Agenda Index City of Vancouver

DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

Miscellaneous Text Amendments: Zoning and Development By-law, Official Development Plan By-laws, Parking By-law, Sign By-law, Zoning and Development Fee By-law and Design Guidelines

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A and B.

COUNCIL POLICY

There is no Council policy directly applicable to these amendments.

PURPOSE

This report recommends a number of miscellaneous amendments to the Zoning and Development By-law (including various CD-1 By-laws), Official Development Plan By-laws, Parking By-law, Sign By-law, and various Guidelines.

BACKGROUND

In previous years, Council has approved packages of miscellaneous text amendments intended to fix typographical or inadvertent errors, and to provide clarity for the public and staff in interpretation of regulations and guidelines. Proposed amendments that are substantive in nature are not included in these packages, but are reported on separately. Further packages can be expected every year or two, although urgent amendments will be reported individually as the need arises.

DISCUSSION

The following proposed amendments require a Public Hearing. Draft by-law wording for each is outlined in Appendices A and B.

Zoning and Development By-law

· to Section 2, Definitions, to correct typographical error and expand the definition of "site" to be consistent with the Subdivision By-law;

· to Section 3.2, Relaxation, to reflect past practice of allowing the Director of Planning to impose conditions in considering relaxations;

· to Sections 10.12.3 and 10.12.4(b), Demolition of a Building, to clarify an apparent conflict with respect to demolition delay in RS zones (including rental) and add an inadvertently omitted reference to RS-5S;

· to the RS-1 and RS-1S, RS-3 and RS-3A, RS-5 and RS-5S, and the RS-6 District Schedules, to update the reference to the Plumbing By-law to read the Sewer and Watercourse By-law;

· to the RS-6 District Schedule, to include a phrase with respect to bicycle storage that was inadvertently omitted when the schedule was created;

· to the MC-1 District Schedule, to clarify the type of food and beverage products manufacturing permitted;

· to the RT-5, RT-6, RT-8, RT-9, RM-4, C-1, C-2, C-2C, C-2C1, C-7 & C-8, MC-1, IC-1 & IC-2, IC-3, I-1, and HA-3 District Schedules, to clarify how excluded amenity space is calculated;

· to the IC-1 and IC-2 District Schedules, to clarify that for artist studios, change of use applies to floor area existing as of September 10, 1996, and additions are limited in size;

· to CD-1[22] 1925 West 33rd Avenue (Arbutus Gardens), to permit exclusions consistent with design features shown on the drawings at the Public Hearing;

· to CD-1[126] (Grace, Shaughnessy and Children's Hospital), to correct a setback regulation;

· to CD-1[172] for 3488 Kingsway, to correct a typographical error;

· to CD-1[324] for 800-1100 Pacific Boulevard (Quayside), to clarify where retail uses can be located;

· to CD-1[349] 750 Pacific Boulevard (Plaza of Nations), to re-introduce Bingo Hall as a permitted use which was inadvertently omitted, and re-introduce a parking relaxation clause with respect to existing development;

· to CD-1[383] for 6238 Ash Street, to clarify how height shall be calculated;

· to CD-1[388] for 6111 Cambie Street (St. John Ambulance) and CD-1[391] for 6184 Ash Street (Peretz Institute), to clarify that dwelling units are permitted in a mixed use building;

· to CD-1[401] 500-800 Canada Place Way, to correct a zoning reference in the Schedule A map; and

False Creek North ODP

· to correct a mapping error regarding tower heights at 1300 Marinaside Crescent.

Central Waterfront ODP

· to delete an outdated reference to the GVRD authority.

Sign By-law

· to Schedule E to amend a district designation for CD-1[379].

Various CD-1 By-laws (Appendix B)

· to various CD-1 by-laws that were amended by By-law No. 8169 which permitted exclusions for additional wall thickness for weather proofing. Some by-law numbers were incorrectly referenced, others had incorrect section references and other by-laws were overlooked.

The following proposed amendments can be approved without a Public Hearing. Draft by-law and guideline wording for each is outlined in Appendices C and D.

Zoning and Development Fee By-law

· to add missing RS Districts to the demolition section.

Parking By-law

· to clarify that the regulations on number of parking spaces apply to both required and permitted spaces;

· to clarify how floor space ratio shall be calculated to determine parking requirements in HA-1, HA-1A, and HA-2 Districts;

· to correct a reference section number in a regulation on loading spaces in the Central Area; and

· to the loading space and bicycle space sections to add references to Bingo Hall inadvertently omitted when Bingo Hall was added to the parking space section;

Cabaret and Restaurant Guidelines

· to clarify the procedure for licenses for extended hours or increased seating capacity.

