Vancouver City Council

POLICY REPORT
DEVELOPMENT AND BUILDING

Date: September 23, 2003
Author/Local: B.McAfee/7699
RTS No. 03579
CC File No. 113
Meeting Date: October 7, 2003

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws, Official Development Plans, Zoning and Development Fee By-law and 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-laws and Official Development Plans generally in accordance with Appendices A & 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 & B for consideration at the Public Hearing.

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

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

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A and B.

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, CD-1 By-laws, Official Development Plans, Zoning and Development Fee By-law, and 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 was enacted by Council in November 2002.

DISCUSSION

The following proposed amendments require a Public Hearing. An explanation and draft by-law wording for each is contained in Appendices A & B. [Note: Appendix B contains all the amendments regarding residential storage space previously referred by Council on May 13, 2003.]

Zoning and Development By-law

· To section 2 to make the wording of the definition of Congregate Housing consistent with other Special Needs Residential Facility terms.

· To section 3 to renumber one of two clause 3.2.7 inadvertently created when the section was last amended.

· To sections of the RS-3 and RS-3A, RS-5 and RS-5S, RS-6 and RS-7S Districts Schedules to change the wording in reference to roof from "pitch" to "slope".

· To section 3 of the RM-6 District Schedule to add dwelling unit as a permitted use, which was inadvertently omitted when the Schedule was created.

· to the HA-1 and HA-1A Districts Schedule to remove reference to Provincially designated sites as such sites are now municipally designated sites and can moresimply be referenced as "protected properties" according to the Vancouver Charter, and to delete a reference to heritage bonus which can only be achieved through a Heritage Revitalization agreement or a rezoning.

· to sections of the RM-2, RM-3, RM-3A, RM-4 and RM-4N, RM-5, RM-5A, RM-5B and RM-5C, RM-6, FM-1, C-1, C-2B, C-2C, C-2C1, C-3A, C-5 and C-6, C-7& C-8, FC-1, MC-1 and MC-2, and HA-3 Districts Schedules, to amend the wording regarding residential storage space floor area exclusions to make it consistent with administrative practice.

CD-1 By-laws

· to CD-1 By-law No. 6180 (#194) to include services uses omitted when the original by-law was created permitting commercial uses.

· to CD-1 By-law No. 6320 (#217) to reduce the minimum site area for multiple dwellings to reflect the existing lot sizes and subdivision pattern.

· to various CD-1 By-law No. 8587 (#415) to correct a typographical error.

· to various CD-1 By-laws to amend the wording regarding residential storage space floor area exclusions to make them consistent with administrative practice.

Official Development Plans

· to amend sections of the Downtown District, Downtown Eastside-Oppenheimer District and the Southeast Granville Slopes Official Development Plans to amend the wording regarding residential storage space floor area exclusions to make it consistent with administrative practice.

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

Zoning and Development Fee By-law

· to section 20 of Schedule 1 to clarify that the fee for high buildings is in addition to, and not instead of, development permit fees for buildings generally.

· to sections 1(a), 1(A)(a), 2(a), 3(a), 4(a) and 5(a) of Schedule 1 to correct a reference number.

Policies and Guidelines

· to Chinatown HA-1 Guidelines for Designated Sites to alter "Provincial Designation" reference to "protected sites".

· to the I-2 INSTITUTIONAL, CULTURAL AND RECREATIONAL USES Policies and Guidelines: Marine Drive Industrial Area, add the word conditional in the title to clarify that the policies apply to conditional uses.

· to the RS-5/RS-5S DESIGN GUIDELINES to change the word in reference to roof from "pitch" to "slope".

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-laws and Official Development Plans and that the application be referred to Public Hearing and be approved. Staff also recommend approval of amendments to the Zoning and Development Fee By-law and specific Policies and Guideline documents.

- - - - -

APPENDIX A

PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING AND DEVELOPMENT BY-LAW & CD-1 BY-LAWS
[All additions are shown in bold italics. Deletions are shown in strikeout.]

By-law amendments will be prepared generally in accordance with the provisions listed below and are subject to change and refinement prior to By-law posting:

ZONING AND DEVELOPMENT BY-LAW

Section 2 [Definitions]

In section 2 under Institutional Uses, amend the wording of the definition for congregate housing to make it consistent with other Special Needs Residential Facility definitions.

Amendment

Special Needs Residential Facility - Congregate Housing, A which means a building containing residential units ...

Section 3

In section 3 renumber the second 3.2.7 clause to 3.2.8.

Amendment

3.2.7 8 When the Director of Planning relaxes any provision of this by-law pursuant to...

RS-3 and RS-3A, RS-5 and RS-5S, RS-6 and RS-7 Districts Schedules

In the indicated sections of each schedule, in reference to roofs, change the word "pitch" to "slope" as that term is more universally understood.

