Vancouver City Council |
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: April 21, 2004
Author/Local: B. McAfee/7699
RTS No. 04164
CC File No. 5302Meeting: May 18, 2004
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 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 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B. THAT the document titled "Policy on Large-Scale Retail Uses in Industrial Areas" be repealed.
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 and the repeal of a policy document.
DISCUSSION
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 are reported individually as the need arises. The last package of miscellaneous text amendments was enacted by Council in December, 2003.
The following proposed amendments require a Public Hearing. An explanation and draft by-law wording for each is contained in Appendix A.
Zoning and Development By-law
· To Section 2 to clarify the definition of General Office;
· To the RM-5, RM-5A, RM-5B and RM-5C Districts Schedule to permit dwelling units in conjunction with another use, which was inadvertently omitted when the Schedule was created; and
· To Schedule D to correct mapping errors when certain areas of the city were rezoned from RS-1S to RS-1.
CD-1 By-laws
· To CD-1 By-law No. 6744 (#264) to reflect current calculation practice by including a section on the amount of balcony area that may be excluded from the calculation of floor area; and
· To CD-1 By-laws Nos. 8536 (#413), 8546 (#414), and 8740 (#418) to include a floor area inclusion clause inadvertently omitted when the by-laws were created.
Official Development Plans
Central Waterfront Official Development Plan
· To the Background section to clarify references to amendments to the Central Waterfront District and the Central Waterfront Official Development Plan.
Southeast Granville Slopes Official Development Plan
· To Section 6.4, Off-street Parking and Loading, to correct a reference to a section of the Parking By-law.
The following can be approved without a Public Hearing:
Policy on Large-Scale Retail Uses in Industrial Areas
In November, 1987, Council adopted "Policy on Large-Scale Retail Uses in Industrial Areas". In May, 2001, Council adopted "Highway Oriented Retail (HOR) Rezoning Policies and Guidelines: Marine Drive Industrial Area". In July, 2002, Council adopted "Grandview Boundary Industrial Area Rezoning & Redevelopment Policies and Guidelines".
The 2001 and 2002 documents were intended to replace the 1987 document. The 1987 document should therefore be repealed.
CONCLUSION
This report proposes a number of miscellaneous amendments 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 the repeal of a policy document.
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APPENDIX A
PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING AND DEVELOPMENT BY-LAW, CD-1 BY-LAWS &
OFFICIAL DEVELOPMENT PLANS
[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
Under Office Uses, amend the definition of General Office to clarify that General Office does not include Health Enhancement Centre.
Amendment:
General Office, which means the use of premises for any office use, including Information Technology and desktop publishing, but does not include Financial Institution,
orHealth Care Office or Health Enhancement Centre.RM-5, RM-5A, RM-5B and RM-5C Districts Schedule
In section 3.2.1.DW add dwelling units in conjunction with any other use as a permitted use.
Amendment:
3.2.1.DW
· Dwelling Units in conjunction with any of the other uses set out in this Schedule.
· Multiple Dwelling, provided that before ...Schedule D
In March 2004, when certain areas of the city were rezoned from RS-1S to RS-1, some Schedule A maps attached to the By-law might be mistaken to read that certain sites located within RS-1S areas but not zoned RS-1S, were rezoned to RS-1. The legend on the maps should be amended to clarify that the zoning of these sites did not change.
Amendment:
This By-law amends the Zoning District Plan attached as Schedule D to By-law No. 3575, and amends or substitutes the boundaries and districts shown on it, according to the amendments, substitutions, explanatory legends, notations, and references shown on the plan marginally numbered Z-555, and consisting of 5 pages, attached as Schedule A to this By-law, and incorporates Schedule A into Schedule D to By-law No. 3575.
CD-1 BY-LAWS
CD-1 By-law No. 6744 (#264) 101 Terminal Avenue (City Gate)
In 1998, Council amended several CD-1 by-laws with respect to open and enclosed balconies and the amount of balcony area that could be enclosed. As the City Gate CD-1 By-law did not reference enclosed balconies, it was not included in those amendments. However, staff in processing recent development permit applications in this CD-1 have administratively been using the floor area exclusion clause common to other large CD-1s similar to City Gate. Therefore, for clarity and consistency, the standard clause should be inserted in the by-law.
Amendment:
6.6 The following may be excluded in the computation of the floor area:
(a) enclosed residential balconies, provided that the Director of Planning first considers all applicable policies and guidelines adopted by Council and approves the design of any balcony enclosure subject to the following:
(i) the total area of all open and enclosed balcony or sundeck exclusions does not exceed eight percent of the residential floor area being approved; and
(ii) no more than fifty percent of the excluded balcony floor area may be enclosed.CD-1 By-laws No. 8536 (#413) 801 West Georgia Street
No. 8546 (#414) 600 Granville Street & 602 Dunsmuir Street
No. 8740 (#418) 488 Robson StreetWhen these by-laws were created, the clause stating what is included in floor area was inadvertently omitted. The following will correct that oversight.
Amendment:
Computation of floor space ratio must include all floors having a minimum ceiling height of 1.2 m, including earthen floor, both above and below grade level, to be measured to the extreme outer limits of the building.
[In CD-1s #413 & # 414 the above will be section 3.2 with existing 3.2 and subsequent clauses renumbered.
In CD-1 #418 the above will be section 4.5 with existing 4.5 and subsequent clauses renumbered.]
OFFICIAL DEVELOPMENT PLANS
Central Waterfront Official Development Plan
In November 1999, Council took several actions regarding the anticipated expanded Trade and Convention Centre proposed east of Canada Place. At that time Council:
- rezoned the site of the proposed Convention Centre from the Central Waterfront Official Development Plan (CW ODP) to CD-1;
- zoned land north of Canada Place Pier for Pier expansion to CD-1 and included it in the CW ODP, and
- removed the area covered by the Central Waterfront Port Lands Policy Statement from the CW ODP.However the text amendments incorporated in the CW ODP at that time contains misleading language as to which zoning schedule or policy applies to various sites. The following clarifies the situation:
Amendment:
Amend the 8th and 9th bullets of the Background section of the Preamble to read:
· In February 1994, City Council and the Board of Vancouver Port Corporation adopted the Central Waterfront Port Lands Policy Statement (CWPPS) that
describesdescribed general planning principles to guide future development and establishesthe amount of developmentthat shallto be considered fora portion of the sitethe lands from Canada Place to the foot of Main Street(see Figure 1)through the later phases of planning and urban design.· On 30 November 1999 the CWPPS area was removed from the
Central Waterfront District with theCentral Waterfront Official Development Plan (CWODP)amended accordingly, to delete reference to this area. The area west of Portside Park was rezoned CD-1, while Portside Park remained zoned Central Waterfront District, with both sites still subject to the CWPPS. In addition, an area of unzoned land was added to the CWODP to facilitate consideration of a proposal to extend the Canada Place Pier.Southeast Granville Slopes Official Development Plan
Section 6.4 contains an incorrect reference to a section of the Parking By-law. The correct reference is section 4.9 of the Parking By-law.
Amendment:
6.4 Off-Street Parking and Loading
Parking and loading shall be accessed generally as illustrated on Diagram 7. Subject to Sections 6.4.1 and 6.4.2, parking and loading facilities shall be provided and maintained in accordance with the provisions in
Section 4.8 of the Zoning and Development By-law.Section 4.9 of the Parking By-law.* * * * *