POLICY REPORT
URBAN STRUCTURE
Date: January 22, 1996
Dept. File No. RGL
TO: Vancouver City Council
FROM: Directors of Land Use and Development and Central Area
Planning, in consultation with the Manager of Real Estate and
the Director of Legal Services
SUBJECT: Heritage Density Transfers in the Central Area
RECOMMENDATIONS
A. THAT the Director of Land Use and Development be instructed to
make application to amend the RM-5, RM-5A, RM-5B, C-3A, C-5
and C-6 Zoning District Schedules, and the Downtown Official
Development Plan, to permit the Development Permit Board to
approve limited transfers of heritage floor space onto
development sites in these districts, from heritage sites in
these districts, as set out in Appendix A;
FURTHER THAT the application be referred to a Public Hearing;
AND FURTHER THAT the Director of Legal Services be instructed
to prepare the necessary by-laws for the Public Hearing.
B. THAT consequential amendments to the Transfer of Density
Policy and Procedure, as noted in Appendix D, be presented for
adoption, in principle, at the Public Hearing, to exclude
certain sites from qualifying as receiver sites for heritage
density transfers, and to include reference to consideration
of impacts related to additional density on receiver sites.
C. THAT subject to approval of A and B, staff report back on the
success of the amended policies in March 1998.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A,
B and C.
COUNCIL POLICY
Council's "Transfer of Density Policy and Procedure" (TDP) provides
opportunities for the transfer of density from one site to another where
the transfer will achieve at least one of a number of public objectives,
including heritage preservation.
Council's "Heritage Policies and Guidelines" state that buildings listed
on the Vancouver Heritage Register have heritage significance, and that
the City's long-term goal is to protect through voluntary designation as
many resources on the Register as possible. A number of incentives
exist to aid heritage preservation, including heritage density bonusing
and the Transfer of Density Policy.
SUMMARY
Note: A glossary of terms used in this report is attached as
Appendix B.
This report recommends that Council's transfer of density policy
(amended in 1993 and again in 1994) to encourage retention of heritage
buildings in the Central Area, be again amended as was contemplated at
that time. The change would require amendments to various zoning
district regulations, and the Downtown Official Development Plan, to
give the Development Permit Board the authority to approve a maximum ten
percent extra density on a receiver development site in parts of the
Central Area (shown on the map attached as Appendix C), where this extra
density is derived from one or more heritage donor site(s) in the same
parts of the Central Area.
The report also recommends amending Council's transfer of density policy
so that:
(a) residual or bonus heritage density from a rezoned site with a
Vancouver Heritage Register building in the identified area be
eligible for consideration by the Development Permit Board for
transferring onto a receiver site(s) within the same area,
consistent with Section 595A of the Vancouver Charter; and
(b) the following are excluded as potential receiver sites:
i) a site already receiving a hotel density bonus;
ii) a site already receiving a heritage density bonus;
iii) a site containing a SRO hotel, unless the units are secured or
replaced; and
iv) a site zoned CD-1, unless a provision is included in the CD-1
by-law.PURPOSE
This report proposes by-law and policy amendments to authorize the
Development Permit Board to approve density to be transferred from sites
with residual heritage density in the Central Area onto receiver
development sites in the Central Area.
BACKGROUND
On September 2, 1993, Council amended the policy to permit the transfer
of density from any heritage "donor" site in most parts of the Central
Area to any "receiver" development site(s) in any of the same parts of
the Central Area, regardless of the zoning on the donor and receiver
sites. Despite this potential for heritage density transfers across
zoning boundaries, both the donor and receiver sites must be rezoned to
accomplish the density transfers, although this does not have to be done
simultaneously. The rezoning of the heritage site, through which
residual and/or heritage bonus density is conferred for future transfer,
is an incentive to achieve the rehabilitation and designation of the
building. Residual/bonus density is held (through a development
limitation covenant) on the donor heritage site until approved for
transfer elsewhere.
At the same time, Council requested that staff report back on:
(a) new legal mechanisms to give greater certainty to deferred residual
heritage density on heritage donor sites;
(b) amendments to the DODP and the zoning schedules within the Central
Area, as shown in Appendix C, to permit increases in FSR to a
maximum amount for a site or sites receiving density from a
heritage donor site, without requiring rezoning of the receiver
site(s). In drafting this policy, consideration should be given to
the cumulative amount of residual density which could ultimately be
held on heritage donor sites in the Central Area, the method of
calculation of transferable density and the establishment of a
review period to determine the success of the new policy;
(c) a review of the issue of density in Gastown and Chinatown for
potential inclusion in the new transfer of density policy; and
(d) the success of the amended policies by March 1995.
