Vancouver City Council |
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: May 13, 2003
Author/Local: BMcAfee/7699
RTS No. 03387
CC File No. 5306/113
Meeting Date: May 27, 2003
TO:
Vancouver City Council
FROM:
Director of Current Planning
SUBJECT:
Corrections to CD-1 By-laws for 4500 Oak Street and 501 Bute Street
RECOMMENDATION
THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 5091 for 4500 Oak Street and CD-1 By-law No. 7681 for 501 Bute Street to correct errors generally in accordance with Appendices A and B, 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, generally in accordance with Appendices A and B for consideration at the Public Hearing.
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 the proposed amendments.
PURPOSE AND SUMMARY
This report recommends amendments to CD-1 By-law No. 5091 (#126) for 4500 Oak Street (Children's and Women's Hospital) and CD-1 By-law No. 7681 (# 364) for 501 Bute Street (Harbour Green Neighbourhood) to correct recently-detected errors.
DISCUSSION
As a result of a neighbourhood inquiry regarding development potential on the CD-1 zoned Children's and Women's Hospital site at 4500 Oak Street, and during the processing of a current development application for a site in the CD-1 zoned Harbour Green Neighbourhood of 501 Bute Street, staff have found errors in both CD-1 By-laws.
CD-1 By-law No. 5091 - 4500 Oak Street - Children's and Women's Hospital
There is an error in the Building Height and Setbacks diagram.
At Public Hearing on June 24, 1999 Council approved amendments to the CD-1 By-law to permit future growth of the hospital subject to "the alternate diagram presented at the Public Hearing, dated June 24, 1999, eliminating the 4-storey building on the Oak Street frontage and replacing the map attached to the memorandum dated June 24, 1999".
Unfortunately, the elimination of the 4-storey height and the setback suited for a building at this location in the alternate diagram was not included in the revised diagram used for the by-law enactment and therefore the current by-law still shows the 4-storey height and setback. The amendment outlined in Appendix A will correct the map error for that portion of the site in accordance with the alternate diagram dated June 24, 1999.
CD-1 By-law No. 7681 - 501 Bute Street - Harbour Green Neighbourhood
A development application for 1169 West Cordova Street (DE 407402) is currently being processed. This site is covered by the CD-1 By-law for 501 Bute Street.
In October 2002, the original CD-1 By-law for the area was amended to permit a restaurant on a small site at the rear of 1299 West Hastings Street. The amending by-law (No. 8553) added the new use and re-ordered several clauses. Simultaneously several CD-1s in False Creek and Coal Harbour were being amended to clarify floor space exclusions and the subject CD-1 was included in the amendments. When the CD-1 By-law was amended the second time, a wrong clause was deleted. The amendments outlined in Appendix B will correct this error.
Staff can continue to process the application as the intent of the By-law is clear, but a development permit cannot be issued until the correction has been made.
CONCLUSION
The proposed amendments to CD-1 By-laws Nos. 5091 and 7681 will correct errors that have recently been discovered and need to be fixed to enable issuance of development permits appropriate to the intent of these by-laws. It is recommended that the Director of Current Planning be instructed to make application to amend the by-laws and that the application be referred to Public Hearing.
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APPENDIX B
DRAFT AMENDMENTS TO CD-1 BY-LAW No. 5091 (4500 Oak Street)
Delete the following diagram shown in section 4.1
And substitute the following correct version.
DRAFT AMENDMENTS TO CD-1 BY-LAW No. 7681 (501 Bute Street)
Note: All additions are shown in bold italics and deletions are instrikeout.Section 5.3
(d) the portion of a floor used for heating and mechanical equipment or other uses similar to the foregoing;
(d)(e) the floors or portions of floors used for off-street parking and loading, taking on or discharging passengers, bicycle storage, or uses which, in the opinion of the Director of Planning, are similar to the foregoing, that, for each area, is at or below the base surface;
(e) the portion of a floor used for off-street parking and loading, bicycle storage that, for each parking area, is at or below base surface;* * * * *