Cabaret Not Licensed To Serve Alcohol Guidelines

· to correct a typographical error.

Multiple Conversion Dwelling Guidelines

· to delete all references to RT-3.

CONCLUSION

This report contains a number of miscellaneous by-law and guideline amendments intended to correct errors and oversights and to provide clarity in the interpretation of existing provisions. Staff recommend referral of the Zoning and Development, Official Development Plan, CD-1 and Sign By-law amendments to Public Hearing, and approval of all other amendments.

* * * * *

ag001031.htm

 

General Mgr./Dept. Head:

Date:

This report has been prepared in consultation with the departments listed to the right, and they concur with its contents

Report dated:

September 25, 2000

Author:

Ben McAfee

Phone:

873-7699

Concurring Departments:

Legal Services: B. Porter

 
 
 

R:\CC\REPORTS\COUNCIL\2000\001031\P2.WPD

PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING AND DEVELOPMENT BY-LAW [INCLUDING CD-1 BY-LAWS]

SECTION 2 [Definitions]

In the definition of Accessory Use there is an archaic reference in sub-clause (a). The word "situate" should be "situated".

As a consequence of amendments to the Subdivision By-law, on February 15, 2000, City Council referred the following expanded definition of "site" to Public Hearing.

SECTION 3.2 (Relaxation)

Add a subsection to clarify that the Director of Planning has the power to impose conditions when granting relaxations.

SECTIONS 10.12.3 and 10.12.4(b)

Section 10.12.3 exempts RS districts from demolition delay, while Section 10.12.4(b) applies demolition delay controls. This conflict can be resolved by deleting RS districts from Section 10.12.3 which will retain demolition delay in RS districts even if the buildings contain rental units. RS-5S should have been added to Section 10.12.4(b) when the RS-5S schedule was created and will be added with the proposed correction.

RS-1 and RS-1S, RS-3 and RS-3A, RS-5 and RS-5S and RS-6 DISTRICT SCHEDULES [Phase out Suites].

In the Conditional Approval Uses Section [either 3.2.1 DW or 3.2.DW of the above schedules] there is a reference to the Plumbing By-law. That by-law no longer exists. The updated reference should be to the Sewer and Watercourse By-law.

In the applicable sections, reword the passage to "provisions of the Building, Plumbing, Sewer and Watercourse By-law ..."

RS-6 DISTRICT SCHEDULE

When the RS-6 District Schedule was created, a clause regarding bicycle storage in multiple conversion dwellings was inadvertently omitted from Section 4.7.3. This correction will bring the RS-6 District Schedule into conformity with other RS schedules.

MC-1 DISTRICT SCHEDULE [Cedar Cottage]

In Section 2.2.M [Manufacturing] under Food or Beverage Products Manufacturing, the qualifier of "Class B" was inadvertently omitted.

2.2.M[Manufacturing]

RT-5, RT-6, RT-8, RT-9, RM-4, C-1, C-2, C-2C, C-2C1, C-7 & C-8, MC-1, IC-1 & IC-2, IC-3, I-1, and HA-3 DISTRICT SCHEDULES [Amenity Exclusions]

In the amenity exclusion Sections [(either 4.7.3(d), 4.7.3(d)(i), or 4.7.3(e) of the above schedules] the wording is slightly different than other district schedules in that it references "total building floor area" rather than "total permitted floor area". The wording should be amended to be consistent with the other district schedules.

IC-1 and IC-2 District Schedules [Artist Studios]

In a City Manager's report dated July 11, 1996, there was a recommendation to introduce restrictions on the development of artist studios in all industrial areas (except IC-3) to studios which are rentals in existing buildings involving industrial processes. However, the IC-1 and IC-2 District Schedules were inadvertently omitted from By-law No. 7618, which implemented the above change, and should now be amended.

CD-1[22] - 1925 West 33rd Avenue Arbutus Gardens (By-law No. 4037) - Section 4.5

In Section 4.5, additional references should be added in order that the text regarding semi-enclosed balconies and underdeveloped floor area is consistent with the form of development drawings posted at the Public Hearing.

Amendment:

CD-1[126] - 4500 Oak Street (By-law No. 5091) Children's and Women's Hospital - Section 4.1

At the Public Hearing, a diagram referencing heights and setbacks in the posted draft by-law was intended to reflect the diagram in the staff referral report. The by-law diagram contained an incorrect reference for the setback from 28th Avenue. The correct figure is 42 m (138 ft.), not 61 m (200 ft.).

CD-1[172] - 3488 Kingsway (By-law No. 5927) - Section 6

In Section 6 there is a typographical error. The word parking is repeated.

6. OFF-STREET PARKING AND LOADING

CD-1[324] - 800-1100 Pacific Boulevard (By-law No. 7248) Quayside - Section 6

In Section 6.6(a) the reference to where retail uses can be located is very general and needs to be clarified.

