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POLICY REPORT
DEVELOPMENT AND BUILDING
Date: August 26, 2002
Author/Local: BMcAfee/7699RTS No.: 02904
CC File No. 113
Council: September 10, 2002
TO:
Vancouver City Council
FROM:
Director of Current Planning
SUBJECT:
Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-law, Sign By-law, Parking By-law and Heritage Policies and Guidelines
RECOMMENDATION
A. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law, CD-1 By-law No. 7654, 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 the Public Hearing.
B. THAT miscellaneous amendments to the Parking By-law and Heritage Policies and Guidelines 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 AND SUMMARY
This report recommends a number of miscellaneous text amendments to the Zoning and Development By-law, a CD-1 By-law, the Sign By-law, the Parking By-law and Heritage Policies and Guidelines.
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. The last package of miscellaneous text amendments were enacted by Council on February 5, 2002.
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 section 10.16 to clarify how the height of a fence near a retaining wall on a common property line is measured.
· to Section 10.21 to clarify on how the minimum dwelling unit size is measured.
· to the RS-3 and RS-3A Districts Schedule to correct a typographical error in section 4.17.
· to the RS-5and RS-5S Districts Schedule to clarify the maximum width of accessory buildings.
CD-1 By-law
· to CD-1 By-law No. 7654 (#357) to correct a typographical error in section 7.
Sign By-law
· to section 2 to expand the definition of canopy sign created by recent amendments to section 10.
· to section 10 to correct a reference error.
The following proposed amendments can be approved without a Public Hearing. An explanation and draft wording for each is outlined in Appendix B.
Parking By-law
· to section 1 to include a reference to bicycle parking.
· to section 3.2.1 to correct a section reference.
· to section 3.2.1(c) to ensure relaxation is available not only for required (minimum) parking but also for permitted (maximum) parking.
· to section 4.1.5 and 4.2 to clarify that for CD-1s located in the downtown, parking spaces shall be calculated using section 4.3.
· to section 4.1.12 to correct sub-section references.
· to section 4.1.14 to clarify that the calculation of disability spaces shall not affect the maximum number of parking spaces.
· to sections 4.3.4 and 4.4.2 to clarify that parking is a passive use.
· to section 4.6.3 to clarify this section also applies to section 4.6.2.
· to section 4.8.4(c) to delete theatre use and add cultural and recreational uses and to the table to clarify that where a parking relaxation is granted disability spaces are calculated as per required parking, not provided parking.
· to section 4.11.1 to clarify that this section can also apply to section 4.9.
· to section 4.12 to correct a map title and renumber the second section 4.12 as 4.13.
· to section 5.4.1 to clarify a dimension is a minimum.
· to sections 7.3 and 7.4 to correct the clearances and dimensions required for disability spaces.
· to delete Appendix C as it is a repetition of Map 4.3.1.
Heritage Policies and Guidelines
· to the Heritage Policies and Guidelines to correct an incorrect reference number in the Relaxation of Regulations section.
CONCLUSION
This report proposes a number of miscellaneous amendments intended to correct errors and provide clarity in the interpretation of existing by-law and guideline provisions. It is recommended that staff be instructed to make application to amend the Zoning and Development By-law, CD-1 By-law No. 7654, and the Sign By-law and that the application be referred to Public Hearing and be approved. Staff also recommend approval of amendments to the Parking By-law and Heritage Policies and Guidelines as described in this report.
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APPENDIX A
PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING & DEVELOPMENT BY-LAW, CD-1 BY-LAW No. 7654, AND
SIGN BY-LAW[All additions are shown in bold italics. Deletions are shown in
strikeout]ZONING & DEVELOPMENT BY-LAW
Section 10 [General Regulations]
(a) In section 10.16.5 there is a regulation that restricts the height of a fence that is on a common boundary retaining wall. This regulation should also apply to retaining walls close to a property line.
Amendment:
10.16.5 Where a fence is erected or placed above a common boundary retaining wall, or within 1.0 m of a common boundary retaining wall, the maximum permissible height shall be reduced by half the height of the retaining wall.
(b) In section 10.21.2 there is a regulation regarding minimum dwelling unit size, but no description of how that unit size is to be measured. The regulation should be expanded as follows to clarify the situation:
Amendment:
10.21.2 Each dwelling unit shall have a minimum floor area of 37 m² (measured from the inside of all outer walls), except that the Director of Planning may permit a lesser floor area to a minimum of 29.7 m² if he is satisfied that the design ...
