POLICY REPORT
DEVELOPMENT AND BUILDING

Date: February 21, 2002
Author/Local: D.Naundorf/7484

RTS No. 02559

CC File No. 5307

Council: March 12, 2002

TO:	Vancouver City Council
FROM:	Director of Current Planning in consultation with the Director of Legal Services
SUBJECT:	CD-1 Rezoning of 1220 East Pender Street - Noise Warning Condition

RECOMMENDATION

THAT the rezoning condition for 1220 East Pender Street to register on title of all strata units a warning that the building is located in an industrial district where noisy businesses will be operating be deleted;

FURTHER THAT as an alternative to the condition, the draft CD-1 By-law be amended to add a similar noise warning to the Use section, generally as outlined in Appendix A.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On November 8, 2001 Council approved in principle an application to rezone 1220 East Pender Street from I-2 to CD-1, with conditions.

PURPOSE

This report advises of the difficulty in achieving a rezoning condition for 1220 East Pender Street, this being the registration of a noise warning on title of all the strata units andrecommends as an alternative an amendment to the draft CD-1 By-law to meet Council's intent.

BACKGROUND

At a Public Hearing on November 8, 2001, Council approved an application to rezone 1220 East Pender Street from I-2 to CD-1 to permit Residential Use in conjunction with selected Industrial Uses (Industrial Work-Live). Also approved was a consequential amendment to the Noise Control By-law to include 1220 East Pender Street as part of the industrial "Activity Zone".

At the Public Hearing, Council considered ways to ensure that industrial operators within and adjacent to the site would not be subjected to unreasonable noise complaints from residents in the building, and for a way to ensure that prospective purchasers were made aware that the building is located within an area where industrial noise is permitted under the Noise Control By-law.

Staff advised that there is no satisfactory legal method to notify purchasers about potential noise, and that if Council wished to require the registration of a section 219 covenant on the titles to warn of industrial noise, this would likely not be effective. The reason is that almost all purchasers sign an interim agreement to purchase before inspecting the title and charges against it, and do not necessarily make section 219 covenants being to their satisfaction a condition of purchase.

Councillors expressed the view that such a notice on title would still provide a worthwhile warning and would help to minimize noise complaints. Council resolved:

"(b) THAT, prior to enactment of the CD-1 By-law, the registered owner will make arrangements to the satisfaction of the Director of Legal Services for the registration on title of all the strata units warning that the building is located within an industrial district where noisy businesses will be operating and where Noise By-law standards for Activity Zones will apply."

DISCUSSION

The Director of Legal Services has reviewed this condition and advises that there are no appropriate legal mechanisms available in this situation to register such a warning on titles to individual strata units.

As an alternative, the Director of Legal Services advises that Council could amend the draft CD-1 By-law to add to the Use section a similar noise warning generally as outlined in Appendix A. Staff believe this amendment would be consistent with Council's intent, asprospective purchasers now and in the future would be just as likely to check the zoning on the site as to inspect the title prior to signing an interim agreement.

The Director of Legal Services advises that such a change to the draft CD-1 By-law is for information purposes only and would not prejudice anyone. Council can therefore make this amendment without referring the matter to a new public hearing.

CONCLUSION

Staff recommend that Council delete the rezoning condition for 1220 East Pender Street to register a noise warning covenant and, as an alternative, amend the CD-1 By-law to include a similar noise warning. This will achieve Council's intent in the absences of appropriate legal mechanisms to register such a warning on titles to individual strata units.

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1220 EAST PENDER STREET
PROPOSED AMENDMENT TO DRAFT CD-1 BY-LAW

(amendment in bold)

Uses

(f) Residential Unit combined with any use listed in subsections (a) to (e) of this section 2, which Residential Unit use will be in an "activity zone" as defined in the Noise Control by-law, and, as a result, will be subject to noise levels permitted in an industrial zone;

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(c) 1998 City of Vancouver