CD-1[349] - 750 Pacific Boulevard (Plaza of Nations) (By-law No. 7592)

In Table 1 the Bingo Hall use was inadvertently omitted during changes implemented by By-law No. 8136.

At a Public Hearing on April 28, 1998, City Council approved amendments to CD-1 By-law [#349] No. 7592, which amongst other items removed a parking relaxation clause and established a parking requirement of 807 spaces. This was in anticipation of the imminent construction of a new hotel on the site. However, with the hotel not yet under development, the current wording of the CD-1 By-law does not allow any additions to the existing Plaza of Nations development without the provision of the full 807 parking spaces.

The parking relaxation clause should be re-introduced to allow the same flexibility of alterations and changes of use to the Plaza as was available before the amendments were approved, pending the eventual development of the hotel. The intention was not to require the full 807 parking spaces without the development of the hotel.

6. OFF-STREET PARKING

CD-1[383] - 6238 Ash Street (By-law No. 7932) - Section 4

The height on the drawings displayed at the Public Hearing referenced finished grade. The by-law should be consistent with the drawings.

CD-1[388] - 6111 Cambie Street (By-law No. 8016) St. John Ambulance and
CD-1[391] - 6184 Ash Street (By-law No. 8044) - Peretz Institute - Section 2

Both by-laws contain a reference to "multiple dwellings" which would preclude any other use except dwelling unit, whereas the intent was to have a mix of permitted uses. Therefore, the reference to multiple dwellings should be altered to dwelling units.

CD-1[401] - 500-800 Canada Place Way (By-law No. 8122)

The Schedule A map to the By-law displayed at the Public Hearing contained the correct legend to reference that the property was to be rezoned to CD-1. However, a replacement map used for the enactment by-law contained an error as to what the site was being rezoned to, and should be corrected.

FALSE CREEK NORTH OFFICIAL DEVELOPMENT PLAN - Diagram 12C

When By-law No. 8239 was enacted to amend Diagram 12C as a consequential amendment to a revision of CD-1 By-law [#297] No. 7156, for Roundhouse Neighbourhood to increase tower heights at 1300 Marinaside Crescent, the new height figure was inadvertently placed on the diagram at another location. This needs to be corrected.

CENTRAL WATERFRONT OFFICIAL DEVELOPMENT PLAN - Section 1

This section reflects previous administrative review procedures. The current process is for the City to maintain a current Regional Context Statement to indicate ways in which the City is moving to support the GVRD Livable Region Strategic Plan. Significant changes to the City's commitment would be reported as amendments to the Regional Context Statement.
A process is also in place for Regional-Translink discussion of new major projects which might require changes to transportation, sewer and water services. Again this major project review process replaces the earlier "GVRD Review".

This section should now be deleted as its objective is ensured by new procedures.

G.V.R.D. REVIEW

In order to ensure compatibility with the Greater Vancouver Regional District's objectives for the Central Waterfront as stated on page 5 in the "Preamble", any future Official Development Plan amendment which, in the opinion of the Director of Planning, would significantly affect the stated regional objectives shall be referred to the G.V.R.D. Board for review and agreement prior to City Council's adoption.

SIGN BY-LAW - Schedule E

The City Manager's report dated April 21, 1997, recommending a rezoning application be referred to a Public Hearing, contained an incorrect reference for the assigned sign schedule for 598 Taylor Street (formerly 599 Carrall Street, Phase 2B). The correct reference should be "C", not "B".

PROPOSED TEXT AMENDMENT TO CD-1 BY-LAWS
THAT WERE AMENDED BY BY-LAW No. 8169
(FLOOR SPACE EXCLUSIONS - BARRETT COMMISSION)

CD-1(7A)

By-law No. 3869 is amended by relettering clause 3.3(h) as clause 3.3(f)

CD-1(13A)
CD-1(13B)

By-laws No. 7066 and 8035 are amended in Section 3.3 by deleting the period from the end of clause (f) and substituting it with a semi-colon and by adding the following clause:

CD-1(137)

By-law No. 5373 is amended in Section 3 by deleting the final period and adding the following clause:

" · where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1(145)
CD-1(161)
CD-1(253)

By-laws No. 5420 , 5760, and 6689 are amended in Section 3 by adding the following section:

CD-1(147)

By-law No. 5491 is amended in Section 3.3 by deleting the period from the end of clause (c) and substituting it with a semi-colon and by adding the following clause:

CD-1(184)
CD-1(195)

By-laws No. 6063 and 6221 are each amended in Section 3 by removing clause "4.1" from Section 3 and adding it immediately following the existing text in Section 4.