RS-3 and RS-3A DISTRICTS SCHEDULE
In section 4.17.4 (b)(i) there is a typographical error.
Amendment:
4.17.4 (b) that portion of the building abutting the lowered surface:
(i) faces
orthe rear property lineRS-5 and RS-5S DISTRICTS SCHEDULE
Section 2.2.A (d) regarding the width of accessory buildings is not clearly written. It should be amended to clarify the maximum width of the accessory building.
Amendment:
2.2.A (d)
the maximum width of any site occupied by accessory buildings is 40 percent of the site width plus 4.2 m;not more than 40 percent of the site width plus 4.2 m is occupied by accessory buildings;CD-1 BY-LAW
CD-1 By-law No. 7654 (#357)
CD-1 By-law No. 7654 contains a typographical error in section 7 created by a recent amendment to the by-law. The first of two sections 7.2 should be renumbered 7.1.
Amendment:
7.27.1 For residential uses, off-street parking must be provided ...SIGN BY-LAW
Section 2 Definitions
During recent amendments to Section 10 regarding canopy signs, the definition should have included structural elements.
Amendment:
Sign, Canopy means a sign which is painted on attached to, or constructed in or on the face or structural element of a canopy;
Section 10 General Provisions
There is incorrect reference number in section 10.
Amendment:
10.4.4 (d) (i) Any portions of the sign which exceed the vertical dimension set outin clause
(b)(c) of subsection 10.4.4...APPENDIX B
PROPOSED MISCELLANEOUS TEXT AMENDMENTS
PARKING BY-LAW AND HERITAGE POLICIES AND GUIDELINES
[All additions are shown in bold italics. Deletions are shown in
strikeout]PARKING BY-LAW
Section 1 By-Law No. 6059
When bicycle standards were introduced into the By-law, the preamble in section 1 should have been updated to include bicycles.
Amendment:
A By-law to regulate, within the City of Vancouver, provision of off-street spaces for the parking of motor vehicles and bicycles and to facilitate the loading and unloading of motor vehicles; ...
Section 3 Administration
(a) To section 3.2.1 to correct a section reference and add a comma after the words "similar places of assembly" to clarify the subordinate clause.
Amendment:
3.2.1 The Director of Planning, in the exercise of his jurisdiction, may relax the provisions of this By-law, except for the number of disability parking spaces required under section
4.7.44.8.4 for cultural and recreational uses, churches, chapels, places of worship, or similar places of assembly, in any ...(b) To section 3.2.1(c) to clarify that relaxation can apply not only to required minimum parking but also to permitted (maximum) parking, which on rare occasions is desirable and necessary, but not explicitly and clearly available in the wording of the current text to both permitted and required parking spaces.
Amendment:
3.2.1(c) the number of off-street parking spaces, loading spaces, passenger spaces, or disability parking spaces required or permitted;
Section 4 Off-street Parking Space Regulations
(a) To section 4.1.5 and 4.2 to clarify that for CD-1s in the Downtown, Central Waterfront and Historic Districts, parking spaces shall be calculated as per section 4.3, not section 4.2.
Amendment:
4.1.5 CD-1 District Requirements
Unless otherwise provided in any specific CD-1 By-law, the number of parking spaces required and permitted in the CD-1 District shall be calculated according to section 4.2, unless a site is situated within the areas circumscribed on Map 4.3.1, in which case the number of parking spaces required and permitted shall be calculated according to section 4.3.
4.2 Table of number of Required and Permitted Accessory Parking Spaces in R, C, M, I, DEOD, (except for sub-area 1), FSD Districts Except for Designated Heritage Sites, and Broadway Station Precinct shown outlined in heavy black on Map 4.5 (except for specified uses listed in section 4.5).
For sites within the heavy black outline shown on map 4.3.1, use section 4.3.
(b) To clarify clause references in section 4.1.12
Amendment:
4.1.12(b)(ii) the number of spaces not provided under this section 4.1.12(b)(i) and section 4.1.12(d)...
4.1.12(d)(ii) the number of spaces not provided under this section 4.1.12(d) and section 4.1.12(b)(i) shall not exceed two; and...
(c) To section 4.1.14 to clarify that the calculation of disability spaces shall not effect the maximum permitted number of parking spaces.
Amendment:
4.1.14 "... of satisfying the minimum required number of parking spaces. Use of this section shall not affect any maximum parking permitted calculations.
(d) To section 4.3.4 and 4.4.2 to clarify that parking is a passive use.