On December 8, 1994, Council again amended the Transfer of Density
Policy to allow density to be transferred out of HA-1, HA-1A Districts
(Chinatown).In July 1995, the Province enacted an amendment to the
Vancouver Charter (Section 595A, attached as Appendix E) to allow for
the establishment of a transfer of density system, as contained in this
report.
DISCUSSION
The Problem
Council's current "Transfer of Density Policy and Procedure" calls for
the rezoning of both the heritage donor site and the receiver
development site(s). The heritage donor site must be rezoned in order
to establish the amount of residual/bonus heritage density that may not
be used on the site in the future, but may be transferred away. The
receiver site(s) must be rezoned to permit increases in density beyond
that permitted under existing zoning.
However, developers of potential receiver sites are reluctant to utilize
residual/bonus heritage density because of the time, cost and risk of
rezoning their own sites. If there is little interest in acquiring
residual/bonus heritage density, the market value of this density is
diminished and few owners of heritage sites will be able to benefit from
the policy. More heritage buildings may well be lost.
The Objective
The objective of the proposed amendments is to make it easier for
developers of potential receiver sites to utilize density from heritage
donor sites by not requiring receiver sites to be rezoned if the
requested resultant site density is no more than ten percent beyond the
current zoning maximum.
A summary of the envisaged process for receiver sites is as follows:
1. The developer of a potential receiver site makes initial
arrangements to purchase density from a heritage site with surplus
density already conferred through CD-1 zoning or other development
limitation mechanisms, such as a covenant, established through a
Heritage Revitalization Agreement.
2. The developer arranges a pre-design conference with Planning staff
to determine the level of support for increased density (up to ten
percent) on the proposed receiver site and any special design
considerations that might apply.3. A development application is
submitted (a preliminary development
application may be recommended), in
which the density transfer is based
on a square metre for square metre
basis.
4. After processing, the Development Permit Board decides on the
application.
5. Development permit issuance is subject to an amendment to the
covenant affecting the donor site to reduce the amount of
transferable density by the amount being utilized on the receiver
site.
The Issues
A. Legislation
Section 595A of the Vancouver Charter enables Council to establish a
facilitated transfer of density system for heritage preservation. The
legislation allows density on a receiver site to be increased by up to
ten percent of maximum density permitted under current zoning, when the
density being transferred is part of a compensation package for the
heritage designation of the donor site.
To take advantage of this enabling legislation, amendments are needed to
the Downtown District Official Development Plan and the applicable
zoning district schedules in the Central Area. The recommended
amendments are set out in Appendix A.
B. The Cumulative Amount of Heritage Density
The total amount of transferable heritage density available in the
marketplace will impact its value and the interest there is in the
development community to acquire it. Staff are recommending that
transferring density from heritage sites be considered as one incentive
for preservation, and that each rezoning application for heritage site
be considered on its own merits. Care taken in considering the source
of available density should keep it under control and sustain its value.
Presently there exist in the affected zoning districts in the Central
Area (including Central Broadway and South Granville) 265 sites with
buildings listed on the Vancouver Heritage Register. Of these, 54
contain Category "A" buildings, 146 contain Category "B" buildings and
65 contain Category "C" buildings.There is no way to predict the annual
projected take-up of the surplus density on receiver development sites
that would occur if rezoning is no longer required. To date, there have
been two heritage rezonings and residual/bonus density held in
development limitation covenants. The B.C. Hydro Building had 13 935 m›
(150,000 sq. ft.) established in 1994, of which 1 927.6 m› (20,750 sq.
ft.) had been transferred to a site at Thurlow and Robson Streets. The
former Vancouver Public Library has 18 115 m› (195,000 sq. ft.) of
density available for transfer. The recent rezoning of 1202-1292 West
Georgia established 1 467.2 m› (15,793 sq. ft.) of heritage bonus
density related to the rehabilitation of the historic Abbott House. In
1995, Council considered a proposal for the Stanley Theatre to have 4
087.6 m› (44,000 sq. ft.) available for transfer, but this has not yet
been conferred through the rezoning process. Combined, these four sites
represent 35 677.2 m› (384,039 sq. ft.) of density, either approved or
pending, for future transfer.
