POLICY REPORT

DEVELOPMENT AND BUILDING

Date: November 15, 2001
Author/Local: BMcAfee/7699

RTS No. 02379

CC File No. 113

Council: December 4, 2001

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	Miscellaneous Text Amendments: Zoning and Development By-law, Sign By-law, Zoning and Development Fee By-law, and Parking By-law

RECOMMENDATION

A. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law (including various CD-1 By-laws) and the Sign By-law for miscellaneous amendments generally in accordance with Appendix A, and that the application be referred to a Public Hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing.

B. THAT miscellaneous amendments to the Zoning and Development Fee By-law, and Parking By-law be approved, generally in accordance with Appendix B;

FURTHER THAT the Director of Legal Services be instructed to bring forward the necessary by-laws for enactment.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

There is no Council policy directly applicable to these amendments.

PURPOSE

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

BACKGROUND

From time to time, 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 by-laws and guidelines. Proposed amendments that are substantive in nature are not included in these packages, but are reported on separately. Urgent amendments will be reported individually as the need arises.

DISCUSSION

The following proposed amendments require a Public Hearing. An explanation and draft by-law wording for each is outlined in Appendix A.

Zoning and Development By-law
· to sections 5 and 10 to include a reference to the RS-7S District Schedule that was inadvertently omitted when that District Schedule was created;

· to the RS-3 and RS-3A District Schedule to clarify that excavations for basements or cellars are not permitted in the front yard;

Various CD-1 By-laws
· to CD-1 # 328 to correct an address reference on the Schedule A map;

· to CD-1 #357 to clarify how the parking requirement is calculated;

Sign By-law
· remove reference for CD-1 #325 (repealed) from Sign By-law;

· add an additional by-law reference number for developments at 1700 East Broadway inadvertently omitted when a portion of the site was rezoned; and

· clarify that billboards are not restricted within 60 metres of residentially-zoned rail lines that do not carry passenger trains.

The following proposed amendments can be approved without a Public Hearing. An explanation and draft wording for each is outlined in Appendix B.

Zoning and Development Fee By-law
· correct a typographical error in Schedule 1;

Parking By-law
· correct a typographical reference number to the Building By-law; and

· add a reference to RS-7S District inadvertently omitted when the RS-7S District Schedule was created.

CONCLUSION

This report contains a number of miscellaneous by-law amendments intended to correct errors and to provide clarity in the interpretation of existing provisions. Staff recommend referral of the Zoning and Development By-law and Sign By-law amendments to Public Hearing for approval, and approval of amendments to other by-laws described in this report.

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PROPOSED MISCELLANEOUS TEXT AMENDMENTS

ZONING AND DEVELOPMENT BY-LAW [INCLUDING CD-1 BY-LAWS]
and the SIGN BY-LAW

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

ZONING & DEVELOPMENT BY-LAW

SECTION 5 [Exemptions from Development Permit Requirement]

In section 5.7 there is a list of one-family dwelling districts where the demolition of a residential building is not exempt from a demolition permit. When the RS-7S District Schedule was created it should have been added to this list.

Amendment:

(b) a residential building in the RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S, RS-6, RS-7S, or First Shaughnessy District (FSD).

SECTION 10 [General Regulations]

In section 10.12.14 there is a list of one-family dwelling districts where the issuance of a development permit for demolition is subject to conditions. When the RS-7S District Schedule was created it should have been added to this list.

Amendment:

10.12.4 Except as set out in sections 10.12.6 and 10.12.7, where development necessitates the demolition of (a) a building listed on the Heritage Register or (b) a residential building located in the RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S, RS-6, RS-7S, or FSD District.....

RS-3 and RS-3A DISTRICTS SCHEDULE

Section 4.17.4, under the RS-3 and RS-3A Districts Schedule, allows for partial excavation to provide for light or access to basements, but only in the rear yard. Therefore the words "front street" should be deleted from section 4.17.4 (b).

Amendment:

"4.17.4 For the purpose of providing light or access to a basement or cellar, the surface of the ground adjoining a building can be lowered without affecting the calculation of average elevation, provided that:

(a) the lowered surface does not extend more than 3.1 m into the required rear yard; and

(b) that portion of the building abutting the lowered surface:

(i) faces the front street or the rear property line; and.....".

CD-1 BY-LAWS

CD-1 By-law No. 7337 (#328)

CD-1 By-law #328 contains an incorrect address reference on the Schedule A map.

Amendment:

RZ 4066 Macdonald Street & 2875 2785 Alamein Avenue

CD-1 By-law No. 7654 (#357)

When CD-1 By-law #357 was approved it was intended that the overall off-street parking be provided in accordance with the Parking By-law, except that residential parking be provided as if the site were zoned RM-4. However, when the by-law was enacted, the wording referenced all parking as if the site were zoned RM-4. The amendment will clarify that for non-residential uses, normal Parking By-law requirements will apply.

Amendment:

7.1 Off-street parking must be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law. as if the site is zoned RM-4.

7.2 For residential uses, off-street parking must be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law as if the site is zoned RM-4.

Reletter existing section 7.2 as 7.3.

SIGN BY-LAW

Schedule E - Comprehensive Development Areas

1. Schedule E contains a reference to CD-1 By-law #325 (800 Beatty). As that by-law has been repealed the reference should be deleted from the Sign By-law.

Amendment:

"800 Beatty Street CD-1 (325) 7249 B(DD)

2. When the CD-1 zoning for N/S 1700 East Broadway was expanded, the additional by-law reference number should have been added to Schedule E of the Sign By-law.

Amendment:

"N/S 1700 East Broadway CD-1 (250) 6663 & 8187 B(C-2)

Section 10 General Provisions

When Council, on October 30, 2001, approved the addition to the Sign By-law of section 10.3.2(c)(vi) to provide, among other things, that billboards must be at least 60 metres perpendicularly distant from the centre line of any rail tracks carrying passenger trains, section 10.3.2(c)(i) should have been amended to make it clear that this restriction applies to residentially-zoned rail lines that carry passenger trains but does not apply to those lines that do not carry passenger trains.

Amendment:

"(c) a billboard shall be located no closer than:

(i) 60 metres to any Residential Area identified in section 9.2 that is not used as a rail right-of-way except for any Residential Area that is used as a rail right-of-way solely for non-passenger trains;".

PROPOSED MISCELLANEOUS TEXT AMENDMENTS

ZONING AND DEVELOPMENT 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

There is a typographical error in section 1A(a) of Schedule 1. The word "read" should be "rear".

Amendment:

".....and where the relaxation of a required read rear yard would be less than ....."

PARKING BY-LAW

Section 6 Off-street Bicycle Space Regulations

Section 6.5.1 contains an incorrect reference to a section under the Building By-law.

Amendment:

"[See section 3.6.4.4 3.7.4.10 of the Building By-law for shower and other ....."

Section 4 Off-street Parking Space Regulations

The RS-7S District Schedule should have been added to section 4.6.2 when the new schedule was created.

Amendment:

"4.6.2 Access to Parking Spaces in RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S, and RS-6 and RS-7S Districts.

Access by vehicles to all off-street parking spaces shall be provided on any site in the RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S, and RS-6 and RS-7S Districts."

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(c) 1998 City of Vancouver