to:
i. Cultural Assembly,ii. Gallery, andiii. Museum.
d. Entertainment limited to:
i. Arcade,ii. Banquet Hall,iii. Cinema, andiv. Pool and Billiard Hall.
e. Food and Beverage limited to:
i. Café,ii. Coffee Shop, andiii. Restaurant.
Public Hearing Information Package - Page 7
f. Institutional limited to:
i. Adult Educational Institution,ii. Child Care Centre,iii. Civic Assembly,iv. College,v. Educational Facility,vi. Library, andvii. University.
g. Office limited to:
i. Government Service,ii. General office Use, andiii. Administrative Office Use.
h. Personal Service limited to
i. Barber Shop,ii. Body Art and Tattoo Parlour,iii. Cleaning and Repair of Clothing,iv. Hair and Body Salon, andv. Spa.
i. Recreation limited to:
i. Bowling Alley, andii. Indoor Recreation Facility.
j. Residential limited to:
i. Apartments provided they:
i. Form an integral part of a commercial Building on the lot,ii. Are not be located on the 1st storey, andiii. Are the only Use in a storey and in all other storeys above the Residential Use.
Public Hearing Information Package - Page 8
k. Retail limited to:
i. Auction-Retail,ii. Bakery,iii. Building Supply Store,iv. Butcher,v. Convenience Store,vi. Flea Market,vii. Furniture Store,viii. Garden Supply Store,ix. Household Equipment Rental,x. Liquor Store,xi. Produce Sales,xii. Retail Store,xiii. Second Hand Store,xiv. Specialty Food,xv. Supermarket, andxvi. Video Rental.
l. Service limited to:
i. Community Service,ii. Financial, Insurance and Real Estate,iii. Funeral Parlour and/or Memorial Service Facility,iv. General Service Use, andv. Veterinary Clinic.
3. The following Accessory Uses and no other shall be permitted in the CCD1 zone:
a. Residential limited to:
i. Indoor Amenity Space, andii. Outdoor Amenity Space.
b. Storage limited to the following:
i. Enclosed Storage.
Public Hearing Information Package - Page 9
C. Lot Area
1. Except where such Lot existed at the effective date of this Bylaw or Lots created under Section104, Part D. each Lot shall have a minimum area as shown on the following table:
Zone: Area
CCD1 558 sq m (6,006 sq ft)
2. Notwithstanding Section 901, Part C.1, where a Lot contains an Undevelopable Area, thatarea shall not be included in the calculation of minimum Lot Area.
3. Notwithstanding Section 901, Part C.1 and C.2, where a Lot contains natural slopes greaterthan or equal to 33%, that sloped area shall not be included in the calculation of minimum LotArea.
D. Density
1. The maximum density for the residential portion of the development shall be calculated asfollows:
Zone: Maximum Density
CCD1 272 upha (110upa)
E. Setbacks
1. All Buildings and Structures shall be sited in accordance with the following minimum Setbacks:
Front Rear Interior Side
Exterior Side
Principal/ Accessory Building or Structure
0.0 m (0.0 ft)
0.0 m (0.0 ft)
0.0 m (0.0 ft)
0.0 m (0.0 ft)
2. Notwithstanding Section 901 Part E.1, all Buildings shall be sited a minimum of 6.0 m (19.6 ft)from all Undevelopable Areas as defined in this Bylaw.
F. Lot Coverage
1. Buildings shall together cover not more than the Lot Area as noted in the following table:
Zone: Lot Coverage
CCD1 100%
Public Hearing Information Package - Page 10
G. Floor Space
1. The floor space should not exceed the following ratio as listed in the following table (indooramenity space, garage space, detached or attached, or underground parking shall be used incalculating total floor area):
Zone: Floor Space
Ratio
CCD1 1.50
H. Height of Buildings
1. The Height of the Principal Building and Accessory Buildings shall not exceed 15.0 m (49.2 ft):
I. Indoor Amenity Space
1. Developments that contain 15 units or more shall provide in Indoor Amenity Space at a rate ofat least 2.8 sq m (30.0 sq ft) per unit.
2. A Child Care Centre may be housed within an Indoor Amenity Space provided they complywith the following requirements:
a. Have direct access from a highway, independent from the access to the residential uses;and
b. Have direct access to an open space and play area within the Lot.
J. Outdoor Amenity Space
1. Outdoor Amenity Space is not a requirement within this zone.
2. If Outdoor Amenity Space is provided it shall have a slope of 5% or less.
K. Off Street Parking
1. Off Street Parking shall be in accordance with the provisions of Section 108.
2. Parking within the required setbacks is not permitted.
3. 75% of the required resident parking spaces must be provided as parking within the buildingenvelope.
4. Off Street Parking shall not have access from a front property line if access is available via alane or a flanking street.
Public Hearing Information Package - Page 11
APPENDIX B
Public Hearing Information Package - Page 12
Public Hearing Information Package - Page 13
Public Hearing Information Package - Page 14