The rate of take-up under a revised policy will depend on other policy
changes, market conditions, and the supply of transferable density.
However, if the requirement to rezone receiver sites is removed, it will
be less costly to transfer density, and therefore should be of more
interest to developers.
C. How Much Density Can a Receiver Site Absorb?
All affected zoning districts in the Central Area were examined to
determine the potential impact of permitting heritage density transfers
onto receiver sites. This work was done to establish the maximum amount
of extra density that might be approved by the Development Permit Board
without unduly impacting neighbouring sites.
Staff conclude, and recommend, that all of the affected zoning districts
in the Central Area should be amended to allow the Development Permit
Board to permit a ten percent increase in the maximum allowable density
to accommodate the transfer of density from heritage donor sites. This
amount is proposed because:
1. the impacts on livability, shadowing and other urban design
concerns resulting from a ten percent increase are manageable
through the development permit process, and applications would be
evaluated against existing area development guidelines regarding
livability and neighbourhood character;
2. experience with the zoning in the downtown, which now permits a ten
percent density increase on heritage sites, has proven to pose no
major problems; and3. a ten percent increase will provide
sufficient density to encourage transfers,
particularly to larger development sites with
45.8 m (150 ft.) of frontage or more.
For example, a ten percent increase in density for a typical 45.8 m
(150 ft.) by 36.6 m (120 ft.) site, would probably result in the
following changes:
i) one additional storey in an office building in the central business
district (two or three storeys for larger sites); or
ii) two or three additional storeys in a residential tower in Downtown
South; or
iii) one additional storey in a residential tower in the West End; or
(iv) one additional storey in a residential tower or a portion of a
commercial storey on Central Broadway; or
v) small increases to the area of each floor instead of or in
combination with increasing the height.
Applications for heritage density transfers may be refused (applicants
would be advised not to apply) if the resulting development creates
unacceptable shadowing of parks or shopping-oriented sidewalks, or
results in massing and forms that do not reflect desired neighbourhood
character. However, the risk of refusal would be small, as the major
considerations will have been discussed at the pre-design conference.
Should staff feel the site cannot support a density transfer, the
prospective applicant will be well aware of that position, and would
likely abandon the proposal before finalizing density purchase
arrangements.
In some areas within the downtown, hotels are eligible for a 15% density
bonus. Staff recommend that sites receiving a density bonus for hotel
should not be eligible for a heritage density transfer, and that sites
with heritage density bonuses should not receive additional density
transferred from other heritage sites. Such doubling of bonus
opportunities could result in unwieldy increases in building bulk or
use, resulting in negative impacts on neighbouring properties.
Sites with a SROs (Single Room Occupancy hotel) would be ineligible to
receive heritage density unless the existing units are retained or
relocated elsewhere in the Central Area. Such transfer would otherwise
precipitate the loss of this stock of accommodation.In areas where there
are advisory groups (e.g. the Downtown South Redevelopment Impacts
Committee) staff can involve them in evaluating development applications
for density increases.
Certain sites may be able to accommodate additional density increases
beyond ten percent, in which case, the proposal would be dealt with
through a rezoning.
D. Development Cost Levies
The Vancouver Charter allows Council to establish, by by-law, areas
where new development is subject to development cost levies (DCLs) to
pay for capital projects in that area. At present, the area of existing
buildings is excluded from DCLs, but bonus density is not. There is
concern about the transferable bonus density being subject to DCLs as
this is accounted for by the developer in requesting a heritage bonus
and increases the size of the bonus accordingly. Staff continue to
investigate mechanisms to resolve this dilemma, such as, through the
Heritage Revitalization Agreement.
E. Monitoring
Transferable heritage density would be bought and sold on the open
market. Should numerous heritage site owners wish to sell density by
taking advantage of the transfer of density policy but interest by the
development industry in acquiring the density remains limited, there
could become a surplus of residual heritage density. If so, the value
of this density would be discounted due to competition.
To avoid value discounting and to ensure that owners of significant
heritage buildings will be encouraged to pursue the policy, staff will,
when advising Council of proposals for rezoning of heritage sites to
create and confer transferable density, consider the merits of the
application on a case-by-case basis. Staff will also comment on the
state of the marketplace in terms of existing transferable density. If
it appears that the market is becoming saturated, staff may recommend
that Council not support particular rezoning applications.
There are different land values in the various affected zones, which
impacts the value of the density transfer. For practical purposes,
staff feel that it is best to deal with density on an equal basis.
