Vancouver City Council

POLICY REPORT
DEVELOPMENT AND BUILDING

Date: December 01, 2004
Author: B. McAfee

Phone No.: 604.873.7699

RTS No. 04675

CC File No. 5302
Meeting Date: December 14, 2004

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws and the Downtown Official Development Plan

RECOMMENDATION

THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law, CD-1 By-laws and the Downtown Official Development Plan 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 generally in accordance with Appendix A 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 these amendments.

PURPOSE AND SUMMARY

This report recommends a number of miscellaneous text amendments to the Zoning and Development By-law, several CD-1 By-laws and the Downtown Official Development Plan.

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 June 2004.

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 amend the definition of Special Needs Residential Facility;

$ To Section 10 to correct a By-law number reference;

$ To the I-3 District Schedule to rectify a sub-clause numbering error in Section 4.7.4.

CD-1 By-laws

$ To CD-1 By-laws No. 4940 (#113) and No. 8592 (#416) to replace the use term of Congregate Housing with Seniors Supportive or Assisted Housing; and

$ To CD-1 By-laws No. 7087 (#290) and No. 7174 (#305) 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.

Downtown Official Development Plan

$ To Section 1.2 by deleting an incorrect reference to sub-area G regarding General Office Live-Work.

CONCLUSION

This report proposes a number of miscellaneous amendments to correct errors and provide clarity in the interpretation of existing by-laws. It is recommended that staff be instructed to make application to amend the Zoning and Development By-law, CD-1 By-laws and the Downtown Official Development Plan and that the application be referred to Public Hearing and be approved.

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APPENDIX A

PROPOSED MISCELLANEOUS TEXT AMENDMENTS
ZONING AND DEVELOPMENT BY-LAW, CD-1 BY-LAWS &
AN OFFICIAL DEVELOPMENT PLAN

[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 Institutional Uses, in the Special Needs Residential Facility section, delete the reference to Special Needs Residential Facility - Congregate Housing, as that use has now been redefined as Seniors Supportive or Assisted Housing under Dwelling Uses.

Amendment

Special Needs Residential Facility, which means and includes when used by itself without reference to any subclassification all of the following uses, or any one of them, but no other: Special Needs Residential Facility - Community Care - Class A; Special Needs Residential Facility - Community Care - Class B; Special Needs Residential Facility - Congregate Housing; and Special Needs Residential Facility - Group Living;

Section 10 General Regulations

In clause 10.18, The health By-law is incorrectly referenced as By-law No. 4387, whereas the correct number is 6580.

Amendment:

10.18 Birds and Animals [See Health By-law No. 4387 6580]

I-3 District Schedule

Section 4.7.4 has incorrect clause numbering which requires correction.

Amendment

4.7.4 The Development Permit Board or the Director of Planning, as the case may be, may relax the provisions of section 4.7.1 up to a floor space ratio of 3.0 for Office Uses listed in section 2.2.0, if the Development Permit Board or the Director of Planning, as the case may be, first considers:

(d) (a) the intent of the schedule, all applicable policies and guidelines adopted by Council, and the relationship of the development to any nearby residential uses;
(e) (b) the height, bulk, location, and overall design of the building and its effect on the site, surrounding buildings, and streets; and
(f) (c) the provision of roads and bike and pedestrian connections as outlined in plans and policies adopted by Council.

CD-1 BY-LAWS

CD-1 By-laws - No. 3893 (#9) 3330-3360 East 4th Avenue
- No. 8592 (#416) 1175 Broughton Street

The term ASpecial Needs Residential Care Facility - Congregate Housing@ has now been replaced by the term ASeniors Supportive or Assisted Housing@ which is a Dwelling Use. The by-laws should be amended to reflect that change.

Amendment:

CD-1 By-law #9
Section 2.2 (Uses)

(a) Dwelling Uses, limited to Multiple Dwelling and Seniors Supportive or Assisted Housing;
(b) Institutional Uses, limited to Special Needs Residential Care Facility - Congregate Housing, and to Social Service Centre ...

Section 7.2 (Parking, Loading and Bicycle Parking)

(b) for congregate Seniors Supportive or Assisted Housing multiple dwellings

CD-1 By-law #416
Section 2 (Uses)

(a) Special Needs Residential Facility - Congregate Housing Seniors Supportive or Assisted Housing,

Section 5 (Off-street Parking and Loading)

(a) for Special Needs Residential Facility - Congregate Housing Seniors Supportive or Assisted Housing use, a minimum ...

CD-1 By-laws No. 7087 (#290) 1890 York Avenue & No. 7174 (#305) 1899 West 1st Avenue

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. These two by-laws should have had the clause added at that time.

Amendment:

3.5 The following may be excluded in the computation of floor area:

(a) enclosed residential balconies if 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 must not exceed 8% of the residential floor area being approved, and

(ii) the total enclosed area of excluded balcony floor area must not exceed 50%.

OFFICIAL DEVELOPMENT PLAN

Downtown Official Development Plan - Section 1 (land Use), subsection 2

In 2003, Council amended the Downtown Official Development Plan by defining AGeneral Office Live-Work@ and determining where and under what conditions that use could be permitted. However in the referral report and the subsequent amending by-law, sub-area AG@ was inadvertently added to the list of sub-areas where that use is permitted. Therefore the correction should be made to delete sub-area AG@.

Amendment:

In the areas denoted by the letters >C=, >G=, General Office Live-Work may be permitted, but limited to dwelling uses having direct access to grade ...

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