CD-1(264)

By-law No. 6744 is amended in Section 6.5 by deleting the period from the end of clause (j) and substituting it with a semi-colon and by adding the following clause:

"(k) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1(265)

By-law No. 6747 is amended in Section 7.3 by deleting the period from the end of clause (h) and substituting it with a semi-colon and by adding the following clause:

"(i) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1(295)

By-law No.7114 is amended in Section 3.3 by deleting the word "and" from the end of clause (c) and by deleting the period from the end of clause (d) substituting it with a semi-colon followed by the word "and" and by adding the following clause:

"(e) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1(322)

By-law No. 7235 is amended in Section 4.3 by deleting the word "and" from the end of clause (d) and by deleting the period from the end of clause (e), substituting it with a semi-colon followed by the word "and" and by adding the following clause:

"(f) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1(358)

By-law No. 7648 is amended in Section 3.4 by deleting the period from the end of clause (d) and substituting it with a semi-colon and adding the following clause:

"(e) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

By-law No. 7648 is further amended in Section 3.7 by deleting the period from the end of clause (f) and substituting it with a semi-colon and adding the following clause:

"(g) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1 (391)

By-law No. 8044 is amended in Section 3.5 by deleting the word "and" from the end of clause (e) and by deleting the period from the end of clause (f), substituting it with a semi-colon followed by the word "and", and adding the following clause:

"(g) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1 (393)

By-law No. 8055 is amended in Section 3.3 by deleting the period from the end of clause (h) and substituting it with a semi-colon and adding the following clause:

"(i) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1 (394)

By-law No. 8073 is amended in Section 4.3 by deleting the word "and" from the end of clause (e) and by deleting the period from the end of clause (f), substituting it with a semi-colon followed by the word "and", and adding the following clause:

"(g) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

CD-1 (403)

By-law No. 8193 is amended in Section 3.3 by deleting the period from the end of clause (d) and substituting it with a semi-colon and adding the following clause:

"(e) where exterior walls greater than 152 mm in thickness have been recommended by a Building Envelope Professional as defined in the Building By-law, the area of the walls exceeding 152 mm, but to a maximum exclusion of 152 mm thickness, except that this clause shall not apply to walls in existence prior to March 14, 2000."

PROPOSED TEXT AMENDMENTS TO THE
FEE BY-LAW AND PARKING BY-LAW

[All additions are shown in bold italics. Deletions are shown in strikeout.]

ZONING AND DEVELOPMENT FEE BY-LAW, SCHEDULE 1 - DEVELOPMENT PERMITS

When the RS-3, RS-3A, RS-5 and RS-5S, and RS-6 District Schedules were created, a cross reference for demolition fees in these districts should have been established as per Section 10.12.4 which sets out demolition conditions.

PARKING BY-LAW

Sections 4.2 to 4.4 Number of Parking Spaces

In these sections it should be clarified that the regulations apply to both "Required" and "Permitted" parking spaces.

Section 4.1.10 - Floor Area Calculation

Section 4.1.10 describes floor area calculations for district schedules for purposes of calculating parking requirements. However, the HA-1 and HA-1A and HA-2 District Schedules do not have floor space ratios. Therefore, a formula for the calculation must be provided.

Section 5.4.2 Loading Access Restrictions - Central Area

Section 5.4.2 contains an incorrect reference to Section 4.6.5. This should read Section 4.6.4.

Section 5 - Off-Street Loading Space Regulations and Section 6 - Off-Street Bicycle Space Regulations

When the Parking by-law was amended to include references to Bingo Hall, this reference was inadvertently omitted from Off-Street Loading Regulations and Off-Street Bicycle Space Regulations.

PROPOSED TEXT AMENDMENTS TO POLICY AND DESIGN GUIDELINES

[All additions are in bold italics. Deletions are shown as strikeout.]

CABARET AND RESTAURANT GUIDELINES

In Section 13 there is a reference to existing licensed establishments seeking revised hours of operation or seating. The reference "seeking hours or more seating" should read "seeking extended hours or increased seating capacity".

CABARETS NOT LICENSED TO SERVE ALCOHOL GUIDELINES

In Section 1 there is a typographical error. The first reference to 12:00 a.m. should read 2:00 a.m.

MULTIPLE CONVERSION DWELLING GUIDELINES

These guidelines contain references to the RT-3 District which now has its own guidelines which take precedence. The RT-3 references should be deleted.

MULTIPLE CONVERSION DWELLING GUIDELINES (RS-1A, RS-2, RS-5, RT-1, and
RT-2 and RT-3 Districts)

"...involving multiple conversion dwellings in areas zoned RS-1A, RS-2, RS-4, RT-1 and RT-2 and RT-3.

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