While certain inequities and windfall profits may result in allowing the
density from donor sites to be equal in buildable area when applied to
receiver sites where land values are higher or lower, it may, upon
further reflection, be preferable for the market to take care of this
issue rather than for staff to analyze proposals based on relative land
values. Further, staff support that the use of the density on the
receiver site not be aconsideration so that developers have the maximum
flexibility in utilizing this incentive. Staff will monitor the flow of
density with the new policy amendments and advise Council of any
significant concerns raised by this density valuation approach.
F. Gastown and Chinatown
In 1994, Council approved the rezoning of Chinatown which included the
ability to transfer density from designated sites with VHR-listed
buildings. These 24 buildings have a total potential transferable area
of 19 800 m› (214,000 sq. ft.). The TDP was amended to permit density to
go outside of, but not into, Chinatown. At present, Gastown has no
FSR, so technically there is no density to transfer. Discussions are
underway about new zoning for Gastown, as part of the Gastown Land Use
Plan process, including the issues of FSR and density.
CONCLUSIONS
Staff recommend that Council amends the Zoning and Development By-law
and the Downtown ODP to eliminate the rezoning requirement for receiver
development sites in the Central Area where the transfer of density from
heritage sites in the Central Area is proposed. It is recommended that
the Development Permit Board be empowered to permit an FSR increase of
up to ten percent over the maximum otherwise permitted on receiver sites
within most zones in the Central Area.
* * *
APPENDIX A
Page 1 of 2
By-law Amendments
1. Downtown District Official Development Plan
Amend Section 3, Density, by adding a new subsection 10:
"Notwithstanding subsections 1, 3 and 4, the Development
Permit Board may permit an increase in floor space ratio for
any use where the increase results from a transfer of heritage
floor space to a maximum of ten percent over the total
permitted floor space ratio, except that this increase shall
not apply to hotels where the floor space has already been
increased pursuant to subsection 2. For the purpose of this
subsection, heritage floor space means floor space on a site
where the site or a building or a structure is designated by
the Heritage By-law and, according to the development
limitation mechanism regulating land for that site, is
available to be transferred to another site and is located
within areas shown as transfer of density areas for heritage
preservation illustrated in the Transfer of Density Policy and
Procedure adopted by Council and in effect at the time of
application for relaxation under this section."
2. RM-5, RM-5A and RM-5B
Add a new section 4.7.7:
"The Development Permit Board may permit an increase in floor
space ratio where the increase results from a transfer of
heritage floor space to a maximum of ten percent over the
total permitted floor space ratio, except that this increase
shall not apply to any development where the floor space has
already been increased resulting from the restoration of a
heritage building pursuant to section 4.7.6. For the purpose
of this section, heritage floor space means floor space on a
site where the site or a building or a structure is designated
by the Heritage By-law and, according to the development
limitation mechanism regulating land for that site, is
available to be transferred to another site and is located
within areas shown as transfer of density areas for heritage
preservation illustrated in the Transfer of Density Policy and
Procedure adopted by Council and in effect at the time of
application for relaxation under this section." APPENDIX A
Page 2 of 2
3. C-3A
Add a new section 4.7.5
"The Development Permit Board may, for sites located west of
Main Street, north of 16th Avenue and east of Burrard Street
permit an increase in floor space ratio where the increase
results from a transfer of heritage floor space to a maximum
of ten percent over the total permitted floor space ratio.
For the purpose of this section, heritage floor space means
floor space on a site where the site or a building or a
structure is designated by the Heritage By-law and, according
to the development limitation mechanism regulating land for
that site, is available to be transferred to another site and
is located within areas shown as transfer of density areas for
heritage preservation illustrated in the Transfer of Density
Policy and Procedure adopted by Council and in effect at the
time of application for relaxation under this section."
4. C-5 and C-6
Add a new section 4.7.5:
"The Development Permit Board may permit an increase in floor
space ratio where the increase results from a transfer of
heritage floor space to a maximum of ten percent over the
total permitted floor space ratio, except that this increase
shall not apply to hotels where the floor space has already
been increased pursuant to section 4.7.1.2. For the purpose
of this section, heritage floor space means floor space on a
site where the site or a building or a structure is designated
by the Heritage By-law and, according to the development
limitation mechanism regulating land for that site, is
available to be transferred to another site and is located
within areas shown as transfer of density areas for heritage
preservation illustrated in the Transfer of Density Policy and
Procedure adopted by Council and in effect at the time of
application for relaxation under this section." APPENDIX B
Page 1 of 2
Glossary of Terms
Heritage Building: a building having heritage significance and listed on
the Council-adopted Vancouver Heritage Register under one of the
following:
Category "A" - building of primary heritage significance;
Category "B" - building of individual heritage importance; or
Category "C" - building of heritage character.