RS-3 and RS-3A sections 4.3.3(a)(i) & (ii)
RS-5 and RS-5S sections 4.3.2 and 4.3.3
RS-6 sections 4.17.6 (a) & (b) and 4.17.37
RS-7S sections 4.17.6 (a) & (b) and 4.17.37

Amendment (typical - this example is from RS-3 and RS-3A)

4.3.3 (a) can be increased from 9.2 m to a maximum of 10.7 m provided that all roofs are either of a gable, hip or gambrel design and have a pitch slope of at least 7:12 ratio over the whole roof area, except that

RM-6 District Schedule

In section 3.2.DW add dwelling units as a permitted use.

Amendment

3.2.DW

· Dwelling Units in conjunction with any of the other uses set out in this schedule
· Multiple Dwelling, provided that before ...

HA-1 and HA-1A Districts Schedule

In section 1, Intent, delete references to Provincial designation which has been replaced by municipal protection.

In section 4.7 (Floor Space Ratio) delete section 4.7.1 as the Director of Legal Services advises that additional density and density transfers are to be achieved either through a rezoning or Heritage Revitalization Agreement.

Amendment

1. Intent

... of Victorian forms. The significant buildings of this period were built between the Great Fire of 1886 and the beginning of the Great Depression in 1929 and many are Provincially Designated sites protected heritage properties. Chinatown has traditionally ...

... two Districts: HA-1 corresponds to the boundaries of the Provincially designated sites protected heritage properties; HA-1A is the remainder of Chinatown. There are also two sets of related design guidelines :for Designated sites (HA-1) and for Non-designated sites (HA-1A). The guidelines are important for achieving an appropriate level of design sensitivity.

4.7.1 Where an owner of a site agrees to restore a building that is designatedunder the Heritage Conservation Act or the act it replaced and is listed on the Vancouver Heritage Register approved by Council, and where a covenant has been registered in the Land Title Office providing that the additional density for the site will not be constructed on the site, the Council may, by resolution, approve the creation of additional density for the site equal to a floor space ratio of 2.0 which additional density may, to the extent permissible at law, be transferred to another site provided that the other site is zoned pursuant to the Vancouver Charter to permit the use of the transferred density.

4.7.2 1 Where exterior walls greater ...

CD-1 BY-LAWS

CD-1 By-law No. 6180 (#194) 3551-3571 Kingsway

The intent is for a mixed use commercial/residential development. Service use, typical of commercial districts, was inadvertently omitted and should be added as a permitted use.

Amendment

2. Uses

(a) a maximum of 8 dwelling units;
(b) office;
(c) retail;
(d) service;
(d)(e) accessory uses customarily ancillary to the above uses.

CD-1 By-law No. 6320 (#217) Kings Avenue and Rupert Street

The intent is to require a minimum site area to achieve a multiple dwelling. The figure stated does not take into account several lots just slightly smaller than the required minimum (due to corner cut-offs etc). Therefore in section 4 (Site Area) the minimum site area should be reduced from 343 m² (3,696 sq. ft.) to 334 m² (3,600 sq. ft.).

Amendment

4. Site Area

For a multiple dwelling the minimum site area shall be 343 m²(3,696 sq. ft.) 334 m² (3,600 sq. ft.) And the maximum site area shall be 1 197 m² (12,885 sq. ft.).

CD-1 By-law No. 8587 (#415) 651 Expo Boulevard

Correct a typographical error in section 3(a)(i).

Amendment

(i) a minimum of 180 dwelling units, in addition to the units referred to in sections 3(1)(a)(ii) and (iii),...

APPENDIX B

PROPOSED MISCELLANEOUS TEXT AMENDMENTS
REGARDING RESIDENTIAL STORAGE SPACE

ZONING AND DEVELOPMENT BY-LAW, OFFICIAL
DEVELOPMENT PLANS & CD-1 BY-LAWS

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

By-law amendments will be prepared generally in accordance with the provisions listed below and are subject to change and refinement prior to By-law posting:

Amend various District Schedules of the Zoning and Development By-law, Official Development Plans and CD-1 By-laws to the extent the Director of Legal Services considers necessary to ensure that residential storage space exclusions are consistent with current administrative practice by amending wording and section numbers and inserting wording, where appropriate, substantially as follows:

DISTRICT SCHEDULES AND OFFICIAL DEVELOPMENT PLANS

Amend sections of the RM-2, RM-3, RM-3A, RM-4 and RM-4N, RM-5, RM-5A, RM-5B and RM-5C, RM-6, FM-1, C-1, C-2B, C-2C, C-2C1, C-3A, C-5 and C-6, C-7 & C-8, FC-1, MC-1 and MC-2, and HA-3 Districts Schedules, and Downtown, Southeast Granville Slopes and Downtown Eastside/Oppenheimer Official Development Plans.

