ADMINISTRATIVE REPORT

Date: October 13, 1998
Author/Local: Wesley Joe/7736

Pat St. Michel/6112

RTS No. 155
CC File No. 5305

TO:	Vancouver City Council
FROM:	Director of Community Planning
SUBJECT:	Possible Withholding Action for 2596 Kitchener Street - Clinton Park West RS-1S Interim Zoning Review Study Area

RECOMMENDATION

A. THAT in accordance with Council's instruction of September 10, 1998, to refer RS-5S zoning for the Clinton Park West RS-1S area to Public Hearing, Council withhold for 30 days in accordance with the provisions of Section 570(1) of the Vancouver Charter, the Combined Development and Building Permit for the proposed development at 2596 Kitchener Street, expiring October 28, 1998, and for a further 60-day period, expiring December 27, 1998, for a total of 90 days from the date of submission, pursuant to Section 570(2) of the Vancouver Charter.

OR

B. THAT Council instruct staff to process the Combined Building and Development Application for the proposed development at 2596 Kitchener Street in the normal manner.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services submits for CONSIDERATION A or B.

COUNCIL POLICY

On September 10, 1998, Council referred RS-5S zoning for the Clinton Park West RS-1S area to Public Hearing.

PURPOSE

The purpose of this report is to ask for a decision on the possible withholding of a development application received on September 28, 1998.

BACKGROUND

On May 9, 1996, Council approved an Interim Zoning Review for RS-1 and RS-1S areas. In February and March of 1998, a telephone survey was conducted in the Clinton Park West area, which showed 57% support for changing the existing RS-1S zoning. Council-approved policy sought a minimum 60% support for change in order to proceed to Public Hearing. Based on this policy, residents and property owners were informed by letter that no change to the current zoning was anticipated at that time. In accordance with this policy, staff recommended to Council not to proceed to Public Hearing regarding changing the zoning. On September 10, 1998, at a meeting of the Planning and Environment Committee, after hearing from the public, Council decided the support was sufficient to refer RS-5S zoning for the Clinton Park West RS-1S area to Public Hearing. The Public Hearing has been scheduled for November 17, 1998.

Section 570 of the Vancouver Charter became applicable to the Clinton Park West RS-1S area upon referral to Public Hearing. This section enables Council to withhold permits for 30 days for assessment and, following a subsequent report, a further 60 days pending conclusion of the proposed rezoning. The purpose of withholding action is to prevent development applications which are at variance or in conflict with a proposed zoning from being processed until the proposed zoning has been considered at a Public Hearing. However, because the proposed zoning has not been adopted by Council, in order to be approved, the application must also conform with the existing zoning.

In the event Council withholds issuance of a permit and the rezoning is ultimately refused, or approved to the extent that the permit withheld would comply, the City is liable for damages suffered by the owner.

DISCUSSION

On September 28, 1998, staff received an application to construct a new single-family dwelling under RS-1S at 2596 Kitchener Street.

Staff met with the applicant to discuss the implications of the proposed rezoning to RS-5S, and the likelihood that an application that met only the requirements of RS-1S would be withheld. The applicant decided to submit the design unchanged. Site surveys submitted with the application are dated September 10, 1998.

1. RS-1S Conformity

Under the RS-1S District Schedule, the application generally meets all regulations.

2. RS-5S Conformity as an Outright application

The application does not conform with the following regulatory provisions of the outright RS-5S zoning:

· exceeds the allowable above-grade floor area by 190 sq. ft.;
· exceeds the allowable building depth by 4.31 feet;
· exceeds the maximum accessory building floor area by 58.1 sq. ft.; and
· the west side yard setback is deficient by 1.72 feet.

3. RS-5S Conformity as a Discretionary application

The applicant for 2596 Kitchener Street did not submit the information necessary for a full design review analysis, however, a quick field check of the 2500 block of Kitchener was made to see how the RS-5S Design Guidelines might apply to the proposed development.

As a discretionary application, the building would still not conform to building depth, side yard and accessory building regulations, but the building would be within the permitted increase in allowable above grade floor space. However, to be eligible for this permitted increase, fundamental changes to the submitted design would be needed to satisfy the streetscape character requirements of the guidelines, including building form, massing, roof form, orientation, and wall composition. Changes would also be required to satisfy the RS-5S Design Guidelines with regard to doors and windows, materials and detailing, and landscape design.

In summary, major changes would be needed to bring the application in line with the proposed RS-5S zoning, either as an outright or discretionary application.

CONCLUSION

Based on the non-conformance of the application with the proposed RS-5S zoning, staff would usually recommend withholding the Combined Development and Building Permit for 30 days from the date of submission and for an additional 60-day period.

However, in this case, the applicant has shown documents that indicate that there were intentions of constructing a new house as of Council's decision to refer the rezoning to Public Hearing. Additionally, prior to the referral to public hearing, area residents and property owners were informed that based on the survey results, no change to the current zoning was anticipated. Finally, if Council chooses to retain the current RS-1S zoning after Public Hearing, the city could be liable for damages from withholding this application.

Therefore, two options are presented to Council for consideration. Council can either instruct staff to withhold the application for an initial 30 days, followed by a further 60 days, and await the results of the Public Hearing, or instruct staff to process the application under the existing RS-1S zoning.

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(c) 1998 City of Vancouver