Heritage Site: a site containing a heritage building.
Designated Heritage Building: a building designated by Council under
the Heritage By-law prohibiting alteration or demolition without
Council's prior approval.
Density: allowable floor space ratio (floor area in relation to site
area).
Development Limitation Covenant/Mechanism: a legal agreement which
identifies the amount of density which is attributed to the donor site,
but which cannot be built on the site; in essence, the amount of density
available for transfer.
Transfer of Density Policy: a policy of Council to consider rezoning
applications proposing to transfer density from one site to another
site or sites when such transfers achieve certain prescribed public
objectives.
Heritage Density Bonus: a density bonus given in exchange for
preserving a heritage building.
Heritage Density Transfer: usable density from a heritage site that is
transferred to another site.
Residual Heritage Density: allowable density on a site, over and above
the density of the existing heritage building, some of which may be used
on that site or may, all or in part, be transferred to another site (may
include a heritage density bonus).
Heritage Revitalization Agreement (HRA): as provided in the Vancouver
Charter, Section 592, where Council and the owner of a heritage property
may agree to a wide range of resources, including density increase
(having held a Public Hearing on the matter).
Deferred Residual Heritage Density: residual heritage density that is
held on a heritage site through the use of a development limitation
covenant.
APPENDIX B
Page 2 of 2
Heritage Donor Site: a site with residual heritage density that may be
transferred to a receiver development site or sites.
Receiver Development (or Receiver) Site: a site where residual heritage
density from a heritage donor site is used.
SRO (Single Room Occupancy) Hotel: generally consists of one room,
rented out on a weekly or monthly basis, sometimes containing cooking
facilities but usually no private bathroom. APPENDIX C
Transfer of Density Areas for Heritage Preservation - approved by
Council December 1994
APPENDIX D
Page 1 of 4
Transfer of Density
Policy and Procedure
D R A F T
Adopted by City Council January 25, 1983
Amended September 11, 1984, July 7, 1987,
July 30, 1991 and September 2, 1993 and
December 8, 1994
Rezoning applications which involve the transfer of density from one
site to another site will be considered, provided that such a transfer
will assist in achieving one or more of the following public objectives:
(1) To preserve heritage buildings or site, listed on the Vancouver
Heritage Register, particularly where it is demonstrated that
residual and/or bonus density required for the buildings'
rehabilitation cannot be used on the heritage site;
(2) To create desirable public open space or park land;
(3) To facilitate development in areas with mixed use zoning;
(4) To achieve and improved urban design;
(5) To help implement Council-approved view protection policy in
Downtown South;
(6) To help protect existing Single Room Occupancy Stock in Downtown
South;
and
provided further, that the following limitations are respected:
(a) Except for heritage sites as defined in (b), the sites are not
separated by a zoning boundary or use, density or height district
boundary in an Official Development Plan, unless the sites involved
are both within the same block; or the donor site is in the 800-
1200 blocks of Granville Street and the recipient site is in
Downtown South.
(b) Transfer of density may be considered from for approval by the
Development Permit Board involving heritage sites located within
and between the various zones of the Central Area including:
Downtown District ODP, RM-5, RM-5A, RM-5B, C-5, C-6, HA-1, HA-1A
and CD-1, and those portions of C-3A located west of Main Street,
north of 16th Avenue, and east of Burrard Street, except that no
heritage density may be transferred onto sites located in the HA-1
and HA-1A Districts. APPENDIX D
Page 2 of 4
D R A F T
(c) If the objective to be served is (4) urban design, the sites are
within the same block or separated only by a single street;
(d) The aggregate development potential for the sites remains unchanged
by the transfer;
(e) The aggregate development potential for any specific use remains
unchanged by the transfer;
(f) No bonuses for public, social or recreational facilities are
transferred;
(g) Except for transfers involving heritage sites, no more than two
sites are involved in any transfer and a site is not involved in
more than one transfer;
(h) The proposal has been demonstrated to further the intent of
Council's policies and regulations for the area;
(i) Heritage bonuses may be transferred if Council has previously
decided under its heritage bonus policy that all or part of the
bonus density cannot be used on the heritage site without undue
impact on the character and context of the preserved building, or
without an unacceptable impact on surrounding properties.
