Vancouver City Council |
POLICY REPORT
URBAN STRUCTURE
Date: December 11, 2002
Author/Local: Heike Roth/6115
RTS No. 2499
CC File No. 113Council: January 14, 2003
TO:
Vancouver City Council
FROM:
Director of City Plans in consultation with the Director of Development Services
SUBJECT:
Text Amendments: Section 5 & 6 of the Zoning and Development By-law - Development Permit Exemption for Impermeable Materials and Housekeeping Amendments
RECOMMENDATION
THAT the Director of City Plans be instructed to make application to amend Sections 5 and 6 of the Zoning and Development By-law, generally in accordance with Appendix A, to exempt the placement of impermeable materials within the 60% allowable site coverage in RS district schedules from a development permit, and other housekeeping amendments, and that the application be referred to a Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
In recent years, Council has undertaken changes to the Vancouver Charter and numerous by-law amendments to govern private property impermeable material site coverage to reduce stormwater runoff into the sewer system and to encourage the retention of green space.
Most recently, in March and November 2000, Council approved changes to the RS-1, RS-1S, RS-1A, RS-1B, RS-2, RS-3, RS-3A, RS-4, RS-5, RS-5S, RS-6, and RS-7S District Schedules to limit impervious surface coverage to 60%, and provide for relaxation of this regulation.
The Zoning and Development By-law currently requires a development permit for sidewalks, patios and parking slabs.
DISCUSSION
a) Impermeability
Since the early 1980s, Council has approved a number of measures to reduce stormwater runoff and encourage the provision of green space, with the result that all RS district schedules now have impermeability controls. These regulations limit the amount of impermeable site coverage to 60%. The Director of Planning may relax the limit in cases where enforcement would result in undue hardship.
The 60% coverage figure is reasonable for average lot sizes in RS areas, as it allows 40% building coverage (house, accessory buildings), and a reasonable additional amount for walkways, patios, and parking slabs. The introduction of these impermeability controls has not presented significant problems for applicants or staff, with one exception: applicants desiring to install, repair or replace a sidewalk, patio or parking slab are now required to obtain a development permit prior to undertaking this work. Such a development permit costs up to $232.00 and takes 1-2 weeks to obtain.
The policy did not intend that a development permit be required to replace, repair or install impermeable materials, such as a sidewalk, where this falls within the allowable 60%. To remedy this, staff recommend an exemption for the installation, repair, or replacement of impermeable materials permitted outright in the RS district schedules. This exemption would eliminate the need for a development permit and associated costs and delay, yet would not change the requirement for limiting impermeable site coverage to 60%. The proposed amendment is outlined in Appendix A.
Staff note that a bulletin outlining the impermeable regulations is available to the public. In addition, the proposed amendment would bring impermeable materials in line with other existing exemptions, such as accessory buildings and fences which are exempt from a development permit if they comply with regulations.
b) Other Housekeeping Amendments
In reviewing the changes proposed for Section 5 of the Zoning and Development By-law, staff noted three additional areas requiring housekeeping amendments. All three amendments proposed improve comprehensives and consistency with by-law administration, by citing other relevant by-laws. In addition, housekeeping amendment #1 updates the by-law language by using "development and uses" in place of "uses and activities"; housekeeping amendment #2 eliminates redundancy arising from the change proposed in housekeeping amendment #1; and housekeeping amendment #3 updates the language by using the word "must" in place of "shall". The intent of these sections would not be changed. The proposed amendments are outlined in Appendix A.
CONCLUSION
The proposed amendment to exempt impermeable materials from a development permit in RS districts will reduce bureaucracy, cost and waiting time. The proposed housekeeping amendments will provide updated language and improved comprehensiveness without changing the intent of these sections.
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APPENDIX A Page 1 of 1
PROPOSED ZONING AND DEVELOPMENT BY-LAW AMENDMENTS
IMPERMEABILITY
1. Add, as section 5.18:
"5.18 Outside the projected area of the outermost walls of all principal or accessory buildings on the site, the installation, repair, or replacement of impermeable materials permitted under section 4.8 of each of the RS-1, RS-1S, RS-1A, RS-1B, RS-2, RS-3, RS-3A, RS-4, RS-5, RS-5S, RS-6 and RS-7S District Schedules."
OTHER HOUSEKEEPING AMENDMENTS
1. Delete the introductory paragraph of Section 5, and substitute:
"A person who complies in all other respects with this By-law, the Parking By-law, other City by-laws, any Official Development Plan, and any development permit, to the extent any of them apply to that person's site, need not obtain a development permit for the following development and uses:"
2. Delete the first sentence of section 5.14, and substitute:
"The change in use from a lawfully existing use that is listed in Column A to a use listed opposite in Column B. [Check Parking By-law]"
3. Delete section 6.6, and substitute:
"6.6 A person must not carry out any development or engage in any uses described in Section 5 in contravention of this By-law, the Parking By-law, other City by-laws, any Official Development Plan, or any development permit, to the extent any of them apply to that person's site."