Amendment:
4.3.4 Non-Dwelling Uses -HA Districts- Existing Floor Space
For the purposes of this section Passive Uses (P) include vacant space, storage space, parking and warehouse space,...
4.4.2 Non-Dwelling Uses - Existing Floor Space
For the purposes of this section Passive Uses (P) include vacant space, storage space, parking and warehouse space,...
(e) To section 4.6.3 to clarify that this section also applies to section 4.6.2.
Amendment:
4.6.3 CD-1 Districts
Unless otherwise provided in any specific CD-1 By-law, the number of parking spaces required or provided in CD-1 Districts shall be located in accordance with section 4.6.1, or section 4.6.2 if the site is within the heavy black outline on Map 4.3.1.
(f) To section 4.8.4 and the following Table to add cultural and recreational uses in place of theatre use and to the table to clarify that where a parking relaxation is granted disability spaces are calculated as per required parking, not provided parking.
Amendment:
4.8.4(c) "... without limitation, office and
theatrecultural and recreational uses, ...."In the Table, add an asterisk after the words "Total Number of Parking Spaces Provided" and the following footnote;
"* Where relaxation of parking spaces is granted for cultural and recreational uses, churches, chapels, places of worship, or similar places of assembly, the required number of disability spaces is to be calculated as per section 4.2 or 4.3, as the case may be, before any relaxation.
(g) To section 4.11.1 to clarify that this section can also apply to section 4.9.
Amendment:
4.11.1 Unless otherwise provided in any specific CD-1 by-law, the design standards applicable in CD-1 Districts shall comply with section 4.8, or section 4.9 if the site is located within or abutting DD, CWD BCPED, RM-5, RM-5A, RM-5B, RM-5C, RM-6, C-3A, C-5, C-6, FC-1, FM-1, and HA Districts.
(h) To section 4.12 to correct the title of map 4.11.1 and renumber the second section 4.12 as 4.13.
Amendment:
Map 4.11.1 4.12.1
4.12 4.13 Security Standards for Parking Garages
Section 5 Off-street Loading Space Regulations
In section 5.4.1 it should be clarified that the manoeuvring aisle dimension is a minimum., allowing aisles with a wider dimension to be in compliance.
Amendment:
5.4.1 Adequate provision shall be made for access by vehicles to all off-street loading spaces by means of a minimum 6.1 metre wide manoeuvring aisle...
Section 7 Off-street Passenger Space Regulations
When amendments were made for disability spaces, the wording of the text in sections dealing with the dimensions Class A & B passenger spaces became inconsistent. Clarification is required.
Amendments:
7.3.2 Spaces that are parallel to a driving or manoeuvring aisle shall be a minimum 6.5 metres in length and shall otherwise comply with section 4.7.1. Spaces that are at a right angle to an aisle shall have a width as provided under section 4.7.4, shall be a minimum of 5.5 metres in length, and shall have a minimum vertical clearance of 2.0 metres. Spaces that are at an angle less than 90 degrees to the aisle shall be dimensioned asdetermined by the Director of Planning in consultation with the City Engineer.
Spaces shall have a minimum width of 2.5 metres, a minimum vertical clearance of 2.0 metres, and a minimum length of 5.5 metres, except they shall be a minimum 6.5 metres in length where parallel parking occurs. Notwithstanding the foregoing, spaces that are at an angle less than 90 degrees to the aisle, but not parallel, shall be dimensioned as determined by the Director of Planning in consultation with the City Engineer.
7.4.2 All spaces shall be a minimum 3.7 4.0 metres in width and shall have a minimum vertical clearance of 3.5 metres. Spaces that are parallel to a driving or manoeuvring aisle shall be a minimum of 14.0 metres in length for the first space, and 11.0 metres in length for any additional spaces. Spaces that are at a right angle to an aisle shall be a minimum of 7.5 metres in length for the first space, and 6.0 metres in length for any additional spaces, all with a minimum paved and unobstructed landing area extending behind the head of the space for a distance of 3.0 metres, with a width of 3.7 4.0 metres. Spaces that are at an angle less than 90 degrees to the aisle shall be dimensioned as determined by the Director of Planning in consultation with the City Engineer.
Delete Appendix C as it is a repetition of Map 4.3.1.
HERITAGE POLICIES AND GUIDELINES
In the Relaxation of Regulations section, there is an incorrect reference to another section number.
Amendment:
Section 5 3.2.5 of the Zoning and Development By-law and the interpretation section...
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