The following procedure is to be followed in applying the density
transfer policy:
(1) For transfers to achieve heritage objectives:
(i) Heritage features to be preserved on the donor site shall be
defined by the Director of Planning or the Development Permit
Board on the advice of the Vancouver Heritage Commission.
(ii) Category A building on the Vancouver Heritage Register will be
automatically eligible for consideration; Category B and C-
listed VHR buildings will first have to be approved by
Council; A and B category Recent Landmarks will also be
considered if approved by Council for listing on the VHR;
(iii)
(ii) Residual (and bonus) density may be held on a heritage donor
site through the use of a development limitation covenant
which shall be amended as density is disbursed and ultimately
discharged when all density is transferred; APPENDIX D
Page 3 of 4
D R A F T
(iv)
(iii) Preference will be given to proposals which use heritage
buildings for cultural, social, recreational and educational
uses, especially when that use is historically associated
with the building; and
(v)
(iv) For any site located within the HA-1 District, where a
development application is submitted to establish density
available for transfer to another site, Council approval for
the creation of the transferable density will be required as
a condition of development permit issuance, although
rezoning of the donor site is not required.
(v) Within the Central Area as defined in (b) above, the
following steps (2) to (8) involve the rezoning of the
heritage donor site only; the receiver site is approved by
the Development Permit Board;
(vi) Density on receiver sites shall be sensitive to the impact
of additional density on shadowing, floor plate shape and
size, height and view corridors; and
(vii) The following shall be excluded as receiver sites
within the Central Area [as defined in (b)];
- sites already receiving a 15% hotel bonus;
- sites already receiving a heritage density bonus;
- sites containing a single room occupancy (SRO)
hotel, unless arrangements are made to secure or
replace units; and
- sites zoned CD-1, unless a provision is included
in the CD-1 by-law.
(2) Developer reviews his proposals with the Director of Planning.
(3) Developer makes formal application for rezoning with appropriate
supporting material to indicate details of and rationale for the
proposal and analysis of relevant impacts. The Director of
Planning may require that the developer concurrently file a
preliminary development permit application.
(4) Director of Planning coordinates staff review of proposal in
consultation with Engineering, Social Planning, Park Board staff as
required, including whatever public review process he deems
appropriate to the specific proposal, and may include consideration
of a preliminary development permit application by the Development
Permit Board and the Urban Design Panel.
APPENDIX D
Page 4 of 4
D R A F T
(5) Council considers the proposal and staff review at Public Hearing
and gives decision.
(6) Appropriate legal agreements are drawn up according to
recommendations in staff review of proposal.
(7) Council enacts by-law.
(8) Development permit application process is followed as in CD-1
development sites. APPENDIX E
Excerpt from the Vancouver Charter, Section 595 A
1953 VANCOUVER CHARTER CHAP. 55
Transfer of increased density provided
as compensation for heritage designation
595A (1) In relation to extra density provided as compensation under
section 595, the Council may establish a heritage density increase
transfer system in accordance with this section.
(2) For the purposes of this section, a zoning by-law may
provide that the density otherwise permitted for a site within the zone
is increased if
(a) the extra density is transferred to the site from a
designated heritage property in relation to which it was
received as compensation, and
(b) the transfer to the particular site and the amount of density
increase on that site are approved by the Development Permit
Board established under Section 565A (d).
(3) A by-law referred to in subsection (2) must establish
the maximum density increase that may be permitted by the Development
Permit Board, subject to the limit that the maximum established must not
be greater than 10% of the otherwise applicable density for the site to
which the extra density is transferred.
(4) Before considering an application for approval of a
density transfer under this section, the Development Permit Board must
consider the views of persons who consider themselves affected by the
proposed density increase for the site to which the extra density is to
be transferred and, for these purposes, must publish a notice in at
least 2 consecutive issues of a daily newspaper published or circulating
in the city stating
(a) the site to which the extra density is to be transferred and
the designated heritage property to which it relates,
(b) the extent of density increase that is proposed for the site
to which the extra density is to be transferred, and
(c) the manner in which persons affected by the proposed density
increase for the site to which the extra density is to be
transferred may make their views known to the Development
Permit Board.
(5) Before a density transfer is permitted under this
section, a covenant in favour of the city that the extra density will
not be used on the designated heritage property must be registered under
section 215 of the Land Title Act against the designated heritage
property.