Amendment

residential storage space provided that where the space is provided at or above base surface, the maximum exclusion shall be 3.7 m² per dwelling unit

all residential storage space above or below base surface, except that if the residential storage space above base surface exceeds 3.7 m² per dwelling unit, there will be no exclusion for any of the residential storage space above base surface for that unit

CD-1 BY-LAWS

By-laws Nos. 3632 & 3706, 3914, 4037, 4131,4049, 4397, 4559, 4597, 4677, 6421, 6688, 6710, 6713, 6731, 6738, 6739, 6740, 6744, 6747, 6757, 6768, 6817, 6827, 6838, 6919, 6965, 7006, 7087, 7091, 7092, 7101, 7135, 7155, 7156, 7157, 7159, 7163, 7166, 7173, 7174, 7175,7193, 7198, 7189, 7196, 7200, 7204, 7208, 7209, 7210, 7223, 7224, 7230, 7232, 7235, 7248, 7317, 7325, 7337, 7340, 7381, 7425, 7431, 7459, 7476, 7519, 7531, 7522, 7551, 7552,7556, 7601, 7602, 7619, 7638, 7648, 7649, 7651, 7654, 7655, 7656, 7673, 7675, 7677, 7679, 7681, 7715, 7723, 7820, 7834, 7852, 7853, 7879, 7927, 7904, 7932, 7971, 7995, 7996, 8016, 8034, 8043, 8044, 8055, 8073, 8097, 8082, 8130, 8131, 8193, 8326, 8369, 8439, 8457, 8479, 8546, 8587, and 8592 are amended.

Amendment

residential storage space provided that where the space is provided at or above base surface, the maximum exclusion shall be 3.7 m² per dwelling unit

all residential storage space above or below base surface, except that if the residential storage space above base surface exceeds 3.7 m² per dwelling unit, there will be no exclusion for any of the residential storage space above base surface for that unit

APPENDIX C

PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING AND DEVELOPMENT FEE BY-LAW and POLICIES & GUIDELINES
[All additions are shown in bold italics. Deletions are in strikeout.]

ZONING AND DEVELOPMENT FEE BY-LAW

Schedule 1

In sections 1(a), 1(A)(a), 2(a), 3(a), 4(a) and 5(a) there are incorrect reference numbers.

Amendment

In sections 1(a), 1(A)(a) and 5(a) delete 3.2.6 and substitute 3.2.7
In sections 2(a), 3(a) and 4(a) delete 3.3.1 and substitute 3.2.7

In section 20, Higher Building Application Fee, amend the wording to clarify that the fee is addition to and not instead of development permit fees for buildings generally.

Amendment

Despite any other provision in this Schedule 1 to the contrary, for an application for a building that will exceed 137 m

In addition to any other provision in this Schedule 1 imposing a fee for an application for a building that will exceed 137 m

POLICIES and GUIDELINES

Chinatown HA-1 Guidelines for Designated Sites

In section 1 delete references to Provincial Designation and substitute "protected sites".

Amendment

1 Application and Intent

These guidelines are to be used in conjunction with the HA-1 District Schedule of the Zoning and Development By-law for the Provincially designated sites protected heritage properties in the area shown shaded in Figure 1 below. Some of the buildings on designated protected sites are also listed on the Vancouver HeritageRegister.

[Note: in Legend of map Provincially Designated Sites Protected Heritage Properties]

Chinatown HA-1A Guidelines for Non-designated Sites

To section 1 delete references to Provincial Designation and substitute "protected sites".

Amendment

1 Application and Intent

These guidelines are to be used in conjunction with the HA-1A District Schedule of the Zoning and Development By-law, for the properties located outside the Provincially designated site (shaded area shown in Figure 1 below). A separate set of design guidelines has been approved for Provincially designated sites. Some of these non-designated properties have buildings listed on the Vancouver Heritage Register...

The intent of these guidelines is to encourage compatible new development adjacent to the historic character of the Provincially designated sites of Chinatown protected heritage properties in HA-1 ...

These guidelines have less detail, and less emphasis on heritage conservation and compatibility with heritage buildings, than those guidelines in effect for designated sites the protected heritage properties in HA-1. Applicants who wish a fuller description of the objectives are encouraged to refer to the guidelines for HA-1 designated sites. Applicants are encouraged to retain professional design advice.

[Note: in Legend of map Provincially Designated Sites Protected Heritage Properties (HA-1)]

I-2 Institutional, Cultural and Recreational Uses Policies and Guidelines: Marine Drive Industrial Area

In the title of the document add the word "conditional" to clarify that the policies apply to conditional uses.

Amendment

I-2 CONDITIONAL INSTITUTIONAL, CULTURAL AND RECREATIONAL USES Policies and Guidelines: Marine Drive Industrial Area

RS-5 and RS-5S Design Guidelines

Wherever the word "pitch" is used in reference to roofs, change the word to "slope" as that term is more universally recognized.

* * * * *

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver